Date: Thu, 21 Jan 2010 13:00:32 -0600
Reply-To: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: "Nail, John" <jnail**At_Symbol_Here**OKCU.EDU>
Subject: Re: OSHA Regulations, New York
In-Reply-To: <9375A4B942930D458099C4FB6E0874A840C0683136**At_Symbol_Here**>

If there is access to a properly ventilated lab, then the test presumably c
an be safely performed in a fume hood. From the information given, it appea
rs that the problem is that there isn't a lab; thus, the powers that be are
 asking for lab work to be performed without a proper lab.

Presumably, the Laboratory Standard would apply only if the work is to be p
erformed in a scientific laboratory. 

Is there access to a properly ventilated scientific laboratory?

-----Original Message-----
From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of Ro
szel, Margaret
Sent: Thursday, January 21, 2010 12:30 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 un
known 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. T
his training should include PPE to be used. 

 There's also the General Duty Clause (Section 5 (a) (1) of the Occupationa
l Safety and Health Act of 1970) that states, 
"Each employer shall furnish to each of his employees 	employment and a pla
ce 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 perso
nally would contact OSHA for guidance because it doesn't appear your employ
er has any regard for safety.

-----Original Message-----
From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**] On Behalf Of An
drew 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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