Minnesota Employee Right-to-Know Act (MERTKA)
Hazard Communication Document
Department of Environmental Health and Safety
University of Minnesota
410 Church St. S.E.
Minneapolis, MN 55455
612/626-6002
Audio and Video Training Resources
Introduction
The Employee Right-To-Know Act was passed by the Minnesota Legislature during the 1983 session and is enforced as part of the Occupational Safety and Health program in the Department of Labor and Industry. This booklet will briefly highlight the main points of the law. It is not intended to cover all of the technical aspects involved. It will cover employer and employee rights and responsibilities at the University of Minnesota. How much do you know about MERTKA? Take our MERTKA Quiz and find out!
Summary of the Law
The Minnesota Employee Right-To-Know Act (MERTKA) is intended to ensure that employees are aware of the dangers associated with hazardous substances, harmful physical or infectious agents (in hospitals and clinics) that they may be exposed to in their workplaces. MERTKA requires employers to evaluate their workplaces for the presence of hazardous substances, harmful physical agents, and infectious agents and to provide training to employees concerning those substances or agents to which employees may be exposed. Written information on agents must be readily accessible to employees or their representatives. Employees have a conditional right to refuse to work if assigned to work in an unsafe or unhealthful manner with a hazardous substance, harmful physical agent or infectious agent. Labeling requirements for containers of hazardous substances and equipment or work areas that generate harmful physical agents are also included in MERTKA.
Who the Law Applies to
All places of employment in Minnesota, except those under exclusive jurisdiction of the federal government.
- Exceptions
- a) Farms with more than 10 employees or those that operate a temporary labor camp and employ any of its residents must provide training.
- b) Farms with 10 or fewer employees need only furnish, upon request, information from labels of containers containing hazardous substances to which employees are exposed.
- c) Waste service employers regulated under the Federal Resource Conservation and Recovery Act must have a training program approved by the Commissioner of Labor and Industry.
- d) Hospitals and clinics of any size must comply with the infectious agents as well as hazardous substances and harmful physical agents requirements.
Hazards Lists
- The Employee Right-To-Know Standard includes lists of hazardous substances, harmful physical agents and infectious agents to aid employers in evaluating their workplaces. The lists are not all-inclusive and will not always be up-to-date; therefore, employers must evaluate their workplaces to determine if other substances or agents are present in the workplace.
- The hazardous substance list contains approximately 750 substances coded to refer to a document that has occupational exposure information on the particular substance.
- The harmful physical agent list contains four physical agents: heat, noise, ionizing radiation and non-ionizing radiation.
- The infectious agent list, which contains bacterial, viral and fungal agents, is also coded to refer to a document that contains information concerning the particular agent.
- A handbook of 500 Material Safety Data Sheets (MSDS) for laboratory chemicals is available from the University of Minnesota Department of Environmental Health and Safety.
- The Department of Environmental Health and Safety also has other MSDS on computer and hard copy file for chemicals not listed in the handbook.
- MSDS may also be requested from the manufacturer.
Requirements
Training must be provided to all employees assigned to jobs in which the are routinely exposed to hazardous substances or harmful physical agents. The training must cover:
- Names of the substances or physical agents.
- Hazardous level of exposure, if known, and the acute and chronic effects of exposure.
- Symptoms of the effects.
- Potential for flammability, explosion and reactivity (with other chemicals or substances).
- Proper conditions for use and exposure.
- Appropriate emergency treatment.
- Procedures for cleaning up leaks and spills.
- Name, phone number and address of a manufacturer of the substance or physical agent.
- A written copy of the above information must be readily accessible in the area or areas in which the substance is used or handled.
- To receive information on hazardous substances, harmful physical agents or infectious agents to which they may be exposed.
- To be trained on the hazards of the above.
- To refuse to work if assigned to work in an unsafe or unhealthful manner with a hazardous substance, harmful physical agent or infectious agent.
- Initially an employer should be notified of hazardous conditions. If corrections are not completed or if a dispute arises about the existence of a hazard, the employee or authorized employee representative may request an inspection by the University Department of Environmental Health and Safety or a Minnesota Occupational Safety and Health Administration (MN OSHA) inspection of the workplace.
Employer Rights
- To assign employees to alternative jobs until hazardous conditions can be eliminated or until proper training has been provided.
- To request a signed statement from employees verifying that training was received.
- Protection of trade secrets.
- Develop written program for compliance with MERTKA.
- Identify hazards; prepare inventory.
- Identify affected employees.
- Collect information on hazards, MSDS.
- Train employees upon initial assignment, annually and when a new hazard is introduced.
- Label hazardous substances and harmful physical agents.
- Label transfer containers with the name of the hazardous substance or the trade name of the substance and a label which describes the main hazard(s) posed by the substance.
- Keep records of completed training or TQI status, using a computerized file or BA Form 725. These records must be kept by the department for five years.
- Provide employee access to appropriate information.
Department of Environmental Health and Safety Responsibilities
- Orient supervisors to responsibilities under MERTKA.
- Assist in collection of MSDS.
- Prepare MSDS file of listed chemicals.
- Prepare audiovisual materials for employee training, especially for new employee situation.
- Respond to requests for assistance in finding training materials and evaluation of MSDS.
- Recommend content of training programs.
- Keep abreast of changes in regulations.
Technically Qualified Individual (TQI)
Classification
(laboratory or clinical setting only)
"Technically qualified individual" means a physician, dentist, pharmacist, or lead research individual, other than a student in one of these fields, in a research, medical research, medical diagnostic or medical educational laboratory or in a health care facility or a clinic associated with laboratory or health care facility or in a pharmacy registered and licensed under Minnesota Statutes, chapter 151, who, because of professional or technical education, training, or experience, understands, before the time of exposure, the health risks and the necessary safety precautions associated with each hazardous substance, harmful physical agent, infectious agent, or mixture handled or used by the person.
"Lead research individual" means the laboratory director, lead chemist, or project engineer who, because of professional or technical education,training, or experience understands, before the time of exposure, the health risks and the necessary safety precautions associated with each hazardous substance, harmful physical agent, infectious agent or mixture handled or used in the laboratory and is responsible for the safety and health of all individuals working in the laboratory.
Technically qualified individuals shall be notified of and may elect to participate in any training or update programs required to be provided under this part 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 day.
Infectious Agents
- Possession of a mandatory Minnesota state license as a dentist, pharmacist or physician.
- Laboratory manager, Laboratory Supervisor or Principal Investigator.
- Access to texts or resource materials on the communicable, infectious agents to which employees may be routinely exposed in the workplace.
Information
For more information about the law, contact any of the following Department of Labor and Industry offices or the University of Minnesota Department of Environmental Health and Safety
- Environmental Health and Safety
Boynton Health Service
410 Church St. S.E.
University of Minnesota
Minneapolis, MN 55455
612/626-6002
- Minnesota Department of Health
Industrial Hygiene Section
717 Delaware Street S.E.
P.O. Box 9441
Minneapolis, MN 55440
612/623-5372
- For the MN OSHA compliance office nearest you, visit
the MN Department of Labor & Industry's page at:
http://www.doli.state.mn.us/offices.html