Date: Fri, 8 May 2009 19:05:25 +0000
Reply-To: roger.o.mcclellan**At_Symbol_Here**ATT.NET
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: roger.o.mcclellan**At_Symbol_Here**ATT.NET
Subject: Re: : Legal aspects of CalOSHA & UCLA/Change Focus
Comments: To: List Moderator
In-Reply-To: <69AA59B1-5395-4BF5-8495-726B4F6E253D**At_Symbol_Here**>
To all:
   An interesting question for the lawyers and courts to dec ide in this prospective legal case is whether the individual was a "student " or an employee or both.
   In any event, the issue that professionals in the fi eld should be focusing on is what can be done to minimize the occurrence of such situations in the future in either academic or other laboratories. Ho w adequate are the safety training programs for both students and employees in academic institutions? Are academic institutions providing appropriate training and safe working environments for students and employees to work i n academic laboratories? Are academic institutions providing adequate    safety training to students who will  enter the private se ctor work force? Many academic institutions allow students and employees ac cess to laboratories 24 hours/day, 7 days/week-- is this compatible with sa fe operations with potentially hazardous chemicals and operations. I would like to see more discussion of these critical issues with a view to improvi ng health and safety practices in all organizations.
    I suspect the legal issues will be worked out by th e lawyers and courts.
Roger O. McClellan
Advisor, Toxico logy and Human Health Risk Analysis
13701 Quaking Aspen Place NE
Al buquerque, NM 87111
Tel: 505-296-7083
Fax: 505-296-9573
E-mail: roger.o.mcclellan**At_Symbol_Here**
-------------- Original message from List Moderator <ecgr ants**At_Symbol_Here**UVM.EDU>: --------------

> From: Robert Alaimo
> Date: May 8, 2009 11:55:50 AM EDT (CA)
> Subje ct: Re: [DCHAS-L] UCLA Incident - OSHA Lab Standard
& gt; The OHSA LabStandard does apply to the "Laboratory Employees" of
&g t; colleges, not the students. This Lab was likely covered by the CalOHSA < BR>> equivalent of the Lab Standard.
> Bob Alaimo
&g t;
> ===
> From: "Ben Ruekberg"
> Date: May 8, 2009 11:46:21 AM EDT (CA)
> Subject: RE: [DCHAS-L] CalOSHA & UCLA
> Carl Zipfel's assessment aside, all too often "What the law does not
> require, logic will n ot inspire."
> ===
> From: "Debbie M. Decker"
> Date: May 8, 2009 1:02:39 PM EDT (CA)
&g t; To: chas list
> Subject: RE: [DCHAS-L] UCLA Incident - OSHA Lab Standard
> Cal/OSHA has incor porated the Federal Lab Standard, essentially word
> for word, into the California OSHA code. In the UCLA citation, the
> Lab Standard w as one of the regulations for which they were cited.
> Cali fornia also has the Injury and Illness Prevention Program,
> requiri ng employers to provide safety information to their employees,
> etc . etc. Many more workplaces are cited under IIPP than under the
> La b Standard. It=E2=80=99s frustrating that regulation isn=E2=80=99t used to
> better effect.
> Debbie
> ----------------- ---
> Debbie M. Decker, Campus Chemical Safety Officer
> Envi ronmental Health and Safety
> University of California, Davis
&g t; 1 Shields Ave.
> Davis, CA 95616
> (530)754-7964/(530)752- 4527 (FAX)
> dmdecker**At_Symbol_Here**
> Co-Conspirator to Make th e World A
> Better Place -- Visit and join the conspiracy
> ===
> From: kauletta**At_Symbol_Here**
> Date: May 8, 2009 11:15:52 AM EDT (CA)
> Subject: Re: [DCHAS-L] UCLA Incident - OSHA Lab Standard
> The fed O SHA regulations apply to private employers & federal
> workplace s. Our univ. is a state university, but most of our lab
> workers ar e paid not as state employees, but as "research foundation"
> employ ees. RF is a private entity & OSHA applies. We also have NYS
> P ESH to cover the state workers & PESH has adopted the fed regs.
> ;
> Kim Auletta
> Lab Safety Specialist
> EH&S Z =6200
> Stony Brook University
> kauletta**At_Symbol_Here** du
> 631-632-3032
> EH&S Web site: http://www.stonybrook. edu/ehs/lab/
> Remember to wash your hands!

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