Minnesota Employee Right to Know Plan
© 2018 Resource Training & Solutions
This Employee Right-To-Know Plan (Plan) is designed to help the St Cloud School District comply with the Minnesota Occupational Safety and Health (OSHA) Employee Right-To-Know Standard, Chapter 5206.0100-1200. This standard is intended to ensure that employees are aware of the dangers involved with the use of hazardous substances, harmful physical agents and infectious agents that they may be routinely exposed to in the workplace. A reference compliance checklist can be found in Appendix A.
It is recommended that the Plan be reviewed and updated annually or as needed upon the introduction of new hazardous substances, physical agents or infectious agents. Actual use of the Plan is limited to Resource Training & Solutions and the St Cloud School District.
Note: School district laboratories (for example, chemistry laboratories) which use hazardous chemicals must comply with OSHA 29 CFR 1910.1450. Where applicable, the school district should refer to their Chemical Hygiene Plan. Under the Minnesota Employee Right-To-Know standard, laboratories in compliance with OSHA 29 CFR 1910.1450 are exempt from having to comply with the Employee Right- To-Know standard. However, due to multi-operations within the facility and the comprehensiveness of Employee Right-To-Know standard, the school district should include all routinely exposed laboratory personnel in their Employee Right-To-Know Plan.
Plan Review and Updated Report
Employee Right-to-Know Management Plan Review and Update Report
Program review and changes are documented below. Documented reviews indicate that the plan continues to meet the needs of the District, or has been modified to do so more effectively.
3/23/16 Removed material from safety data sheets
Training content: (5) additions for the revised hazard communication standard
Labeling: (5) additions and secondary container labeling information
Change MSDS to SDS throughout plan
added: appendix F: Pictograms and hazards
Appendix D: uploaded new hazardous substance inventory form
Definitions: removed material from safety data sheets
Harmful Physical Agent means a physical agent that presents a significant risk to worker health or safety or imminent danger of or serious physical harm to an employee. These include temperature extremes, ionizing and non-ionizing radiation, and noise.
Hazardous Substance means a substance or mixture which is toxic, irritating, combustible or flammable, reactive, carcinogenic, a mutagen, a reproductive toxic agent, or in some other way may cause injury or illness to an employee.
Immediate-Use Container is a container in which a substance is transferred into and will be under the control of and only used by the employee transferring the substance. In addition, all of the transferred substance will be used up within the workshift.
Infectious Agent means a communicable bacterial, viral, fungal or other microbiological agent that may cause illness to an exposed employee. This includes infectious agents that are present in human blood (blood-borne pathogens).
Material Safety Data Sheet is a document prepared by a manufacturer of a hazardous product or substance which describes the characteristics of the substance, its health effects, safe-handling procedures and first-aid procedures in case of overexposure.
Routinely Exposed means the reasonable potential for employee exposure exists during the normal course of work. It does not include an employee walking through an area where a hazardous substance container exists and no exposure is likely unless a spill should occur.
The Minnesota Employee Right-To-Know law applies to school districts. Hazardous substances, harmful physical agents and infectious agents that may endanger the health and well being of school employees while at work are covered under this law. Administrative, janitorial, maintenance, kitchen and laundry personnel, industrial shop instructors (wood, metal, auto body shops) as well as classroom instructors, are examples of those covered by the law. This Plan covers the basic requirements for compliance with Minnesota Employee Right-To-Know. It should be used to identify and document workplace hazards as well as educate school district employees on how to safely deal with these hazards.
B. Responsibilities Under Plan
- Manufacturer or Supplier
Product manufacturers and/or distributors are required to provide the school district (buyer) information for safe use of a hazardous product. This information is usually found in the form of a written specification or Safety Data Sheets (SDS). Shipments involving hazardous products should not be accepted by the school district if the appropriate hazard information is not provided.
Note: Refer to OSHA 29 CFR 1910.1200, Hazard Communication Standard for additional requirements.
- School District
- Hazards Inventory
The St Cloud School District must compile and maintain an updated list of all hazardous substances used by employees (Appendix B). This list must be continually updated as hazardous substances are added and deleted from the district's inventory. This inventory may be broken into school specific or, if appropriate, department specific lists. An SDS should be available for each substance on the inventory. A master list of all hazardous substance inventories and corresponding SDSs for all facilities should be maintained at the district level.
Note: Refer to Section 5206.0400 of the Minnesota Employee Right-To-Know for a list of hazardous substances and exemptions.
In addition to hazardous substances, an inventory of harmful physical agents to which employees may be exposed to in the workplace must also be assembled (Appendix C). Temperature extremes, noise and radiation sources must be identified.
Similarly, a listing of infectious agents must also be put together.
Since Minnesota Employee Right-To-Know covers routine occupational exposures, it is unlikely that the St Cloud School District would be covered under the infectious agent aspect of the law. This would apply mainly to facilities that conduct work in which infectious agents are handled (microbiology laboratories). Infectious agents that cause influenza, colds through casual contact with students or staff members does not apply. Blood-borne pathogens, however, do apply to schools and should be covered under the St Cloud School District's Blood-borne Pathogens Exposure Control Plan as required by 29 CFR 1910.1030. The St Cloud School District's compliance with this standard satisfies compliance with the infectious agents requirements in the Minnesota Employee Right-To-Know standard.
- Hazard Assessment
An evaluation of each hazardous substance, harmful physical agent and infectious agent (if applicable) identified in the inventory should be assessed as to the potential hazard it represents in the workplace. The amount, type of usage(s) and relative toxicity of a substance or agent needs to be included to properly assess workplace hazards.
- Employee Training
- The training is to include an overview of the Minnesota Employee Right-to-Know standard and the district’s Minnesota Employee Right-to Know Plan. All school employees covered must be notified as to the location and the availability of the written Plan. Employees must receive training on each hazardous substance, harmful physical agent and infectious agent to which he/she is routinely exposed to on the job. This training must take place:
- prior to starting work (orientation)
- prior to introduction of new hazardous substances, harmful physical agents or infectious agents (can be specific to new hazard only); and
- at least annually thereafter (as a refresher).
- Training Content The training for hazardous substances must cover the following:
- Hazard Statement – describes the nature of the hazard(s), including where appropriate, the degree of the hazard.
- Product Identifier – chemical name, code number or batch number.
- Precautionary Statement – phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical or improper storage or handling.
- Pictograms – eight designated pictograms consist of a symbol on a white background framed within a red border and represent a distinct hazard.
- Signal Word – used to indicate the relative severity of the hazard. The two signal words are Danger or Warning.
- Hazardous levels of exposure.
- Symptoms of exposure (such as, dizziness and nausea, chemical burns, rash, etc.) including both short-term and long-term exposure.
- Potential for flammability, explosion and reactivity.
- Primary routes of entry (such as, inhalation, skin absorption, ingestion, etc.).
- Proper conditions and controls for use and exposure (for example, ventilated hood, personal protective equipment, etc.)
- Appropriate emergency treatment (for example, first aid in case of overexposure).
- Procedures in case of leaks and spills.
- Name, phone number and address of manufacturer.
- Availability of a written copy of all this information in the hazardous area (SDS).
Similarly, the training for harmful physical agents must include the following:
- The name(s) of the physical agent(s).
- The source(s) of each agent.
- Hazardous levels of exposure (if known).
- Symptoms of exposure.
- The known short-term or long-term effects of exposure.
- Appropriate emergency treatment (for example, first aid in case of overexposure).
- Proper conditions and controls for use and exposure (such as, protective ear plugs during lawn mowing).
- If appropriate, the name, phone number and manufacturer address for the equipment which generates the harmful physical agent.
If several different hazardous substances of harmful physical agents are used in a similar fashion and have a similar content or hazard, it is acceptable to group these substances or agents together in the training. For instance several brands of motor oil and other lubricating oils can be grouped together for training purposes if the usage and hazard is essentially the same. However, each product should have its own SDS on file and be made available to the employees who use these products.
In some cases, products that are used for similar tasks may have different hazardous ingredients that present different levels and types of hazard to the employee. This is often true for cleaners, strippers, and other chemical products. In these instances each should be covered separately in the training session.
Infectious agents (where applicable) training requirements should follow those outlined in the St Cloud School District's Blood-borne Pathogens Exposure Control Plan.
To provide a training session, the trainer must thoroughly understand the Minnesota Employee Right-To-Know standard, the St Cloud School District's program, and be able to discuss the health and safety hazards associated with the hazardous substances or harmful physical agents.
The St Cloud School District must maintain a document that lists the employee's name, job title, the date, trainer's name, title and qualifications, and a summary of the materials covered (or copy of outline) at the training session. The St Cloud School District shall retain all training records for three (3) years minimum. A training log can be found in Appendix D.
The training is to include an overview of the Minnesota Employee Right- To-Know standard and the district's Minnesota Employee Right-To-Know Plan. All school employees covered must be notified as to the location and availability of the written Plan. Employees must receive training on each hazardous substance, harmful physical agent and infectious agent to which he/she is routinely exposed to on the job. This training must take place:
- prior to starting work (orientation);
- prior to the introduction of new hazardous substances, harmful physical agents or infectious agents (can be specific to new hazard only);
- and at least annually thereafter (as a refresher).
Minnesota Employee Right-To-Know places ultimate responsibility for adequate labeling on the employer (the St Cloud School District).
- Labeling of hazardous substance
Upon delivery, all original containers of hazardous materials need to be checked to ensure the following criteria are met by the container label.
- Product Identifier
- Identification of hazardous substance(s)
- Signal Word (such as warning or danger and a description of primary exposure effects)
- Name and address of the manufacturer, distributor or importer
- Hazard Statement\
- Precautionary Statement
All secondary containers to which the substance(s) will be transferred need to exhibit the label information. If labels are not available the three minimum requirements are 1. Manufacturer name 2. Product name 3. hazard statement. Labels are not required for immediate use containers, in which the employee dispenses a product which is directly used up in a task performed by that same individual during a single work-shift. Labeling requirements do not include piping systems.
2. Labeling of harmful physical agents
The St Cloud School District will ensure that all equipment or work areas that generate harmful physical agents at a level that may be expected to approximate or exceed OSHA or other applicable standards are labeled with the following:
- Identification of the harmful physical agent
- Appropriate hazard warning
- Required personal protective equipment
e. Labeling of infectious agents
The St Cloud School District shall label all infectious agents in accordance with their Blood-borne Pathogens Exposure Control Plan.
f. Non-routine hazards
At times, employees will be required to perform tasks involving hazardous materials or harmful physical agents which have not been covered in their training. Prior to starting work on such projects, each affected employee must receive instruction about the hazards involved with the task. This training must include:
- The specific chemical and/or physical hazards.
- Protective equipment or safety measures required.
- Precautions or procedures to follow in order to reduce or avoid exposure.
Examples of hazardous non-routine tasks performed are: opening a plugged drain with a sulfuric acid based material or acid etching on a concrete floor using hydrochloric (muriatic) acid.
g. Protective equipment
Any special personal protective equipment required to safely handle exposure to a hazardous substance or harmful physical agent will be provided at the expense of the St Cloud School District.
h. Outside or contractor personnel
The St Cloud School District is responsible to provide contractors (or other outside personnel) information about hazards to which they may be exposed to while working on school district properties. The chemicals or physical agents to be encountered must be disclosed along with required protective measures, safe handling procedures and location and availability of SDSs.
In turn, the St Cloud School District must obtain hazard information (SDSs) from the contractor prior to hazardous chemicals or harmful physical agents being brought on site by the contractor. If there will be affected employees, special training may be required.
i. Program Review
The St Cloud School District will review the Minnesota Employee Right-To- Know program at least annually and update as needed. Changes to the program will be required because of:
- A change in the Minnesota Employee Right-To-Know standard that will require modification or change in the school district's program.
- The introduction of new hazardous substances or harmful physical agents to the workplace.
- The detection of an error or deficiency in the program, or when deemed necessary by the school district to improve the program.
C. Responsibilities/Rights of the Employee
The employee is responsible to learn and implement the Minnesota Employee Right-To-Know training received into their daily work routine. The employee has the right to request information about workplace hazards covered under the law and have that information readily available.
Employees are expected to use the safety equipment supplied to them by the employer when procedures require their use. It is the employee's responsibility to see that the equipment is in good repair prior to using it. If the provided safety equipment is damaged/it should be brought to their immediate supervisor's attention to be repaired or replaced.
It is the employee's responsibility to ask the St Cloud School District management questions about the school district's Minnesota Employee Right-To-Know program or about the safe use of hazardous substances or exposure to harmful physical agents. Only by working together in a cooperative manner will the school district have a safe work environment.
Appendix A: Compliance Checklist
The following checklist is intended to provide a quick reference for an individual school district to evaluate their level of compliance with Minnesota OSHA 5206.
- Hazardous substances inventory
- Harmful physical agents inventory
- Infectious agents inventory (if needed)
- Written Employee Right-To-Know Program
- Safety Data Sheets for all hazardous substances
- Procedure for insuring adequate label information
- Employee training program(s)/schedules
- Required personal protective equipment available to affected employees
- Availability of written program and hazard information to all affected employees on all shifts
- Provision for annual review of written program
Note: This checklist is not intended to be comprehensive in nature. The St Cloud School District should refer to their respective Minnesota Employee Right-To-Know Plan which further outlines general compliance requirements.
Appendix B: Hazardous Substances Inventory Form
Hazardous Substances Inventory Form
District Name/Building: _____________________
Department Supervisor: ______________________________________________
Prepared by: _______________________________________________________
Date of Completion/Latest Revision: _____________________________________
Appendix C: Harmful Physical Agents Inventory Form
Appendix D: Training Log
Appendix E: Employee Right-to-Know Standard
CHAPTER 5206, HAZARDOUS SUBSTANCES; EMPLOYEE RIGHT-TO-KNOW
Table of Parts
5206.0300 SCOPE; EXCEPTIONS.
5206.0400 HAZARDOUS SUBSTANCES.
5206.0500 HARMFUL PHYSICAL AGENTS.
5206.0600 INFECTIOUS AGENTS.
5206.0800 AVAILABILITY OF INFORMATION.
5206.0900 [REPEALED, 17 SR 1456]
5206.1000 LABELING HAZARDOUS SUBSTANCES.
5206.1100 LABELING HARMFUL PHYSICAL AGENTS; LABEL CONTENT.
5206.1200 CERTIFICATION OF EXISTING LABELING PROGRAM.
Appendix F: GHS Pictograms & Hazards
- Manufacturer or Supplier