From: Alan Hall <oldeddoc**At_Symbol_Here**GMAIL.COM>
Subject: Re: [DCHAS-L] liability and an impossible CHP
Date: Sat, 9 Nov 2019 17:32:38 -0600
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: CALDugab8a9mKTuw+_VkW627H4cTDxmmDy2AVcv5hXGYpFyey_w**At_Symbol_Here**
In-Reply-To <182169870.1284446.1573341754652**At_Symbol_Here**>

Et al,

Perhaps we should coordinate more with CSHEMA (Campus Safety, Health, and Environmental Management Association)? Any thoughts, D-CHAS group?

I've been impressed with some of their activities over the years.

Alan H. Hall, M.D.
Medical Toxicologist

On Sat, Nov 9, 2019 at 5:23 PM Roger McClellan <roger.o.mcclellan**At_Symbol_Here**> wrote:
I view this as another opportunity for you to have great impact. As a starting point I will assume you have a written contract. If not, I urge you to obtain one. I assume the client is a part of a state institution of higher education.. In your E-mail you refer to "state schools" a "university's website. Irrespective of who originated the contract with regard to "health, safety and environmental activities" that potentially impact on the public, student , staff and faculty )note the order) the responsibilities ultimately extend to the Institution's CEO and governing board.

It is not possible to narrowly restrict "health, safety and environmental" responsibilities to a individual organizational unit of the institution. This is the case because a failure of any student, staff member , faculty member , or administrator/ manager or member of the governing board to observe official or unofficial procedures and act in a prudent manner with regard to health , safety and environmental activities can potentially do harm to individuals and, ultimately, harm to the institution. Although faculty member who believe in a higher authority may think they report only and directly to that higher authority the real world operates with different rules. They need to check the name on the account that covers their compensation.

Thus, your responsibilities as a consultant ultimately extend to the senior most executive of the Institution and Governing Board. This needs to be made clear in both your verbal close out report and your written report. I would suggest you ask for the Institution's senior most official to attend your closeout or to ask for a separate closeout with that individual. That individual needs to understand the Institution is out of step with regard to contemporary practices with regard to health, safety and environmental activities. The art building planning project is just the tip of the ice berg. If they were wise they would broaden the terms of their engagement with you and ask you to oversee an effort to bring the Institution up to date with regard to health, safety and environmental activities. That plan should ultimately include a senior leader for HS and E that reports directly to the Institution's CEO.

As professional's we have responsibilities that require speaking out and not just accepting out dated practices

You appropriately note the UCLA fiasco. I am not convinced that all the necessary corrective actions have been taken.. I would also point out the recent upheaval at Boeing related to handling of health and safety issues. And today, I am still drying my tears over yet another tragic disfigurement of a young student because inappropriate teaching practices are allowed. I cringe when I see these tragedies identified as "experiments".

I think the members of the DCHAS need to JOIN with other professionals and other organizations and launch a major movement to re-energize HS and E activities that protect multiple parties. In my opinion, a major step forward will be to gain recognition that the authority and responsibility for HS and E activities must extend to all members of the organization and the ultimate responsibility rests with the senior most official of the organization and its governing Board. It is no longer acceptable to bury HS and E activities at a department or college level or comparable levels in non-academic entities.

Monona , good luck in broadening your assignment.

Roger O. McClellan
On Saturday, November 9, 2019, 2:35:37 PM MST, DCHAS Membership Chair <membership**At_Symbol_Here**> wrote:

From: Monona Rossol <actsnyc**At_Symbol_Here**>
Re: liability and an impossible CHP

Oh shoot. I have a problem again. Maybe some advice from you guys would help.

I have an art building planning job in one of those states in which OSHA does not cover the state schools. I went on the university's website and read all their EH&S stuff - which you can do in 40 minutes, since there is so little. They only have a Chemical Hygiene Plan and nothing at all for the art department.

The school has turned over safety to the individual professors in the mistaken belief that this takes the administration off the hook. That's what UCLA thought also until their Board of Regents was indicted for criminally negligent homicide.

That CHP is written so badly, it would be impossible even for trained chemists to comply, so my bet is nobody does anything. For example, the professors have the job of obtaining the SDSs and putting them in the binders. There is no inventory. And if they store or use mixtures of chemicals, the CHP requires the professor to write their own SDSs to cover the hazards of the mixture. I wouldn't even try that.

For another example, EH&S only has to supply the professors with containers for waste. It is the professors' job to determine which wastes require collection, write the EPA label, supervise waste collection, and call for a pick up. That takes knowledge of the EPA and local waste rules. So my guess it's just "Oops" and down the drain.

And the art department plans are calling for dozens of individual studios called "research studios" where they apparently can use any chemical or art material or equipment they take it into their heads to use and they have 24 hour access to these studios.

When I do my presentation for the art faculty I will try to make these points and the need for ventilation and limits on materials, but I don't have any real hope of making a dent after what I've seen and read.

I will write this report VERY carefully. There is a fine line between trying to do a good job for a client and, instead, aiding and abetting them. And I'm not sure where the "due diligence" and "failure to warn" boundaries are here But I need to try to find them. Any and all advice is welcome.


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