NSTA Position Statement | Liability of Science Educators for Laboratory Safety page 1 of 5

National Science Teaching Association Position Statement

Liability of Science Educators for Laboratory Safety

Introduction

Laboratory investigations are essential for the effective teaching and learning of science (NSTA 2007). A school laboratory investigation (“lab”) is an experience in the instructional space (e.g. laboratory, classroom, or the field) that provides students with opportunities to interact directly with natural phenomena or with data collected by others using tools, materials, data collection techniques, and models (NRC 2006, p. 3). Throughout grades K–12, students should have the opportunity to carry out scientific investigations and engineering design projects (NRC 2012).

Inherent in laboratory-based activities is the potential for injury. As professionals, teachers of science have a duty or standard of care to ensure the safety of students, teachers, and staff. Duty of care is defined as an obligation, recognized by law, requiring conformance to a certain standard of conduct to protect others against unreasonable risk (Prosser et al. 1984, NSTA 2014a). “The breach of a particular duty owed to a student or others may lead to liability for both the teacher and the school district that employs that teacher” (Ryan 2001). As such, a science educator must act as a reasonably prudent person would in providing and maintaining a learning and working environment for their students and staff that is as safe as possible.

Educators’ duty to maintain the safest learning environment possible while providing science instruction should be shared by school leaders, district administrators, school boards, parents, and students. It is vital that teachers and administrators communicate regularly and fully on the essentials of safety instruction for students and staff.

NSTA recommends science educators—including those at the elementary level—adhere to the better professional practices and legal safety standards outlined in the NSTA position statement, Safety and School

Science Instruction, and be proactive in ensuring that school and school district leaders know and are adhering to these safety expectations.

Declarations

To provide and maintain a learning and working environment for students and staff that is as safe as possible, NSTA recommends that science educators

• exercise reasonable judgment when conducting laboratory investigations;

• accept the duty of care to provide all students and staff with the safest environment possible when performing hands-on science investigations or demonstrations in the instruction space (laboratory, classroom, or field setting); using, storing, disposing/recycling, or transporting biological, chemical, or physical materials; or engaging in related activities;

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• share the responsibility with school district officials in establishing and implementing written safety standards, policies, and procedures, and ensure their compliance is based on legal safety standards and better professional practices;

• be proactive in seeking professional learning opportunities to implement practices and procedures necessary to conduct laboratory science investigations that are as safe as possible, including specific training on storage, use, and disposal of biological, chemical, and physical materials; use of personal protective equipment; engineering controls; and proper administrative procedures (Roy 2006);

• conduct regular preventative maintenance (as required under OSHA, NFPA, etc. legal safety standards and under ACS, NSELA, NSTA, etc. better professional safety protocols) on engineering controls (e.g., eyewash, shower, ventilation) in science instructional spaces (e.g. laboratories, classrooms, etc.) and related areas (e.g. storerooms, preparation rooms, etc.) and ensure controls are accessible and appropriate for the specific class subject, type of investigation, and student development level;

• modify or select alternative activities to perform when the proposed activities cannot be performed safely or a safer environment cannot be maintained, based on hazards analysis, risks assessment, and available safety actions;

• identify, document, and notify school and district officials about existing or potential safety issues that impact the learning environment, including hazards such as class-size and/or occupancy load overcrowding in violation of occupancy load codes (ICC 2024, NFPA 2024) or contrary to safety research (West and Kennedy 2014), inadequate or defective equipment, inadequate number or size of labs, or improper facility design (Motz, Biehle, and West 2007), and give necessary recommendations to correct the issue or rectify a particular situation (see NSTA safety statement for specific recommendations); and

• understand the scope of the duty of care in acting as a reasonably prudent person in providing science instruction, and acknowledge the limitations of insurance in denying coverage for reckless and intentional acts, as well as the potential for individual liability for acts outside the course and scope of employment. [See generally, Restatement (Second) of Torts §202. 1965; Anderson, Stanzler, and Masters 1999, p. 398.]

To provide and maintain a learning and working environment for students and staff that is as safe as possible, NSTA recommends school district officials, including administrators, principals, assistant principals, science supervisors, and superintendents:

• review existing school or employer insurance policies to ensure adequate liability insurance coverage for laboratory-based science instruction;

• develop and implement comprehensive safety policies with clear procedures for engaging in lab activities; ensure that these policies comply with all applicable local, state, and federal health and safety codes, regulations, ordinances, and other rules established by the applicable oversight organization, including the Occupational Safety & Health Administration (OSHA), International Code Council (ICC), and National Fire Protection Association (NFPA); and be reviewed and updated annually in consultation with school or district science educators;

• ensure better professional safety practices by following safety recommendations of established organizations, such as NSTA and its affiliates, the National Science Education Leadership Association, and the American Chemical Society;

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• become knowledgeable of and enforce all local, state, and federal codes and regulations to ensure a learning environment for students and staff that is as safe as possible (Particular attention should be given to hazard prevention, including reasonable class sizes to prevent overcrowding in violation of occupancy load codes (ICC 2024, NFPA 2024) or contrary to safety research (West and Kennedy 2014); adequate number or size of labs (Motz, Biehle, and West 2007). Attention should also be given to replacement or repair of inadequate or defective equipment, and the proper use, storage, disposal, or recycling of biological, chemical, and physical materials.);

• understand that the number of occupants allowed in the laboratory must be set at a level based on building and fire safety codes; size and design of the laboratory teaching facility; biological, chemical, or physical hazards; and students’ needs (NSTA 2015a; Roy 2006);

*Note: Science classes should have no more than 24 students to allow for adequate supervision during science activities, even if the occupancy load limit might accommodate more (NSTA 2014b). It is equally important to ensure adequate workspace for each student. NSTA recommends 60 sq. ft. for each secondary student and 45 sq. ft. for each elementary student in a laboratory/classroom setting (Motz, Biehle, and West 2007).

• require teachers to work together with the school employer to develop, maintain, and implement chemical hygiene plans based on OSHA’s Laboratory Standard (Occupational Exposure to Hazardous Chemicals in Laboratories) criteria (OSHA 29 CFR 1910.1450) and Right to Understand Standard (OSHA 29 CFR 1910.1200);

• obtain materials and resources from national, state, and local organizations that will inform and educate teachers about safer laboratory activities, safety procedures, legal safety standards and better professional safety practices in the teaching of science;

• provide teachers with sustained, comprehensive training in lab logistics—including setup, safety, management of materials and equipment, and assessment of student practices—at the time of initial assignment and before being assigned to a new exposure situation (OSHA 29 CFR 1910.1450[f][2]) (This should include storage, use, and disposal of biological, physical, and chemical materials; use of personal protective equipment; engineering controls; and proper administrative procedures.);

• ensure that the custodial and/or plant and facilities staff conduct regular preventative maintenance on engineering controls (e.g., eyewash, shower, ventilation) in science instructional spaces (e.g. classrooms and laboratories) and ensure controls are accessible and appropriate for the specific class subject, type of investigation, and student development level;

• ensure that teacher training occurs on an annual basis to keep teachers well informed about changes in safety procedures (NSTA 2015b);

• support the decisions of teachers to modify or select alternative activities when the proposed activities cannot be performed safely; and

• conduct annual safety audits to ensure school science facilities are as safe as possible and are adequately supplied and properly equipped (Motz, Biehle, and West 2007; Ryan 2001).

To ensure a learning environment that is as safe as possible, NSTA recommends that members of the school board:

• support the continual improvement of school science facilities and science curriculum and instruction,

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and if possible, conduct a districtwide review of science facilities and instruction every three to five years;

• ensure that the district has adequate insurance to cover liability claims arising in the science instruction spaces (e.g.classroom/laboratory) and related areas (storerooms, preparation rooms, etc.); and

• adopt districtwide policies for safety, including guidelines for a working environment for all employees that is as safe as possible.

—Adopted by the NSTA Board of Directors, September 2007 —Revised December 2017 —Revised April 2024

References

Anderson, E. R., J. S. Stanzler, and L. S. Masters. 1999.

Insurance coverage litigation. 2nd ed. New York,

NY: Aspen Law & Business Publishers.

International Code Council (ICC). 2024. Occupant Load.

Motz, L. L., J. T. Biehle, and S. S. West. 2007. NSTA

guide to planning school science facilities, Second

Edition. Arlington, VA: NSTA Press.

National Fire Protection Association (NFPA). 2024.

Section 7.3.1.2 Occupant Load, Life Safety Code

101-75.

National Research Council (NRC). 2012. A framework

for K–12 science education: Practices, crosscutting

concepts, and core ideas. Washington, DC: The

National Academies Press.

National Science Teaching Association (NSTA). 2007.

NSTA Position Statement: The Integral Role of

Laboratory Investigations in Science Instruction.

National Science Teaching Association (NSTA). 2014a.

Duty of Care.

National Science Teaching Association (NSTA). 2014b.

Overcrowding in the Instructional Space.

National Science Teaching Association (NSTA). 2015a.

NSTA Position Statement: Safety and School

Science Instruction.

National Science Teaching Association (NSTA). 2015b.

Managing Your Chemical Inventory; Parts 1, 2, and

3.

Occupational Safety & Health Administration (OSHA).

1987. 29 CFR 1910.1200 Hazard Communication

Standard (Right to Know Law).

Occupational Safety & Health Administration (OSHA).

1990. 29 CFR 1910.1450. The Laboratory Standard,

Part Q (Chemical Hygiene Law).

Occupational Safety & Health Administration (OSHA).

1990. 29 CFR 1910.1450(f)(2). Occupational

Exposure to Hazardous Chemicals in Laboratories.

Prosser, W. L., W. P. Keeton, D. B. Dobbs, R. E. Keeton,

and D. G. Owen, eds. 1984. Prosser and Keeton on

torts. 5th ed. Eagan, MN: West Group.

Roy, K. 2006. Proactive safety. Science Scope 30 (1):

72, 74.

Ryan, K. 2001. Science classroom safety and the law: A

handbook for teachers. Batavia, IL: Flinn Scientific,

Inc.

West, S., and L. Kennedy. 2014. Safety in Texas

Secondary Science Classrooms. Texas Academy of

Science (58).

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Additional Resources

Americans with Disabilities Act of 1990 (ADA). See www.

usdoj.gov/crt/ada/adahom1.htm and www.ada.gov/

pubs/ada.htm.

Individuals with Disabilities Education Act (IDEA). See

www.ed.gov/offices/OSERS/Policy/IDEA/index.html

and www4.law.cornell.edu/uscode/20/1400.html.

International Code Council (ICC). See www.iccsafe.org.

National Fire Protection Association (NFPA). See www.

nfpa.org.

National Research Council (NRC). 2006. America’s

lab report: Investigations in high school science.

Washington, DC: National Academies Press.

National Science Teaching Association (NSTA). 2004.

Investigating safely: A guide for high school

teachers. Arlington, VA: NSTA Press.

Occupational Safety & Health Administration (OSHA).

U.S. Department of Labor. See www.osha.gov

NSTA Position Statement | Safety and School Science Instruction page 1 of 5

National Science Teaching Association Position Statement

Safety and School Science Instruction Introduction

Science activities, including hands-on investigations, explorations, and demonstrations are essential for high-quality K–12 science instruction and occur in various locations both inside and outside schools, including science classrooms, laboratories, or the field (Bass, Yumol, and Hazer 2011). These activities build student knowledge and skills in science and address the nation’s critical need for high-quality education in science, technology, engineering, and mathematics (STEM) subjects. These skills are supported by the Next

Generation Science Standards (NGSS) (NGSS Lead States 2013). Inherent in conducting science activities, however, is the potential for injury.

The National Science Teaching Association (NSTA) encourages K–12 school leaders and teachers to promote and support the use of science activities in science instruction and work to avoid and reduce injury. NSTA provides the following guidelines for school leaders (including principals, assistant principals, school and district science supervisors, superintendents, board of education members, and others) to develop safety programs that include the effective management of biological, chemical, and physical hazards, implement safety training for teachers and others, and create school environments that are as safe as possible.

NSTA recommends science educators—including those at the elementary level—adhere to the better professional safety practices and legal safety standards listed below and be proactive in ensuring that school and school district leaders know and are adhering to these safety expectations.

While these recommendations are geared for K–12 school systems, NSTA recommends that schools of higher education adopt similar robust guidelines. It is equally important that they provide adequate safety training for preservice teachers. NSTA recommends teachers and school leaders visit the NSTA Safety Portal for up-to- date information on safety issues and guidelines.

Declarations

Comprehensive safety programs are important tools in reducing injury during science activities. School district leaders are responsible for developing and adopting a comprehensive safety program that includes safety policies and procedures that are consistent with better professional practices and legal safety standards. NSTA recommends school districts develop safety programs based on the following guidelines:

• Safety programs should be consistent with the Duty of Care (NSTA Safety Advisory Board 2014a) as applied to engineering controls (e.g., fume hoods, fire extinguishers, etc.), administrative procedures (e.g., chemical management policies and emergency procedures), and personal protective equipment (safety goggles, gloves, etc.).

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• Safety programs should include a Chemical Hygiene Plan that allows for the proper management of hazardous chemical and biological materials (e.g., appropriate selection, storage, inventory, use, and disposal). Program procedures should meet or exceed existing standards adopted from federal government agencies, such as the Environmental Protection Agency (EPA), and Occupational Safety and Health Administration (OSHA); professional material standards associations, such as the National Fire Protection Association (NFPA), International Code Council (ICC), and the American National Standards Institute (ANSI); professional teacher associations, such as NSTA, the National Science Education Leadership Association (NSELA), and the American Chemical Society (ACS); and/or appropriate state and local agencies.

• All school employees, independent contractors, and emergency personnel should have direct access to Safety Data Sheets (SDS), or other similar updated guidelines, for all hazardous chemicals used in instruction. SDS set forth guidelines for the safer handling and use of chemicals. OSHA publishes these guidelines and has adopted a new system titled the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

• School districts should designate one or more chemical hygiene officers, or someone equivalent who has the knowledge and training to monitor and oversee the implementation of a Chemical Hygiene Plan. NSTA encourages all school districts, including those not covered under OSHA’s Laboratory Standard (OSHA 1990), to comply with this laboratory standard for a safer working and learning environment.

• School district officials, such as principals, assistant principals, science supervisors, superintendents, and board of education members, must share the responsibility of establishing, promoting, maintaining, and updating safety programs to include changes in legal safety standards and better professional practices.

• School district officials should inform teachers of the nature and limits of applicable professional liability and/or tort insurance held by the school district (NSTA 2007a).

Safety training is essential to ensure that science activities are conducted in the safest manner possible. NSTA recommends the following for safety training programs:

• All teachers and others responsible for the safety of students and other personnel should receive necessary, appropriate, and ongoing safety training related to the operation of the engineering controls, personal protective equipment, safety procedures, and all components of the chemical hygiene plan.

• School districts, as employers, have the legal responsibility to conduct districtwide science safety training for all K–12 teachers of science upon their initial assignments to classrooms, labs, or storerooms where hazardous chemicals are present and prior to assignments involving new exposure situations. In addition, training should occur on an annual basis so teachers can review, discuss, and update the safety program; share experiences and better professional practices; and receive legal updates and other information related to science instruction and safety.

• All teachers of science should have the opportunity to participate in the design and implementation of safety training programs that meet the goals set forth in the school district’s overall safety program, including the Chemical Hygiene Plan.

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• Safety training programs should cover the legal duty or standard of care owed by teachers to students (NSTA 2007b) and include state safety regulations and all school board policies applicable to the science classroom.

• Safety training programs should include ways to reduce risk of injury from exposure to blood-borne pathogens and other potentially infectious materials (OPIM) (OSHA 1992).

• Safety training should include strategies for accommodating students with academic, remedial, or physical needs as well as those who are English Language Learners.

• Safety training programs should help teachers learn how to understand and apply the contents of SDS or other guidelines in preparation for hazardous chemical use.

NSTA recommends the following to establish and maintain the safest environment possible for science activities:

• All schools, even if not required by law, should provide appropriate safety engineering controls (e.g., eyewash stations/showers, fume hoods, ventilation systems, and extinguishers); procedures (e.g., chemical management policies and emergency procedures); and personal protective equipment (e.g., goggles, gloves, and aprons).

• Teachers should identify, document, and notify school and district officials about existing or potential safety issues that impact the teaching and learning environment—including hazards such as class sizes in violation of occupancy load codes (ICC 2012, NFPA 2015), an insufficient number of labs, or labs of insufficient size (NSTA 2014b); practices that are contrary to safety research (West and Kennedy 2014); inadequate or defective equipment; or improper facility design (Motz, Biehle, and West 2007)—and give necessary recommendations to correct or rectify the issue.

• School leaders and teachers should consult research that identifies three safety concerns regarding overcrowding: adult supervision, individual workspace area, and occupancy load for which the space was designed. Classes containing more than 24 students engaged in science activities cannot safely be supervised by one teacher. Additionally, research data show that accidents rise dramatically as class enrollments exceed 24 students or when inadequate individual workspace is provided (West and Kennedy 2014). For more information, visit Overcrowding in the Instructional Space and other documents located in the NSTA Safety Portal.

• Teachers should assess the safety risks (e.g., overcrowding such as surpassed occupancy load limits, inoperable engineering controls, etc.) for each proposed learning activity and make appropriate modifications when needed. Teachers should eliminate an activity if, in exercising their professional judgment, they believe the activity cannot be performed safely with modification (NSTA 2014b). The school district should not discipline the teacher for exercising such judgment in an objectively reasonable manner.

• Materials intended for human consumption, including food and/or drink, should not be permitted in any laboratory or instructional classroom space where laboratory activities will be conducted, or where hazardous chemicals or physical/biological hazards have been used.

• No science activities involving chemical or bacterial hazards should take place in cafeterias or other areas specifically designed for food consumption.

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• Teachers should know and understand the “Duty or Standard of Care,” which is defined as an obligation, recognized by law, requiring conformance to a certain standard of conduct to protect others against unreasonable risk (NSTA Safety Advisory Board 2014a).

• Teachers should advise students about appropriate safety precautions when using hazardous chemicals.

• School administrators should notify teachers of student health concerns that may place a student or others at risk in accordance with existing privacy legislation.

• School district leaders and teachers should send written safety acknowledgment forms to parents and guardians regarding legal safety regulations and better professional practices to be followed in science instruction (NSTA Safety Advisory Board 2013). The safety acknowledgment forms should be kept on file for the length of time required by individual state statute of limitations.

• Teachers should plan fo

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