Senate Bill No. 367-Senators Wiener, Townsend, Titus, Adler, Jacobsen, Mathews, O'Donnell, Porter, Rawson, Regan, Schneider and Shaffer
May 7, 1997
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Referred to Committee on Human Resources and Facilities
SUMMARY--Prohibits use of substances and materials containing diisocyanates in school buildings under certain circumstances and requires schools to maintain and use certain information regarding hazardous chemicals. (BDR 34-1227)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to hazardous substances; prohibiting the use under certain circumstances of any substance or material that contains a diisocyanate in the maintenance or repair of a building owned or operated by a school district, a private school or the University and Community College System of Nevada; requiring schools to maintain and use certain information regarding hazardous chemicals; requiring the division of environmental protection of the state department of conservation and natural resources to prepare and distribute an informational pamphlet concerning diisocyanates; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by a school district while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a school district shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, "diisocyanate" includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
Sec. 3. 1. The board of trustees of a school district shall ensure that each school under its management and control:
(a) Maintains at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;
(b) Complies with any safety precautions contained in those sheets; and
(c) Makes those sheets available to all the personnel of the school and the parents of each pupil attending the school.
2. For the purposes of this section, "material safety data sheet" has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
Sec. 4. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by a private school while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a private school shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, "diisocyanate" includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
Sec. 6. 1. A private school shall:
(a) Maintain at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;
(b) Comply with any safety precautions contained in those sheets; and
(c) Make those sheets available to all the personnel of the school and the parents of each pupil attending the school.
2. For the purposes of this section, "material safety data sheet" has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
Sec. 7. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by the system while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by the system shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, "diisocyanate" includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
Sec. 9. 1. The board of regents shall ensure that each university and community college within the system:
(a) Maintains at the university or community college a material safety data sheet for each hazardous chemical used on the buildings or grounds of the university or community college;
(b) Complies with any safety precautions contained in those sheets; and
(c) Makes those sheets available to all the personnel of the university or community college and the parents of each student attending the university or community college.
2. For the purposes of this section, "material safety data sheet" has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
Sec. 10. The division of environmental protection of the state department of conservation and natural resources shall, as soon as practicable:
1. Prepare an informational pamphlet that:
(a) Includes a list of common substances and materials which contain diisocyanates;
(b) Describes the dangers associated with the use of and exposure to diisocyanates; and
(c) Specifies the safety precautions that should be taken when working with or in the vicinity of substances or materials which contain diisocyanates.
2. Distribute copies of the pamphlet to the board of trustees of each county school district, the administrator of each private school in this state and the board of regents of the University of Nevada.
Sec. 11. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 12. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 13. 1. This section and section 10 of this act become effective upon passage and approval.
2. Sections 1 to 9, inclusive, 11 and 12 of this act become effective on October 1, 1997.