Orig. 1995
Revised: 2006
407 EMPLOYEE RIGHT TO KNOW — EXPOSURE TO HAZARDOUS SUBSTANCES
I. PURPOSE
The purpose of this policy is to provide school district employees a place
of employment and conditions of employment free from recognized hazards
that are likely to cause death or serious injury or harm. (Minn. Stat. § 182.653,
Subd. 2).
II. GENERAL STATEMENT OF POLICY
It is the policy of this school district to provide information and training
to employees who may be routinely exposed to a hazardous substance, harmful
physical agent or infectious agent.
III. DEFINITIONS
A. "Commissioner" means the Commissioner of Labor and Industry.
B. "Routinely exposed" means that there is a reasonable potential
for exposure during the normal course of assigned work or when an employee
is assigned to work in an area where a hazardous substance has been spilled.
C. "Hazardous substance" means a chemical or substance, or mixture
of chemicals and substances, which:
1. is regulated by the Federal Occupational Safety and Health Administration
under the Code of Federal Regulations, or
2. is either toxic or highly toxic; an irritant; corrosive; a strong oxidizer;
a strong sensitizer; combustible; either flammable or extremely flammable;
dangerously reactive; pyrophoric; pressure-generating; compressed gas; carcinogen;
teratogen; mutagen; reproductive toxic agent; or that otherwise, according
to generally accepted documented medical or scientific evidence, may cause
substantial acute or chronic personal injury or illness during or as a direct
result of any customary or reasonably foreseeable accidental or intentional
exposure to the chemical or substance; or
3. is determined by the commissioner as a part of the standard for the chemical
or substance or mixture of chemicals and substances to present a significant
risk to worker health and safety or imminent danger of death or serious physical
harm to an employee as a result of foreseeable use, handling, accidental
spill, exposure, or contamination.
D. "Harmful physical agent" means a physical agent determined by
the commissioner as a part of the standard for that agent to present a significant
risk to worker health or safety or imminent danger of death or serious physical
harm to an employee. This definition includes but is not limited to radiation,
whether ionizing or nonionizing.
"
Infectious agent" means a communicable bacterium, rickettsia, parasites,
virus, or fungus determined by the commissioner by rule, with approval of
the commissioner of health, which according to documented medical or scientific
evidence causes substantial acute or chronic illness or permanent disability
as a foreseeable and direct result of any routine exposure to the infectious
agent. Infectious agent does not include an agent in or on the body of a
patient before diagnosis.
“Blood borne pathogens” means pathogenic microorganisms that are present
in human blood and can cause disease in humans. These pathogens include,
but are not limited to, hepatitis B virus (HBV) and human immunodeficiency
virus (HIV).
IV. TARGET JOB CATEGORIES
Training will be provided to all full and part-time employees who are routinely exposed to a hazardous substance, harmful physical agent or infectious substance as set forth above.
V. TRAINING SCHEDULE
Training will be provided to employees before beginning a job assignment as follows:
A. Any newly hired employee assigned to a work area where he or she is determined
to be "routinely exposed" under the guidelines above.
B. Any employee reassigned to a work area where he or she is determined to
be routinely exposed under the above guidelines.
Legal References: Minn. Stat. Ch. 182 (Occupational Safety and Health)
Minn. Rule Ch. 5205 (Safety and Health Standards)
Minn. Rule Ch. 5206 (Employee right to Know Standards)
29 C.F.R. § 1910.1050, App. B (Substance Technical Guidelines)
Cross References: Policy 420 (Students and Employees with Sexually Transmitted
Infections and Diseases and Certain Other Communicable Diseases and Infectious
Conditions)