ERTK EMPLOYEE RIGHT-TO-KNOW

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1 ERTK EMPLOYEE RIGHT-TO-KNOW February 2015

2 CONTENTS Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Introduction Purpose Roles and Responsibilities Inventory of Hazardous Materials and Substances Material Safety Data Sheets Labeling System Hazard Reduction Harmful Physical Agents Infectious Agents Section 10: Training Section 11: Training Records Section 12: Non Routine Tasks Involving Hazardous Materials Section 13: Notification to Outside Contractors or Other Employers Section 14: Right to Refuse Work ERTK WRITTEN PROGRAM February 2015 Page 2 of 9

3 Section 1: Introduction The Employee Right-to-Know Act was passed by the Minnesota Legislature in 1983 and is intended to ensure employees are aware of the dangers associated with hazardous substances, harmful physical agents, or infectious agents they may be exposed to in their workplaces. The Employee Right-to-Know Act applies to all employers in Minnesota with the exception of federal agencies. To comply with the Employee Right-to-Know (ERTK) standard, employers must identify the hazardous substances, harmful physical agents, and infectious agents that are present in the workplace and provide information and training to employees who are routinely exposed to those substances or agents. A written ERTK program is required. Section 2: Purpose The purpose of NHED s ERTK Program is to protect employees at all NHED campuses from overexposure to hazardous substances, harmful physical agents, or infectious agents. This is done by providing them with knowledge of their job hazards so they can protect themselves and understand what protective measures are required. Section 3: Roles and Responsibilities Specific responsibilities for carrying out this program are identified by position below. NHED Safety Administrator: Ensure annual review and necessary updates to Employee Right-to-Know Program Ensure employees receive ERTK training Campus Safety Officers: Review ERTK written program annually Provost, Deans, Directors, Safety Officers: Supports the overall Employee Right-to-Know Program Department Heads, Program Leaders, or Supervisors: Oversee the Employee Right-to-Know program. Oversee employee training. Communicate product or process hazards to employees. Develop and maintain the hazard inventory. Obtain current Material Safety Data Sheets (MSDS/SDS) for each hazardous substance and make them available to employees. Ensure employees are trained on the hazards to which they may be exposed. Evaluate the need for hazardous products or processes and seek safer alternatives. Ensure applicable warning labels are in place for hazardous substances, harmful physical agents, and infectious agents. ERTK WRITTEN PROGRAM February 2015 Page 3 of 9

4 Maintain MSDS(SDS) on products no longer in use for a minimum of 30 years. Employees Learn about the hazards and safe operating procedures for the job Follow safe practices Communicate when changes to job tasks involved with hazardous materials occur Label chemicals in accordance with labeling requirements Section 4: Inventory of Hazardous Materials and Substances An inventory of hazardous substances in each Department/Area at each NHED campus has been developed and is maintained by the Department Head or Supervisor. The inventory will be updated upon receipt of any hazardous material not previously used. NHED Programs/Areas that require chemical inventories and Material Safety Data Sheets (MSDS/SDS) include but are not limited to: 1. Art 14. Industrial Mechanical Technology 2. Automotive Mechanic 15. Industrial Systems Technology 3. Biology 16. Industrial Technology 4. Buildings and Maintenance 17. Iron Range Engineering 5. Carpentry 18. Law Enforcement 6. Chemistry 19. Medical Lab Technician 7. Dental Assistant 20. Natural Resources 8. Diesel Mechanic 21. Nursing 9. Electrical Maintenance 22. Pharmacy Technician 10. Engineering 23. Taxidermy 11. Graphic Design 24. Welding 12. Heating and Cooling Technology Industrial Maintenance 26. Note: OSHA modified the Hazard Communication Standard in 2012 to adopt the Globally Harmonized System of Classification and Labeling of Chemicals. This resulted in the replacement of the Material Safety Data Sheet (MSDS) with a standardized 16 section Safety Data Sheet (SDS). NHED is required to update current MSDS with a SDS by June 1, Section 5: Material Safety Data Sheets (MSDS) Department heads or supervisors obtain and maintain Material Safety Data Sheets (MSDS/SDS) for each hazardous substance used by employees at work. The MSDS/SDS may be available online, in binders, or on memory storage devices such as a CD. Beginning on January 1, 2014 employees will begin to request Safety Data Sheets (SDS) to replace the current MSDS to meet the requirements of the Globally Harmonized System of Classification and Labeling of Chemicals. ERTK WRITTEN PROGRAM February 2015 Page 4 of 9

5 Master Lists of material safety data sheets for all substances have been prepared and are maintained by the appropriate department head or supervisor. The lists are updated annually to include new products and remove substances no longer in use. MSDS removed are dated and maintained in a file for a minimum of 30 years. The degree of hazard from new products or processes is reviewed by the Department Head or Supervisor before the product or process is put into use. MSDS/SDS for new products are made available in the area the product is being used. MSDS/SDS will be available for chemical hazards for any substance which has been shown to cause harmful health effects in laboratory studies or field experience. Examples include: 1. Specific products that contain any hazardous ingredient present in amounts above 1% (or 0.1% for carcinogens) such as paint or parts cleaners. 2. Solid materials which are worked on or broken down in a specific process such as welding rods and dusts from grinding. 3. Processes which produce hazardous fumes, mists, vapors, gases, or dusts such as those from operating diesel or gasoline equipment and cleaners. Section 6: Labeling System Methods to properly label hazardous substances, harmful physical agents, and infectious agents are utilized at NHED campuses. Each hazardous chemical is properly labeled so that employees can readily identify what the substances are and what protective measures are needed. This includes both the original container and Secondary Containers that employees transfer chemicals into. The minimum labeling requirements include: 1. Product Name (e.g. WD-40) 2. Manufacturer s name, if applicable 3. Appropriate hazard warnings (e.g. Flammable, May Cause Breathing Problems if Inhaled) Manufacturers labels, if adequate, will be left on the substance container and will not be covered or defaced in any way. New labels may be applied to original containers when manufacturer labels are defaced and unreadable. Material Safety Data Sheets are used to ensure that the necessary information is included on the replacement label. The department head or supervisor ensures that secondary containers are compatible with the materials to be contained and that they are properly labeled. NHED program areas that use secondary containers will comply with GHS labeling requirements. ERTK WRITTEN PROGRAM February 2015 Page 5 of 9

6 Section 7: Hazard Reduction Whenever feasible, less hazardous products or processes are used in place of more hazardous products or processes. The department head or supervisor is consulted whenever the use of any new product or process is considered. The cost of protective measures and disposal is factored into the cost of the new product when evaluating its cost-effectiveness. Section 8: Harmful Physical Agents Physical hazards that are covered under MNOSHA include heat, noise, ionizing radiation, and nonionizing radiation. Areas where employees may be exposed to these hazards include: 1. Heat: Boiler rooms, employees who routinely work outside 2. Ultraviolet radiation: Employees who routinely work outside or perform welding as part of their job duties. 3. Noise: Employees who routinely work with lawnmowers, snow removal equipment, power tools, compressed air, etc. 4. Cold Employees exposed to cold weather or grounds employees clearing snow, ice in winter months, etc. 5. Asbestos/Lead Employees that routinely change firing range filters or range cleanup and work in areas containing asbestos. Sampling is conducted in areas suspected of exposing employees to physical hazards. Records of sampling are maintained. Section 9: Infectious Agents NHED has employees at each campus that may be exposed to blood or other body fluids as a part of their job duties and has implemented an Exposure Control Plan as required in OSHA regulation 29 CFR for blood borne pathogens. NHED s Exposure Control Plan is documented in the NHED Bloodborne Pathogens Written Program. Section 10: Training Employees who are routinely exposed to hazardous substances, harmful physical agents, or infectious agents, including student workers, will be trained on the hazards of the substances and agents they work with before they are exposed and then on an annual basis to ensure that they retain the information. The Campus Safety Officer and the department head or supervisor is responsible to ensure that employees receive ERTK training and that the training is provided by qualified trainers. This includes training on new hazards. ERTK WRITTEN PROGRAM February 2015 Page 6 of 9

7 Training topics on Hazardous Substances include: 1. An overview of the Employee Right-to-Know Standard 2. Location of the NHED ERTK Written Program 3. Chemicals present in the work area and over exposure level, if known 4. Safe use of the chemicals in the workplace 5. Where to go for information including MSDS/SDS, product labels, manufacturers or vendors, and the Campus Safety Officer. 6. Effects of exposure 7. Emergency Procedures to follow if exposed 8. How to lessen or prevent exposure 9. Procedure to follow for leaks or spills Training topics on Harmful Physical Agents include: 1. Characteristics of the agent 2. Expected job hazards 3. The level, if know, at which exposure is restricted according to standards. 4. Chronic effects of overexposure 5. Symptoms of overexposure 6. Emergency procedures if overexposed Training topics on Infectious Agents include: 1. Symptoms of the infectious disease 2. Recognizing tasks that may involve exposure 3. Explanation of the Exposure Control Plan 4. Choosing the proper personal protective equipment 5. Cleanup procedures 6. Vaccination options 7. Emergency procedures if an exposure occurs At the discretion of the department head or supervisor, refresher training may be informal safety talks or a formal training session. Department heads or supervisors will train their employees on the hazards of new products or processes, before the product or process is used. Training may be informal or hands-on training. Section 11: Training Records Records of training are documented and retained for a minimum of 3 years. Training documentation includes: 1. Date and location of training 2. Names of employees attending and their signatures 3. Name and title of person conducting the training 4. Brief summary of material covered ERTK WRITTEN PROGRAM February 2015 Page 7 of 9

8 Section 12: Non Routine Tasks Involving Hazardous Materials All non-routine tasks involving exposure to hazardous materials or harmful physical agents are performed only after consultation with the supervisor or department head. The department head or supervisor reviews the task and materials or agents to be used or encountered and establishes safety and health measures to be implemented. If necessary, the Campus Safety Officer, NHED Safety Administrator, or an industrial hygienist will be contacted to provide technical expertise and assistance in establishing safe work practices and the proper use and type of personal protective equipment. Changes to the scope of work or the amount and/or kind of hazardous materials/agents encountered will be evaluated by the supervisor or department head. This may result in the curtailing of work until appropriate recommendations or plans are made. The NHED Safety Administrator, Campus Safety Officer, or an industrial hygienist may be contacted to assist in the evaluation and preparation of alternate plans. Section 13: Notification to Outside Contractors or Other Employers NHED campuses provide outside contractors or other employers of the following information: 1. The NHED ERTK Written Program is located on the NHED website and/or at campus safety centers. 2. The hazardous substances that they may come in contact with. 3. Where to obtain MSDS/SDS for the hazardous substances in the areas where work is being completed. 4. Whom to contact if questions arise. Campus employees that are involved with the purchase of and coordination of work completed by outside contractors or other employers provide this information. Section 14: Right to Refuse Work Under the Minnesota Employee Right to Know Act, employees have the right to refuse to work in conditions they believe may be imminently dangerous to their lives or health. Employees will not be punished in any way for any legitimate refusals to work because of dangerous conditions. If an employee believes conditions are imminently dangerous, the following procedure must be followed: 1. The employee notifies the department head or supervisor and asks that the problem be corrected. 2. Until the problem can be corrected, the department head or supervisor may assign the employee to another task. ERTK WRITTEN PROGRAM February 2015 Page 8 of 9

9 3. If the department head does not respond to the employee s complaint, the employee should notify the Campus Safety Officer. 4. If there is still no response, the employee must contact OSHA. OSHA will send out an investigator. If the investigator finds a serious problem does exist, the college will be required to correct it promptly and may not reduce the employee s time worked for any lost time because of the employee s refusal to work. ERTK WRITTEN PROGRAM February 2015 Page 9 of 9

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