OSHA's hazard communications and exposure control programs - Occupational Safety and Health Act - Risk Management - Column

Camp employers are challenged today by a tremendous number of state and federal laws and regulations that require certain behavior. Many of these laws overlap, conflict, and are ambiguous in various ways. Some apply to all camps, some have limited application or don't apply at all. Examples we've discussed before in this column include the Americans with Disabilities Act and the Civil Rights Ac of 1991.

To make compliance more difficult, some federal laws and programs have requirements that may be less stringent than state laws on the subject. One of these federal laws, the Occupational Safety and Health Act of 1970, requires that two safety programs be in place at every camp facility in the United States. These two programs are the Hazard Communications Program and the Exposure Control Program.

Fortunately, someone has taken the time to review, summarize and clarify these regulations and create a safety manual. The work, Hazard Communication and Exposure Control Training Program, is written by Thomas R. Brannon of Nashville Tennessee and is available from the ACA bookstore for $49.95.

A quick summary of this manual will put camp directors and risk manager's responsibilities under these regulations into perspective.

Hazard Communication

The hazard communication regulations were designed to ensure employers evaluate chemicals used in the workplace and communicate to employees how to safely use those chemicals. A written hazard communication program must be developed and maintained, including a list of the hazardous substances at camp and material safety data sheets (MSDS) for each substance. Employees must be trained to recognize and take appropriate protective measures against these hazards.

Exposure Control

The stated purpose of the exposure control regulations is to provide safeguards for employees against Hepatitis B, HIV, AIDS and similar bloodborne diseases, and to reduce the risk of exposure to blood and other bodily fluids. Employers are required to develop and maintain a written exposure control plan, identify those employees with potential risk, establish practices to be followed in the event of exposure to blood or bodily fluids, and initiate vaccination and training programs.

The scope and application of these requirements are outlined quite nicely in Mr Brannon's safety manual. It provides well-organized information about which chemicals are exempt from the hazard communication regulations and where to get the material safety data sheets. It offers guidelines and suggestions for training and generally identifies what needs to be communicated to staff under the exposure control regulations. If you don't have a hazard communication or a exposure control plan in place as part of your risk management plan, we recommend obtaining a copy of this manual or one similar to help you do so.

Camps should note many states now have their own "right to know" laws. OSHA let the states adopt these laws and approves them as meeting the requirements and goals of the federal law. Where state laws have not been approved, they are preempted by the federal standard. Check with your local health department in your state to determine if there is a state regulation and/or any differences i requirements.

Applicability to Camps

Here are some thoughts about potential risks from hazardous materials that migh be at camp: Chlorine used in pools surely qualifies. Liquid chlorine improperly handled and mixed can be lethal. If handled improperly, paint thinners, varnish shellac, weed killer, cleaning supplies, and similar flammable and poisonous materials would seem to be included under this regulation.

Check your own facilities. You may be surprised or pleased. Obviously if your camp has a limited number of potentially hazardous materials, then your responsibility under this regulation is diminished. But no matter how many hazardous materials you find, plans should be developed to comply with OSHA's and your state's regulations.

Implementation of hazard communication and exposure control plans have importan financial and operational impacts on camp programs and businesses. These range from reduction of the risk of occupational injury or disease for staff, to the avoidance of a potentially catastrophic fire involving unknown and unidentified hazardous materials.

How does you camp measure up? Now is the time to get organized. If you find there is work to be done, remember the old but very valid cliche: "An ounce of prevention is worth a pound of cure." The pay back from these efforts can be significant.

Ed Schirick is senior vice president of the Markel Rhulen Underwriters and Brokers camp and youth recreation division. He is a charted property casualty underwriter and a certified insurance counselor.

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