Toxic and hazardous substances: Silica - Minnesota

Minnesota operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers. The Minnesota Occupational Safety and Health Administration (MNOSHA) has adopted most OSHA standards by reference; however, the State Plan has also adopted unique standards for hazardous substances and harmful physical agents. 

Additional requirements include: 

• A hazardous substance list (updated by the Commissioner at least every two years) will include the majority of hazardous substances that will be encountered in Minnesota; it does not include all hazardous substances and may not always be current. Employers must exercise reasonable diligence in evaluating their workplace for the presence of other recognized hazardous substances and ensure that employees are provided with the rights stated in MNOHSA standards. 
• Training must be provided in a manner which can be reasonably understood by and at no cost to employees concerning hazardous substances, harmful physical agents, and infectious agents.
• The employer must develop and implement a written Employee Right-to-Know program which, at a minimum, describes how the training, availability of information, and labeling provisions regulatory requirements will be met for hazardous substances, harmful physical agents, and infectious agents.  
• In 1989, federal OSHA revised its PELs under 1910.1000, which Minnesota OSHA adopted. Although federal OSHA has since reverted to the pre-1989 PELs, Minnesota OSHA still enforces the 1989 PELs for substances that are not covered by separate standards.
• Hazardous substance training. Prior to an employee's initial assignment to a workplace where the employee may be routinely exposed to a hazardous substance or harmful physical agent, the employer shall provide training concerning the hazardous substance or harmful physical agent. The employer shall provide additional instruction whenever the employee may be routinely exposed to any additional hazardous substance or harmful physical agent. The term "routinely exposed" includes the exposure of an employee to a hazardous substance when assigned to work in an area where a hazardous substance has been spilled. For each hazardous substance to which the employee may be routinely exposed, the employer's training program shall include:
  • (1) the name or names of the substance including any generic or chemical name, trade name, and commonly used name;
  • (2) the level, if any and if known, at which exposure to the substance has been restricted according to standards adopted by the commissioner, or, if no standard has been adopted, according to guidelines established by competent professional groups including but not limited to the American Industrial Hygiene Association, the American Conference of Governmental Industrial Hygienists, the Center for Disease Control, the Bureau of Radiological Health, and the American National Standards Institute;
  • (3) the primary routes of entry and the known acute and chronic effects of exposure at hazardous levels;
  • (4) the known symptoms of the effects;
  • (5) any potential for flammability, explosion, or reactivity of the substance;
  • (6) appropriate emergency treatment;
  • (7) the known proper conditions for safe use of and exposure to the substance;
  • (8) procedures for cleanup of leaks and spills;
  • (9) the name, phone number and address of the manufacturer of the hazardous substance; and
  • (10) a written copy of all of the above information which shall be readily accessible in the area or areas in which the hazardous substance is used or handled.

Employees who have been routinely exposed to a hazardous substance prior to the effective date of Laws 1983, chapter 316, and who continue to be routinely exposed to that hazardous substance after the effective date of Laws 1983, chapter 316, shall be trained with respect to that hazardous substance within six months of the effective date of Laws 1983, chapter 316.

Training to update the information required to be provided under this subdivision shall be repeated at intervals no greater than 1 year.

Every employer shall maintain current information for training under this subdivision or for information requests by employees under section 182.654, subdivision 10. This subdivision does not apply to any employer engaged in a farming operation. This subdivision does not apply to any nonpublic school or any school district before January 1, 1985.

Any technically qualified individual shall be notified of and may elect to participate in any training or update programs required to be provided under this subdivision to employees who are not technically qualified individuals. The employer shall make a reasonable attempt to allow technically qualified individuals to attend training or update programs which may be held during the employee's scheduled work hours.