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  1. WELCOME TOXIC ART MATERIALS—DO YOU KNOW THE LAW? Cheryle C. Gardner Principal Specialist of Fine Arts Virginia Department of Education

  2. WHAT ARE THE LAWS? • The Hazard Communication Standard Labeling of Hazardous Art Materials VOSH 1910.1200 • Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited § 22.1-274.1 Code of Virginia • Labeling of Hazardous Art Materials Public Law 100-695, 15 U.S.C. § 1277

  3. WHAT IS A TOXIC ART MATERIAL? An art material that contains any substance which can cause acute or chronic injury to the human body, or which is suspected of being able to cause diseases or injury under some conditions

  4. The Hazard Communication StandardVOSH 1910.1200 August 17, 1984 Adopted by the Virginia Safety and Health Codes Board of the Virginia Department of Labor and Industry “Right to Know Law” Effective November 25, 1985

  5. WHO DOES THE LAW EFFECT? • Manufacturers • Importers • Distributors • Public Sector Employees—YOU

  6. Virginia Standard—VOSH 1910.1200 identical to Federal OSHA Standard 1910.1200 except Virginia Standard covers public sector employees

  7. MANUFACTURER’S RESPONSIBILITIES • Labels • Material Safety Data Sheets (MSDS)

  8. LABELS Chemical manufacturers, importers, and distributors— Must ensure that all containers of hazardous chemicals leaving their work places are labeled with • Name of the hazardous chemical • Appropriate hazard warnings for employees • Name and address of the manufacturer

  9. MATERIAL SAFETY DATA SHEETS (MSDS) Chemical manufacturers, importers, and distributors— Must develop a Material Safety Data Sheet for each hazardous chemical they produce or import and send it with the initial shipment of the chemical and send a revised MSDS any time the chemical composition of the product is changed

  10. MSDS MUST CONTAIN • Name and address of chemical manufacturer • Organization preparing the MSDS • Chemical name and common name of the product • Known acute or chronic health effects • Chemical hazard by inhalation, ingestion or skin absorption

  11. MSDS MUST CONTAIN • Cancer-causing effects, if any • Protective clothing to wear and precautions to take when using the chemical • Limits of exposure to the substance • Emergency and first aid measures

  12. EMPLOYER’S RESPONSIBILITY School divisions must develop and implement a training plan for all employees who handle, store, or dispose of hazardous chemicals

  13. TRAINING PLAN • Location and means of maintaining a current list of hazardous chemicals used in your work place • Description of how MSDS are obtained, updated, made available in your work place, and filed centrally in a location easily accessible in the time of an emergency

  14. TRAINING PLAN • Description of the system used by the school division to label all hazardous chemicals not already labeled when shipped • Description of the training provided by the school division regarding the Hazard Communication Standard • Written plan • Use and interpretation of information contained on MSDS and product labels • Identification of hazards • Protection from hazards

  15. YOUR RESPONSIBILITY • Hazard Communication Standard gives you the “Right to Know” what hazards you are exposed to in your work place • You also have a responsibility to know • Location of your school division’s written plan/program in your work place • Location of the list of chemical hazards in your work place • Location of Materials Safety Data Sheets (MSDS) in your work place

  16. You have a responsibility to • Attend training sessions on the Standard when a new chemical hazard is introduced and when the use of personal protective equipment is explained • Read your school division’s training program/plan • Read Material Safety Data Sheets • Take recommended precautions • Use personal protective equipment provided • Ask questions about chemicals

  17. QUESTIONS TO ASK • WHERE IS THE WRITTEN HAZARD COMMUNICATION PROGRAM/PLAN LOCATED? • WHERE IS A LIST OF CHEMICAL HAZARDS TO WHICH I MAY BE EXPOSED TO IN THE WORK PLACE? • WHERE ARE THE MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS MATERIALS TO WHICH I MAY BE EXPOSED TO IN THE WORK PLACE?

  18. REGULATIONS GOVERNING CRITERIA TO IDENTIFY TOXIC ART MATERIALS; LABELING; USE IN ELEMENTARY GRADES PROHIBITED § 22.1-274.1 March 22, 1987 Signed into Legislation—Code of Virginia Effective July 1, 1988

  19. REGULATION BASED ON AMERICAN SOCIETY FOR TESTING MATERIAL STANDARDS

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

  21. Art Materials Ordered and Used Virginia Schools Grades K-5—Elementary • Art materials must be tested and deemed to be non-toxic and contain one of the following conformance statements as specified in the legislation • Conforms to ASTM Practice D-4236; • Conforms to ASTM D-4236; or • Conforms to Health Requirements of ASTM D- 4236

  22. The conformance statement should appear whenever practical on the material; however, it shall also be acceptable to place the statement on one or more of the following • Individual product package • Display or sign at the point of purchase • Separate explanatory literature available on request at the point of purchase • A response to a formal request for bid or proposal • A letter from the art material manufacturer

  23. LABELING OF HAZARDOUS ART MATERIALS ACTPUBLIC LAW 100-695, 15 U.S.C. § 1277 November 1, 1990 Legislation into law—Art Materials Manufacturers November 1, 1991 Law—All persons/school personnel using art materials with children under age 12 This federal mandate compliments and supersedes Virginia’s Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited. § 22.1-274.1

  24. WHO? CHILDREN UNDER THE AGE OF 12

  25. LABELING ALL ART MATERIALS MUST BE TESTED AND LABELED • Conforms to ASTM Practice D-4236; • Conforms to ASTM D-4236; or • Conforms to Health Requirements of ASTM D- 4236

  26. LABELING ALL ART MATERIALS TESTED AND DEEMED TO BE TOXIC MUST PROVIDE • Warning statement of the hazard • Identification of the hazardous ingredients • Guidelines for safe use

  27. LABELING EXAMPLE WARNING! HARMFUL IF SWALLOWED MAY PRODUCE BIRTH DEFECTS. Contains lead. When using, do not eat, drink or smoke Wash hands immediately after use. Should not be used by pregnant women. Keep out of reach of children. Conforms to ASTM D-4236 (Name, address, and telephone number of manufacturer or importer)

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

  29. 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.

  30. USE ONLY MATERIALS DESIGNATED AND TESTED FOR USE AS ART MATERIALS IN GRADES K-12

  31. Avoid certain art materials for students in pre-kindergarten through grade six or up to twelve years of agesuch 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.

  32. Substitution of non-toxic art materials for hazardous art materials should be made a priority where feasible for students 12 years of age and older

  33. Cheryle C. Gardner Principal Specialist of Fine Arts Virginia Department of Education P.O. Box 2120 Richmond, VA 23218-2120 804/225-2881 FAX 804/786-5466 E-mail cgardner@pen.k12.va.us