Tammy,

 

I assume that you know this, but I'm posting this clarification so that others are not confused. When you say Arkansas is a "non-OSHA" state, you mean that OSHA rules do not apply to public sector employers in Arkansas. OSHA rules do apply to all private sector employers in Arkansas and indeed, nationwide. And in many states, OSHA rules do apply to public sector employers.

 

Another source of confusion is that 25 states run their own OSHA programs (some only for public sector employees), whereas Federal OSHA enforces the law in the other states. This is a helpful list: https://safety.blr.com/workplace-safety-news/safety-administration/OSHA-Occupational-Safety-and-Health-Administration/Federal-vs.-state-OSHA-Do-you-understand-the-diffe/

 

In my experience, some state OSHA programs poorly enforce the rules. Even when public sector employees are covered, some state OSHA programs poorly enforce the rules for public sector employees.

 

Many people on this list are associated with public universities. At many public universities in the U.S., OSHA is either not applicable or not enforced. For example, many public universities are not required to have a Chemical Hygiene Plans or comply OSHA standards for exposures, fall protection, machine guarding, etc. And while I am at it, note also that many states statutorily limit liability for public employers, so safety professionals at those public universities lose the ability to argue for safety improvements based on compliance or liability; there are administrators who only care about those things. Off my soapbox!

 

Pete Reinhardt, Yale EHS

203-737-2123

 

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of ILPI Support
Sent: Tuesday, September 04, 2018 7:39 PM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] SDS criteria in a Non-OSHA state

 

I have summaries of the "ready access" requirement and electronic access here:

 

            http://www.ilpi.com/msds/faq/partd.html#readyaccess

 

            http://www.ilpi.com/msds/faq/partd.html#paperless 

 

As you can see, a web link alone is NOT acceptable, because you can not guarantee Internet connectivity in an emergency situation. There needs to be a backup.

 

OSHA constitutes minimum best practices, so no, it really is not up for interpretation because you would presumably be hit over the head with it in litigation if you didn't follow it.

 

Rob Toreki

 

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