UMBC POLICY ON ESH MANAGEMENT & ENFORCEMENT UMBC Policy #VI

ESH Policy Background The need for this policy was identified in a recent Hazardous Material Operation Audit. This audit was conducted by the USM Office of Internal Audit. Two audit findings relate to this policy – (1) have a formal policy, and (2) improve accountability over violations noted in annual inspections.

Policy Statement This Policy provides guidance regarding: -Compliance with federal, state, and local regulations for environmental protection (air, water, soil), -Occupational safety, -Public health, -Biological safety, -Fire safety, -Hazardous materials management, and -UMBC risk management requirements.

PURPOSE OF THE POLICY To establish guidance based on the following principles: - Compliance with applicable local, State and Federal environmental, safety and health laws and regulations, -Support for UMBC Environmental Safety and Health policies, -Encourage the practice of personal accountability; and, -Encourage for those who do business with the university to apply these principles when on the UMBC campus.

APPLICABILITY -UMBC Faculty -UMBC Staff -UMBC Students Note: This policy does not apply to public or personal security and/or crime prevention.

UMBC ESH RESPONSIBILITIES -Responsible for the administration of UMBC ESH policies. -Responsible for ensuring UMBC’s compliance with all environmental safety and health regulations. -Serves as the official UMBC contact with external governmental regulatory agencies on workplace environmental safety and health compliance. -Works with UMBC Legal Counsel on responses to inquiries, complaints, and lawsuits from regulatory agencies and other formal proceedings. -Documents and reports on all ESH incidents.

Department/PI Responsibilities Conduct their operations in accordance with ESH policies and applicable laws and regulations. With ESH assistance, –Insure employees receive safety training; –Inform employees about workplace hazards; –Correct violations identified in ESH audits; –Assist with investigations of incidents and employee complaints; and, –Enforce ESH policies within their areas.

Employee Responsibilities Contact the appropriate party if there is a concern; Report any ESH incident or activity that may result in or already has resulted in a violation; and, Participate cooperatively in any investigation and/or remediation effort. Note: Reports are made to the Departmental Compliance Officer and the ESH Director, or his Designee.

ChemistryBiologyPhysics F.A. Chem. And Biochemistry Eng TRC Dept. Compliance Officers appointed by Deans Chaired of Director of ESH Environmental Health and Safety Committee Each ESH Compliance Officer shall have: Authority delegated from the Dean, Chair, or Director, as applicable, to work collaboratively with ESH to establish procedures, investigate complaints/incidents, and, if necessary, serve on a Board of Inquiry. The responsibility to report activities of concern to safety and health to the delegating authority and the ESH Director. The ESH Compliance Officers serve as associates and adjuncts to ESH professional staff within the scope of the policy and are selected based on their expertise and influence within their respective departments.

ESH Committee Duties -Responsible for recommending policies and procedures that will ensure compliance with current environmental health and safety regulations. -Examine the gradations of response possible for a given environmental health and safety regulation and recommending an appropriate course of action for the institution and its employees.

Enforcement -UMBC views compliance with all ESH laws and regulations as an expectation of continued employment, -Violation may be considered grounds for disciplinary action against faculty, staff and students, -Exceptional incidents or cases or recurrent non-compliance will be reviewed by a Board of Inquiry for recommendations.

Enforcement (continued) -Appointees of the ESH Committee will serve as a Board of Inquiry, when needed; -This Board will make recommendations to the AVP for Administrative Services, Provost, Deans, Vice Presidents, and the Office of General Counsel, if warranted; -Recommendations may include possible disciplinary and/or corrective action or unilaterally termination of a specific work activity.

Protections A supervisor, appointing authority or the head of an area may not take, or refuse to take, any personnel action as a retribution against someone who discloses information that he/she reasonably believes evidences: (1)a violation of local, state, or federal environmental, safety or health laws or regulations; and/or (2) a substantial and specific threat to public health and/or safety, except that actions for defamation or invasion of privacy are not prohibited, nor is personnel action that would have been taken regardless of disclosure of information.

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