SECTION VII: HAZARDOUS MATERIALS :

A hazardous material is one which by reason of being explosive, flammable, toxic, poisonous, corrosive, oxidative, irritative, radioactive, infectious or otherwise harmful is likely to cause illness, disease, impairment, disfigurement or loss of function of any part of the body, as well as symptoms and signs of significant adverse effects or damage to employees.

A. The Department Head shall be responsible for obtaining from manufacturers, producers or sellers all Material Safety Data Sheets (MSDS) on hazardous materials acquired by and used in their Department. The Department Head is also responsible to ensure copies of MSDS received by their departments are immediately forwarded to the Risk Manager for recordation and retention in the master file in accordance with OSHA regulations.

1. Material Safety Data Sheets (MSDS): No hazardous substance will be placed in use until Material Safety Data Sheets have been received and employee training has been conducted. The employee training must be documented by completing the Safety Training Report attached hereto as Exhibit 7. Copies of the Material Safety Data Sheets shall be retained by the user department for reference and display in the work areas.

(a) List Posted - A list of hazardous substances in use in the work area specifying the location and manner in which the MSDS's are available will be prominently posted on a bulletin board in major work areas.

(b) Reference Binders - Binders containing the MSDS's for hazardous substances shall be maintained by each department and prominently displayed in major work areas so that employees have access to them.

B. Labeling: The Department Head or his/her designee shall be responsible for ensuring that any hazardous substance placed in use is properly labeled with:

1. Identity of the hazardous substance;

2. Chemical and physical warnings;

3. Name and address of the manufacturer or supplier. If the hazardous substance is placed in another container, e.g., transfer container for use by your employees, the "new" container must be labeled with:

(a) Identity of the hazardous substance; and

(b) Chemical and physical warnings.

C. Medical Records and Exposure Records: In accordance with State regulations, the County shall retain exposure and medical records of employees exposed to toxic substances or harmful physical agents.

1. Access -- A present employee, a former employee, or an employee who has been assigned or transferred to a work area where exposure will or may take place, or the designated representative, are entitled to access all information relating to hazardous substances.

2. Medical Records Retention -- Each exposed employee's medical records shall be preserved and maintained by the County for the duration of employment plus thirty (30) years.

3. Exposure Reporting -- The immediate supervisor of an employee exposed to a hazardous substance shall be responsible for immediately notifying by telephone the Risk Manager. The supervisor shall prepare a written report within two (2) working days after occurrence.

4. Definition of exposure or exposed: Employee subjection to a toxic substance or harmful physical agent in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes past exposure and potential exposure, but does not include situations where the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.

D. Information and Training: The Department Head or his/her designee shall initiate employee training and information programs on specific hazardous substances used in County work places.

1. Information: The source document for identification of substances shall be the list of hazardous substances published by the State Director of Industrial Relations (attached hereto as Exhibit 8). The source document for training and education shall be the Materials Safety Data Sheets. When MSDS's are not available for a substance, the Department Head or his/her designee shall immediately request a MSDS from the manufacturer (sample letter attached hereto as Exhibit 9). The Department Head, at his discretion, may direct that training be conducted using the information on the label.

2. Training: All employees shall be trained by the Department Head or his/her designee within ten days of assignment to a job where hazardous substances are used or where new substances are introduced. Employees shall be informed of:

• operations in their work area where hazardous substances are present;
• location and availability of the Injury and Illness Prevention Programs which contains the hazard communication program;
• methods and observations that may be used to detect the presence or release of a hazardous substance in the work area;
• physical and health hazards of substances in the work area and the measures employees can take to protect themselves from these hazards, including specific procedures the department has implemented to protect employees such as appropriate work practices, emergency procedures and personal protective equipment;
• explanation of the labeling system and MSDS and how employees can obtain and use the appropriate hazard information;
• emergency procedures for accidental spills, fire disposal and first aid; the right to personally receive information if exposures occurs;
• the right of designated representatives or physicians to receive information.

3. Request for Information: Employees and their designated representatives have the right to access relevant exposure and medical records. A written request for such access shall be provided to said employee’s department head who shall coordinate with Risk Management in providing the information. Nothing in this section shall affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information.

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Copyright © 2001 County of Inyo
Last Updated: October 13, 2005