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DCHAS-L Archives ยท Post dated September 5, 2018

Re: [DCHAS-L] SDS criteria in a Non-OSHA state

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Author: Jenn Straumins <jyoung12**At_Symbol_Here**TRIAD.RR.COM>

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From: Monona Rossol <0000030664c37427-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU>

Subject: Re: [DCHAS-L] SDS criteria in a Non-OSHA state

Date: Sep 5, 2018 23:00 UTC

Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>

In-Reply-To:  

Demystify: 

Well said, Peter.  I'm in the process of turning down a building planning job at a one of the several Texas state school systems (not the University of Texas [UT] system which has adopted the fed OSHA rules voluntarily).  This job is at a system where there is only one written safety plan and training program and it is for their Department of Health Sciences.  All the other departments have one paragraph that tells everybody to make good decisions about safety and be careful --the end.  

if I take this job I will be trying to convince a faculty that has never seen an MSDS, much less an SDS, has never had any training to read such documents, has never seen proper ventilation systems, and so on.  They will not understand me and see me as unreasonable.  I can't be of any help or use to these people.  And I guarantee the building that is created there will be one that will look like art departments 50 years ago with the exception of some additional new hazardous equipment like water jet cutters and 3D printers.

Those 25 states that exempt their state and municipal employers from the federal OSHA rules are actually the basis for yet another way our nation is divided.  Take a look at the list of 25 states that have exempted their state and municipal employers from the fed OSHA, remove Massachusetts, Delaware, Rhode Island, and Illinois that have good state OSHAs, and the rest of those states are all red.

Monona Rossol, M.S., M.F.A., Industrial Hygienist
President:  Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
181 Thompson St., #23
New York, NY 10012     212-777-0062

 


-----Original Message-----
From: Reinhardt, Peter <peter.reinhardt**At_Symbol_Here**YALE.EDU>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Sent: Wed, Sep 5, 2018 9:24 am
Subject: Re: [DCHAS-L] SDS criteria in a Non-OSHA state

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:
 
 
 
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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