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I. Legal Aspects of Laboratory Safety |
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Several parties are potentially
liable in the event of a charge of negligence in the science laboratory: the
state, the school district, the school board, the school administration, and
the teacher. Among these, the classroom teacher is most likely to be placed
in the position of being the accountable person. It
makes little difference whether you teach in the elementary classroom, middle
school classroom, high school classroom, or outdoor education facility. The
classroom teacher is ultimately responsible for the welfare of the student. The classroom science teacher has
basic responsibilities related to the legal concept of negligence. These
include– · exercising good judgment in planning,
conducting, and supervising instruction, · maintaining laboratory and safety equipment
necessary to carry out instruction safely, and · documenting that appropriate
safety instruction has taken place. A. What Constitutes a Negligent Act? Legal action against a teacher
stems from the presumption that he or she is the expert in the laboratory
and, as such, has the responsibility to ensure that exercises and operations
are carried out in a prudent and safe manner. Liability exists to the extent
that an injury can be shown to be the result of some action or inaction on
the part of the teacher. ·
Negligence: A teacher may be deemed negligent
if he or she allows a foolish or imprudent act to be committed; is careless
in performing a demonstration; neglects a pre-existing unsafe condition; or
neglects to warn of any hazards associated with an exercise, operation or
demonstration. ·
Degree of Negligence: A teacher may be found fully,
partially, or not at fault at all depending upon how the court judges
culpability among the following: ·
The degree to which the teacher is judged to have been able to
prevent or foresee the results of the action. ·
The student's injuries were a result of the student's own
action. ·
The accident came about as the result of circumstances over
which the teacher had no control or could not reasonably have been able to
foresee. ·
The extent to which the teacher's actions were reasonable and
prudent. 1. Four elements
must exist for a liability tort to be brought: a. A legal duty of
one person to another, as a teacher's duty to protect the students in his or
her charge b. A breach of this
duty existing between two parties c. Personal injury
or monetary damages directly caused by the breach in legal responsibility d. Legal breach of
responsibility judged to be the proximate cause of the injury or damage 2. Such a breach may
arise in one of three ways: a. Misfeasance: the defendant
acts in an improper manner. b. Nonfeasance: the defendant
did not act at all when he or she had a duty to act. c. Malfeasance: the defendant
acts with a bad motive or inflicts deliberate injury. The following steps are recommended
to avoid negligence and forestall claims of negligence. These actions must be
documented in case of future legal action. This documentation could include
such items as a signed rules agreement, results of a safety quiz,
pre-laboratory tests with safety questions, a plan book with notation of the
safety rules covered for each laboratory activity on the day the activity was
done, safety rules written into a notebook prior to performing the exercise
or operation, and safety rules clearly indicated on any laboratory
instruction sheets given to the students. A
reasonable and prudent teacher - 1. provides prior warning of any hazards associated with an
activity. 2. demonstrates the essential portions of the
activity. 3. provides active supervision. 4. provides sufficient instruction to make the activity and its
risks understandable. 5. ensures that all necessary safety equipment is available and in
good working order. 6. has sufficient training and equipment available to handle
an emergency. 7. ensures that the place of the activity is as safe as reasonably
possible. The design, construction and operation
of elementary and secondary school science classrooms and laboratories are
affected by a number of federal laws and the regulations of several federal
agencies. Administrators and teachers must be aware of the requirements
imposed by these laws and regulations. Each numbered paragraph below concerns
a law or an agency whose requirements must be met by schools. Although there
are areas of overlap, these paragraphs should act as a general statement on
the specific areas that are the responsibility of each agency. The
abbreviation “CFR” stands for Code of Federal Regulations. 1. Americans with
Disabilities Act (ADA) Public
schools are required to comply with provisions of the Americans with Disabilities
Act of 1990. Students with disabilities are entitled to a level of laboratory
experience appropriate to the individual student. •See
the publication of the Committee on Chemists with Disabilities, American
Chemical Society, Teaching Chemistry to
Students with Disabilities. The
following website offers more information on this topic: 2. Occupational
Safety and Health Administration (OSHA) In 1970
the U.S. Congress passed the Occupational Safety and Health Act. The act
requires that certain precautions be observed and certain actions taken to
protect the health and safety of employees on the job. Teachers are
considered employees under the act, but students are not covered.
Nevertheless, the prudent teacher will conduct the science classroom in such
a manner that the regulations are followed by all occupants. Following OSHA
precautions for all classroom or laboratory occupants is good safety
practice. Such practice may also help to establish a prima facie defense in
the event of a liability litigation. The
following websites offer more information on this topic: a. Bloodborne Pathogens. Concerns about
workplace exposures to blood-borne pathogens led the Occupational Safety and
Health Administration (OSHA) to issue regulation 29CFR 1910.1030 in 1991.
Employers are required to prepare a plan to control blood-borne pathogen
exposure, including the adoption of universal precautions to prevent exposure
to blood-borne pathogens such as HIV and Hepatitis B. This statute applies
not only to blood but to other body fluids. •See
Chapter IX.D.1.d, Body Fluids and Bloodborne
Pathogens. b. Hazard
Communication Standard (Right to Know). In 1983 the Federal Hazard
Communication Standard (29CFR 1910.1200) became law. Basically, this law
requires employers whose employees use toxic substances to provide these
employees with (1) material safety data sheets (MSDS) that describe the
properties, safe handling, and health hazards of the toxic materials; (2)
labeling of all toxic substances with product name and a hazard warning; and
(3) annual training on the hazards of toxic substances, safe handling
procedures, and how to read MSDS. c. Occupational
Exposures to Hazardous Chemicals in Laboratories. This legislation
(29CFR 1910.1450) requires all employers who are engaged in laboratory use of
hazardous chemicals to appoint a chemical hygiene officer and develop a
chemical hygiene plan. The plan should detail how each employee will be
protected from overexposure to hazardous materials and describe specific work
practices and procedures in the laboratory to minimize employee risk.
Students are not considered employees under this law. However, this standard
is based on the assumption that safety experts agree on a set of standards
and practices for laboratory work that should be integrated into the chemical
hygiene plan. This body of knowledge becomes the standard by which a teacher
is judged for negligence. 3. Environmental
Protection Agency (EPA) The
Environmental Protection Agency regulates the disposal of hazardous wastes,
including wastes from academic laboratories. One or more sections of the
following parts of 40CFR are of interest to teachers: 261-2, 266, 268, 302,
311, 355, 370, and 372. The
following websites offer more information on this topic: 4. Department of
Transportation (DOT) Whenever
reagent chemicals or hazardous wastes are transported (except between
buildings of a single campus), the materials must be packaged in accordance
with DOT regulations. Sections 171-77 of 49CFR contain information relevant
to school science programs. The
following websites offer more information on this topic: |
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