University of Minnesota | Duluth
Employee Right-to-Know
Plan
[YOUR DEPARTMENT NAME]
Prepared by: [Coordinator’s Name]
Date: [___________]
Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
FORWARD
In 1983, the Minnesota Legislature passed the Employee Right-to-Know (ERTK) Act, requiring all
employers to develop written training programs for their employees regarding the hazardous
substances, harmful physical agents and infectious agents they are routinely exposed to in the
workplace. To guide employers with creating these training programs, Minnesota OSHA underwent
public rulemaking to add Chapter 5206 to the Minnesota Rules, which spells out the required
contents of the program, including training, labeling and additional information.
In September 10, 2012, MNOHSA adopted the new GHS (Globally Harmonized System for the
classification and labeling of chemicals), a worldwide effort to standard hazardous communications.
The new GHS requires using specific criteria for container labeling including pictograms/symbols,
and a harmonized format for safety data sheets using a standardized 16‐element format. In brief, Per
MN Rule 5206, the written program must include:
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A plan for providing training to employees prior to initial or change in work assignment or
conditions, and annual refresher training, including an outline of training content;
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Methods for making ERTK information, such as safety data sheets (SDSs), readily accessible
to employees in their work areas;
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A description of how labels, placards and signs will be used to identify hazardous materials
or work areas where harmful physical agents are generated at levels approaching regulatory
limits;
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A list of hazardous substances and agents present in the workplace; and
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The methods used to inform employees of the hazards of infrequent tasks
The following employee right-to-know program is based on a template from the MNOSHA plan
tailored to fit University departments’ needs. Please Call EHSO at 726-7273 or 726-6917 if you
have questions about this program or on how to implement it.
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
STATEMENT OF POLICY
The [Insert Department Name here] is committed to maintaining a safe and healthy work
environment in all its facilities, and recognizes that a plan to educate/inform employees about the
dangers of exposure to hazardous Chemicals, Physical and infectious agents is important.
This written plan is established to ensure that the [Insert Department Name here] is complying
with the Minnesota OSHA Employee Right-to-Know (ERTK) standard by
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Providing all employees training about the hazardous materials, harmful physical agents and
infectious agents to which they are exposed on the job.
Compiling a list of the hazardous chemicals used by employees in all department operations
Collecting and compiling Safety Data Sheets (SDSs) used in our facilities
Compiling a list of harmful agents employees are exposed to and their corresponding
reference materials,
Ensuring that containers are labeled according to new GHS criteria and signs are present in
the hazardous areas.
SCOPE AND APPLICATION
This program applies to all work operations where employees may be exposed to hazardous
substances, harmful physical agents or infectious agents under normal working conditions or during
an emergency situation. This program does not apply to laboratory employees
With this program [Insert Department Name here] employees will be informed of the content of
the Minnesota OSHA Employee Right-to-Know standard, the hazardous properties of the chemicals
they work with, the safe handling procedures and proper measures to take to protect themselves from
these chemicals. They will also be informed of the hazards associated with non-routine tasks. The
department and the University will make every effort to inform employees of any hazards created by
other employers and their employees working in area where our employees are.
RESPONSIBILITIES
[Name or job title] is the program coordinator and has overall responsibility for the program.
[Name or job title] will review and update the program, as necessary including the following:
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Compile the names of all department employees who because of the nature of their jobs are
included under the ERTK
Compile a list of all hazardous materials used and their corresponding Safety Data Sheets
(SDS)
Compile a list of all harmful physical and infectious agents present in the workplace and their
corresponding SDS or reference materials
Ensure all chemical containers used in the workplace are labeled according the new GHS
labeling requirements and all area where there is a harmful physical agent are labeled.
Ensure all employees are aware of this written plan and arrange for training.
Copies of this written program may be obtained from [Name or job title].
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
TRAINING
Everyone who works with or is potentially exposed to hazardous chemicals, harmful physical agents
or infectious agents will receive initial training about the Employee Right-to-Know standard (ERTK)
and the safe use of those chemicals or agents prior to work assignment. A Training program has
been prepared for this purpose and is outlined below. Also Whenever a new hazard is introduced,
additional training will be provided, or at least the employee will be given the opportunity to review
the SDS and sign a form (see appendix 6) acknowledging receipt of the information. Training
updates will be performed at least annually and may be brief summaries of information included in
previous training sessions. The program coordinator is responsible for ensuring this training is
provided.
TRAINING CONTENT
The employee right-to-know training will include:
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A summary of the standard and this written program;
The chemical and physical properties of hazardous materials and methods that can be used to
detect the presence or release of chemicals.
The physical hazards of chemicals (e.g., potential for fire, explosion, etc.);
The name of the substance or agent and the level or concentration at which exposure to the
hazard is permitted (Permissible Exposure Limits1), or if no levels have been adopted,
according to guidelines established by competent professional groups (i.e. ACGIH TLVs2, or
NIOSH RELs3);
The health hazards, including signs and symptoms, associated with exposure to chemicals,
harmful physical agents and infectious agents, and any medical condition known to be
aggravated by exposure to these hazards;
The procedures to protect against those hazards (e.g., use and maintenance of personal
protective equipment; work practices or methods for proper use and handling of chemicals;
and procedures for emergency response);
The work procedures to follow to assure protection when cleaning up incidental spills and
leaks of hazardous chemicals;
The location in the facility where SDSs, physical agent data sheets (PADSs) and infectious
agents information can be found;
Information on how to read, interpret, and use the new SDS, MSD, and PADSs;
Instruction about how to read and interpret the information on labels including explanation of
the GHS label components i.e. product identifier, the new hazard pictograms, signal words,
the hazard statement and the precautionary statement.
Any additional information about how employees may obtain additional hazard information.
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
RECORD KEEPING
Records of training will be maintained for three years in the department or area Safety Compliance
Documentation Manual and will include:
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The dates of training;
The name, title and qualifications of the person who conducted the training;
The names and ID# of the employees who completed the training; and their signature
A brief summary or outline of the information that was included in the training session.
A copy of the training record form is included in appendix-1
LIST OF HAZARDOUS CHEMICALS
[Name or job title] has compiled the following list of all hazardous substances, names of exposed
employees, and corresponding work area in the facility, and will update the list as necessary. The list
of chemicals identifies all of the chemicals used per work areas. The list also identifies the
corresponding SDS for each chemical. See appendix-1 for a copy of the list.
LIST OF HARMFUL PHYSICAL AGENTS (if applicable to the facility)
[Name or job title] has compiled a list of all the harmful physical agents that are present in the
workplace in amounts approaching regulatory limits i.e. < 85 dBA for noise, through equipment use,
product handling, etc. Heat, noise, ionizing radiation and nonionizing radiation sources have been
identified for each work area. And a risk assessment has been conducted to quantify the hazard and
ensure compliance with other pertinent state or federal standards. Each list also identifies the
corresponding physical agent data sheet for each source. The list of all physical agents can be found
in appendix-3. For Noise levels (NL) > 85dBA compliance with the UMD Hearing Conservation
Program is required.
The list of physical agents may include:
 Noise
 Ionizing Radiation and Non-Ionizing Radiation
 Heat
 Cold
 UV radiation
 Laser
 Vibration
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
LIST OF INFECTIOUS AGENTS (if applicable to the facility, or when workers
are assigned first aid responsibilities as part of their job duties)
[Name or job title] has created a list of infectious agents that workers are routinely exposed to in the
course of assigned work. This includes designated first aid providers who have potential exposure to
bloodborne pathogens. For further information, see the University Exposure Control Plan for the
facility that meets the requirements set forth in 29 CFR 1910.1030 and that covers all infectious
agents, including bloodborne pathogens. If applicable the list can be found in appendix-4
Infectious Agents Data Sheets (IADS) may be obtained from the UMD EHS office.
SAFETY DATA SHEETS (SDS)
Safety Data Sheets (SDS) provide specific information about the chemicals and are an essential
component of the UMD Occupational Safety and Health Program and this ERTK plan. The program
coordinator is responsible for acquiring and updating the SDS list will maintain a binder in [location
Name] with an SDS about every substance on the list of hazardous chemicals identified in the
facility are listed in appendix-2.
The program coordinator will contact the chemical manufacturer or vendor if additional research is
necessary or if an SDS has not been supplied with an initial shipment. All facility supervisors will
assist the program coordinator in collecting or forwarding the SDS of all materials they purchased
/brought into the facility.
HARMFUL PHYSICAL AGENTS INFORMATION (if applicable to the
facility)
The program coordinator is responsible for acquiring a Physical Agent Data Sheet (PADS) or
comparable written information about the identified harmful physical agents employees may be
exposed to in the course of assigned work From the Office of Environmental Health and Safety. The
PADS or other written information will be maintained in a binder in [location].
INFECTIOUS AGENT INFORMATION (if applicable to the facility)
Information
about infectious disease hazards in the workplace can be found in the University
Exposure Control Plan. A printed copy is located in [location].
LABELS AND OTHER FORMS OF WARNING
The program coordinator will ensure all hazardous chemical containers in the facility are properly
labeled and updated as necessary. Manufacturer’s container labels should be left on the containers if
possible and must list, at a minimum, the chemical’s identity or product identifier, the new hazard
pictograms, signal words, the hazard statement and the precautionary statement, as well as the name
and address of the manufacturer, importer or other responsible party.
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
If chemicals are transferred from a manufacturer’s container into another container, the new
container must have a label that identifies the chemical identity and any appropriate hazard warning.
It must include at least the following for element of the new GHS labeling system, i.e. the Product
identifier, the required pictogram(s), and the hazard statement. Immediate-use containers, which are
containers of hazardous substances remaining under the control of one employee and that are
emptied during the same work shift, need not be labeled. See the UMD Step by Step to Container
Labeling
The program coordinator will ensure equipment or work areas that specifically generate harmful
physical agents at a level that may be expected to approximate or exceed the permissible exposure
limit or applicable action level are posted with the name of the physical agent and the appropriate
hazard warning.
The exposure control plan for the facility addresses the labeling procedures for receptacles
containing potentially infectious material.
NON-ROUTINE TASKS
When employees are required to perform hazardous non-routine tasks, the UMD Environmental
Health and Safety Staff will conduct a special training session to inform the employees about the
hazardous chemicals they might be exposed to and the proper precautions to take to reduce or avoid
exposure. SDSs will be made available about the hazardous chemicals used. The program
coordinator is responsible for ensuring this training is provided.
MULTI-EMPLOYER WORKPLACE
A work area or building becomes a multi employer workplace when contractors such as service
representatives or subcontractors or FM employees are performing repair, maintenance, or
construction at your building, or work area, in this case the program coordinator along with the
appropriate EHSO staff will:
1. Obtain SDSs copies of the material/substance used from Facilities Management and share it
with the department or affected staff, as well as inform the staff of any precautionary
measure they need to take to avoid exposure.
2. Provide the visiting employers with SDS for any relevant hazardous substances present at
the worksite that the visiting employees may be exposed to while working at your facility;
3. Inform the other employer of any precautionary measures that need to be taken to protect the
employees during both normal working conditions and in foreseeable emergencies; and
4. Inform the other employer about the labeling system used in the facility.
The program coordinator will document in writing that the above information was conveyed to the
other employer.
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
FREQUENCY OF TRAINING
The program coordinator jointly with department safety committee and the appropriate staff from
UMD EHS Office will review the employee training program on a regular basis and will advise
management regarding initial or annual refresher training needs. Retraining is also required
whenever a new hazard is introduced into the workplace. As part of the assessment of the training
program, the program coordinator will obtain input from employees regarding the training they have
received and their suggestions for improving it. This review will be performed annually; necessary
revisions will be made to ensure training is current and applicable.
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
Employee Right-To-Know
Annual Program Review Documentation
The following activities have been completed:
Is Written Plan up-to-date?
Has hazardous substance inventory been updated?
Has physical agents inventory been updated?
Is training up to date?
Are all SDS up to date?
Is labeling up to date and all chemicals are properly labeled?
All portable containers are properly labeled
_____Yes,
_____Yes,
_____Yes,
_____Yes,
_____Yes,
_____Yes,
_____Yes,
_____No
_____No
_____No
_____No
_____No
_____No
_____No
Training
Number of Training
Courses Presented:
Types of Training Provided
Number of Employees
Trained:
New employee RTK training:
Work-area-specific training:
New-substance training:
Other training:
Total courses & employees
Hazardous Substances & Physical Agents
Hazardous Substances in Use
Safety Data Sheets on File:
Previous Total
New This Year
Revised Total
If any of the above activities are not complete, explain:
Completed By: ______________________________________ Date: ________________________
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
PLAN APPROVALS
________________________________________
Program coordinator
________________________
Date
________________________________________
Reviewed by
________________________
Date
________________________________________
Upper Management Approval (Name & title)
________________________
Date
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
APPENDIX-1: TRAINING DOCUMENTATION FORM
University of Minnesota | Duluth
Hazardous Substance, Employee Right-to-Know Standard
(MN-OSHA Rules Chapter 5206)
TRAINING RECORD
Date:
Location:
Department Name
Length of Training
Name of Trainer
Qualifications of Trainer
Job Title of Trainer
Occupational Health Safety and Environmental Compliance Professional
Covered Subjects
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A summary of the standard and the ERTK written program;
The chemical and physical properties of hazardous materials and methods that can be used to detect
the presence or release of chemicals.
The physical hazards of chemicals (e.g., potential for fire, explosion, etc.);
The level or concentration of the substance at which exposure to the hazard is permitted (Permissible
Exposure Limits), or if no levels have been adopted, according to guidelines established by competent
professional groups (i.e. ACGIH TLVs, or NIOSH RELs);
The health hazards, including signs and symptoms, associated with exposure to chemicals, harmful
physical agents and infectious agents, and any medical condition known to be aggravated by exposure
to these hazards;
The procedures to protect against those hazards (e.g., use and maintenance of personal protective
equipment; work practices or methods for proper use and handling of chemicals; and procedures for
emergency response);
The work procedures to follow to assure protection when cleaning up incidental spills and leaks of
hazardous chemicals;
The location in the facility where SDSs, physical agent data sheets (PADSs) and infectious agents
information can be found;
Information on how to read, interpret, and use the new SDS, MSD, and PADSs;
Instruction about how to read and interpret the information on labels including explanation of the
GHS label components i.e. product identifier, the new hazard pictograms, signal words, the hazard
statement and the precautionary statement.
CERTIFICATION
Name
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Employee ID #
Signature
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
APPENDIX-2: LIST OF HAZARDOUS CHEMICALS
Work Area/Job
Task
Employee Name
Chemicals
used
SDS Available
SDS up-to-date
The List of hazardous chemicals shall also include all hazardous substances generated during work
operations. And exposure to these substances shall also be documented. Some examples include:
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Welding fumes
Wood and other dusts
Carbon monoxide generated by propane or gas powered vehicles
Nitrogen Dioxide, or Sulfur Dioxide from diesel powered vehicles
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
APPENDIX-3: LIST OF PHYSICAL AGENTS
Work Area/Job
Task
Employee Name
Physical Agent
Equipment Exposure Level
Noise
Ionizing Radiation
Microwave Radiation
Heat
Cold
UV Radiation
Vibration
Laser
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
APPENDIX-4: LIST OF INFECTIOUS AGENTS
Work Area/Job
Task
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Employee Name
Infectious agent
Required
Training
Required
Immunization
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
APPENDIX-5: SECONDARY CONTAINER LABELING
Secondary container label using Acetone As an example of a container used in a Lab or a shop,
Laboratories may omit the use of pictograms on secondary containers.
1. Identifier
--->
Acetone
2. Pictogram
--->
3. Signal Word
--->
DANGER!
4. Hazard Statement --->
Flammable Liquid
Note: Laboratories may choose not to use the pictogram
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Employee Right-To-Know Plan
UNIVERSITY OF MINNESOTA | DULUTH
[Insert Department Name]
APPENDIX-6: NEW CHEMICAL SUBSTANCE REVIEW
University of Minnesota | Duluth
SAFETY DATA SHEET (SDS) FOR A NEW CHEMICAL/SUBSTANCE
SIGNATURE FORM
Name Chemical/Substance:
Vendor/manufacturer’s Name:
Lab Location:
Date the Chemical Arrived:
Date of providing (SDS) to employee(s):
This chemical may have health effects or other hazardous properties not covered during your initial
ERTK/ Lab Safety Training Session. Because of your use of this chemical, you are asked to read the
attached Safety Data Sheet (SDS) to understand the hazards and the new health effects associated
with the use of ____________________________________
Any question or concerns about your safety handling the chemical, the chemical health or physical
hazards hazard, may be addressed to your supervisor or Environmental Health and Safety Office
Upon reviewing the Safety Data Sheet (SDS), employees must sign and date this form.
Name
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Employee ID #
Signature
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Employee Right-To-Know Plan
[Insert Department Name]
APPENDIX-7:
UNIVERSITY OF MINNESOTA | DULUTH
EXAMPLES OF PHYSICAL HAZARDS WARNING
SIGNS
1. Noise Levels (NL > 80dBA)
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[Insert Department Name]
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
2. Heat Warning Sign
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[Insert Department Name]
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Employee Right-To-Know Plan
[Insert Department Name]
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
3. Cold Temperatures
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
4. Microwave Radiation
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Employee Right-To-Know Plan
[Insert Department Name]
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
5. Laser Radiation
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
6. UV Light Radiation
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Employee Right-To-Know Plan
[Insert Department Name]
UNIVERSITY OF MINNESOTA | DULUTH
7. Hand and Arm Vibration Hazard
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Employee Right-To-Know Plan
[Insert Department Name]
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