Date: Thu, 21 Jan 2010 14:06:41 -0500
Reply-To: rphifer**At_Symbol_Here**
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: Russ Phifer <rphifer**At_Symbol_Here**WCENVIRONMENTAL.COM>
Organization: WC Environmental, LLC
Subject: Re: OSHA Regulations, New York
In-Reply-To: <9375A4B942930D458099C4FB6E0874A840C0683136**At_Symbol_Here**>

I agree with Margaret that your best bet is the Lab Standard and your very own Chemical Hygiene Plan…. Check out your plan and see what it says.  The Chemical Hygiene Plan is your laboratory’s “official” policy on how hazardous materials are to be handled. If it doesn’t indicate unknowns or toxic/corrosive materials should only be used with appropriate PPE (or similar wording) you should get it changed.  I don’t think your employer is going to buy the General Duty Clause because it certainly isn’t specific to PPE.  The respiratory protection standard itself (1910.134) isn’t even specific enough to cover your situation.

You didn’t mention anything in any of your posts about the possibility of setting up your analytical equipment in a hood, which might provide appropriate protection. Is that not a possibility.


Russ Phifer

WC Environmental, LLC

1085C Andrew Drive

West Chester, PA  19380

610-696-9220x12/ fax 610-344-7519



P Please consider your environmental responsibility before printing this e-mail or any other document

-----Original Message-----
From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of Roszel, Margaret
Sent: Thursday, January 21, 2010 1:30 PM
To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Subject: Re: [DCHAS-L] OSHA Regulations, New York

I think the Laboratory Standard (29 CFR 1910.1450) would cover this. For unknown chemicals in the lab, the employer must determine if it is hazardous and if it is, must provide training to anyone who would be exposed to it. This training should include PPE to be used.

 There's also the General Duty Clause (Section 5 (a) (1) of the Occupational Safety and Health Act of 1970) that states,


"Each employer shall furnish to each of his employees      employment and a place of employment which is free from recognized hazards  that are causing or are likely to cause death or serious physical harm to his employees"

This is not a petty issue. Your safety is the most important thing. I personally would contact OSHA for guidance because it doesn't appear your employer has any regard for safety.

-----Original Message-----

From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**] On Behalf Of Andrew Gross

Sent: Thursday, January 21, 2010 1:04 PM

To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU

Subject: Re: [DCHAS-L] OSHA Regulations, New York

Hi Everyone,

Back to that unknown chemical that has been hauting me.  Well, I'm

still being pressured to continue the flash test with no protection.

I said no, someone used the word insubordination and today I offered

to cite osha regulations.  I would like to follow through with my


Anyone know the OSHA regulation that covers working with unknown

hazardous materials (corrosives with toxic effects on inhalation)

without proper ppe?  As I explained, to them, its a light molecule and

anything short of SCBA will be insufficient respirtory protection.

I would like to make it very clear that I am not going to get

injured/die for an analytical test that could be done much safer in a

properly equipped facility.   Nor do I want to hear about it anymore

and I won't allow one of my technicians to test it just because they

don't have the chemical background to understand the dangers..

Next step will be a call to OSHA if they don't get the hint.

Thanks in advance.


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