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Approved by Executive Council on December 17, 2013
Provide campus direction for: establishment of advisory Chemical Hygiene and Safety Committees [§29 CFR 1910.1459 (e)(3)(vii)]; creation and maintenance of Chemical Hygiene Plans [§29 CFR 1910.1450(e)(1)]; creation of a process for appointment of a Chemical Hygiene Officer [§29 CFR 1910.1459 (e)(3)(vii)] as described in the Occupational Safety and Health Administration regulations (See Appendix A).
2.0 Revision History
3.0 Units and Persons Affected
All employees of SUNY Plattsburgh in laboratory situations where risks from hazardous chemicals exists or risks exist from physical dangers. Risks are as defined in §29 CFR 1910.1450 (b) and §29 CFR 1910.1200 of the Hazard Communication Standard.
SUNY Plattsburgh will nurture “a culture of safety consciousness, accountability, organization, and education” in activities where hazardous chemicals are found [§29 CFR 1910.1450 Appendix A] and will also nurture the same for situations where hazards exist.
5.1 Chemical Hygiene Officer (CHO)
5.1.1 Characteristics of the CHO
5.2 Chemical Hygiene Plans
5.3 Chemical Hygiene and Safety Committees
5.3.1 CH&SC Characteristics and Mandates
5.3.2 Laboratory CH&SC
5.3.3 Arts, Studio, and Theater CH&SC
5.3.4 Facilities CH&SC
5.4 Record Keeping
5.1 Chemical Hygiene Officer: The President, .or his designee, shall appoint a Chemical Hygiene Officer (CHO) as described §29 CFR 1910.1450(e)(3)(vii). The CHO will fulfill the duties as described in §29 CFR 1910.1450 (e).
5.1.1 Characteristics of the CHO: The CHO shall have a certification appropriate to the duties of the position.
22.214.171.124 Appropriateness of the certification is to be determined by the Office of Environmental Health and Safety (EH&S) in conjunction with the appropriate Vice Presidents and Provost.
5.2 Chemical Hygiene Plans (CHP):
5.2.1 The CHO, in conjunction with EH&S, will work with the various units of the College to develop chemical hygiene plans that comply with federal statute and that are approved by EH&S.
5.2.2 The chair of each Chemical Hygiene and Safety Committee (CH&SC: see section 5.3) in conjunction with the CHO and EH&S, will develop educational plans for all staff and faculty covering the implementation and precepts of the CHP’s.
126.96.36.199 The CHP educational plans must be demonstrably effective in ensuring safe handling of hazardous chemicals in laboratories, art studio or museum spaces, theaters, and all other spaces where chemicals are handled by employees.
188.8.131.52 Education and training in the directives of the CHP must take place on: initial appointment; when hazards of activities significantly change; and/or once a calendar year.
5.2.3 The chairs of the CH&SC’s, in conjunction with the CHO and EH&S, are responsible for vetting the CHP’s developed or changes to them
5.2.4 Changing the CHP’s shall be based on the feedback from the employees working in the area covered by the CHP; developments in best safety practices; assessment data, and, changes in applicable legislation and/or regulations.
5.3 Chemical Hygiene and Safety Committees (CH&SC): The President, .or his designee, shall appoint CH&SC’s that satisfy §29 CFR 1910.1450(e)(3)(vii).
5.3.1 The number of CH&SC’s created shall coincide with administrative areas having similar chemical hygiene and safety issues. At a minimum, this number would be three: scientific laboratory areas; studios and theater spaces for the visual and performing arts; and facilities.
184.108.40.206 CH&SC Characteristics and Mandates:
220.127.116.11.1 Each committee will have as its mandate, responsibility to make recommendations: 1) on the content, implementation and effectiveness of CHP’s; and 2) on the appropriate safety rules, regulations and the implementation and effectiveness of the same, for the administrative areas under its purview.
18.104.22.168.2 The chair of each committee shall keep copies of all CH&SC records or reports, and submit copies of them to the Provost, Vice President of Administration, EH&S, the Deans as appropriate, supervisors, the members of their CH&SC as well as the chairs/supervisors of the administrative areas covered by the CH&SC.
22.214.171.124.3 By May 31 of each year, the CH&SC shall report on the CHP’s effectiveness, and make recommend for revisions to make it more effective. The report shall include: an executive summary; description of the assessment efforts of the CHP and the associated education program; the results of the assessment; and, recommendations for improvements to the CHP to maintain compliance and to make the educational plan more effective.
126.96.36.199.3.1 The report is to be submitted to the President, Provost, Vice President for Administration, the Chair of the Internal Audit and Control Committee, the EH&S, CHO, Deans and the supervisors of the administrative units covered by the CHP.
188.8.131.52.3.2 Implementation of the recommendations will be the responsibility of the chairs of the CH&SC’s in conjunction with the CHO and EH&S.
5.3.2 Laboratory CH&SC: The committee shall include at a minimum: the designated CHO, appropriate members of EH&S, at least one representative from each department working with hazardous chemicals in laboratory settings, and any additional individuals deemed by the Provost to have import for the achievement of Committee’s responsibilities.
184.108.40.206 The Laboratory CH&SC is to be chaired by the CHO
5.3.3 Arts, Studio and Theater CH&SC: The committee shall include at a minimum: the designated CHO, appropriate members of EH&S, at least one representative from each department working with hazardous chemicals in laboratory settings, and any additional individuals deemed by the Provost to have import for the achievement of Committee’s responsibilities.
220.127.116.11 The Arts, Studio and Theater CH&SC is to be chaired by an individual jointly designated by the Provost and Vice President for Business Affairs.
5.3.4 Facilities CH&SC: The committee shall include at a minimum: the designated CHO, appropriate members of EH&S, at least one representative from each department working with hazardous chemicals in the administrative areas, and any additional individuals deemed by the Vice President for Business Affairs to have import for the achievement of Committee’s responsibilities.
18.104.22.168 The Facilities CH&SC is to be chaired by an individual jointly designated by the Vice President for Business Affairs.
5.4 Record Keeping: The President or his designee shall identify an official office(s) for maintenance of records of all correspondence involving changes to the CHPs; inspections for CHP and safety compliance; training of employees; minutes of the CH&SC meetings; and, notifications and remediation of lapses in the adherence to the CHP.
5.4.1 The CHO, and chairs of the CH&SC Committees shall copy all documents and communications regarding compliance with this policy to the designated office.
5.4.2 If any of the record keeping required under this policy is outsourced, then the designated office for record keeping shall assure that the vendor maintains complete records, records are adequately security, and are available on request.
5.4.3 Records must be readily available to any inspection officer who requests to see the documentation relating to compliance with this policy.
5.5 Inspections: The CHO, in collaboration with the EH&S, will develop a process for regular quarterly inspections of all areas covered by CHP’s.
5.5.1 The CHO, in conjunction with EH&S, will develop a form covering the items to be reviewed on each inspection and share that form with all staff and faculty working in the areas covered by the CHP’s.
5.5.2 The CHO, in conjunction with EH&S, is responsible for leading the quarterly inspections of areas covered by the CHP’s.
5.5.3 The CHO, in conjunction with EH&S, can invite other faculty, students, and staff to participate in the inspections.
5.5.4 The CHO and EH&S staff will have access to any and all areas covered by the CHP’s at all times.
5.5.5 The CHO, in conjunction with EH&S, will communicate with office of Emergency Management as appropriate to effectively communicate and collaborate on issues of campus safety.
5.6 Accountability: The CHO, in conjunction with EH&S, will report lapses of adherence to the CHP to the appropriate supervisor of an administrative area in a time appropriate to the level of hazard presented by the lapse but no later than one week past the inspection date.
5.6.1 If the lapse of adherence to the CHP is severe enough, and imminent danger of injury exists, the CHO or EH&S staff
7.0 Appendix A: Occupational Exposure to Hazardous Chemicals in Laboratories
Scope and application.
This section shall apply to all employers engaged in the laboratory use of hazardous chemicals as defined below.
Where this section applies, it shall supersede, for laboratories, the requirements of all other OSHA health standards in 29 CFR part 1910, subpart Z, except as follows:
For any OSHA health standard, only the requirement to limit employee exposure to the specific permissible exposure limit shall apply for laboratories, unless that particular standard states otherwise or unless the conditions of paragraph (a)(2)(iii) of this section apply.
Prohibition of eye and skin contact where specified by any OSHA health standard shall be observed.
Where the action level (or in the absence of an action level, the permissible exposure limit) is routinely exceeded for an OSHA regulated substance with exposure monitoring and medical surveillance requirements paragraphs (d) and (g)(1)(ii) of this section shall apply.
This section shall not apply to:
Uses of hazardous chemicals which do not meet the definition of laboratory use, and in such cases, the employer shall comply with the relevant standard in 29 CFR part 1910, subpart Z, even if such use occurs in a laboratory.
Laboratory uses of hazardous chemicals which provide no potential for employee exposure. Examples of such conditions might include:
Procedures using chemically-impregnated test media such as Dip-and-Read tests where a reagent strip is dipped into the specimen to be tested and the results are interpreted by comparing the color reaction to a color chart supplied by the manufacturer of the test strip; and
Commercially prepared kits such as those used in performing pregnancy tests in which all of the reagents needed to conduct the test are contained in the kit.
Permissible exposure limits. For laboratory uses of OSHA regulated substances, the employer shall assure that laboratory employees' exposures to such substances do not exceed the permissible exposure limits specified in 29 CFR part 1910, subpart Z.
Employee exposure determination --
Initial monitoring. The employer shall measure the employee's exposure to any substance regulated by a standard which requires monitoring if there is reason to believe that exposure levels for that substance routinely exceed the action level (or in the absence of an action level, the PEL).
Periodic monitoring. If the initial monitoring prescribed by paragraph (d)(1) of this section discloses employee exposure over the action level (or in the absence of an action level, the PEL), the employer shall immediately comply with the exposure monitoring provisions of the relevant standard.
Termination of monitoring. Monitoring may be terminated in accordance with the relevant standard.
Employee notification of monitoring results. The employer shall, within 15 working days after the receipt of any monitoring results, notify the employee of these results in writing either individually or by posting results in an appropriate location that is accessible to employees.
Chemical hygiene plan -- General. (Appendix A of this section is non-mandatory but provides guidance to assist employers in the development of the Chemical Hygiene Plan).
Where hazardous chemicals as defined by this standard are used in the workplace, the employer shall develop and carry out the provisions of a written Chemical Hygiene Plan which is:
Capable of protecting employees from health hazards associated with hazardous chemicals in that laboratory and
Capable of keeping exposures below the limits specified in paragraph (c) of this section.
The Chemical Hygiene Plan shall be readily available to employees, employee representatives and, upon request, to the Assistant Secretary.
The Chemical Hygiene Plan shall include each of the following elements and shall indicate specific measures that the employer will take to ensure laboratory employee protection;
Standard operating procedures relevant to safety and health considerations to be followed when laboratory work involves the use of hazardous chemicals;
Criteria that the employer will use to determine and implement control measures to reduce employee exposure to hazardous chemicals including engineering controls, the use of personal protective equipment and hygiene practices; particular attention shall be given to the selection of control measures for chemicals that are known to be extremely hazardous;
A requirement that fume hoods and other protective equipment are functioning properly and specific measures that shall be taken to ensure proper and adequate performance of such equipment;
Provisions for employee information and training as prescribed in paragraph (f) of this section;
The circumstances under which a particular laboratory operation, procedure or activity shall require prior approval from the employer or the employer's designee before implementation;
Provisions for medical consultation and medical examinations in accordance with paragraph (g) of this section;
Designation of personnel responsible for implementation of the Chemical Hygiene Plan including the assignment of a Chemical Hygiene Officer, and, if appropriate, establishment of a Chemical Hygiene Committee; and
Provisions for additional employee protection for work with particularly hazardous substances. These include "select carcinogens," reproductive toxins and substances which have a high degree of acute toxicity. Specific consideration shall be given to the following provisions which shall be included where appropriate:
Establishment of a designated area;
Use of containment devices such as fume hoods or glove boxes;
Procedures for safe removal of contaminated waste; and
The employer shall review and evaluate the effectiveness of the Chemical Hygiene Plan at least annually and update it as necessary.
Employee information and training.
The employer shall provide employees with information and training to ensure that they are apprised of the hazards of chemicals present in their work area.
Such information shall be provided at the time of an employee's initial assignment to a work area where hazardous chemicals are present and prior to assignments involving new exposure situations. The frequency of refresher information and training shall be determined by the employer.
Information. Employees shall be informed of:
The contents of this standard and its appendices which shall be made available to employees;
the location and availability of the employer's Chemical Hygiene Plan;
The permissible exposure limits for OSHA regulated substances or recommended exposure limits for other hazardous chemicals where there is no applicable OSHA standard;
Signs and symptoms associated with exposures to hazardous chemicals used in the laboratory; and
The location and availability of known reference material on the hazards, safe handling, storage and disposal of hazardous chemicals found in the laboratory including, but not limited to, safety data sheets received from the chemical supplier.
Employee training shall include:
Methods and observations that may be used to detect the presence or release of a hazardous chemical (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);
The physical and health hazards of chemicals in the work area; and
The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.
The employee shall be trained on the applicable details of the employer's written Chemical Hygiene Plan.
Medical consultation and medical examinations.
The employer shall provide all employees who work with hazardous chemicals an opportunity to receive medical attention, including any follow-up examinations which the examining physician determines to be necessary, under the following circumstances:
Whenever an employee develops signs or symptoms associated with a hazardous chemical to which the employee may have been exposed in the laboratory, the employee shall be provided an opportunity to receive an appropriate medical examination.
Where exposure monitoring reveals an exposure level routinely above the action level (or in the absence of an action level, the PEL) for an OSHA regulated substance for which there are exposure monitoring and medical surveillance requirements, medical surveillance shall be established for the affected employee as prescribed by the particular standard.
Whenever an event takes place in the work area such as a spill, leak, explosion or other occurrence resulting in the likelihood of a hazardous exposure, the affected employee shall be provided an opportunity for a medical consultation. Such consultation shall be for the purpose of determining the need for a medical examination.
All medical examinations and consultations shall be performed by or under the direct supervision of a licensed physician and shall be provided without cost to the employee, without loss of pay and at a reasonable time and place.
Information provided to the physician. The employer shall provide the following information to the physician:
The identity of the hazardous chemical(s) to which the employee may have been exposed;
A description of the conditions under which the exposure occurred including quantitative exposure data, if available; and
A description of the signs and symptoms of exposure that the employee is experiencing, if any.
Physician's written opinion.
For examination or consultation required under this standard, the employer shall obtain a written opinion from the examining physician which shall include the following:
Any recommendation for further medical follow-up;
The results of the medical examination and any associated tests;
Any medical condition which may be revealed in the course of the examination which may place the employee at increased risk as a result of exposure to a hazardous workplace; and
A statement that the employee has been informed by the physician of the results of the consultation or medical examination and any medical condition that may require further examination or treatment.
The written opinion shall not reveal specific findings of diagnoses unrelated to occupational exposure.
With respect to labels and safety data sheets:
Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced.
Employers shall maintain any safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees.
The following provisions shall apply to chemical substances developed in the laboratory:
If the composition of the chemical substance which is produced exclusively for the laboratory's use is known, the employer shall determine if it is a hazardous chemical as defined in paragraph (b) of this section. If the chemical is determined to be hazardous, the employer shall provide appropriate training as required under paragraph (f) of this section.
If the chemical produced is a byproduct whose composition is not known, the employer shall assume that the substance is hazardous and shall implement paragraph (e) of this section.
If the chemical substance is produced for another user outside of the laboratory, the employer shall comply with the Hazard Communication Standard (29 CFR 1910.1200) including the requirements for preparation of safety data sheets and labeling.
Use of respirators. Where the use of respirators is necessary to maintain exposure below permissible exposure limits, the employer shall provide, at no cost to the employee, the proper respiratory equipment. Respirators shall be selected and used in accordance with the requirements of 29 CFR 1910.134.
The employer shall establish and maintain for each employee an accurate record of any measurements taken to monitor employee exposures and any medical consultation and examinations including tests or written opinions required by this standard.
The employer shall assure that such records are kept, transferred, and made available in accordance with 29 CFR 1910.1020.
Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligations not otherwise imposed or to detract from any existing obligation.
[55 FR 3327, Jan. 31, 1990; 55 FR 7967, March, 6, 1990; 55 FR 12777, March 30, 1990; 61 FR 5507, Feb. 13, 1996; 71 FR 16674, April 3, 2006; 77 FR 17887, March 26, 2012]
For more information about Administrative Policies approved by Executive Council, please contact:
Sean Brian Dermody
Assistant to the Vice President for Administration
Management Services Office
Office: Kehoe 710-11
Phone: (518) 564-2539
Fax: (518) 564-2540