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VI-21.00(A) UNIVERSITY OF MARYLAND POLICIES AND PROCEDURES FOR ENVIRONMENTAL, SAFETY AND HEALTH MANAGEMENT
APPROVED BY THE PRESIDENT NOVEMBER 2, 1998
I. INTRODUCTION
Through its teaching, research and service as the flagship campus
of the University System of Maryland, and as the State's land-grant university,
the University of Maryland, College Park, is a
prominent contributor to the policies and practices that enhance
the global environment. It is therefore highly appropriate that
UM conduct its internal operations in the spirit of this
leadership role, and in compliance with all applicable laws,
regulations and appropriate recommendations.
All operations should be a model of quality in environmental,
safety and health (E,S&H) practices. The following principles
have been established to guide faculty, staff, and students in
these practices at UM:
1. Support University policies which place the institution
at the forefront of quality initiatives which promote
awareness and compliance at all levels of the
institution;
2. Practice personal accountability for responsible
behavior within the University community;
3. Comply with applicable laws and regulations and where
appropriate other institutional guidelines and
recommendations;
4. Participate in the development of sound institutional
policies and regulations;
5. Support University policies that place UM at the
forefront of environmental quality initiatives that
reduce hazardous waste generation and conserve
University resources; and
6. Encourage those who do business with the University to
apply these principles.
II. SCOPE
This policy is intended to provide guidance to UM faculty, staff,
and students and to provide a framework for the development and
implementation of University policies and procedures 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 UM risk and insurance management. This
policy is not intended to apply to UM policies and procedures
regarding public or personal security or crime prevention.
III. MANAGEMENT
UM is a complex organization consisting of thirteen
colleges/schools and extensive support functions necessary to the
operations of the institution. From the legal, regulatory, and
public perspectives, the University is one corporate entity and
is held accountable as such by federal and state authorities.
For these reasons, UM has the responsibility to establish
policies and provide resources to ensure compliance with all
environmental, safety and health laws. For purposes of this
responsibility the following structure is utilized:
A. Department of Environmental Safety
The Department of Environmental Safety (DES) is responsible
for the administration of the campus policies and is
accountable for the University's compliance with all
environmental, safety and health regulations. It carries
out this mission by providing technical, regulatory and
related management services to the colleges/schools and
departments who have a shared responsibility for operational
accountability for regulatory compliance. DES assists the
colleges/schools and departments in the development and
implementation of programs, including training, emergency
response, and analysis of specific problems so that
compliance is practical at the unit level. DES is the unit
responsible for all official University contact with
external governmental regulatory agencies concerned with
workplace health, safety and environmental compliance. In
consultation with University legal counsel and, as required,
representation by the Office of the Attorney General, DES
shall coordinate all University responses to regulatory
agencies' inquiries, complaints, lawsuits and other formal
proceedings. By working with a Policy Committee, DES is
instrumental in the design and implementation of an
effective environmental safety program. DES reports to the
Vice President for Administrative Affairs.
B. Colleges/Schools and Other University Departments
It is the responsibility of each college/school and
administrative department to conduct its operations in
accordance with all applicable laws and regulations, and to
implement the University's environmental, safety and health
policies. With the professional guidance and assistance of
DES, these responsibilities include, but are not limited to:
training; informing employees about workplace hazards and
safety procedures; conducting inspections and correcting
violations; investigating incidents and employee complaints;
enforcing policies; and appropriately documenting activities
and processes.
Each Dean and major operating unit director shall designate
an Environmental, Safety and Health Coordinator to be
responsible for the coordination of operations within the
colleges/schools or major operating unit departments. The
Environmental, Safety and Health Coordinator shall have
delegated authority from the Dean, Chair or Director for
managing environmental, safety and health activities in the
college/school or department, including authority to
establish procedures, investigate complaints and incidents,
and audit performance. The Environmental, Safety and Health
Coordinator will have the responsibility to report
activities and unresolved compliance issues to the
delegating authority as well as the Director, DES. The
departmental E,S&H Coordinators serve as associates and
adjuncts to DES professional staff within the scope of this
policy.
C. University Environmental, Safety and Health Policy Committee
The University E,S&H Policy Committee serves as the primary
source of policy guidance on all matters pertaining to
environmental, safety and health compliance and related
regulatory developments. The University E,S&H Policy
Committee is responsible for ensuring that the University
responds appropriately to assure compliance with current and
potential environmental, safety and health regulations. The
Committee is charged with examining the gradations of
response possible for a given environmental, safety and
health regulation and determining the most appropriate
course of action for the institution and its employees. In
this context, the Committee recommends University policy for
approval by the President, and monitors developments to
ensure that University policies are observed and remain
current.
The University E,S &H Policy Committee is chaired by the
Vice President for Administrative Affairs, and includes
broad representation by members of the faculty and
administration. The Associate Provost for Research and Dean
of the Graduate School serves on the committee to ensure
Research and Graduate Faculty input on all committee issues.
D. Environmental, Safety, and Health Operations Committee
The E,S&H Operations Committee is an institutional group of
operations managers from the colleges/schools and
departments who work with the Director of DES to ensure that
activities and services are efficiently provided to the
University. The Operations committee also evaluates
University-wide environmental, health, and safety issues and
proposes recommended policy actions to the Policy Committee.
The E,S&H Operations Committee is also responsible for
monitoring the external regulatory environment and
University practices to ensure that problems are
appropriately identified and response strategies developed.
The E,S&H Operations Committee is chaired by the Director of
DES. The E,S&H Operations Committee reports through the
Director of DES to the Vice President for Administrative
Affairs.
E. Special Committees
Faculty-chaired committees overseeing aspects of the UM
Environmental Safety Program impacting research activities
(Biological and Chemical Hygiene Committee, Institutional
Biosafety Subcommittee, Radiation Safety Committee) shall
maintain their role of faculty governance and shall report
to and be appointed by the Associate Provost for Research
and Dean of the Graduate School. Additionally, the
Institutional Biosafety Subcommittee and the Radiation
Safety Committee review grant proposals relative to their
field of expertise for the Assurances on Hazardous
Procedures (AHPS) Program. These Committees and other
non-faculty chaired Environmental Safety Committees (Indoor Air
Quality Committee, etc.) will be responsible for
recommending policies related to their area of program
oversight to the Policy Committee.
F. University Faculty, Staff, and Students
It is the responsibility of individuals to conduct their
activities at UM in compliance with all applicable
government, University, and department policies and
regulations. The success of the University's environmental,
safety and health management activities directly depends
upon the active involvement of individuals through
participation in training; abiding by established safety and
environmental procedures; reporting hazards and potential
violations of regulations; and recommending improvements.
The Maryland Tort Claims Act gives State employees, students
and volunteers immunity from tort suits under certain
circumstances. As a general matter, State employees are
immune from suit in State courts and from liability for
tortious acts, and under certain circumstances from
liability for civil claims other than torts, if the alleged
acts 1 I were done within the scope of their employment;
and, 2 were done without malice or gross negligence.
Employees charged with criminal acts may not be represented
by the State, but may, if not criminally responsible,
receive reimbursement for reasonable counsel fees as
permitted by Maryland law.
University faculty, staff, and students shall follow
established UM E,S&H policy and abide by federal, state, and
local laws and regulations.
IV. INFORMATION AND ASSISTANCE
DES shall provide annual training for the departmental E,S&H
Coordinators, and shall provide a manual of fact sheets for their
reference. In addition, DES shall maintain a campus Internet
resource which shall include current UM E,S&H bulletins, safety
and health information, and links to other appropriate regulatory
agencies, material safety data, etc.
The Director of DES, or a designee, shall maintain regular
communications with the E,S&H Coordinators and shall respond in a
timely manner to all requests for advice or assistance.
V. REPORTING
The University is committed to investigating and appropriately
reporting all environmental, safety and health incidents. It is
the responsibility of all employees of the University to disclose
fully any activity that may be or may result in a violation of
any environmental, safety and health regulation, and to
participate cooperatively in the investigation and remediation of
any incidents. Any incident or questions regarding compliance
should normally be reported to the environmental and safety
compliance officer at the college/school or administrative
department. In the event that the compliance officer is not
available, incidents should be reported to the Director of DES,
or the Director's authorized designee. Employees and students
who report incidents in accordance with law and UM procedures, or
who raise questions or concerns about the University's
environmental, safety and health procedures, will not be
penalized by UM and such action will not reflect adversely on the
employee's or student's record.
VI. ENFORCEMENT
The University views compliance with all applicable laws and
regulations as a condition of employment, and violation of such
requirements shall be considered grounds for disciplinary action,
including termination of employment.
Further, governmental agencies have established increasingly
strict policies to ensure compliance with environmental, safety
and health regulations, including harsh civil penalties and
individual criminal prosecution leading to possible imprisonment
and substantial fines. Accordingly, the University expects all
faculty, staff, and students to be vigilant in complying with all
applicable environmental, safety and health laws.
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