From: Ralph B. Stuart <rstuart**At_Symbol_Here**CORNELL.EDU>
Subject: Re: [DCHAS-L] Question about lab policy for "medical condition"
Date: Mon, 3 Mar 2014 13:17:08 +0000
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: 70e37fc4ac7c46e8a79750fd38d28db0**At_Symbol_Here**BY2PR04MB743.namprd04.prod.outlook.com
In-Reply-To <009b01cf36da$dde5a960$99b0fc20$**At_Symbol_Here**chm.uri.edu>


> Further, the institution should have documented that a physician (informed as to the materials to which the student might be exposed) was consulted by the student.

It should also document the practices it has in place to reduce the toxic concern, both in terms of why it selected the chemicals that are used as well as the management measures.

>If all of this is not enough to shield the institution from liability, what more could they do (remembering that the law compels it to accede to the student's choice)?

In my experience, it's not unusual for the law to put chemical users in the horns of a dilemma such as this. Documenting the process of meeting the expectations of prudent practices is a reasonable way of approaching this dilemma.

> I do not know what precedent this might set and have not seen bottles of such beverages recently enough to know if there are warning labels on them.

Depending on what state you're living, there are warning labels associated with either alcoholic beverages or the institutions (restaurants, etc.) that sell them.

- Ralph

Ralph Stuart CIH
Chemical Hygiene Officer
Department of Environmental Health and Safety
Cornell University

rstuart**At_Symbol_Here**cornell.edu

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