WS/FCS Science Department

Inquiry Science Inquiry is required by the NCSCOS for Science. As more inquiry science is taught the number of safety related lawsuits increases. The more students “do” the greater the chance of an accident.

Duties of a teacher Duty of instruction. Duty of supervision. Duty to properly maintain facilities and equipment. Failure to perform any duty may result in a finding that a teacher and/or administrator within a school system is/are liable for damages and a judgment and award against him/them.

DUTY OF INSTRUCTION includes adequate instruction before a laboratory activity (preferably in writing) that: Is accurate; is appropriate to the situation, setting, and maturity of the audience; and addresses reasonably foreseeable dangers. Identifies and clarifies any specific risk involved, explains proper procedures/techniques to be used, and presents comments concerning appropriate/inappropriate conduct in the lab. Teachers who set bad examples by not following proper laboratory procedures may be sued if injury results from students following the teacher’s bad examples.

DUTY OF SUPERVISION includes adequate supervision as defined by professional, legal, and district guidelines to ensure students behave properly in light of any foreseeable dangers. Misbehavior of any type must not be tolerated. Failure to act or improper action is grounds for liability. The greater the degree of danger, the higher the level of supervision should be. The younger the age of students or the greater the degree of inclusion of special population students, the greater the level of supervision should be.

More to remember: Students must NEVER be left unattended, except in an emergency where the potential harm is greater than the perceived risk to students. Even then, risk should be minimized or responsibility transferred to another authorized person if the situation allows.

DUTY OF MAINTENANCE includes ensuring a safe environment for students and teachers. Never use defective equipment for any reason. File written reports for maintenance/correction of hazardous conditions or defective equipment with responsible administrators. Establish regular inspection schedules and procedures for checking safety and first-aid equipment. Follow all safety guidelines concerning proper labeling, storage, and disposal of chemicals.

Keep Records! By keeping files of all hazard notifications and maintenance inspections, teacher liability in the event of an accident is minimized in cases where no corrective actions were subsequently made.

Teacher responsibilities in regard to Negligence The LEGAL DEFINITION of "negligence" is important for every teacher to know. Negligence, as defined by the courts today, is conduct that falls below a standard of care established by law or profession to protect others from an unreasonable risk of harm, or the failure to exercise due care. It should be noted that in the absence of specific laws or local policies, the standard of care expected is set by the profession, e.g., position statements adopted by the National Science Teachers Association.

Chemical Management Does your school have a current, accurate Chemical Inventory? Does your school have a comprehensive Chemical Management Plan? (Required by Jan 07) Are your MSDS sheets up to Date with your Chemical Inventory? District Chemical Management Plan is posted on Science Dept. web page.

Proper Chemical Storage Does not look like this!

Do you have anything that looks like this?

This is more like it!

Have a Safety Plan Keep a Safety file with: Your individual safety plan Student contract Safety checklist Accident report form

CASE STUDY Ballou High School, Washington DC On October 2, 2003, the Washington, D.C.'s Fire Department Hazmat Unit responded to an emergency call unlike any call Ballou High School had ever had to make. What the D.C.'s Hazmat unit found that afternoon proved to be the beginning of a long, exhausting search for, and clean up of, an elemental mercury spill. A student had obtained 250 milliliters of liquid elemental mercury from a science laboratory and had sold some of it to other students. Students had to be dismissed. By the time the D.C. Hazmat Team and the D.C. public health officials arrived, it was too late to contain all the spills; varying amounts of mercury were found in the classrooms, gymnasium, and cafeteria. EPA responded by establishing a mobile command post, measuring mercury air concentrations and noting visual contamination of the science laboratory, cafeteria, gym and administration areas. Contamination did not stop at the school. Students unknowingly carried mercury on contaminated shoes and clothing through the streets, onto city and school buses, and into their homes. Eleven homes and one common area were found to be contaminated and about 16 families were displaced for a month. EPA assisted with screening of residences. As a result of the spill, Ballou High School was closed for 35 days and over 200 homes were tested for mercury contamination. Total cleanup costs were about $1,500,000.

DEHNR threatens WS/FCS with $500,000 Fine A jar of Mercury was thrown in a dumpster by mistake and buried in the landfill. After investigation, fine was waived. Chemical purge completed, we thought… Department of Environmental Health and Natural Resources

Mercury BANNED from Schools 2003 by law We have found some after each purge we have made, 2003; 05, and 07. and we will find some more Fine threatened in $500,000

Do you know what to do in case of a chemical spill? Proper disposal? If no – find out! When you mix something LABEL it! $500 minimum to dispose of an unknown

Somehow mercury is spilled on your lab floor… Get students out of the room Cool the room below 64 degrees F if possible Sprinkle sulfur or zinc (2+) over area Notify administrator Less than 2 tablespoons does not have to be reported to DEHNR Gather and dispose of properly Fill out a report to Program Science Manager’s office (keep a copy)

How to Discard chemicals Waste chemicals should be boxed and stored by compatible families, and labeled “To be Discarded by Hazardous Waste Team” and stored in a secure and safe place until pick-up. An on-line work order should be initiated and sent to the maintenance department. An should also be sent to Bill Vaught and cc’d to Rachel Sari at the WSFCS Maintenance Department with the work order number, and a complete inventory of chemicals and their approximate amounts that need to be removed. The should also include the location of chemicals and the name of a contact person to ensure timely pick-up.

Think about what you are doing. Is this lab appropriate? Does it correlate with the NCSCOS. How would it look if it was on television or in the newspaper?

JOHNSTON COUNTY, N.C. — A Smithfield-Selma High School science teacher is out of a job because of a questionable experiment. Tuesday, the school board voted 4-1 not to renew Jeff Ferguson's contract. The school's principal made the request earlier in the day. In November, Ferguson asked students to drink milk until they got sick. Ferguson was suspended with pay, then was allowed back in the classroom. Johnston Teacher Fired After Milk Experiment

Judgment Day… If a safety incident goes to court you need to show a “preponderance” of evidence that you have worked hard to provide a safe laboratory environment for students.

Prevention/Defense Membership in a professional organization FCAE, PENC or NSTA. Safety records Safety lessons Safety Contracts Safety questions on tests Safety addressed regularly

Be able to show evidence Lesson plans with safety notes Accident reports Copies of safety related memos PROPER STORAGEPROPER STORAGE SAFETY POSTERSSAFETY POSTERS SIGNAGESIGNAGE Safety addressed at departmental meetingsSafety addressed at departmental meetings

Fly Safe! Goggles for Visitors Student made Safety posters AND TEACHERGoggles ON ALL STUDENTS AND TEACHER Proper Signage

Additional Resources Material Safety Data Sheets Flinn has MSDS available online Safe Science Series-National Science Education Leadership Association Attend a Lab safety workshop

Questions?