DCHAS-L Discussion List Archive
Date: Mon, 9 Aug 2010 17:18:03 -0400
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: ILPI <info**At_Symbol_Here**ILPI.COM>
Subject: Re: pregnant student in chemistry lab
In-Reply-To: <B1331E0BABBF2F41ADBB549EF89EA74A033492391CA6**At_Symbol_Here**WITTFSVS.wittenberg.edu>
Many good common sense replies to all of this so far. Just thought
I'd chime in with one cautionary note for those of you in an employer-
employee relationship.
I am not an attorney. This is not legal advice. But it is my
understanding that it is **ILLEGAL** to exclude workers of one sex
from a job for the purpose of protecting fetuses. See:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETA
TIONS&p_id=20332
http://www.eeoc.gov/facts/fs-preg.html
The specific Supreme Court ruling that established this was Johnson
Control's attempted exclusion of all fertile females from jobs in its
workplace that exposed them to lead. Thus, if a woman wants to work
on a battery assembly line, she can not be prevented from doing so.
No word on whether she could then turn around and sue for a
teratogenic outcome...
One can make a reasonable argument, as we have already seen in this
thread, that appropriate workplace controls (substitution, engineering
controls etc.) can easily protect all workers.
Rob Toreki
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Safety Emporium - Lab & Safety Supplies featuring brand names
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On Aug 9, 2010, at 2:54 PM, David C. Finster wrote:
> I am aware that a student who will be taking a general chemistry
> course this fall is pregnant. I am writing to the list to seek
> advice about how to best handle this circumstance (assuming that one
> of the options - not taking the course - is not a preferred
option).
>
> (I have checked the D-CHAS archives, and other sources, and found no
> particularly helpful answers to this question. This is not really a
> CHP matter since the student is not an employee - although we
> ordinarly use our CHP as the safety document for students, too.)
>
> So far as I know (but I can check this to be certain) none of the
> chemicals used in our general chemistry labs are teratogens. Thus,
> my initial suggested course of action is that the student
> participate in all of the labs experiments (using all of the PPE at
> all times that is recommended for all students.) We rarely use
> chemical hoods in this particular course since most of the chemicals
> we use present no significant inhalation risk. (We use hoods when
> there is an inhalation risk.)
>
> If there is some chemical that is, or is suspected to be, a
> teratogen, I would advise the student to skip that lab (and have the
> instructor determine how to do this without any penalty to the
> student).
>
> The pathway suggested above seems reasonable and prudent to me.
> However, since we live in a world where the consideration of worst-
> case scenarios is wise and legally prudent, it seems to me that
> having the student consult with her physician (with a complete list
> of chemicals =93in hand=94) and having the physician and/or student
> =93sign off=94 on some reasonable statement in advance seems smart.
> Since I would not expect a physician to be familiar with the
> teratogenic effects of =93all chemicals=94, I would also present the
> physician with a detailed list of the known or suspected effects of
> each chemical (extracted from TOXNET) with regard to being handled
> while pregnant.
>
> The advice and experience of the D-CHAS group is welcome.
>
> Dave
>
>
> David C. Finster
> Professor of Chemistry
> University Chemical Hygiene Officer
> Department of Chemistry
> Wittenberg University
> dfinster**At_Symbol_Here**wittenberg.edu
>
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