11/03 virginia department of education welcome toxic art materials—do you know the law? cheryle c....

11/03 Virginia Department of Education11/03 Virginia Department of Education

WELCOMEWELCOME

TOXIC ART TOXIC ART MATERIALS—MATERIALS—DO YOU DO YOU

KNOW THE LAW? KNOW THE LAW? Cheryle C. Gardner Cheryle C. Gardner Principal Specialist of Fine Arts Principal Specialist of Fine Arts

Virginia Department of Education Virginia Department of Education


WHAT ARE THE WHAT ARE THE LAWS?LAWS?

The Hazard Communication Standard The Hazard Communication Standard Labeling of Hazardous Art Materials Labeling of Hazardous Art Materials

VOSH 1910.1200VOSH 1910.1200

Regulations Governing Criteria to Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Identify Toxic Art Materials; Labeling; Use in Elementary Grades ProhibitedUse in Elementary Grades Prohibited

§ 22.1-274.1 Code of Virginia§ 22.1-274.1 Code of Virginia

Labeling of Hazardous Art MaterialsLabeling of Hazardous Art Materials Public Law 100-695, 15 U.S.C. § Public Law 100-695, 15 U.S.C. §

12771277


WHAT IS A WHAT IS A TOXIC ART TOXIC ART MATERIALMATERIAL??

An art material that contains An art material that contains any substance which can cause any substance which can cause acute or chronic injury to the acute or chronic injury to the human body, or which is human body, or which is suspected of being able to suspected of being able to cause diseases or injury under cause diseases or injury under some conditionssome conditions


The Hazard The Hazard Communication StandardCommunication Standard

VOSH 1910.1200VOSH 1910.1200August 17, 1984August 17, 1984

Adopted by the Virginia Safety and Adopted by the Virginia Safety and Health Codes Board of the Virginia Health Codes Board of the Virginia Department of Labor and IndustryDepartment of Labor and Industry

““Right to Know Law”Right to Know Law”

Effective November 25, 1985Effective November 25, 1985


WHO DOES THE WHO DOES THE LAWLAW EFFECT? EFFECT?

ManufacturersManufacturers

ImportersImporters

DistributorsDistributors

Public Sector Employees—Public Sector Employees—YOUYOU


Virginia Standard—VOSH Virginia Standard—VOSH 1910.12001910.1200

identical toidentical to

Federal OSHA Standard Federal OSHA Standard 1910.12001910.1200

exceptexcept

Virginia Standard covers Virginia Standard covers public public sector employeessector employees


MANUFACTURER’MANUFACTURER’S S

RESPONSIBILITIERESPONSIBILITIESS

LabelsLabels

Material Safety Data Sheets Material Safety Data Sheets (MSDS)(MSDS)


LABELSLABELS

Chemical manufacturers, importers, and Chemical manufacturers, importers, and distributors—distributors—

Must ensure that all containers of hazardous Must ensure that all containers of hazardous chemicals leaving their work places are chemicals leaving their work places are labeled withlabeled with

Name of the hazardous chemicalName of the hazardous chemical Appropriate hazard warnings for employeesAppropriate hazard warnings for employees Name and address of the manufacturerName and address of the manufacturer


MATERIAL SAFETY MATERIAL SAFETY DATA SHEETS DATA SHEETS

(MSDS)(MSDS)

Chemical manufacturers, importers, and Chemical manufacturers, importers, and distributors—distributors—

Must develop a Material Safety Data Sheet Must develop a Material Safety Data Sheet for each hazardous chemical they produce for each hazardous chemical they produce or import and send it with the initial or import and send it with the initial shipment of the chemical and send a shipment of the chemical and send a revised MSDS any time the chemical revised MSDS any time the chemical composition of the product is changedcomposition of the product is changed


MSDSMSDS MUST CONTAIN MUST CONTAIN

Name and address of chemical Name and address of chemical manufacturer manufacturer

Organization preparing the MSDSOrganization preparing the MSDS Chemical name and common name of Chemical name and common name of

the productthe product Known acute or chronic health effectsKnown acute or chronic health effects Chemical hazard by inhalation, Chemical hazard by inhalation,

ingestion or skin absorptioningestion or skin absorption


MSDS MUST CONTAINMSDS MUST CONTAIN

Cancer-causing effects, if anyCancer-causing effects, if any Protective clothing to wear and Protective clothing to wear and

precautions to take when using precautions to take when using the chemicalthe chemical

Limits of exposure to the Limits of exposure to the substancesubstance

Emergency and first aid measuresEmergency and first aid measures


EMPLOYER’S EMPLOYER’S RESPONSIBILITYRESPONSIBILITY

School divisions must develop School divisions must develop and implement a training plan and implement a training plan for all employees who handle, for all employees who handle, store, or dispose of hazardous store, or dispose of hazardous chemicals chemicals


TRAINING PLANTRAINING PLAN

Location and means of maintaining Location and means of maintaining a current list of hazardous a current list of hazardous chemicals used in chemicals used in youryour work place work place

Description of how MSDS are Description of how MSDS are obtained, updated, made available obtained, updated, made available in in youryour work place, and filed work place, and filed centrally in a location easily centrally in a location easily accessible in the time of an accessible in the time of an emergencyemergency


TRAINING PLANTRAINING PLAN Description of the system used by the school division to Description of the system used by the school division to

label all hazardous chemicals not already labeled when label all hazardous chemicals not already labeled when shippedshipped

Description of the training provided by the school Description of the training provided by the school division regarding the Hazard Communication Standarddivision regarding the Hazard Communication Standard Written planWritten plan

Use and interpretation of information contained on Use and interpretation of information contained on MSDS and product labelsMSDS and product labels

Identification of hazards Identification of hazards Protection from hazardsProtection from hazards


YOURYOUR RESPONSIBILITY RESPONSIBILITY Hazard Communication Standard gives Hazard Communication Standard gives

you the “Right to Know” what hazards you the “Right to Know” what hazards youyou are exposed to in are exposed to in youryour work place work place

YouYou also have a responsibility to know also have a responsibility to know

Location of your school division’s Location of your school division’s written plan/program in written plan/program in youryour work work placeplace

Location of the list of chemical Location of the list of chemical hazards in hazards in youryour work place work place

Location of Materials Safety Data Location of Materials Safety Data Sheets (MSDS) in your work placeSheets (MSDS) in your work place


You You have a responsibility tohave a responsibility to

Attend training sessions on the Attend training sessions on the Standard when a new chemical Standard when a new chemical hazard is introduced and when the hazard is introduced and when the use of personal protective equipment use of personal protective equipment is explainedis explained

Read Read youryour school division’s training school division’s training program/planprogram/plan

Read Material Safety Data SheetsRead Material Safety Data Sheets Take recommended precautionsTake recommended precautions

Use personal protective equipment Use personal protective equipment providedprovided

Ask questions about chemicalsAsk questions about chemicals


QUESTIONS TO ASK QUESTIONS TO ASK WHERE IS THE WRITTEN HAZARD WHERE IS THE WRITTEN HAZARD

COMMUNICATION PROGRAM/PLAN COMMUNICATION PROGRAM/PLAN LOCATED?LOCATED?

WHERE IS A LIST OF CHEMICAL WHERE IS A LIST OF CHEMICAL HAZARDS TO WHICHHAZARDS TO WHICH I I MAY BE MAY BE EXPOSED TO IN THE WORK PLACE?EXPOSED TO IN THE WORK PLACE?

WHERE ARE THE MATERIAL WHERE ARE THE MATERIAL SAFETY DATA SHEETS FOR SAFETY DATA SHEETS FOR HAZARDOUS MATERIALS TO HAZARDOUS MATERIALS TO WHICH WHICH II MAY BE EXPOSED TO IN MAY BE EXPOSED TO IN THE WORK PLACE?THE WORK PLACE?


REGULATIONS GOVERNING REGULATIONS GOVERNING CRITERIA TO IDENTIFY TOXIC CRITERIA TO IDENTIFY TOXIC

ART MATERIALS; LABELING; ART MATERIALS; LABELING; USE IN ELEMENTARY GRADES USE IN ELEMENTARY GRADES

PROHIBITED PROHIBITED § 22.1-274.1§ 22.1-274.1

March 22, 1987March 22, 1987

Signed into Legislation—Code Signed into Legislation—Code of Virginiaof Virginia

Effective July 1, 1988Effective July 1, 1988


REGULATION BASED ON REGULATION BASED ON AMERICAN SOCIETY FOR AMERICAN SOCIETY FOR

TESTING MATERIAL TESTING MATERIAL STANDARDS STANDARDS


RESPONSIBILITYRESPONSIBILITY

ALLALL SCHOOL PERSONNEL SCHOOL PERSONNEL THAT THAT ORDER, DISTRIBUTE, AND USE ART ORDER, DISTRIBUTE, AND USE ART MATERIALS AT THE ELEMENTARY MATERIALS AT THE ELEMENTARY LEVEL K-GRADE 5 —INCLUDING THE LEVEL K-GRADE 5 —INCLUDING THE BUILDING ADMINISTRATOR CHARGED BUILDING ADMINISTRATOR CHARGED WITH THE PROGRAMWITH THE PROGRAM


Art Materials Ordered Art Materials Ordered and Used Virginia Schools and Used Virginia Schools

Grades K-5Grades K-5—Elementary —Elementary

• Art materials must be tested and deemed Art materials must be tested and deemed to be non-toxic and contain one of the to be non-toxic and contain one of the following conformance statements as following conformance statements as specified in the legislationspecified in the legislation

Conforms to ASTM Practice D-4236;Conforms to ASTM Practice D-4236;

Conforms to ASTM D-4236; orConforms to ASTM D-4236; or

Conforms to Health Requirements of Conforms to Health Requirements of ASTM D- 4236 ASTM D- 4236


The The conformance statementconformance statement should appear whenever should appear whenever practical on the material; practical on the material; however, it shall also be however, it shall also be acceptable to place the acceptable to place the statement on one or more of the statement on one or more of the followingfollowing Individual product packageIndividual product package

Display or sign at the point of purchaseDisplay or sign at the point of purchase

Separate explanatory literature available Separate explanatory literature available on request at the point of purchaseon request at the point of purchase

A response to a formal request for bid or A response to a formal request for bid or proposalproposal

A letter from the art material manufacturerA letter from the art material manufacturer


LABELING OF HAZARDOUS ART LABELING OF HAZARDOUS ART MATERIALS ACTMATERIALS ACT

PUBLIC LAW 100-695, 15 U.S.C. PUBLIC LAW 100-695, 15 U.S.C. § 1277§ 1277

November 1, 1990November 1, 1990

Legislation into law—Art Materials Legislation into law—Art Materials ManufacturersManufacturers

November 1, 1991November 1, 1991

Law—Law—All persons/school personnelAll persons/school personnel using using art materials with children under age 12art materials with children under age 12

This federal mandate compliments and supersedes This federal mandate compliments and supersedes Virginia’s Regulations Governing Criteria to Virginia’s Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited. § 22.1-274.1Elementary Grades Prohibited. § 22.1-274.1


WHO?WHO?

CHILDREN UNDER THE AGE OF CHILDREN UNDER THE AGE OF 1212


LABELINGLABELING

ALLALL ART MATERIALS MUST BE ART MATERIALS MUST BE TESTED AND LABELEDTESTED AND LABELED

Conforms to ASTM Practice D-Conforms to ASTM Practice D-4236;4236;

Conforms to ASTM D-4236; orConforms to ASTM D-4236; or

Conforms to Health Requirements Conforms to Health Requirements of ASTM D- 4236of ASTM D- 4236


LABELINGLABELING

ALLALL ART MATERIALS TESTED AND ART MATERIALS TESTED AND DEEMED TO BE TOXIC MUST DEEMED TO BE TOXIC MUST PROVIDEPROVIDE

Warning statement of the hazardWarning statement of the hazard Identification of the hazardous Identification of the hazardous

ingredientsingredients Guidelines for safe useGuidelines for safe use


LABELINGLABELING

EXAMPLEEXAMPLE

WARNING! WARNING! HARMFUL IF SWALLOWED HARMFUL IF SWALLOWED MAY PRODUCE BIRTH MAY PRODUCE BIRTH DEFECTS.DEFECTS.

Contains lead.Contains lead.

When using, do not eat, drink or When using, do not eat, drink or smoke smoke Wash hands Wash hands immediately after use. immediately after use. Should Should not be used by pregnant women. not be used by pregnant women.

Keep out of reach of children.Keep out of reach of children.

Conforms to ASTM D-4236Conforms to ASTM D-4236

(Name, address, and telephone number of (Name, address, and telephone number of manufacturer or importer)manufacturer or importer)


BIDS AND BIDS AND ORDERSORDERS

“Art materials contained in this bid must conform to Labeling of Hazardous Art Labeling of Hazardous Art Materials Act, Public Law Materials Act, Public Law 100-695, 15 U.S.C. 100-695, 15 U.S.C. § 1277. Proof of ASTM D-§ 1277. Proof of ASTM D-4236 conformance must 4236 conformance must accompany each art accompany each art material ordered.”material ordered.”


It is not the intent of these mandates that the identification, labeling, and removal of toxic art materials from use by children under the age of 12 limit, restrict, diminish the quality of the visual arts education program. Numerous safe art materials are available for use in place of those materials identified as toxic.


USE ONLY MATERIALS DESIGNATED AND TESTED

FOR USE AS ART MATERIALS IN GRADES K-12


Avoid certain art materials for students in pre-kindergarten through grade six or up to twelve years of age such as• No dust or powders

• No chemical solvents or solvent-containing products

• No aerosol spray cans, air brushes, and so forth

• No acids, alkalis, bleaches, or other corrosive chemicals

• No donated or found materials unless ingredients are known

• No old materials—they may be more toxic and have inadequate labeling

• No lead, metals, or cadmium products —these can be found in paints, glazes, metal work, and stained glass.


Substitution of non-toxic art Substitution of non-toxic art materials for hazardous art materials for hazardous art materials should be made a materials should be made a priority where feasible for priority where feasible for

students 12 years of age and students 12 years of age and olderolder


Cheryle C. Gardner Cheryle C. Gardner Principal Specialist of Fine Arts Principal Specialist of Fine Arts

Virginia Department of Virginia Department of Education P.O. Box Education P.O. Box 2120 2120

Richmond, VA 23218-2120 Richmond, VA 23218-2120 804/225-2881 804/225-2881 FAX 804/786-5466 FAX 804/786-5466

E- E-mail [email protected] [email protected]

11/03 virginia department of education welcome toxic art materials—do you know the law? cheryle c....

Documents

virginia safety

virginia department

code of virginia

product chemical

manufacturer slide

hazardous art materials

chemical composition

msds organization