If you look at the definition of a lab, the making of art simply doesn’t meet the definition.  The artist is creating a product; that makes them subject to HazCom, not the Lab Standard.  Perhaps New York has modified its definitions and that makes your situation different from ours; our state uses the same language as federal OSHA.

Please don’t misunderstand what I said about the CHO not being responsible for chemical safety in areas subject to HazCom.  What I said was the regulations do not define the CHO as being responsible for chemical safety in non-lab areas.

However, the employer (the university) can certainly define one’s **job** as being responsible for chemical safety regardless of where it occurs or which set of regulations govern the activity.  That is what they have done here (I’m both University CHO and HazCom Manager… and Biosafety Officer and Exposure Control Officer and… well, I digress) and it sounds like that’s what they’ve done with your position.

-        Mm

Mary M. Cavanaugh CIH

Interim Director, Occupational Safety & Health Office

University Industrial Hygienist

Phone 828.262.6838 (Tues-Wed)

Phone 828.262.4008 ext 3# (Mon, Thu, Fri)

Email cavanaughmm**At_Symbol_Here**appstate.edu

-       

From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of Kim Auletta
Sent: Friday, May 20, 2011 1:44 PM
To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Subject: Re: [DCHAS-L] Realm of Duties for a Univercity CHO?

Mary - many, including myself, at our university think the art dept and some of the engineering shops are "labs" - they are all research related. Our chemists may have a hard time thinking the art/structural lab as research, but the artists definitely think it is! I provide chemical oversight to all of them. I also manage the MSDSs for all areas, including physical plant sites.

Kim Auletta
Lab Safety Specialist
EH&S    Z=6200
Stony Brook University
kauletta**At_Symbol_Here**notes.cc.sunysb.edu
631-632-3032
FAX: 631-632-9683
EH&S Web site: http://www.st onybrook.edu/ehs/lab/

Remem ber to wash your hands!



From:        "Mary M. Cavanaugh" <cavanaughmm**At_Symbol_Here**APPSTATE.EDU>
To:        DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Date:        05/20/2011 11:46 AM
Subject:        Re: [DCHAS-L] Realm of Duties for a Univercity CHO?
Sent by:        DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>

You wrote: " Would someone with my designation have to meet the needs of
chemicals in other areas of the university say the art dept or physical
plant?"

No. The University CHO is not responsible for the oversight of chemicals in
non-lab settings such as the art department or Physical Plant.  These would
be the responsibility of the Hazard Communication program manager --  if you
had one.  It often does makes sense for the same person serve in both
capacities (i.e. both University CHO and HazCom Manager), because there is a
great deal of overlap.  But being the University CHO does not mean that the
regulators expect you to oversee the non-lab areas.

Your university may well not understand this distinction, and may be
assuming you are managing both. I don't think it would be a reasonable
request of any university to ask someone who also has a full teaching load
to serve in both capacities, however.  For a very small university, perhaps
someone with a reduced teaching load could do both jobs.

Hope this helps.  It sounds like your university really needs to take a hard
look at its safety program (or lack thereof).

-mmc

Mary M. Cavanaugh CIH
Interim Director, Occupational Safety & Health Office
University Industrial Hygienist
Phone 828.262.6838 (Tues-Wed)
Phone 828.262.4008 ext 3# (Mon, Thu, Fri)
Email cavanaughmm**At_Symbol_Here**appstate.edu

DISCLAIMER: ALL INFORMATION IN THIS EMAIL IS THE PERSONAL AND PROFESSIONAL
OPINION OF THE WRITER AND SHOULD NOT BE CONSTRUED TO REPRESENT THE VIEWS OF
APPALACHIAN STATE UNIVERSITY.


-----Original Message-----
From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of
Schmidt-Nebril, Kathleen
Sent: Friday, May 20, 2011 9:17 AM
To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Subject: [DCHAS-L] Realm of Duties for a Univercity CHO?

I was hoping to get some feedback on the duties of what the assignment of
"University CHO" may include for others in academia. My university has no
EH&S dept, OSHA officer or general safety trainer and I have been the CHO
for the science dept along with a hefty teaching load.  My understanding of
the OSHA reg for implementing a CHO is that it is directly a result of the
OSHA Lab Standard.     At this time the other dept/areas are handling there
own chemicals and training independently of me. I am trying to build a case
for detailed reasons/regulations  why the university should employ a
separate OSHA officer to oversee non-laboratory use/handling of chemicals as
I feel they don't understand the load such a position would carry.  Any
feedback is appreciated..

Kathleen Schmidt-Nebril, NRCC-CHO
Dominican University