Hazardous Chemical Information Policy

Purpose

The State of Delaware Hazardous Chemical Information Act, Title 16 Delaware Code, Chapter 14, requires employers to provide information regarding hazardous chemicals to employees and students who may be exposed to such chemicals in the work place, laboratory, classroom, etc. This policy and its accompanying procedures establish mechanisms to assure compliance with the Hazardous Chemical Information Act.

Effective Date

This policy shall be effective on July 1, 1985.

Responsibility

• Program coordination and audit functions shall be provided by the Department of Occupational Health & Safety.
• Responsibilities of departments, supervisors, and instructors are as designated in specific sections of the policy.
• Funds and other resources necessary for the implementation and administration of this policy in accordance with the Hazardous Chemical Information Act, the development of training materials, and other related activities shall be obtained and distributed by the Vice President for Government and Public Relations.

Hazardous Chemicals

A hazardous chemical shall mean any element, chemical compound or mixture of elements and/or compounds that is a physical hazard as defined by OSHA Standard in 29 CFR Section 1910.1200(c) or a hazardous substance as defined by the OSHA Standard in 29 CFR Section 1910.1200(d)(3).

Employees and Students

This policy applies to employees and students who may be exposed to hazardous chemicals in the course of employment, education, or research through any route of entry (inhalation, ingestion, skin contact or absorption, etc.) and includes potential (e.g., accidental or possible) exposure under normal operating conditions or foreseeable emergencies. Personnel are not included unless their job performance routinely involves potential exposure to hazardous chemicals.

Exemptions

This policy does not apply to:

• Any article that is formed to a specific shape or design during manufacturing and does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use;
• Products intended for human consumption;
• Retail and cafeteria food sale operations and all other retail trade operations, exclusive of processing and repair areas;
• Any food, food additive, color additive, drug or cosmetic, or distilled spirits, wines or malt beverages.

Notice to Employees

Departments shall post adequate notice, at locations where notices are normally posted, informing employees about their rights pursuant to the Hazardous Chemical Information Act. Notices will be provided by the Department of Occupational Health & Safety.

Material Safety Data Sheets

1. Material Safety Data Sheets (MSDS) are documents containing chemical hazard and safe handling information prepared in accordance with requirements of the OSHA Standard for such document.
2. The Department of Occupational Health & Safety shall serve as the central repository for all current MSDS's. Outdated MSDS's will not be archived. (Rev. 12/91)
3. The Purchasing Department shall request from chemical manufacturers and distributors an MSDS for each hazardous chemical purchased after January 1, 1985. For hazardous chemicals purchased on standing or blanket orders, the person responsible for administering the order shall request the MSDS. MSDS's shall be sent to:

   
   Occupational Health & Safety
   Wyoming Road, IEC Building
   Newark, Delaware 19716

4. If an MSDS has not been provided by the manufacturer or distributor for chemicals on the Work Place Chemical List at the time the chemicals are received at the work place, departments shall request one in writing from the manufacturer or distributor in a timely manner. See Work Place Chemical List section.
5. Departments shall request from chemical manufacturers and distributors a MSDS for each hazardous chemical on the Work Place Chemical List purchased before January 1, 1985 and still on inventory.
6. MSDS's shall be readily available, upon request, for review by employees or designated representatives and students.
7. Departments should maintain copies of MSDS's for review by employees or designated representatives and students.
8. Departments shall bear the responsibility for providing MSDS's for a hazardous chemical distributed or sold interdepartmentally or outside the University.
9. Employees or students who desire a copy of the MSDS's for hazardous chemicals to which they may be exposed should contact their supervisor, instructor, or the Department of Occupational Health & Safety, ext. 8475.

Labels

Existing labels on containers of hazardous chemicals shall not be defaced.

Work Place Chemical List

1. Departments shall compile and maintain a Work Place Chemical List that shall contain the following information for each hazardous chemical normally used or stored in the work place in excess of 55 gallons or 500 pounds.
   1. The chemical name or the common name used on the MSDS and/or container label; and
   2. The work area in which the hazardous chemical is normally stored or used.
2. The Work Place Chemical List shall be updated annually and more often if necessary.
3. The Work Place Chemical List may be prepared for a department as a whole or for each work area.
4. The Work Place Chemical List shall be readily available to employees and their representatives. New or newly assigned employees shall be made aware of the Work Place Chemical List before working with hazardous chemicals or before working in an area containing hazardous chemicals.
5. Copies of Work Place Chemical Lists shall be submitted to the Department of Occupational Health & Safety each year in December and whenever updated. (Rev. 12/91)
6. All department Work Place Chemical Lists are kept until the new year's list is submitted to the Department of Occupational Health and Safety. The departments are to discard the old year's list. The Department of Occupational Health and Safety submits all Work Place Chemical Lists and associated MSDS's to Archives for inactive storage in the records center for a period in accordance with state and/or federal regulations. (Rev. 12/91)

Emergency Information

1. Each year in July and whenever updated, departments shall provide the Safety Division with the name(s) and telephone number(s) of knowledgeable representative(s) who can be contacted in case of an emergency.
2. Upon request, emergency information, the Work Place Chemical List, and MSDS's shall be made available to the local Fire Chief.

Employee and Student Training Programs

1. At least weekly, the Appointments Processing Office and the Financial Aid Office shall submit to the Department of Occupational Health & Safety a list of names and assignments of new or newly assigned employees and work-study students.
2. Departments shall develop employee and student programs as appropriate to meet the training requirements of the Act.
3. Every department where any employee may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies shall provide, at least annually, an education program for employees using hazardous chemicals. Additional information shall be provided whenever the potential for exposure to hazardous chemicals is altered or whenever new and significant information is received by the department concerning the hazard of a chemical. New or newly assigned employees shall be provided training before working with hazardous chemicals or before working in an area containing hazardous chemicals. Training shall be the responsibility of the supervisory staff.
4. Undergraduate and graduate students registered in courses where they may be exposed to hazardous chemicals under normal operating conditions or foreseeable emergencies shall be provided training before working with hazardous chemicals or before working in an area containing hazardous chemicals. Training shall be the responsibility of the instructor. The use of hazardous material shall be directly supervised by a technically qualified individual.
5. Students assigned to research projects shall be trained in accordance with the requirements for employees.
6. The training program shall include the following information, as appropriate: the location of the hazardous chemicals; information on interpreting labels and Material Safety Data Sheets and the relationship between these two methods of hazard communication; an explanation of the acute and chronic effects of the chemicals and instruction on their safe handling, including necessary protective equipment to be used and appropriate first aid treatment; and general safety instructions on handling, clean up procedures, and disposal of hazardous chemicals. Generic training on classes of chemicalsmay be provided when numerous chemicals are involved.
7. Departments and individuals providing training shall keep a record of the dates of training sessions and the names of the employees and/or students attending. Copies of training records shall be submitted to the Department of Occupational Health and Safety within five working days of the training session.
8. The individual department retains their copies for the current year plus one additional year. Department copies are destroyed after two years. It is the responsibility of the Department of Occupational Health and Safety to transfer out-of-date training certificates to Archives for inactive storage in the records center for at least 30 years. (Rev. 12/91)

Rights of Employees and Students

1. Employees and students shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the employee or student who performs the transfer.
2. Students working with unknowns shall not be denied access to MSDS's. However, the chemical name and formula or other proprietary information may be deleted.
3. Employees and students who may be exposed to hazardous chemicals shall be informed of such exposures and shall have access to the Work Place Chemical List and Material Safety Data Sheets for the hazardous chemicals. In addition, employees and students shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards.
4. Departments shall provide, at no expense to employees, appropriate personal protective equipment to protect employees from exposures to hazardous chemicals. Students may be required to purchase routine personal protective equipment (e.g., eye protection, lab coats, etc.); however, departments shall provide specialized personal protective equipment (e.g., respirator, face protection, gloves, barrier creams, etc.).
5. No department shall discharge, cause to be discharged, discipline, or in any manner discriminate against an employee or student who on his or her own behalf or on the behalf of others
   • has filed a complaint,
   • has assisted an inspector of the State of Delaware,
   • has instituted or caused to be instituted any proceeding under or related to the Hazardous Chemical Information Act,
   • has testified or is about to testify in any such proceeding or
   • has exercised any right afforded by the provision of the Act.

   Nor shall pay, position, seniority or other benefits be lost because of the exercise of any right provided by the Act.

Penalties

Departments found by the State to be in violation of the Hazardous Chemical Information Act will be given 14 days to comply. Departments not complying within 14 days following written notification of a violation are subject to civil penalties of not more than $500 per violation.

Additional Information and Assistance

Any person desiring additional information and assistance regarding this policy or the Hazardous Chemical Information Act should contact the Department of Occupational Health & Safety, ext. 8475.