1. WELCOME TOXIC ART MATERIALS—DO YOU KNOW THE LAW?
Cheryle C. Gardner Principal Specialist of Fine Arts Virginia Department of Education

2. WHAT ARE THE LAWS?
The Hazard Communication Standard Labeling of Hazardous Art Materials
VOSH
Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited
§ Code of Virginia
Labeling of Hazardous Art Materials
Public Law , 15 U.S.C. § 1277

3. WHAT IS A TOXIC ART MATERIAL?
An art material that contains any substance which can cause acute or chronic injury to the human body, or which is suspected of being able to cause diseases or injury under some conditions

4. The Hazard Communication Standard VOSH 1910.1200
August 17, 1984
Adopted by the Virginia Safety and Health Codes Board of the Virginia Department of Labor and Industry
“Right to Know Law”
Effective November 25, 1985

5. WHO DOES THE LAW EFFECT? Manufacturers Importers Distributors
Public Sector Employees—YOU

6. Virginia Standard—VOSH 1910.1200 identical to
Federal OSHA Standard
except
Virginia Standard covers public sector employees

7. MANUFACTURER’S RESPONSIBILITIES
Labels
Material Safety Data Sheets (MSDS)

8. LABELS Chemical manufacturers, importers, and distributors—
Must ensure that all containers of hazardous chemicals leaving their work places are labeled with
Name of the hazardous chemical
Appropriate hazard warnings for employees
Name and address of the manufacturer

9. MATERIAL SAFETY DATA SHEETS (MSDS)
Chemical manufacturers, importers, and distributors—
Must develop a Material Safety Data Sheet for each hazardous chemical they produce or import and send it with the initial shipment of the chemical and send a revised MSDS any time the chemical composition of the product is changed

10. MSDS MUST CONTAIN Name and address of chemical manufacturer
Organization preparing the MSDS
Chemical name and common name of the product
Known acute or chronic health effects
Chemical hazard by inhalation, ingestion or skin absorption

11. MSDS MUST CONTAIN Cancer-causing effects, if any
Protective clothing to wear and precautions to take when using the chemical
Limits of exposure to the substance
Emergency and first aid measures

12. EMPLOYER’S RESPONSIBILITY
School divisions must develop and implement a training plan for all employees who handle, store, or dispose of hazardous chemicals

13. TRAINING PLAN
Location and means of maintaining a current list of hazardous chemicals used in your work place
Description of how MSDS are obtained, updated, made available in your work place, and filed centrally in a location easily accessible in the time of an emergency

14. TRAINING PLAN
Description of the system used by the school division to label all hazardous chemicals not already labeled when shipped
Description of the training provided by the school division regarding the Hazard Communication Standard
Written plan
Use and interpretation of information contained on MSDS and product labels
Identification of hazards
Protection from hazards

15. YOUR RESPONSIBILITY
Hazard Communication Standard gives you the “Right to Know” what hazards you are exposed to in your work place
You also have a responsibility to know
Location of your school division’s written plan/program in your work place
Location of the list of chemical hazards in your work place
Location of Materials Safety Data Sheets (MSDS) in your work place

16. You have a responsibility to
Attend training sessions on the Standard when a new chemical hazard is introduced and when the use of personal protective equipment is explained
Read your school division’s training program/plan
Read Material Safety Data Sheets
Take recommended precautions
Use personal protective equipment provided
Ask questions about chemicals

17. QUESTIONS TO ASK
WHERE IS THE WRITTEN HAZARD COMMUNICATION PROGRAM/PLAN LOCATED?
WHERE IS A LIST OF CHEMICAL HAZARDS TO WHICH I MAY BE EXPOSED TO IN THE WORK PLACE?
WHERE ARE THE MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS MATERIALS TO WHICH I MAY BE EXPOSED TO IN THE WORK PLACE?

18. REGULATIONS GOVERNING CRITERIA TO IDENTIFY TOXIC ART MATERIALS; LABELING; USE IN ELEMENTARY GRADES PROHIBITED §
March 22, 1987
Signed into Legislation—Code of Virginia
Effective July 1, 1988

19. REGULATION BASED ON AMERICAN SOCIETY FOR TESTING MATERIAL STANDARDS

20. RESPONSIBILITY
ALL SCHOOL PERSONNEL THAT ORDER, DISTRIBUTE, AND USE ART MATERIALS AT THE ELEMENTARY LEVEL K-GRADE 5 — INCLUDING THE BUILDING ADMINISTRATOR CHARGED WITH THE PROGRAM

21. Art Materials Ordered and Used Virginia Schools Grades K-5—Elementary
Art materials must be tested and deemed to be non-toxic and contain one of the following conformance statements as specified in the legislation
Conforms to ASTM Practice D-4236;
Conforms to ASTM D-4236; or
Conforms to Health Requirements of ASTM D- 4236

22. The conformance statement should appear whenever practical on the material; however, it shall also be acceptable to place the statement on one or more of the following
Individual product package
Display or sign at the point of purchase
Separate explanatory literature available on request at the point of purchase
A response to a formal request for bid or proposal
A letter from the art material manufacturer

23. LABELING OF HAZARDOUS ART MATERIALS ACT PUBLIC LAW 100-695, 15 U. S. C
November 1, 1990
Legislation into law—Art Materials Manufacturers
November 1, 1991
Law—All persons/school personnel using art materials with children under age 12
This federal mandate compliments and supersedes Virginia’s Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited §

24. CHILDREN UNDER THE AGE OF 12
WHO?
CHILDREN UNDER THE AGE OF 12

25. LABELING ALL ART MATERIALS MUST BE TESTED AND LABELED
Conforms to ASTM Practice D-4236;
Conforms to ASTM D-4236; or
Conforms to Health Requirements of ASTM D- 4236

26. LABELING Warning statement of the hazard
ALL ART MATERIALS TESTED AND DEEMED TO BE TOXIC MUST PROVIDE
Warning statement of the hazard
Identification of the hazardous ingredients
Guidelines for safe use

27. LABELING
EXAMPLE
WARNING! HARMFUL IF SWALLOWED MAY PRODUCE BIRTH DEFECTS.
Contains lead.
When using, do not eat, drink or smoke Wash hands immediately after use Should not be used by pregnant women Keep out of reach of children.
Conforms to ASTM D-4236
(Name, address, and telephone number of manufacturer or importer)

28. BIDS AND ORDERS
“Art materials contained in this bid must conform to Labeling of Hazardous Art Materials Act, Public Law , 15 U.S.C.
§ Proof of ASTM D-4236 conformance must accompany each art material ordered.”

29. It is not the intent of these mandates that the identification, labeling, and removal of toxic art materials from use by children under the age of 12 limit, restrict, diminish the quality of the visual arts education program. Numerous safe art materials are available for use in place of those materials identified as toxic.

30. USE ONLY MATERIALS DESIGNATED AND TESTED FOR USE AS ART MATERIALS IN GRADES K-12

31. Avoid certain art materials for students in pre-kindergarten through grade six or up to twelve years of age such as
No dust or powders
No chemical solvents or solvent-containing products
No aerosol spray cans, air brushes, and so forth
No acids, alkalis, bleaches, or other corrosive chemicals
No donated or found materials unless ingredients are known
No old materials—they may be more toxic and have inadequate labeling
No lead, metals, or cadmium products —these can be found in paints, glazes, metal work, and stained glass.

32. Substitution of non-toxic art materials for hazardous art materials should be made a priority where feasible for students 12 years of age and older

33. Cheryle C. Gardner Principal Specialist of Fine Arts Virginia Department of Education P.O. Box Richmond, VA / FAX 804/