DCHAS-L Archives, Nov 10 2019 - Re: [DCHAS-L] liability and an impossible CHP

Alan said:

In your shoes, I'd write them a very sincere report about what they are doing wrong and your best recommendations for rectifying the situation. I'd make it clear in my report that corrective action is THEIR responsibility.

Your advice is along the lines I'm thinking. All the way though the planning report I will refer to the OSHA rules as "accepted standards of practice" even though they don't legally have to follow them. And I'll try to make clear what it is they should do -- even though I know they aren't going to.

Monona

-----Original Message-----
From: Alan Hall <oldeddoc**At_Symbol_Here**GMAIL.COM>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Sent: Sat, Nov 9, 2019 6:17 pm
Subject: Re: [DCHAS-L] liability and an impossible CHP

Monona, my Worthy Adversary,

My 2-1/8 cents worth.

Whichever this school is, they do not seem to have a clue and it would be a major undertaking to educate them, even if they are prepared to listen (which seems doubtful).

As a Consultant, it would seem that your job is to Consult and point out to them what they SHOULD do. Whether they do or not, it is their responsibility, not yours. As long as you give them your best professional opinions, then on their own heads be it if they don't follow-up with corrective actions. I consulted on a case once upon a time where the company's management had a well-written industrial hygienist's report on how to correct what they were doing wrong. The management filed it, and then ignored it. It was later an environmental crimes with knowing endangerment case. I dislike intensely bullying techniques, but sometimes they are necessary.

Those who get sued are those with resources and insurance (particularly the latter). That is why I don't recommend liability insurance for EHS professionals. I have few resources and carry no liability insurance. What lawyer wants to sue someone who can't give blood out of a turnip or stone?

In my consulting practice, I think I fall under the constitutional-guaranteed "right of free speech". My concern is to give my clients my best professional opinions based on my training, experience, and whatever is pertinent from well-designed literature searches. Follow-up actions are THEIR responsibility, as I cannot make policy decisions.

Kudos to you for trying to rectify what seems to be a very, very difficult situation. In your shoes, I'd write them a very sincere report about what they are doing wrong and your best recommendations for rectifying the situation. I'd make it clear in my report that corrective action is THEIR responsibility.

For what it's worth (free medical advice being worth exactly what you pay for it).

Alan

Alan H. Hall, M.D.

Medical Toxicologist

On Sat, Nov 9, 2019 at 3:35 PM DCHAS Membership Chair <membership**At_Symbol_Here**dchas.org> wrote:

From: Monona Rossol <actsnyc**At_Symbol_Here**cs.com>
Re: liability and an impossible CHP

Oh shoot. I have a problem again. Maybe some advice from you guys would help.

I have an art building planning job in one of those states in which OSHA does not cover the state schools. I went on the university's website and read all their EH&S stuff - which you can do in 40 minutes, since there is so little. They only have a Chemical Hygiene Plan and nothing at all for the art department.

The school has turned over safety to the individual professors in the mistaken belief that this takes the administration off the hook. That=E2=80™s what UCLA thought also until their Board of Regents was indicted for criminally negligent homicide.

That CHP is written so badly, it would be impossible even for trained chemists to comply, so my bet is nobody does anything. For example, the professors have the job of obtaining the SDSs and putting them in the binders.. There is no inventory. And if they store or use mixtures of chemicals, the CHP requires the professor to write their own SDSs to cover the hazards of the mixture. I wouldn't even try that.

For another example, EH&S only has to supply the professors with containers for waste. It is the professors' job to determine which wastes require collection, write the EPA label, supervise waste collection, and call for a pick up. That takes knowledge of the EPA and local waste rules. So my guess it's just "Oops" and down the drain.

And the art department plans are calling for dozens of individual studios called "research studios" where they apparently can use any chemical or art material or equipment they take it into their heads to use and they have 24 hour access to these studios.

When I do my presentation for the art faculty I will try to make these points and the need for ventilation and limits on materials, but I don=E2=80™t have any real hope of making a dent after what I've seen and read.

I will write this report VERY carefully. There is a fine line between trying to do a good job for a client and, instead, aiding and abetting them. And I'm not sure where the "due diligence" and "failure to warn" boundaries are here But I need to try to find them. Any and all advice is welcome.

Monona

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