The following is the University's statement covering the legalities for the Right-to-Know Law.)
HAZARDOUS COMMUNICATION RIGHT-TO-KNOW
UNIVERSITY OF TENNESSEE
KNOXVILLE, TENNESSEE
PURPOSE
The intention of the Tennessee Occupational Safety and Health
Administration's (TOSHA) Hazard Communication Right-to-Know Law is to provide
employees information regarding chemicals used in the work place so as to
minimize hazardous exposure to the chemicals and to provide information to
emergency personnel to assist in protecting the health, safety and welfare of
the citizens of Tennessee.
EXPLANATION OF THE LAW
The Tennessee Occupational Safety and Health Administration Hazard
Communication Right-to-Know Law requires the employer to perform the
following:
1.Post adequate notification informing the employee about their rights
under this law:
2.Develop a chemical listing of each of the hazardous chemicals used or
stored in the work place in excess of fifty-five (55) gallons or five hundred
(500) pounds, submit this listing to the Tennessee Department of Labor, and
maintain the listing for a period of at least thirty (30) years.
3.Develop a library of the appropriate Material Safety Data Sheets (MSDS)
which will always be accessible to the employee;
4.Develop a written document which addresses the labeling of containers,
the training of employees as to the hazards of routine and non-routine tasks,
and the maintaining and updating of the program; and
5.Develop a program of communication with firefighting agencies relative
to the hazardous chemicals and provide a description of their location.
WRITTEN COMMUNICATION PROGRAM
Adequate notification will be posted in locations where notices are
normally posted to inform the employees about their rights under the Tennessee
Occupa-tional Safety and Health Administration Hazard Communication Right-to-
Know Law.
Hazardous chemicals in or leaving the work place shall be properly
labeled, tagged or marked in a manner which complies with the act and does not
conflict with any other regulation pertaining to hazardous chemicals. Labels
will identify the hazardous chemical, provide the appropriate hazard warning
and give the name, address and telephone number of the chemical manufacturer
or responsible party. Existing labels on containers of hazardous chemicals
will not be removed or defaced. Any employee will not be required to work
with a hazardous chemical from an unlabeled container except when that
employee places the chemical in the portable container and he/she immediately
(the same day) uses the substance. In order to enhance compliance with the
law, employees affix contents identification labels to all portable
containers.
A chemical listing of each hazardous chemical normally used or stored in
the work place or laboratory will be compiled and maintained. This listing
shall include the chemical name, the chemical abstract service (CAS) number,
where applicable, and the work place where the chemical is normally used or
stored. The work place chemical list will be maintained for no less than
thirty (30) years. The listing will be updated annually. The list will be
made available for inspection by the public during regular working hours.
A library of Material Safety Data Sheets (MSDS) will be maintained and
made available to the employee on request. If the MSDS are not provided by
the chemical manufacturer or distributor upon delivery of the chemical, the
unit head will request a MSDS in writing from the manufacturer or distributor
within five (5) business days. If the MSDS are not made available, the
employee may refuse to work with the hazardous chemical without penalty. Each
department will maintain a file of the MSDS of the chemicals or products used
by employees of that respective department. This file will assure that the
employee will have access to the MSDS as required. A back-up library of MSDS
will be maintained at the Department of Environmental Health and Safety.
The employee must be informed of any known exposure to hazardous
chemicals and be provided access to the work place chemical list and material
safety data sheets upon request. No employee may be retaliated against for
exercising his or her rights under this law. The employee may not waive any
right under the law as a condition of employment.
Any student, contractor, sub-contractor, vendor, salesperson, or visitor
shall be informed of any hazardous chemicals used in the areas being visited
or areas where a person will be working. Notification of the presence of
hazardous chemicals shall be the responsibility of the head of the department
that the visitor is visiting or person providing the service. Those persons
shall either be provided or required to provide their own safety and
protective equipment. Any contractor, sub-contractor, vendor or salesperson,
or visitor shall be required to inform the department head of the hazards of
chemicals which they may be delivering or using while on campus. This request
shall be made part of the bidding process for those providing services or
performing construction for the University. Trade secrets will be protected
but the appropriate health hazard and fire protection information must be
provided by the chemical manufacturer.
The fire chief having jurisdiction will be provided a copy of the work
place chemical list and the names and telephone numbers of representatives who
can be contacted for information during an emergency situation. The fire
chief shall be permitted to inspect the work place where hazardous chemicals
are used and the MSDA file will be made available to him upon request.
Approved signs will be placed on the outside of any building which contains
Class A and B explosives, poison gases, water-reactive flammable solids,
radioactive materials or any other hazardous chemicals in excess of fifty-five
(55) gallons or five hundred (500) pounds.
The provision of the law does not apply to pesticides as defined in the
Federal Insecticide, Fungicide and Rodenticide Act, although the Department of
Environmental Health and Safety will be provided with an annual inventory
listing of the Pesticides, Insecticides, Fungicides and Rodenticides used on
campus.
LABORATORIES AND HAZARDOUS CHEMICALS
The teaching, research and other laboratory facilities are considered as
the work place for many University employees and students. Therefore, such
facilities are not exempt from the rules and regulations of this law.
Employees working in laboratories will be provided appropriate training and
will have access to the chemical inventory listing, Material Safety Data
Sheets and the written program document. Students in laboratory classes of
the University shall have as part of their curriculum instruction orientation
to laboratory safety, including notification of the requirements of the
Hazardous Communication Right-to-Know Act.
RESPONSIBLE AUTHORITY
The responsibility for assessing the hazards of working with chemicals
and implementation of the appropriate protection principles rest with the
department head of the respective department. Any concerns of an employee
which is not satisfied after discussion with the unit head may be addressed by
contacting the University, Department of Environmental Health and Safety.
The responsible authority to coordinate, audit and determine compliance
of the University's program, either as individual units or campus wide, will
be the University, Department of Environmental Health and Safety.
HAZARD COMMUNICATION RIGHT-TO-KNOW
TRAINING PROGRAM
The Hazard Communication Right-to-Know Law requires the University of
Tennessee, Knoxville (UTK) to inform employees about the hazards of chemicals
and substances used in the laboratories, classrooms and various work places on
campus. This law applies to any chemicals known to be present in the
employee's work place which the employee may be exposed to under normal
conditions of use or in a foreseeable emergency. Transmittal of information
is to be accomplished by means of a comprehensive hazardous chemical
communication program, which will include container labeling, inventory of
work place chemicals, provision of Material Safety Data Sheets (MSDS) and
employee training. Employees working with hazardous chemicals will be
provided an educational and training program in the safe use and handling of
hazardous chemicals. A new employee assigned to work with hazardous chemicals
will be provided training prior to working in the area. The training will be
provided either during the employees orientation, on the job by his supervisor
or by personnel from the Department of Environmental Health and Safety. The
training program will include procedures to be followed in case of emergency.
Training will be both general for campus wide and specific for the employee's
work place.
The inventory list of the chemicals used in the work place and the MSDS
will be used to provide the specific training to the employees of the various
departments.
After the initial training of employees, an annual refresher training
program will be provided. Training records and dates will be kept on each
employee receiving the training. A signed statement by the employee that he
or she has attended and received the appropriate Hazard Communication Right-
To-Know training will be maintained within his or her departmental files and
also a copy filed with the Department of Environmental Health and Safety.
Specific training for non-routine tasks will be dictated by the situation
and evaluated thoroughly in accordance with past experience and knowledge of
that situation.
AVAILABILITY OF MATERIAL SAFETY DATA SHEETS
The policy of The University of Tennessee, Knoxville (UTK) is to strive
to maintain a comprehensive master file of the Material Safety Data Sheets at
the Department of Environmental Health and Safety. The MSDS will be made
available upon request during normal working hours, 8:00 am to 5:00 pm, M-F,
by calling 974-5084. During emergency situations and at times other than
normal working hours, individuals should contact the University Police
Department at 974-3111 who will have available a current listing of
individuals and organizations capable of providing emergency management
assistance and information.
MATERIAL SAFETY DATA SHEETS
The Material Safety Data Sheets are designed to provide information concerning the physical and health hazards of chemicals found in the work place. The training program concerns the Material Safety Data Sheets will include the following topics:
I. Identify
A. Chemical Name
B. Common or Trade Names
C. Chemical Formula
D. Chemical Abstract Service Number - CAS
E. Chemical Composition
II. Physical Data
A. Boiling Point Temperature
B. Freezing Point Temperature
C. pH
D. Vapor Pressure
E. Specific Gravity
F. Molecular Weight
G. Density
H. Solubility in H2O
I. Odor
J. Color
K. Volatile Components
III. Fire and Explosive Data
A. Flash Point
B. Auto-Ignition Temperature
C. Flammability Limits in Air
1. Upper
2. Lower
D. Extinguishing Media
IV. Reactivity Data
A. Stability
B. Incompatibility (Materials to Avoid)
C. Hazardous Decomposition Products
V. Health Hazard Data
A. Threshold Limit Value (TLV)
B. Exposure Effect
C. Emergency and First Aid Procedures
VI. Spill, Leak and Disposal Procedure
A. Steps to be Taken in Case Material
B. Waste Disposal Method
VII. Special Protection Information
A. Respiratory Protection
B. Ventilation
C. Protective Gloves
D. Eye Protection
Special Precautions and Comments
End of University of Tennessee Right-To-Know statement.