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Newark USD  |  AR  3514.1  Business and Noninstructional Operations

Hazardous Substances   

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Cautionary Notice 2010-13: AB 1610 (Ch. 724, Statutes of 2010) amended Education Code 37252.2 to relieve districts from the obligation, until July 1, 2013, to perform any activities that are deemed to be reimbursable state mandates under that section. As a result, certain provisions of the following policy or administrative regulation that reflect those requirements may be suspended.

The disposal of chemicals may be accomplished in accordance with removal and disposal systems established by the County Office of Education or by permission of the County Superintendent of Schools. (Education Code 49411)

Hazard Communication Program

In order to control the handling of hazardous substances and provide information to employees in accordance with California's Hazard Communication Regulation (Title 8, 5194), the Superintendent or designee shall ensure that the hazard communication program outlined below is carried out. The written hazard communication program shall be available upon request to all employees and their designated representatives. (Code of Regulations, Title 8, 5194)

The following materials are exempted from the Hazard Communication Program and this district regulation: hazardous wastes; tobacco products; wood and wood products; manufactured articles; food, drugs and cosmetics used by employees.

1. Container Labeling

Except for consumer products, pesticides, or food, drug and additive products which are already labeled in compliance with federal law, no container of hazardous substance shall be accepted by schools or the district unless labeled by the supplier with the following information:

a. Identity of the hazardous substance(s).

b. Hazard warning statements.

c. Name and address of the chemical manufacturer or importer.

Whenever hazardous substances are transferred from their original containers to other containers, the secondary containers shall likewise be labeled with the identity and hazard warning statement.

2. Material Safety Data Sheets

Upon receiving a hazardous substance or mixture, the Superintendent or designee shall ensure that the manufacturer has also furnished a Material Safety Data Sheet (MSDS) as required by law. If the MSDS is missing or obviously incomplete, the Superintendent or designee shall request a new MSDS from the manufacturer and shall notify the California Occupational Safety and Health Division (Cal/OSHA) if a complete MSDS is not received.

The Superintendent or designee shall maintain copies of MSDS for all hazardous substances and ensure that they are available to all affected employees during working hours. He/she shall review incoming MSDS for new and significant health or safety information and shall disseminate this information to affected employees.

3. Employee Information and Training

Employees shall receive inservice training on hazardous substances in their work area at the time of their initial assignment and whenever a new hazard is introduced into their work area. This training shall provide:

a. An overview of the requirements of California's Hazard Communication Regulation (Title 8, 5194), including employee rights described therein.

b. The location, availability and content of the district's written hazard communication program.

c. Information as to any operations in the employees' work area where hazardous substances are present.

d. The physical and health effects of the hazardous substances in the work area.

e. Techniques and methods of observation that may determine the presence or release of hazardous substances in the work area.

f. Methods by which employees can lessen or prevent exposure to these hazardous substances, such as appropriate work practices, use of personal protective equipment and engineering controls.

g. Steps the district has taken to lessen or prevent exposure to these substances.

h. Emergency and first aid procedures to follow if exposed to the hazardous substance(s).

i. Instruction on how to read labels and review MSDS for appropriate information.

4. List of Hazardous Substances

For specific information about the hazardous substances known to be present in the district and schools, employees may consult the MSDS sheets maintained at the district office.

5. Hazardous Nonroutine Tasks

Should employees be required to perform hazardous nonroutine tasks, they shall first receive information about the specific hazards to which they may be exposed during this activity and the protective/safety measures which must be used. They shall also receive information about emergency procedures and the measures the district has taken to lessen the hazards, including ventilation, respirators, and the presence of another employee.

6. Hazardous Substances in Unlabeled Pipes

Before starting to work on unlabeled pipes, employees shall contact their supervisors for information as to the hazardous substance(s) contained in the pipes, the potential hazards, and safety precautions which must be taken.

7. Informing Contractors

To ensure that outside contractors and their employees work safely in district buildings and schools, the Superintendent or designee shall inform these contractors of hazardous substances which are present on the site and precautions that employees may take to lessen the possibility of exposure. It shall be the contractor's responsibility to disseminate this information to his/her employees and subcontractors.

Regulation NEWARK UNIFIED SCHOOL DISTRICT

approved: February 6, 1996 Newark, California