400-407 Employee Right to Know - Hazardous Substance


SERIES: 400 Employees/Personnel
SUBJECT: 407 Employee Right to Know - Exposure to Hazardous Substance

The following definitions shall be used to clarify this policy:

1. “Commissioner” means the Commissioner of Labor and Industry.
2. “Routinely exposed” means that there is a reasonable potential for exposure during the normal course of assigned work or when an employee is assigned to work in an area where a hazardous substance has been spilled.
3. “Hazardous substance” means a chemical or substance, or mixture of chemicals and substances, which:
     a. is regulated by the Federal Occupational Safety and Health Administration under the Code of Federal Regulations, title 29, part 1910, subpart Z; or
     b. is either toxic or highly toxic; an irritant; corrosive; a strong oxidizer; a strong sensitizer; combustible; either flammable or extremely flammable; dangerously reactive; pyrophoric; pressure-generating; compressed gas; carcinogen; teratogen; mutagen; reproductive toxic agent; or that, otherwise, according to generally accepted documented medical or scientific evidence, may cause substantial acute or chronic personal injury or illness during or as a direct result of any customary or reasonably foreseeable accidental or intentional exposure to the chemical or substance; or
     c. is determined by the commissioner as a part of the standard for the chemical or substance or mixture of chemicals and substances to present a significant risk to worker health and safety or imminent danger of death or serious physical harm to an employee as a result of foreseeable use, handling, accidental spill, exposure, or contamination.
4. “Harmful physical agent” means a physical agent determined by the commissioner as a part of the standard for that agent to present a significant risk to worker health or safety or imminent danger of death or serious physical harm to an employee.  This definition includes but is not limited to radiation, whether ionizing or nonionizing.
5. “Infectious substance” means a communicable bacterium, richettsia, parasites, virus, or fungus determined by the commissioner by rule, with approval of the commissioner of health, which according to documented medical or scientific evidence causes substantial acute or chronic illness or permanent disability as a foreseeable and direct result of any routine exposure to the infectious agent.  Infectious agent does not include an agent in or on the body of a patient before diagnosis.
6. “Blood borne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans.  There pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

The school district shall provide information and training to all full and part-time employees who may be routinely exposed to a hazardous substance, harmful physical agent, or infectious substance as set forth above before beginning a job assignment.

Legal References:
M.S. Ch. 182 (Occupational Safety and Health)
MN Rule 5205 (Safety and Health Standards)
MN Rule 5206 (Employee right to Know Standards)

Contact Us

Lincoln Elementary School
1114 East 23rd Street
Hibbing, MN 55746

Comments or questions?

Office Phone: (218) 208-0842
Principal: Mr. Robert Bestul
Hibbing Public Schools,
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