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Occupational Safety and Health Administration (OSHA)
The laws and regulations overseen by the federal Occupational Safety and Health Administration (OSHA) outline the University's main areas of responsibility, where work place safety is concerned.
General Duty Clause (Title 29, Code of Federal Regulations, section 1910.1) - requires employers to furnish a workplace free from recognized hazards that could cause death or serious injuries to employees. This provision empowers OSHA to evaluate workplace safety in any context, utilizing the "reasonable person" standard to assess dangerousness or hazards to health. Use of the general duty clause enables OSHA to look into workplace safety issues without having defined explicit criteria for safety, in the cases in question.
Hazard Communication (Title 29, Code of Federal Regulations, 1910.101) - requires that information be available to employees on the potential hazards of all chemicals in use at the workplace. This is accomplished through labeling of materials, appropriate employee training and use of Material Safety Data Sheets (MSDS). Employers must have an MSDS for each hazardous chemical in the workplace. The MSDS describes the characteristics of the chemical, specifies its potential adverse impact on health (if any) and details interventions in the event of inappropriate exposure.
Control of Exposure to Bloodborne Pathogens (Title 29, Code of Federal Regulations, 1910.1030) - outlines requirements for minimizing transmission of diseases caused by microorganisms in human blood and body fluids, primarily Hepatitis A, B and C and HIV. The regulations require that employers develop a Bloodborne Pathogens Exposure Control Plan to reduce and control exposures; train employees about risks; and offer immunizations. The regulations apply specifically to those persons whose work routinely puts them in contact (or potentially in contact) with blood and other bodily fluids - for example, clinical staff at University Health Services, or staff of University Athletics. Seton Hall University's Bloodborne Pathogens Exposure Control Plan is available for review.
Chemical Hygiene Plan (Title 29 Code of Federal Regulations, 1910.1450) OSHA requires that a Chemical Hygiene Plan be developed, approved and implemented. They define a "Chemical Hygiene Plan" as a written program developed and implemented by the University that specifies procedures, equipment, personal protective equipment and work practices to protect those using, or working in/around laboratories, from the health hazards presented by hazardous chemicals used in that particular setting. The Laboratory Safety Committee, a subcommittee of the University-wide Risk Management Committee, oversees compliance in this area. Seton Hall University's Chemical Hygiene Plan is available for review.
Other Areas of concern to OSHA
- Ergonomics - Regulations proposed in 2000 would have required employers to implement programs for identification and prevention of workplace conditions contributing to musculoskeletal illnesses and injuries resulting from repetitive motion. This would involve a wide range of work activities - everything from construction workers' jack hammering to computer users' keyboarding. The regulations were not implemented, but this remains an area of substantial concern, where OSHA is concerned. This is an area that may ultimately become regulated.
- Indoor air quality - Although not specified within regulations, OSHA expects employers to provide safe and healthful work environments. Since indoor air quality can influence employee health, problems in this area could fall within OSHA's jurisdiction under the General Duty Clause. Seton Hall University monitors indoor air quality in the workplace, and responds to specific concerns, on an ongoing basis.
- Reporting of accidents and injuries - Specific requirements exist relative to reports to OSHA on certain types of accidents and injuries. Internal review of these reports can assist in evaluating trends and identifying specific workplace safety issues.
Environmental Protection Agency (EPA)
EPA's Campus Compliance Initiative "As enforcement of environmental laws has waxed and waned in the private sector during the past two decades, American colleges and universities have largely been ignored by federal and state agencies responsible for legal enforcement. Recent EPA enforcement initiatives are changing this past practice, and educational institutions must be prepared to meet the challenge of greatly increased regulatory scrutiny." Campbell, S., & Lipman, R. (2000). Environmental Law and the Academy: EPA's New Campus Compliance Initiative. Publication of the Environmental Practice Group, Hughes Hubbard & Reed LLP.
THE CAMPBELL & LIPMANN ARTICLE
EPA's enforcement initiative targets the status of compliance on campuses with respect to a variety of activities, including:
- Storage of certain toxic and hazardous materials (e.g., flammable, corrosive or reactive materials)
- Disposal of hazardous waste
- Use of hazardous chemicals
- Generation of "red-bag" waste from clinical locations
- Other waste streams: discharge of certain kinds of waste through sink or floor drains
- Spills or other releases of hazardous materials
- Use of underground storage tanks for fuel or other liquids
The Compliance Program is actively involved in ensuring Seton Hall's preparedness, relative to EPA's campus audit activities. More information about EPA's Campus Compliance Initiative