The Illinois Toxic Substances Disclosure to Employees Act and the Hazard Communication Standard are both laws that give public sector workers in Illinois a right to know about the hazardous materials with which they work. The laws require that employers train employees about the health and safety hazards of the materials they use in order to make knowledgeable decisions about the personal risks of their employment. The Toxic Substances Disclosure to Employees Act, commonly referred to as the Illinois Employee Right-to-Know Law (RTK), became effective January 1, 1984. The Hazard Communication Standard became effective for public sector employees on July 1, 1988.

UIS is required to establish a Hazard Communication Programs to transmit information on the hazards of chemicals used by individuals in their department by labeling containers, ensuring material safety data sheets (MSDSs) are available, and providing training. All employees, including student workers, are covered by the standard.

The UIS Hazard Communication Program was designed to alert workers about hazardous chemicals by giving them greater access to information on the physical and health hazards of chemicals, safe handling precautions, and emergency and first aid procedures and to comply with the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard.

The Hazard Communication Program applies to all chemical use at UIS, except laboratory areas. Chemical use in laboratories is covered by the OSHA Laboratory Standard. Employees must be trained on the chemical hazards they may encounter in the workplace. At a minimum, training should include interpreting labels and material safety data sheets; acute and chronic health effects of exposure; hazardous chemical locations; handling procedures; personal protective equipment; first aid treatment; and clean-up and disposal guidelines. In accordance with the OSHA Hazard Communication Standard, certain chemicals are exempt from the standard, including hazardous wastes, food, wood, tobacco, and potentially hazardous substances such as drugs and cosmetics brought to the University for personal consumption. back

Under the Hazard Communication Program, individuals who work with hazardous chemicals have the right to know:

what chemical substances are present in the products they handle
what health effects these chemicals are capable of causing in the event of overexposure
what precautions are necessary to protect from exposure
what physical hazards (e.g., fire, explosion) are possible if the product is not handled properly
how to properly handle the product in order to avoid hazards back

Hazard Evaluation

A hazardous chemical is any element, chemical compound or mixture of elements or compounds that is a physical or health hazard. Manufacturers, importers, or distributors of chemicals are required to assess the physical and health hazards of their products. This information must be recorded on the product label and included in a material safety data sheet (MSDS).back

The manufacturer must label containers with the chemical name(s), hazard warnings, and the manufacturer�s name and address. The manufacturer�s label must not be removed or defaced. If the product is transferred from one container to another, the new container must be labeled with the product name, the names of all hazardous chemicals and/or the five most predominant chemical constituents, the Chemical Abstract Service (CAS) number for each chemical, and appropriate hazard warnings. If the chemical is transferred from a labeled container into a process container, that is, if the transferred material will be used within the workday by the person performing the transfer, the container does not need to be labeled as described above. back

Each employer covered by the Illinois Right-to-Know law must post a sign that summarizes employee rights. The sign must be posted in the area where employee notices are usually kept. back

The OSHA standard specifies that employees must be provided with and taught to interpret material safety data sheets (MSDSs) for the chemicals they use. Among other things, MSDSs cover:

The physical properties or health effects that make a material hazardous.
The level of protective gear required.
First aid treatment should an exposure occur.
Information needed for safe handling.
Accident response measures.

UIS must obtain and maintain an MSDS for each hazardous material in the workplace. These MSDS� must be accessible to individuals working with the products during all work hours. If an MSDS is not received with a chemical shipment, the department must obtain the MSDS within a reasonable amount of time. back

Each department must develop a written Hazard Communication Program which details how the department will comply with the provisions of the OSHA Standard. The program must include an inventory of hazardous materials used or stored by the department; handling of MSDSs, including where they will be maintained, how they will be obtained, and how to access them; labeling requirements; training requirements; contractor requirements; and provisions for non-routine tasks. The written program must be accessible to individuals during all work hours, and must be reviewed and updated at least annually.back

Departments must inform outside contractors of the potential hazards which may be encountered during their work at the University. This includes giving contractors access to the written Hazard Communication Program, the hazardous chemical inventory, and the MSDSs for these chemicals. Similarly, the contractor is expected to inform and provide departments with a chemical inventory and MSDSs for the materials that will be introduced into the work area. The contractor must also provide information regarding the location of chemical use and storage. back

All individuals who work with hazardous materials must receive training. General training is provided by UIS Facility Services, and covers the provisions of the federal OSHA Hazard Communication Standard including:

the location and availability of the written Hazard Communication Program, the chemical inventory, and MSDSs�
the nature and potential health and safety risk of specific hazardous substances to which individuals may be exposed in the course of their work� the proper handling, under all circumstances, of hazardous materials in the workplace, the appropriate emergency treatment for exposures,
procedures for clean-up of leaks and spills,
the location of hazardous materials in the workplace,

Each department is responsible for assuring that workers attend training and for keeping attendance records of this training. Special hazards which workers may encounter when performing non-routine duties in the course of their work must be discussed with the worker before the job begins. It is the responsibility of the supervisor to ensure that workers receive specialized training, as needed. Facility Services may provide assistance in evaluating the hazards and determining the appropriate precautions. back

Employees have other rights under the RTK laws in addition to information access. Employees are protected from discrimination for requesting information. Employees may not be fired, demoted, have pay cut, lose seniority, or be harassed in any manner for exercising any rights guaranteed by the RTK laws. This includes current employees, prospective employees and employee representatives who make a claim, file a complaint, or testify at a If a person believes his rights under the Right-to-Know laws have been violated, a complaint may be filed with the Illinois Department of Labor. If the complainant wishes, the complainant's identity will be kept anonymous. The complaint may be by telephone or letter, and the information needed is the facility name and address; the contact person; number of persons exposed; and the type of material being used, produced, or stored on the work site.

The Department of Labor resolves complaints by conference, conciliation, and persuasion. If this fails, a hearing is held. If the employer is found to be in violation of the laws, penalties and punitive damages can be assessed. The Right-to-Know laws are designed to provide you with information. Other safety and health regulations require employers to provide adequate ventilation, personal protective gear, air monitoring, and worker compensation for injury or illness due to hazardous materials. The Public Safely Inspection and Education Section of the Illinois Department of Labor can provide assistance and referrals for these types of problems. back