Policy Title: Minors in Labs Responsible Office: EH&S Effective Date: January 1, 2016 Revision Date: December 3, 2015 POLICY STATEMENT Harvard is committed to fostering a safe environment for minors and preventing minors exposure to hazardous materials, laboratory pathogens, injurious incidents, and other inherent dangers that may be present in University laboratories. This policy establishes University-wide requirements regarding the presence of minors in University laboratories. In addition to this policy, all laboratories are also expected to comply with Harvard s Policy for the Safety and Protection of Minors. DEFINITIONS For the purposes of this policy, a Minor is a person under 18 years of age. This policy does not apply to minors who are enrolled at Harvard as students in a degree-granting program. A Laboratory is a research or clinical setting where scientific research or instruction is conducted. This includes research and teaching laboratories and their associated support and core facilities where hazardous chemicals, radiation, or biological materials are handled or stored as well as machine shops, electrical rooms, field sites, museum collections, conservation laboratories or any other research or clinical environments with unusual hazards. For purposes of this policy, a laboratory does not include dry or computational laboratories, or any other laboratories where no hazardous chemicals, radiation, or biological materials are handled or stored. APPLICABILITY This policy applies to minors who are visitors, volunteers, employees, interns, individuals participating in shadowing or other outreach programs, and contractors. Other entities/individuals covered by this policy include: All Schools, departments and other units of the University All members of the University community: o Faculty, including senior, junior and visiting faculty o Other salaried and non-salaried academic appointees, including post-doctoral fellows, research fellows, and teaching assistants. o Staff, including salaried exempt workers and hourly non-exempt workers o Students o Volunteers Non-Harvard organizations that operate programs for minors in Harvard facilities, covered by virtue of their facilities use agreements with the University Contractors, including independent contractors, external consultants, workers hired through an outside employment agency, and workers employed on campus through service vendors. HARVARD Page 1 of 10
Minors Under 13: Minors under the age of 13 may not be present in a laboratory, unless they are touring or visiting a laboratory pursuant to the requirements below. Touring/Visiting a Lab: Minors may enter a Harvard laboratory as part of a PI-authorized and supervised tour/visit. The PI or primary supervisor of the laboratory will be responsible for proper supervision and for providing any appropriate personal protective equipment for visitors. Laboratory tours may only be conducted at times when all hazardous materials are properly stored and are not being used for experiments. Minors participating in tours or visits must be supervised at all times while on the premises, and may not participate in any laboratory activities. Harvard Academic Programs: Minors age 13-17 are allowed in a laboratory setting when they are participating in a Harvard academic program, provided that: o They have written consent from their parent or guardian. o They have received general lab safety training from Harvard s Environmental Health and Safety Office (EH&S) which has been documented through their addition to the EH&S Training Management System Roster. o They have been trained in the specific hazards to which they may be exposed in the laboratory and they agree to strictly adhere to the laboratory-specific requirements concerning Personal Protective Equipment ( PPE ) o They are at all times under the direct supervision of a qualified adult designated for this responsibility. Working and Interning in a Lab: Minors age 16-17 are permitted to work in Harvard laboratories as employees or interns (note that unpaid interns must meet the test for intern/trainee status under the Fair Labor Standards Act; see guidance on the Office of General Counsel (OGC) website), provided that: o They have written consent from their parent or guardian. o They have received general lab safety training from EH&S and been trained in the specific hazards to which they may be exposed in the laboratory, and their training has been documented by their addition to the EH&S Training Management System roster. o They agree to strictly adhere to the laboratory-specific requirements concerning Personal Protective Equipment ( PPE ). o They are at all times under the direct supervision of a qualified adult designated for this responsibility. Supervision Required: Minors may not, under any circumstances, be alone in a University laboratory, even if they are only conducting computational work. The PI or primary supervisor and/or the alternate must closely supervise the minor, i.e., work with or near him/her in the laboratory. Ionizing and Non-ionizing Radiation: Minors under the age of 16 may not work with, or be permitted in, a University laboratory that contains radioactive materials. Minors age 16-17 may not work with, or be permitted in, a University laboratory that contains radioactive materials, except if the minor is a Harvard student and has prior approval from the University s Radiation Protection Office. Page 2 of 10
Biological Hazards: Minors may not work with, or be at risk of exposure to, infectious agents. In particular, minors must be isolated from the following biological hazards: Biosafety Level (BL2) or Biosafety Level (BL3) pathogens Primary human and non-human primate materials Biological Select Agents or Toxins Risk Group 2 recombinant materials and viral vectors Controlled Substances: Minors may not have unsupervised access to any setting where research involving controlled substances is being conducted, even if they are enrolled students. Controlled substances are narcotic and non-narcotic substances that are regulated under the federal Controlled Substance Act and the Massachusetts Controlled Substances Act, M.G.L. c. 94C. Chemicals: Minors may not access, handle or work with highly hazardous materials, including pyrophorics, explosives, large quantities of flammable materials, and compounds having a rat oral LD 50 less than or equal to 50mg/Kg or International Agency for Research on Cancer (IARC) Group 1 or 2A carcinogens. This includes packaging or shipping such materials or cleaning up spills of such materials. Lasers: Minors are permitted in laboratories with lasers but may not work with Class 3b or 4 lasers that require registration with the Radiation Safety Officer. Exemptions for minors that are 16-17 may be granted by the University s Radiation Protection Office. Animals: Minors may not access, handle or work with or in close proximity to vertebrate laboratory animals without the approval of an Institutional Animal Care and Use Committee ( IACUC ). Major Physical Hazards: Under Massachusetts law, minors may not engage in work involving major physical hazards. Examples of equipment presenting major physical hazards include: lathes, electric saws, high powered tools, etc.; areas with potentially hazardous noise (e.g. where one has to shout to be heard); electrical hazards such as electrophoresis equipment, high voltage equipment, etc. Respirators: Minors may not work in an area requiring the use of respirators. Exceptions: In view of the open and diverse research environment at Harvard, this policy provides for limited exceptions to these requirements based upon review and written approval by EH&S. In considering whether an exception to this policy is warranted, local departments should forward their request to EH&S. EH&S will consult with Harvard s Youth Protection Office, the Office of the Vice Provost for Research and/or the Office of General Counsel as necessary. Relevant information to consider includes: the specific laboratory environment; the minor s previous lab course work and/or related experience; the safety training the minor will receive; the ability of the lab to provide close supervision; and the purpose of the proposed lab experience. CONTACTS /REFERENCES Environmental Health & Safety http://ehs.harvard.edu/contact Youth Protection Office/Minors on Campus Policy: http://youthprotection.harvard.edu/policy Office of the Vice Provost for Research: http://vpr.harvard.edu/pages/lab-safety Summary of Massachusetts Laws Regarding Minors Work Hours Page 3 of 10
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APPENDIX A Application for Student Minors to Enter Harvard University Laboratories Instructions: Program Director or the PI who is sponsoring the minor who wishes to participate in an educational opportunity in a Harvard University Laboratory must complete this form Submit the completed form to EH&S at Lab_Safety@harvard.edu The proposed activities must not begin until notice from EH&S is received and the required trainings are completed. SECTION 1 Faculty Sponsor or Program Director to complete this section Name and Department of PI: Email address of PI: Contact person for PI (if different): Name of Student: Date of Birth: Age at the start of the proposed activities: Address: Relationship to PI (if applicable): Name of the Harvard sponsored program organizing the activity, if applicable: Program Director or Program Head (if applicable): Description of proposed activities and educational goals, including a list of chemicals and/or materials to be used by the student during the program: NOTE: ongoing organized programs may alternatively attach their program summary document Page 5 of 10
Do the proposed activities involve any of the following? Please answer all. Yes No Hazardous Materials/activities (i.e. infectious materials, radioactive material, hazardous chemical) : (If Yes, please specify): Yes No Human Subjects Yes No Laboratory Animals Location and description of the laboratory where the educational experience will take place: Building: Proposed stipend (if any): Room: Proposed start/end dates: Person responsible for day-to-day lab supervision: Supervisory plan for lab activities: NOTE: Please include a description of the controls that will help to ensure the safety of the student (e.g., observation only, lab-specific and task-specific training to be provided, personal protective equipment, fume hood, biosafety cabinet). Person responsible for ensuring that all training is complete before lab activity begins: I certify that I have reviewed and will comply with the Minors in Lab policy and will follow all policies and procedures related to the student s participation in the proposed educational activities. I have received a copy of the parental consent form signed by the student s parent or legal guardian. I understand that I will keep this document on file for at least 2 years, and will make it available for review upon request. Page 6 of 10
For EHS Use ONLY: EHS may consult with the TSO, Youth Protection Office, or representatives of the University Lab Safety Committee, or Harvard Risk Management Office to assess the suitability of the proposed activity involving minors. Approved Denied Special Conditions: Signature: Date: Page 7 of 10
APPENDIX B Parental Consent Form for Minors Entering a Harvard Laboratory Parent/Legal Guardian Name Date Address Address Dear Parent/Legal Guardian: This consent and release form is required as part of an application for Minor s Name to participate in an educational program or work at Harvard University in a research laboratory in the Department of Department Name. Your child will work under the direct supervision of Name and Title in Building name and location of lab. Individual laboratories vary in the inherent types of potential hazards present. While participating in this program, your child may need to work with or around biological materials, chemicals, radioactive materials or other potentially hazardous materials. As part of this project, Minor s Name will work with or perform the following: Briefly describe proposed lab activities include potentially hazardous materials the student will work with in the laboratory, as well as a specific description of any work involving animals that will be performed by the student. Your child will be required to attend laboratory safety training, and may also be required to attend additional training sessions, depending on the nature of his or her particular project. Additionally, your child will be required to strictly adhere to laboratory-specific requirements concerning Personal Protective Equipment ( PPE ). I hope that this will provide a valuable experience for your child/ward and will engage and challenge him or her. If you have further question on these topics, please call me, or Phone Number for EHS Point of Contact. Sincerely, Supervisor or Program Director Contact Information Page 8 of 10
By signing this consent and release, you consent to the conditions as outlined above. In addition, you understand and acknowledge that Harvard University s facilities are being made available to Minor s Name as an educational opportunity and that he or she is not a student, regular employee, or affiliate of Harvard University. You further understand and acknowledge that Harvard University laboratories may contain hazardous substances and equipment and that Minor s Name may be subjected to potential risks that could result in illnesses or injuries. Minor s Name and you understand these risks and assume them knowingly and willingly. You understand that your child/ward will not receive compensation in any form for his or her time spent in the internship. Harvard University does not make any promise of future employment or compensation at the conclusion of the internship. Please confirm below that your child has health insurance coverage. My child is covered by Name of health insurance plan By signing this statement, you also acknowledge that you have signed the ACKNOWLEDGMENT OF RISK AND RELEASE Non-Harvard Personnel Under the Age of 18 Using Harvard Research Laboratory and Instructional Facilities, which is hereby incorporated by reference. Your signature also represents your agreement for yourself, your spouse (if applicable), and your child to each of the preceding paragraphs. Date: Minor s Name (PRINT): Parent s/legal Guardian s Name (PRINT): Parent s/legal Guardian s Name (Signature): Page 9 of 10
APPENDIX C Environmental Health and Safety Review NOTE: If this same program already has been approved and there are no material changes, this review will not be required during each course offering or for each student. The Environmental Health and Safety (EHS) will review and ensure that the following information has been completed and addressed by the Principal Investigator as part of the approval of this request. This review may include consultation with representatives from the University Laboratory Safety Committee, Office of the Vice Provost for Research or Youth Protection Office. Appendix A and B have been completed and checked. Work with any biological agents has been approved by the IBC. The student is added to the appropriate IBC registration. The animal work is approved by the IACUC. The student is added to the IACUC registration. The student completed the required Laboratory Safety Training on the EHS website and the minor's supervisor has completed lab- and task-specific training and documented it on the Laboratory Safety Orientation Checklist. https://www.ehs.harvard.edu/sites/ehs.harvard.edu/files/lab_safety_orientation_checklist_1.pdf The student completed the required Animal Training by the IACUC. The student completed the Agent Specific Training by the Principal Investigator or designee. The laboratory work is performed in a facility that is appropriate to the Biosafety Safety Level of the agent used (CDC/NIH BMBL Biosafety Level Criteria). EHS has performed the scheduled inspections and all findings have been addressed by the lab. The laboratory has a positive history of compliance that reflects the ability to manage, mentor, and monitor minors/students in safe laboratory practices. Page 10 of 10