14 Del. Admin. Code § 885
The purpose of this regulation is to outline the criteria and processes for chemical storage and use in the classroom, laboratory, or other instructional areas. This regulation sets forth the requirements for the safe procurement, management, storage, and disposal of chemicals. Additional information may be found in theSafety First: Safe Instructional Practices in the Classroom and Laboratory manual.
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly states otherwise:
“Carcinogen” means any known or suspected chemical that can cause cancer.
“Chemical” meansany element, compound, or mixture of elements or compounds.
"Chemical Inventory" means a list of all materials and chemicals for which a Safety Data Sheet or "SDS" must be maintained.
“ Chemical Name” means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or "IUPAC" or the Chemical Abstracts Service or "CAS" rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard analysis.
"Chemical Procurement" means the acquisition of any chemicals.
“ Common Name” means any designation or identification such as a code name, code number, trade name, brand name, or generic name used to identify a chemical other than its chemical name.
“ Corrosive” means causing visible destruction of or irreversible alterations in living tissue by chemical action at the site of contact.
"Department" means the Delaware Department of Education.
"Engineering Control" means a physical modification to a process, or process equipment, or the installation of further equipment with the goal of preventing the release of contaminants and improve safety conditions.
“Explosive”means causing a sudden, almost instantaneous release of pressure, gas,and heat when subjected to sudden shock, pressure, or high temperature.
“Expose” or "Exposure" means an instance where an individual is subjected to or potentially subjected to a hazardous chemical through any route of entry (inhalation, ingestion, skin contact or absorption, etc.).
“Hazardous Chemical” meansany element, compound or mixture of elements which presents a physical hazard or health hazard.
“Health Hazard” means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed persons. The term "Health Hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. The Safety Data Sheet or "SDS" will provide information to determine whether or not the chemical is a health hazard.
“Instructional Area” means a room or defined space used for an educational activity such as a classroom, a laboratory, a field, a special building, greenhouse, or any other space where educational activities may take place.
“Long-Term Storage” means the storage of any chemical for a time period past the end of the school day.
“Non-hazardous Chemical” means any element, compound or mixture of elements or compounds which do not present a physical hazard or health hazard as indicated by the Safety Data Sheet.
“Occupational Safety and Health Administration” or "OSHA" means the government agency which is part of the United States Department of Labor that develops guidelines to maintain a healthy and safe working environment.
"Personal Protective Equipment" or "PPE" means equipment worn to minimize exposure to hazards that cause serious injuries and illnesses. These injuries and illnesses may result from contact with chemical, radiological, physical, electrical, mechanical, or other hazards. Personal protective equipment may include, but is not limited to, items such as gloves, safety glasses and shoes, earplugs or muffs, hard hats, respirators, or coveralls, vests and full body suits.
“Physical Hazard” means a chemical which is identified by the Safety Data Sheet as a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
“Safety Data Sheet” or "SDS" means a document that contains information on the potential health effects of exposure to chemicals, or other potentially dangerous substances, and on safe working procedures when handling chemical products. It contains hazard evaluations on the use, storage, handling and emergency procedures related to that material. The Safety Data Sheet contains more information about the material than the label and is prepared by the supplier. It is intended to tell what the hazards of the product are, how to use the product safely, what to expect if the recommendations are not followed, what to do if accidents occur, how to recognize symptoms of overexposure, and what to do if such incidents occur.
“Safety First: Safe Instructional Practices in the Classroom and Laboratory Manual” means the collection of documents that outline the mandatory safety procedures regarding the safe management, storage, and disposal of chemicals for instructional areas in Delaware public schools and which may be amended from time to time as published in the Delaware Register of Regulations. The manual also provides safety practices that are governed by this regulation. This document is available on Digital DE: https://education.delaware.gov/digital-de/instructional-resources/content-specific-resources/.
“Short-Term Storage” means the storage of any chemical for a time period before the end of the school day.
“Storage” means a space for the containment of chemicals or other materials.
“Surplus Chemical” means any chemical that is no longer useable or needed.
“Useable” means that the chemical or other material has not surpassed its expiration date.
This regulation is applicable to all public schools, including charter schools and all programs they offer, not already regulated by OSHA standards, including but not limited to science education (including classrooms, laboratories, combination classroom and laboratory settings, and outdoor education settings); Career and Technical Education; Technology and Engineering Education; Agricultural Education; Family and Consumer Science Education, Art Education; and Athletics or Athletic Training.
4.1 All Delaware public schools shall have a Chemical Hygiene Plan that outlines specific school district’s or charter school’s procedures in the area of staff and student chemical safety. The plan shall include at least the following:
4.1.1 Identification of at least one Chemical Hygiene Officer for the school district or charter school who shall:
5.1 Each school district and charter school shall prepare a chemical inventory for each of its schools by September 15 of each year. A copy of this chemical inventory, along with the respective SDS, shall be maintained by the school principal or head of school, chief custodian, and the identified Chemical Hygiene Officer. Additionally, copies shall be maintained in the chemical storage area and with the school nurse or school health manager. The chemical inventory, both hazardous and non-hazardous, shall contain at least the following information:
8.1 Instructional staff shall provide annual training in the safe management of chemicals to all students in instructional areas that use chemicals. All students shall sign a student safety acknowledgement at the conclusion of this training. The training shall be age and grade appropriate for the students and shall include at least the following:
9.2 Disposal of surplus hazardous chemicals shall only be disposed of through the use of a licensed waste hauler.
10.1 Basic safety equipment shall be installed in all instructional areas that use hazardous chemicals and shall conform to the requirements outlined inSafety First: Safe Instructional Practices in the Classroom and Laboratory. Non-traditional instructional areas such as an outdoor classroom or an agricultural field shall include all of the safety equipment as warranted and deemed necessary based on the hazard level of the lesson and materials being used in the instruction of students. Basic safety equipment shall include at least the following items:
Each school district or charter school shall submit an assurance letter annually to the Department's Education Associate, Science no later than November 15. The assurance letter shall verify that the school district or charter school's hazardous chemical management program has been reviewed for compliance, and is compliant with this regulation and the corresponding sections ofSafety First: Safe Instructional Practices in the Classroom and Laboratory.