Date: Mon, 9 Aug 2010 17:18:03 -0400
Reply-To: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: ILPI <info**At_Symbol_Here**ILPI.COM>
Subject: Re: pregnant student in chemistry lab
In-Reply-To: <B1331E0BABBF2F41ADBB549EF89EA74A033492391CA6**At_Symbol_Here**WITTFSVS.wittenberg.edu>

Many good common sense replies to all of this so far.  Just thought  
I'd chime in with one cautionary note for those of you in an employer- 

employee relationship.

I am not an attorney.  This is not legal advice.  But it is my  
understanding that it is **ILLEGAL** to exclude workers of one sex  
from a job for the purpose of protecting fetuses. See:

	
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETA
TIONS&p_id=20332
	http://www.eeoc.gov/facts/fs-preg.html

The specific Supreme Court ruling that established this was Johnson  
Control's attempted exclusion of all fertile females from jobs in its  

workplace that exposed them to lead.  Thus, if a woman wants to work  
on a battery assembly line, she can not be prevented from doing so.   
No word on whether she could then turn around and sue for a  
teratogenic outcome...

One can make a reasonable argument, as we have already seen in this  
thread, that appropriate workplace controls (substitution, engineering  

controls etc.) can easily protect all workers.

Rob Toreki

   ========================
=========================
=====
Safety Emporium - Lab & Safety Supplies featuring brand names
you know and trust.  Visit us at http://www.SafetyEmporium.com
esales**At_Symbol_Here**safetyemporium.com  or toll-free: (866) 326-5412
Fax: (856) 553-6154, PO Box 1003, Blackwood, NJ 08012

On Aug 9, 2010, at 2:54 PM, David C. Finster wrote:

> I am aware that a student who will be taking a general chemistry  
> course this fall is pregnant.  I am writing to the list to seek  
> advice about how to best handle this circumstance (assuming that one  

> of the options - not taking the course - is not a preferred 
option).
>
> (I have checked the D-CHAS archives, and other sources, and found no  

> particularly helpful answers to this question.  This is not really a  

> CHP matter since the student is not an employee - although we  
> ordinarly use our CHP as the safety document for students, too.)
>
> So far as I know (but I can check this to be certain) none of the  
> chemicals used in our general chemistry labs are teratogens.  Thus,  

> my initial suggested course of action is that the student  
> participate in all of the labs experiments (using all of the PPE at  

> all times that is recommended for all students.)  We rarely use  
> chemical hoods in this particular course since most of the chemicals  

> we use present no significant inhalation risk.  (We use hoods when  
> there is an inhalation risk.)
>
> If there is some chemical that is, or is suspected to be, a  
> teratogen, I would advise the student to skip that lab (and have the  

> instructor determine how to do this without any penalty to the  
> student).
>
> The pathway suggested above seems reasonable and prudent to me.   
> However, since we live in a world where the consideration of worst- 
> case scenarios is wise and legally prudent, it seems to me that  
> having the student consult with her physician (with a complete list  

> of chemicals =93in hand=94) and having the physician and/or student  

> =93sign off=94 on some reasonable statement in advance seems smart.   

> Since I would not expect a physician to be familiar with the  
> teratogenic effects of =93all chemicals=94, I would also present the  

> physician with a detailed list of the known or suspected effects of  

> each chemical (extracted from TOXNET) with regard to being handled  
> while pregnant.
>
> The advice and experience of the D-CHAS group is welcome.
>
> Dave
>
>
> David C. Finster
> Professor of Chemistry
> University Chemical Hygiene Officer
> Department of Chemistry
> Wittenberg University
> dfinster**At_Symbol_Here**wittenberg.edu
>

Previous post   |  Top of Page   |   Next post



The content of this page reflects the personal opinion(s) of the author(s) only, not the American Chemical Society, ILPI, Safety Emporium, or any other party. Use of any information on this page is at the reader's own risk. Unauthorized reproduction of these materials is prohibited. Send questions/comments about the archive to secretary@dchas.org.
The maintenance and hosting of the DCHAS-L archive is provided through the generous support of Safety Emporium.