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Previous by Date: Subject: Re: Need Your Opinion on Safety Issues Date: Tue, 8 Nov 2005 12:42:41 -0500 Author: Jay Young |
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Our legal dept has informed us that we should expect students to follow OSHA safety-related requirements that apply to our workforce because these requirements represent the "minimum standard of care." Failure to follow the "standard of care" for students would expose the university to significant liability should anything happen to the students. So, if we require goggles and covered legs in labs for faculty for reasons of safety, then we should also do it for students. Mary M. Cavanaugh, CIH phone 828.262.6838 email cavanaughmm**At_Symbol_Here**appstate.edu -----Original Message----- From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of teamplayer Sent: Tuesday, November 08, 2005 2:02 PM To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU Subject: Re: [DCHAS-L] Need Your Opinion on Safety Issues In response to Jay's statement "as far as OSHA is concerned, the kiddies may wear whatever they like." Jay is correct specifically to OSHA and the non-workforce. However, it is in the prerogative of ANY business, organization, or school to make enforceable rules for those who will be interacting with them. That is...a business (such as a white-water rafting company) may make it a requirement that all customers MUST wear helmets or they will not have them as customers. An organization (such as a hiking group) may make it a requirement that ALL participants must have training in outdoor safety BEFORE they can go on a hike or else they will not be allowed to go. A school may make it a requirement that students follow "X" rules (even taking word for word from an OSHA requirement) or they will not be allowed to sign up or take a class. Yes, OSHA regulations only apply to the workforce (I don't know for certain that OSHA applies to PAID workforce only...I haven't been fully up on my OSHA regulations recently but I think if the person is WORKING for the entity...whether paid or otherwise, the OSHA regulations would apply.) However, an entity could take the regulations and make them a part of their requirements. They would have to assure that all participants are expected to follow those requirements...no exceptions or else they'd be opening themselves to lawsuits (but not following them would not lead to an OSHA fine if the person was not part of the workforce.) Helen Gerhard 719-574-5577 (h) 719-290-8456 (c) teamplayer**At_Symbol_Here**pcisys.net -----Original Message----- From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of Jay Young Sent: Tuesday, November 08, 2005 10:43 AM To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU Subject: Re: [DCHAS-L] Need Your Opinion on Safety Issues To all concerned: Sorry, but Rob Toreki's helpful suggestions do NOT apply to students. That is, the OSHA regulations, even the lab standard cannot be enforced on students. It applies in an enforceable manner only to paid employees. so, as Rob correctly suggests, the male and female professors and TA's are to wear pants, but as far as OSHA is concerned, the kiddies may wear whatever they like. Jay Young PS: I would hope of course, that the Profs and TA's would indeed enforce their own local requirements for proper attire for students in the lab.
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