SENATE HUMAN SERVICES COMMITTEE
STATEMENT TO
SENATE, No. 246
with committee amendments
STATE OF NEW JERSEY
DATED: MAY 2, 1996
The Senate Human Services Committee reports favorably and with committee amendments Senate Bill No. 246. As amended by the committee, this bill is intended to protect children from exposure to potentially dangerous chemicals that may be used in schools or at child care centers. While there are laws that protect adults from chemical exposure in the workplace, there are no federal or State laws designed to protect children from such exposure in schools or child care centers.
Specifically, this bill prohibits the use of any hazardous substance in or on any building or grounds used as a public school, private school or child care center at any time when children are present. However, this provision would not apply if an emergency condition necessitates the use of a hazardous substance when children are present.
Any person who uses or stores, or causes or allows the use or storage of any hazardous substance in or on any building or grounds used as a public school, private school or child care center shall ensure that the use or storage of that substance is in compliance with the exposure standards adopted by the Department of Health, pursuant to the provisions of this bill.
The Board of Education or the person responsible for the operation of the private school or child care center is required to post on a bulletin board located in the school or child care center, a notice of any construction or other activity to take place that would involve the use of a hazardous substance. The notice shall include the type of activity and the hazardous substances to be used. Posting shall occur at least two days prior to the construction or other activity, except in an emergency condition. In such cases, the notice shall be posted as soon as practicable.
Upon request, the Board of Education or the person having responsibility for the operation of any private school or child care center shall make available the hazardous substance fact sheets for any hazardous substance being used or stored on site. In addition, an annual notice shall be sent to a parent or guardian of any child attending the school or child care center, which may be contained in the school's or center's annual handbook, advising that notices will be posted on a bulletin board in the school or child care center, that hazardous substances may be stored at various times throughout the year, and that hazardous substance fact sheets are available at the school or child care center.
The bill provides that local health agencies would enforce the bill's provisions by bringing an action in Superior Court to impose civil penalties. A penalty may be imposed for up to $2,500 per day for each day the violation continues.
This bill incorporates the existing list of hazardous substances created by the Department of Health pursuant to the "Worker and Community Right to Know Act" as the basis for the substances that cannot be used or stored in a school or center. Certain exemptions are provided from the list so that the use of substances in the routine maintenance of schools, the use of substances by science laboratories or school offices and classrooms, and substances used in the heating or cooling of the school or child care center would not be subject to the bill's provisions. The bill uses the hazardous substance fact sheets, created pursuant to the "Worker and Community Right to Know Act" as the basis for the information to be given parents and guardians. By using existing definitions and standards, the bill avoids unnecessary duplication of administrative effort and cost.
The Department of Health, in consultation with the Departments of Education and Environment, shall adopt regulations necessary to implement the bill's provisions. These regulations shall contain exposure standards which shall consist of ventilation requirements, use and access limitation restrictions, and any other measure designed to prevent exposure or to ensure that any such exposure is at levels deemed safe by the Department of Health. These exposure standards shall take into account the ages of the children, the location and types of hazardous substances, the anticipated use of the buildings or grounds at the time the substances will be used or stored, and any other factor the department deems relevant to the safe use or storage of hazardous substances in public or private schools or child care centers.
The committee adopted amendments to:
∙ include the grounds of a school within the provisions of the bill.
∙ provide an exemption from the prohibition on the use of any hazardous substances when children are present, if an emergency condition necessitates the use of a hazardous substance when children are present.
∙ provide for exposure standards for the use or storage of hazardous substances, which would be included in regulations to be adopted by the Department of Health, in consultation with the Departments of Education and Environment.
∙ allow for the storage of hazardous substances, in accordance with the exposure standards set by regulation.
∙ provide that any person who uses or stores hazardous substances shall ensure that the use or storage is in compliance with the exposure standards.
∙ modify the notification procedures to require a posting on a bulletin board in the school or child care center advising of construction or other activities that will involve the use of a hazardous substance.
∙ notify parents annually of the posting requirement and of the availability of hazardous substance fact sheets, and that hazardous substances may be stored at various times throughout the year.
∙ change enforcement responsibility from the Department of Health to local health agencies.
∙ provide that the hazardous substance fact sheet be provided to parents or guardians by the local health agency rather than the Board of Education.
∙ include substances used in heating or cooling of the school or child care center on the list of exemptions to a hazardous substance.
The committee adopted a technical amendment to reflect the statutory citation for the "Worker and Community Right to Know Act."