Department of Chemical Engineering

November 15, 1989, Revised: March 11, 1991

INTRODUCTION

   Minnesota's 1983 Employee Right-To-Know Act, and related sections of the state Occupational Safety and Health Codes, place certain obligations on employers whose employees may be exposed to hazardous substances, harmful physical agents, or infectious agents. Employers who are subject to these regulations must take steps to evaluate their work places and to provide specific types of training and information to their employees. These employees have a conditional right to refuse work if they are in imminent danger, or if they are not given the required information and training. There are also requirements for the labeling of hazardous substances and equipment or work areas that generate harmful physical agents.

   In order to comply with the state's Right-To-Know Standards, the employer must establish an acceptable program for gathering and updating information and conveying it to employees. This should be a written program addressing, at a minimum, the activities listed below.

1. Inventory of hazardous substances and agents in the work place.
   
   
2. Identification of employees who may be exposed.
   
   
3. Establishment of an information system.
   
   
4. Maintaining data sheets and information systems.
   
   
5. Ongoing employee access to information.
   
   
6. Initial, pre-assignment, and annual training.
   
   
7. Employees' right to refuse to work.

   There is also a Federal Standard called the Federal Hazard Communication Standard (29 CFR 1910.1200) which deals with the employees' right-to-know. This standard covers only employers in certain manufacturing SIC codes (20-39), and laboratories to a limited extent. It addresses only hazardous substances and has no provisions for "Technically Qualified Individuals" (TQIs).

   This standard places the primary responsibility for labeling on the manufacturer, importer, and distributor. Each container of hazardous chemicals must be labeled, tagged or marked with the following:

1. The identity of the hazardous chemical(s).
   
   
2. The appropriate hazard warnings.
   
   
3. The name and address of the manufacturer, importer, or other responsible party.

   Employers must also insure that at a minimum, a label includes points (1) and (2) above.

   MERTKA, on the other hand, places ultimate responsibility for adequate labeling on the Minnesota employer. The standard requires, that at a minimum, the information called for in the Hazard Communication Standard (listed above) be included on the labels.

   The Federal Communication Standard requires that training be given at pre-assignment, and any time new hazards are introduced. The standard requires a written hazard communication program. The deadline date for employers is May 25, 1986.

   The University of Minnesota has placed the direct responsibility for compliance with MERTKA on the individual Departments with technical and training aid assistance available from the Department of Environmental Health and Safety. This written program is being developed by the Department of Chemical Engineering in order to comply with the MERTKA standard and to provide guidance to the Department's faculty and staff in complying with the standard.

   The person who will oversee the Minnesota Employee Right-To-Know Act program for the Department of Chemical Engineering will be the Department's Safety Director. He/she will be expected to have an understanding of the right-to-know requirements as they pertain to the Department's educational and research program and a working knowledge of the training and information program that is outlined below. He/she will also be expected to be aware of new Federal and/or state right-to-know legislation as it may pertain to the Department.

INVENTORY OF HAZARDOUS SUBSTANCES

   The Laboratory Services Coordinator will be responsible for maintaining an inventory of all equipment, materials, and chemicals found in the Department. Since this is a new Department, there are no hazardous substances that can be inventoried initially. As the Department begins to purchase equipment, materials, and chemicals they will be entered into an inventory system. The inventory will eventually be handled by a computer system, but if it is not available by the time the first equipment and supplies arrive, a manual system will be used.

   The inventory system will be designed to keep track of the location of the equipment and chemicals. Chemicals that are considered hazardous as determined by MERTKA and/or by new rules and regulations that may be promulgated in the future will get a special designation. The inventory program will include the appropriate hazard warnings, manufacturer's name and address, and any other information required for these chemicals.

   Depending on the amount of time available and the resources of the Department, an attempt will be made to inventory the chemicals every six (6) months. If not, an inventory will definitely be taken once a year, immediately after the close of spring quarter classes. Inventory results will be kept on file in the Laboratory Services Coordinator's office. Results of surveys and test results will be kept on file in the Department office.

INVENTORY OF PHYSICAL AGENTS

   The physical agents covered by the Right-To-Know Standards are those with exposure standards enforced by the Minnesota Occupational Safety and Health Division, i.e. heat, noise, ionizing radiation, and non-ionizing radiation.

   Upon completion of the new laboratories, a survey will be taken to determine if there are any physical agents which may have levels exceeding their applicable permissible exposure limit (or action level in the case of noise). If equipment is purchased at a later date which may cause any of the limits set by the exposure standards to be exceeded they will be added to the inventory. A review will also be made once a year to determine if there are any limits which are being exceeded. If so, they will be added to the inventory. Records of the surveys, inventory, and any test results used in the surveys will be kept on file in the Department office.

INVENTORY OF INFECTIOUS AGENTS

   The Department personnel will not be using any infectious agents in the laboratories, nor is there any anticipation of their use. If at some later date any of these agents are used, a survey will be made to determine the specific agents. A review will be made once a year. Records will be kept in the Department office.

EMPLOYEE IDENTIFICATION

   The MERTKA standard defines "routinely exposed" as the following: a reasonable potential for exposure exists during the normal course of assigned work. This includes an assignment to clean up a spill of a hazardous substance, but does not include a simple walk through of the area in which the hazardous substance is present.

   It is the responsibility of the employer (Department) to identify those employees who will be routinely exposed to hazardous substances, physical agents, and infectious agents. In this Department, all faculty and staff (student help included) with the exception of the secretaries are personnel who may be "routinely exposed" to hazardous substance and harmful physical agents. A record (Form ChE 120) will be kept on file in the Department office listing these personnel. In addition this record will contain information that will be used to determine whether the personnel are "Technically Qualified Individuals" (TQI). When personnel are hired by the Department, the record will be updated.

   Students who take laboratory courses from the Department can also be "routinely exposed" to hazardous substances and harmful physical agents. The MERTKA standards do not include students, but the Department will make every effort to treat the students as if they were employees with some minor exceptions. The Department will not necessarily supply students with all safety equipment required. Some of the equipment will have to be purchased by the student. The Department will provide training for the students in their laboratory courses to the extent necessary to insure that safe laboratory procedures are followed.

TRAINING

   The MERTKA standard allows for the designation of "Technically Qualified Individuals" (TQI), who are exempt from coverage under the Minnesota Right-To-Know Act, in laboratories, health care facilities, and pharmacies. These persons are exempt because their professional or technical education, training, or experience gives them the ability to understand prior to the time of exposure, the health risks and the necessary safety precautions associated with each hazardous substance, harmful physical agent, infectious agent or mixture handled or utilized by the person. An employee can become classified as a TQI in a laboratory working with hazardous substances or harmful physical agents if he/she complies with the following:

1. A Baccalaureate degree (or higher) with a major in a technical field or at least two years actual experience working with hazardous substances.
   
   
2. Ability to understand entries on Material Safety Data Sheets.
   
   
3. Access to reference information on the hazardous substances or harmful physical agents handled in the work place.
   
   
4. Initial training.

   Normally all faculty and staff will qualify for the TQI exemption as long as they go through the initial training. The records discussed under Employee Identification will show whether the employee is a TQI. These records will be kept in the Department office. TQI's do not need to attend annual refresher courses but can request training, at which time it will be provided for them.

   Each new faculty or staff member will be given the initial training program before they begin working in the laboratory, but no later than 4 weeks after their first day of employment with the Department. The initial training of employees will be conducted by the Safety Director and shall consist of viewing eight (8) video cassette (VC) programs that are on reserve in the Library AV Reference Service at the main circulation desk of the Library. If additional programs are included in this collection, they shall be included in the initial training program. The collection at this time consists of the following.

1. General Concepts
2. Solvents
3. Toxic Metals
4. Acids and Bases
5. How to Read an MSDS (Material Safety Data Sheet)
6. Basic Lab Safety
7. Principles Lab Chemicals & Your Health, Part 1
8. Safety Practices Lab Chemicals & Your Health, Part 2
9. Practicing Safe Science

   A Training Certification Record (Business Administration Form 725) will be filled out and signed by each employee and the Safety Director each time training is given. The original will be kept in the employees record file and a copy sent to the UMD Environmental Health and Safety Department. These records will be retained for five (5) years.

   Additional training will be given to employees when appropriate training presentations are found or become available. If requested by TQIs, additional training will be given to them. If new research programs are added to the department or physical agents have to be addressed in a training program, pertinent training presentations will be evaluated and/or produced and given to the affected employees. If the Department has to address noise exposure in a training program on physical agents, the training requirements of Minnesota OSHA Noise Standard 1910.85 will be followed.

   An annual refresher training course will be given to employees who do not qualify as Technically Qualified Individuals. These employees will generally be students hired to work part time during the school year and during the summer. This refresher training course will consist of a review of the hazardous substances each employee works with, the appropriate safe work procedures to be used, and what to do in the event of a spill.

ESTABLISHMENT OF AN INFORMATION SYSTEM

   A master notebook containing an MSDS, also known as Form OSHA-20, for each chemical used by the Department will be kept in the Laboratory Services Coordinator's office. This notebook will be kept up to date as new chemicals are purchased. An MSDS will be requested from the supplier whenever chemicals are ordered. If an MSDS is not received from the supplier, one will be located or the information compiled from reference materials in order to keep the list up to date. Reference materials that contain the information required on an MSDS will be purchased or borrowed from other departments. A list of reference materials is found below. These reference materials will also be used to periodically check the validity of MSDSs received from chemical manufacturers or suppliers.

   Located in the Department of Chemical Engineering.

1. General Industry Standards Part 1910 OSHA 2206
   
   
2. NIOSH/OSHA Pocket Guide to Chemical Hazards, NIOSH Pub. No. 78-210
   
   
3. Occupational Health Guidelines for Chemical Hazards, NIOSH Pub. No. 81-123
   
   
4. American National Standard of Hazardous Industrial Chemical - Precautionary Labeling, ANSI Z129.1-1982
   
   
5. The Merck Index: An Encyclopedia of Chemicals and Drugs, Merck and Company, Inc.
   
   
6. Threshold Limit Values and Biological Indices for 1985-86, ACGIH
   
   
7. Prudent Practices for Handling Hazardous Chemicals in Laboratories, National Academy Press, (1981)
   
   
8. Prudent Practices for Disposal of Chemicals from Laboratories, National Academy Press, (1981)
   
   
9. Safety in Academic Chemistry Laboratories, Committee on Chemical Safety, American Chemical Society, (1976)
   
   

   A copy of an MSDS for each chemical stored and/or used in a faculty research laboratory will be kept in a notebook located in the laboratory. It will be the responsibility of the faculty member in charge of the lab to insure that the notebook is kept up to date.

   A copy of an MSDS for each chemical stored and/or used during a laboratory course will be placed in a notebook located in the laboratory. The laboratory services coordinator will be responsible for insuring that these notebooks are checked and updated prior to the start of each laboratory course.

   These notebooks will be spot checked periodically by the Safety Director to determine if they are kept up to date. After each 6 months and/or yearly inventory the notebooks will be checked thoroughly and updated where necessary.

   Each laboratory experiment writeup will include a short note which contains information on the MSDSs and the location of the notebook. Additional information on necessary personal protective equipment, special procedures, use of hoods, waste disposal procedures, etc. will also be included. If purchased laboratory manuals are used and they do not contain the pertinent safety information, the information will be communicated to the students via a handout and/or verbally at the beginning of the laboratory period.

   When computer software becomes available at an affordable price that includes all the information needed to comply with the MERTKA standards and has the capability to provide hard copies of the information, the Department may replace the notebooks with CRTs. If this change is made, employees will be trained to use the software so they will be able to access the information they need.

   Requests for printed information (hard copy for computer generated data) will be handled by a written request to the Safety Director. The written request will be kept on file in the Department office. If the information is readily available, it will be provided at the time of the request. If it is not readily available, the information will be provided within 24 hours. If the Safety Director is not available, the request will be handled by the Department secretary and/or Department head.

   If information is missing from the MSDS notebooks or there are questions, the employees should contact the Safety Director. The information found in the MSDS notebooks located in the laboratories will be available at all times when the laboratories are open. Assistance and other information will be available during normal UMD working hours. These hours are 8 A.M. to 4:30 P.M. Monday through Friday, excluding University holidays.

   Information on the person(s) to contact in order to get information, assistance, or printed material will be placed either on the front cover or be included on the first page of the MSDS notebooks. The information will include, but not be limited to, the name, room number, office hours, and phone number of the contact person and alternate contact person. Other pertinent information may be included initially or at a later date to help clarify items that have been found to cause problems. If CRTs are used, this information will be part of the software or posted in close proximity to the CRT.

EMPLOYEES RIGHT TO REFUSE TO WORK

   Under the Minnesota OSHA program, employees have always had the right to refuse to work under imminent danger conditions. This right has been extended under MERTKA to include the right to refuse if employees are not furnished with the information or training that is required under the Right-To-Know Act. TQIs do not have the right to refuse to work except under imminent danger conditions.

   It is the Department's policy to comply with the MERTKA standards and provide the necessary information and training required. If an employee(s) feels different, he/she shall notify the Safety Director and/or the Department head of the concern in writing and request an immediate meeting to discuss the problem. The Department head may call upon the safety committee for their help with a matter of this type.

   If the employee is not satisfied with the decision he/she can refuse to work. The Department head may assign the employee to other work or send him/her home. If the employee is sent home, he/she can, within 24 hours, file a discrimination claim with Minnesota OSHA.

LABELING

   A large percentage of the chemicals received from manufacturers will have the proper labels on them. If they do not, they will have to be properly labeled. Some solvents used by the Department will be stored in safety cans in flammable storage areas. These cans will be properly labeled. Waste materials from the Department will also be properly labeled and stored until they can be disposed of properly.

   If any Department equipment or work areas generate any of the harmful physical agents at levels which may approximate or exceed the Minnesota OSHA permissible exposure limits (or for noise, the "action level") they will be labeled or appropriate signs posted. These signs or labels will include the information on them as specified in the Right-To-Know standards.

REVIEW

   This written overview of the Department's program for complying with the Minnesota Right-To-Know Act will be reviewed periodically. Additions or deletions will be made to make it conform with amendments to the Act and/or Federal legislation which may supersede the state standards.

Form ChE 120

Form ChE 120-S