I think I can clarify part of this:
 
1) OSHA regulations do not usually cover students. As I have explained
to a few people over the years, the "O" in OSHA stands for
"occupational", so, unless we can establish an employer-employee
relationship, we have no jurisdiction.
 
2) Having said that, students who work as lab assistants and TAs are
considered employees if they receive some sort of compensation, such as
a stipend, salary, etc., and would be covered by OSHA standards.
 
3) In states where federal OSHA has jurisdiction, such as Arkansas,
state and local government employees, including those in public schools,
are not covered. Private schools are subject to OSHA regs, however.
 
On the other hand, Minnesota is what is known as a "fully-approved
state plan" state. The MN Legislature established the MNOSHA program to
protect both private and state and local government employees. For most
employers and employees in Minnesota, we are OSHA. Federal OSHA has
turned jurisdiction over to us and fund 50% of our budget.
 
There are 21 states plus Puerto Rico that have state-plan programs
covering both the private and public sector, and 3 states plus the
Virgin Islands who have public sector only programs.
 
As far as legal liability goes, I haven't a clue.
 
- Diane Amell, MNOSHA

>>> "Robert E. Belford"  12/7/2006 12:21 PM >>>

Folks,

I forwarded Ralph Stewart's recent post on the "School Chemistry
Laboratory 
Safety Guide" to the Arkansas Sceince Teachers Listserv (K-12) and it 
started a buzz.   I'd like to know if anyone on this list could input
on 
this response (below) and I will forward it to the science listserv.  I
am 
not a CHO, have had minimal training and so am hesitant to respond 
authoritatively.  I think there are two questions at hand; are high
schools 
in Arkansas required to have a CHP, and has having a CHP helped a
school in 
an actual court case?

Thanks

Bob Belford

Dr. Robert E. Belford
Department of Chemistry
University of Arkansas at Little Rock
www.ualr.edu/rebelford
(501)569-8824
----- Original Message ----- 
From: "Dennis Brown" 
To: 
Sent: Thursday, December 07, 2006 11:51 AM
Subject: CHP's

Ok, help me here.  Bill, your statement on the last email concerning
CHPs 
and the OSHA requirements has me a little confused(copy is below). 
Below is 
the standard you referenced.  I noticed on the title that is says both

RECOMMENDATIONS AND Non-mandatory(copy is below).  I also understood
from 
past discussions that OSHA requirements do not apply to schools.  Am I
wrong 
here?

While I understand the benefit and we are presently working on a CHP
because 
we understand the benefit of having one, is there anything PUBLISHED,
either 
state or federal, which REQUIRES a CHP of schools?

If we have to have a CHP then why not a CHO? I thought that was
discussed 
on OSHA site as well.

Does anyone know about court cases from past school accidents where
having a 
CHP was beneficial to the individual or the school?  (I know that 
misfeasance and negligence enter in here but I am not talking about
that.)

Bill's statement in the last email.
2.  It applies to school employees who work in laboratory settings
(i.e., science teachers and lab assistants); indirectly it may serve
to
protect students.


OSHA SITE - TITLE PG
* Part Number: 1910
* Part Title: Occupational Safety and Health Standards
* Subpart: Z
* Subpart Title: Toxic and Hazardous Substances
* Standard Number: 1910.1450 App A
* Title: National Research Council Recommendations Concerning Chemical

Hygiene in Laboratories (Non-Mandatory)

Thanks,
D. Brown 

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