Right to know is a
human right
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
enshrined in law in several countries.
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...
defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive
knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to
freedom of information
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
or
informed consent
Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
.
Australia
Right to know regarding environmental hazard information is protected by Australian law, which is described at
.
Right to know regarding workplace hazard information is protected by Australian law, which is described at
Safe Work Australia
Safe Work Australia is an Australian Government statutory agency established in 2009 under the Safe Work Australia Act 2008. Their primary responsibility is to improve work health and safety and workers’ compensation arrangements across Austra ...
and at the Hazardous Substances Information System.
Canada
Right to know regarding
workplace hazard information is protected by Canadian law.
Right to know regarding environmental hazard information is protected by Canadian law, which is described at
Environment Canada
Environment and Climate Change Canada (ECCC; french: Environnement et Changement climatique Canada),Environment and Climate Change Canada is the applied title under the Federal Identity Program; the legal title is Department of the Environment ( ...
.
Europe
Europe consists of many countries, each of which has its own laws. The
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
provides central access to most of the information about individual regulatory agencies and laws.
Right to know about environmental hazards is managed by the European Commission's
Directorate-General for the Environment
Directorate-General for Environment (DG ENV) is a Directorate-General of the European Commission, responsible for the Environmental policy of the European Union. In 2010 "relevant limate changeactivities in DG Environment" were moved to the new ...
and by the
European Environment Agency
The European Environment Agency (EEA) is the agency of the European Union (EU) which provides independent information on the environment.
Definition
The European Environment Agency (EEA) is the agency of the European Union (EU) which provides i ...
.
Right to know about workplace hazards is managed by the
European Agency for Safety and Health at Work
The European Agency for Safety and Health at Work (EU-OSHA) is a decentralised agency of the European Union with the task of collecting, analysing and disseminating relevant information that can serve the needs of people involved in safety and h ...
.
United States
In the context of the United States workplace and community
environmental law
Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the manage ...
, right to know is the legal principle that the individual has the right to know the chemicals to which they may be exposed in their daily living. It is embodied in
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
as well as in
local
Local may refer to:
Geography and transportation
* Local (train), a train serving local traffic demand
* Local, Missouri, a community in the United States
* Local government, a form of public administration, usually the lowest tier of administrat ...
laws in several
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
s. "Right to Know" laws take two forms: Community Right to Know and Workplace Right to Know. Each grants certain rights to those groups. The "right to know" concept is included in
Rachel Carson
Rachel Louise Carson (May 27, 1907 – April 14, 1964) was an American marine biologist, writer, and conservationist whose influential book ''Silent Spring'' (1962) and other writings are credited with advancing the global environmental m ...
's book ''
Silent Spring
''Silent Spring'' is an environmental science book by Rachel Carson. Published on September 27, 1962, the book documented the environmental harm caused by the indiscriminate use of pesticides. Carson accused the chemical industry of spreading d ...
''.
Toxic substances used in the work area must be disclosed to the occupants under laws managed by
Occupational Safety and Health Administration
The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agenc ...
.
Hazardous substances used outside buildings must be disclosed to the appropriate state or local agency responsible for state environmental protection, including regulatory actions outside federal land. Use on federal land is managed by the
United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
and the
Bureau of Land Management
The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering federal lands. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
.
The
US Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secu ...
is self-regulating, and as such, is immune to state and federal law pertaining to
Occupational Safety and Health Administration
The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agenc ...
OSHA and
Environmental Protection Agency
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...
(EPA) regulations on foreign and domestic soil.
Occupational Safety and Health Administration
Occupational Health and Safety is managed within most states under federal authority.
Workplace safety and health in the U.S. operates under the framework established by the federal
Occupational Safety and Health Act
The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by P ...
of 1970 (OSH Act).
Occupational Safety and Health Administration
The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agenc ...
(OSHA) within the
U.S. Department of Labor
The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemploym ...
is responsible for issuing and enforcing regulations covering workplace safety.
The
Department of Transportation is responsible for transportation safety and for maintaining the list of hazardous materials.
The
Environmental Protection Agency
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...
is responsible for maintaining lists of specific hazardous materials.
Environmental Protection Agency
Environmental health and safety outside the workplace is established by the
Emergency Planning and Community Right-to-Know Act
The Emergency Planning and Community Right-to-Know Act of 1986 is a United States federal law passed by the 99th United States Congress located at Title 42, Chapter 116 of the U.S. Code, concerned with emergency response preparedness.
On October ...
(EPCRA), which is managed by the
Environmental Protection Agency
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...
(EPA) and various state and local government agencies.
State and local agencies maintain
epidemiology
Epidemiology is the study and analysis of the distribution (who, when, and where), patterns and determinants of health and disease conditions in a defined population.
It is a cornerstone of public health, and shapes policy decisions and evidenc ...
information required by physicians to evaluate environmental illness.
Air quality information must be provided by pest control supervisors under license requirements established by the
Worker Protection Standard when
restricted use pesticide
Restricted use pesticides (RUP) are pesticides not available to the general public in the United States. Fulfilling its pesticide regulation responsibilities, the United States Environmental Protection Agency (EPA) registers all pesticides and ins ...
is applied.
The list of
restricted use pesticide
Restricted use pesticides (RUP) are pesticides not available to the general public in the United States. Fulfilling its pesticide regulation responsibilities, the United States Environmental Protection Agency (EPA) registers all pesticides and ins ...
s is maintained by the US EPA.
Additionally, specific environmental pollutants are identified in public law, which extends to all hazardous substances even if the item is not identified as a restricted use pesticide by the EPA. As an example,
cyfluthrin
Cyfluthrin is a pyrethroid insecticide and common household pesticide. It is a complex organic compound and the commercial product is sold as a mixture of isomers. Like most pyrethroids (MoA 3a), it is highly toxic to fish and invertebrates, but ...
,
cypermethrin
Cypermethrin (CP) is a synthetic pyrethroid used as an insecticide in large-scale commercial agricultural applications as well as in consumer products for domestic purposes. It behaves as a fast-acting neurotoxin in insects. It is easily degraded ...
, and cynoff produce hydrogen cyanide upon combustion, but some pesticides that inadvertently produce noxious chemicals may not be identified as restricted-use pesticides.
* Title 42 U.S.C. Section 7412 identifies the list of environmental pollutants.
Some specific chemicals, such as
cyaniate,
cyanide
Cyanide is a naturally occurring, rapidly acting, toxic chemical that can exist in many different forms.
In chemistry, a cyanide () is a chemical compound that contains a functional group. This group, known as the cyano group, consists of ...
,
cyano
Cyanide is a naturally occurring, rapidly acting, toxic chemical that can exist in many different forms.
In chemistry, a cyanide () is a chemical compound that contains a functional group. This group, known as the cyano group, consists of a ...
, and
nitrile
In organic chemistry, a nitrile is any organic compound that has a functional group. The prefix ''cyano-'' is used interchangeably with the term ''nitrile'' in industrial literature. Nitriles are found in many useful compounds, including met ...
compounds, satisfy the specific hazard definition that is identified in public law regardless of whether or not the item is identified on the list of restricted use pesticides maintained by the United States Environmental Protection Agency. Title 42 U.S.C. Section 7413 contains the reporting requirement for environmental pollutants.]
Environmental illness share characteristics with common diseases. For example, cyanide exposure symptoms include weakness, headache, nausea, confusion, dizziness, seizures, cardiac arrest, and unconsciousness.
Influenza
Influenza, commonly known as "the flu", is an infectious disease caused by influenza viruses. Symptoms range from mild to severe and often include fever, runny nose, sore throat, muscle pain, headache, coughing, and fatigue. These symptoms ...
and
heart disease
Cardiovascular disease (CVD) is a class of diseases that involve the heart or blood vessels. CVD includes coronary artery diseases (CAD) such as angina and myocardial infarction (commonly known as a heart attack). Other CVDs include stroke, hea ...
include the same symptoms.
Failure to obtain proper disclosure that is required by physicians will result in improper, ineffective, or delayed medical diagnosis and treatment for environmental illness caused by exposure to hazardous substance and by exposure to radiation.
Department of Transportation (DOT)
The Library Pipeline and Hazardous Material Safety Administration within the
US Department of Transportation
The United States Department of Transportation (USDOT or DOT) is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the President of the United States and ...
is responsible for maintaining the list of hazardous materials within the United States.
All hazardous materials that are not created at the work site must be transported by motor vehicle. The safety and security of the public transportation system is enforced by the Department of Transportation.
The Department of Transportation also regulates mandatory labeling requirements for all
hazardous materials
Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials ( syllabi ...
. This is in addition to requirements by other federal agencies, like the
United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
, and
Occupational Safety and Health Administration
The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agenc ...
.
DOT is responsible for enforcement actions and public notification regarding hazardous chemical releases and exposures, including incidents involving federal workers.
DOT requires that all buildings and vehicles containing hazardous materials must have signs that disclose specific types of hazards for
certified first responder
A certified first responder is a person who has completed a course and received certification in providing pre-hospital care for medical emergencies. Certified individuals should have received much more instruction than someone who is trained ...
.
Department of Energy (DOE)
Safety of certain workers is governed by the
US Department of Energy
The United States Department of Energy (DOE) is an executive department of the U.S. federal government that oversees U.S. national energy policy and manages the research and development of nuclear power and nuclear weapons in the United State ...
, such as mine workers. Public information can be obtained in the form of directives.
Department of Defense (DOD)
The
United States Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secu ...
manages environmental safety independent of OSHA and EPA. Spills, mishaps, illnesses, and injuries are not normally handled in accordance with local, state, and federal law.
Failure to administer discipline for illegal activity occurring within a military command is considered to be
dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given o ...
, which is administered under the
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
.
Individuals with information about environmental crimes and injuries involving the military are protected by
Whistleblower protection in United States
A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in ...
. Government employees, government contractors, and military officers often lack the training, education, licensing, and experience required to understand the legal requirements involving environmental safety. The sophistication required to understand legal requirements is not normally required for promotion and contractor selection within the military. Because of this, specific rules are documented in orders and directives that need to be written in plain language intended to be understood by people that have a 4th-grade reading ability.
Laws are enforced by the
commanding officer
The commanding officer (CO) or sometimes, if the incumbent is a general officer, commanding general (CG), is the officer in command of a military unit. The commanding officer has ultimate authority over the unit, and is usually given wide latitu ...
in military organizations. The commanding officer typically has the ability to read and understand written requirements. A
Flag Officer
A flag officer is a commissioned officer in a nation's armed forces senior enough to be entitled to fly a flag to mark the position from which the officer exercises command.
The term is used differently in different countries:
*In many countr ...
is subject to
Court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
action if laws or government policies are violated under their command when the activity is outside the scope of mission orders and
rules of engagement
Rules of engagement (ROE) are the internal rules or directives afforded military forces (including individuals) that define the circumstances, conditions, degree, and manner in which the use of force, or actions which might be construed as pro ...
. Each commanding officer is responsible for writing and maintaining policies simple enough to be understood by everyone in their command. Each commanding officer is responsible for ensuring that command policy documents are made available to every person in their command (civilian, military, and contractor). The commanding officer is responsible for disciplinary action and public disclosures when policies are violated within their command.
The commanding officer shares responsibilities for crimes that are not punished (dereliction).
Military agencies operate independently of law enforcement, judicial authority, and
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. Similar exemptions exist for some state agencies.
Potential crimes are investigated by
military police
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear recon ...
. The following is an example of the kinds of policy documents used to conduct criminal investigations.
Because military law enforcement is performed with no independent civilian oversight, there is an inherent
conflict of interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
. Information and disclosures are obtained through
Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request:
* Freedom of Information Act 1982, the Australian act
* ...
request and not through disclosures ordinarily associated with the EPA and OSHA that have the competency required for training, certification, disclosure, and enforcement. This prevents physicians from obtaining the kind of information needed to diagnose and treat environmental illness, so the root cause for environmental illness typically remains permanently unknown. The following organization may help when the root cause for an illness remains unknown longer than 30 days.
Criminal violations, injuries, and potential enforcement actions begin by exchanging information in the following venues when civilian government employees and flag officers are unable to deal with the situation in an ethical manner.
*
Local labor union officials
*
Freedom of information in the United States
Freedom of information in the United States results from freedom of information legislation at the federal level and in the fifty states.
Federal level
The federal government is bound by several laws intended to promote openness in government. ...
*
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
*
Office of the Inspector General, U.S. Department of Defense
The Department of Defense Inspector General (DoDIG) is an independent, objective agency that provides oversight related to the programs and operations of the United States Department of Defense (DoD). DoD IG was created in 1982 as an amendment t ...
Hotline
*
United States Secretary of Defense
The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The s ...
*
President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
*
United States Secretary of State
The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
*
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
*
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
US federal laws, state laws, local laws, foreign laws, and treaty agreements may not apply.
Policies are established by
Executive Order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
and not public law, except for interventions by the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
and interventions by US district courts.
The following US presidential
executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
s establish the requirements for DoD environmental policy for government organizations within the executive branch of the United States.
* Executive Order 12114 - Environmental effects abroad of major Federal actions
* Executive Order 12196 - Occupational safety and health programs for Federal employees
* Executive Order 12291 - Regulatory planning process
* Executive Order 12344 - Naval Nuclear Propulsion Program
* Executive Order 12898 - Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
* Executive Order 12958 - Classified National Security Information
* Executive Order 12960 - Amendments to the Manual for Courts-Martial
* Executive Order 12961 - Presidential Advisory Committee on Gulf War Veterans' Illnesses
* Executive Order 13101 - Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition
* Executive Order 13148 - Greening the Government Through Leadership in Environmental Management
* Executive Order 13151 - Global Disaster Information Network
* Executive Order 13388 - Further Strengthening the Sharing of Terrorism Information to Protect American
* Executive Order 12656 - Assignment of emergency preparedness responsibilities
* Executive Order 13423 - Strengthening Federal Environmental, Energy, and Transportation Management
* Executive Order 13526 - Classified National Security Information Memorandum
The following unclassified documents provide further information for programs managed by the United States
Secretary of Defense
A defence minister or minister of defence is a cabinet official position in charge of a ministry of defense, which regulates the armed forces in sovereign states. The role of a defence minister varies considerably from country to country; in som ...
.
* DoD Directive 3150.08 - DoD Response to Nuclear and Radiological Incidents
* DoD Directive 3222.3 - DoD Electromagnetic Environmental Effects (E3)
* Directive 4715.1 - Environment, Safety, and Occupational Health (ESOH)
* DoD Directive 4715.3 - Environmental Conservation Program
* DoD Directive 4715.5 - Management of Environmental Compliance at Overseas Installations
* Directive 4715.8 - Environmental Remediation for DoD Activities Overseas
* DoD Directive 4715.11 - Environmental and Explosives Safety Management on Operational Ranges Within the United States
* DoD Directive 4715.12 - Environmental and Explosives Safety Management on Operational Ranges Outside the United States
* DoD Directive 6050.07 - Environmental Effects Abroad of Major Department of Defense Actions
Available information
The information described in this section is for the United States, but most countries have similar regulatory requirements.
Two mandatory documents must provide hazard information for most toxic products.
* Product Label
*
Safety Data Sheet
A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely ...
Product label requirements are established by the
Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment. It is administered and regulated by t ...
under the authority of the
United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
. As a minimum this requires information about the chemical makeup of the product, instructions required for the safe use of the product, and contact information for the manufacturer of the product.
* Title 40 CFR --Protection of Environment (parts 150 to 189) CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
A
Safety Data Sheet
A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely ...
is required under the authority of the United States
Occupational Safety and Health Administration
The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agenc ...
for hazardous materials to communicate health and safety risks needed by health care professionals and emergency responders.
* Title 29: Labor PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS Subpart Z—Toxic and Hazardous Substances
A summary of workers rights is available from
OSHA
OSHA or Osha may refer to:
Work
* Occupational Safety and Health Administration, a federal agency of the United States that regulates workplace safety and health
* Occupational Safety and Health Act (United States) of 1970, a federal law in the Un ...
.
Chemical information is most frequently associated with the right to know but there are many other types of information that are important to workplace safety and health. The following sources of information are those most likely to be found at the workplace or in state or federal agencies with jurisdiction over the workplace:
*Injury and illness records which employers are required to keep.
*Accident investigation reports.
*Workers’ compensation claim forms and records.
*Safety data sheets (SDS) and labels for hazardous chemicals used or present in the workplace.
*Chemical inventories required by federal and state regulations.
*Records of monitoring and measurement of worker exposure to chemicals, noise, radiation, or other hazards.
*Workplace inspection reports, whether done by a safety committee, employer safety and health personnel, OR-OSHA insurance carriers, fire departments, or other outside agencies.
*Job safety analysis, including ergonomic evaluations of jobs or workstations.
*Employee medical records or studies or evaluations based on these records.
*OSHA standards and the background data on which they are based.
Hazard Communication (HazCom 2012)
Note:Refer to 29 CFR 1910.1200 for the most current and updated information.
The
Hazard Communication Standard The Hazard Communication Standard requires employers in the United States to disclose toxic and hazardous substances in workplaces. This is related to the Worker Protection Standard.
Specifically, this requires unrestricted employee access to the ...
first went into effect in 1985 and has since been expanded to cover almost all workplaces under OSHA jurisdiction. The details of the Hazard Communication standard are rather complicated, but the basic idea behind it is straightforward. It requires chemical manufacturers and employers to communicate information to workers about the hazards of workplace chemicals or products, including training.
The Hazard Communication standard does not specify how much training a worker must receive. Instead, it defines what the training must cover. Employers must conduct training in a language comprehensible to employees to be in compliance with the standard. It also states that workers must be trained at the time of initial assignment and whenever a new hazard is introduced into their work area. The purpose for this is so that workers can understand the hazards they face and so that they are aware of the protective measures that should be in place.
It is very difficult to get a good understanding of chemical hazards and particularly to be able to read SDSs in the short amount of time that many companies devote to hazard communication training. When OSHA conducts an inspection, the inspector will evaluate the effectiveness of the training by reviewing records of what training was done and by interviewing employees who use chemicals to find out what they understand about the hazards.
The
United States Department of Transportation
The United States Department of Transportation (USDOT or DOT) is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the President of the United States and ...
(DOT) regulates hazmat transportation within the territory of the US by ''
Title 49 of the Code of Federal Regulations
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
''.
*
Dangerous Goods
Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials ( syllabi ...
All chemical manufacturers and importers must assess the hazards of the chemicals they produce and import and pass this information on to transportation workers and purchasers through labels and
Safety Data Sheets (SDSs). Employers whose employees may be exposed to hazardous chemicals on the job must provide hazardous chemical information to those employees through the use of SDSs, properly labeled containers, training, and a written hazard communication program. This standard also requires the employer to maintain a list of all hazardous chemicals used in the workplace. The SDSs for these chemicals must be kept current and they must be made available and accessible to employees in their work areas.
Chemicals that may pose health risks or those that are physical hazards (such as fire or explosion) are covered. List of chemicals that are considered hazardous are maintained according to the use or purpose. There are several existing sources that manufacturers and employers may consult. These include:
*Any substance for which OSHA has a standard in force, including any substance listed in the Air Contaminants regulation.
*Substances listed as
carcinogens
A carcinogen is any substance, radionuclide, or radiation that promotes carcinogenesis (the formation of cancer). This may be due to the ability to damage the genome or to the disruption of cellular metabolic processes. Several radioactive substan ...
(causing cancer) by the
National Toxicology Program
The National Toxicology Program (NTP) is an inter-agency program run by the United States Department of Health and Human Services to coordinate, evaluate, and report on toxicology within public agencies.
The National Toxicology Program is headqua ...
(NTP) or the
International Agency for Research on Cancer
The International Agency for Research on Cancer (IARC; french: Centre International de Recherche sur le Cancer, CIRC) is an intergovernmental agency forming part of the World Health Organization of the United Nations.
Its role is to conduct and ...
(IARC).
*Substances listed in the Threshold Limit Values for Chemical Substances and Physical Agents, published by the
American Conference of Governmental Industrial Hygienists
The American Conference of Governmental Industrial Hygienists (ACGIH) is a professional association of industrial hygienists and practitioners of related professions, with headquarters in Cincinnati, Ohio. One of its goals is to advance worker pr ...
(ACGIH).
*Restricted Use Products (RUP) Report; EPA
Ultimately, it is up to the manufacturer to disclose hazards.
There are other sources of information about chemicals used in industry as a result of state and federal laws regarding the Community Right to Know Act.
The
Air Resources Board
The California Air Resources Board (CARB or ARB) is the "clean air agency" of the government of California. Established in 1967 when then-governor Ronald Reagan signed the Mulford-Carrell Act, combining the Bureau of Air Sanitation and the Moto ...
is responsible for public hazard disclosures in
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
. Pesticide use disclosures are made by each pest control supervisor to the County Agricultural Commission.
Epidemiology
Epidemiology is the study and analysis of the distribution (who, when, and where), patterns and determinants of health and disease conditions in a defined population.
It is a cornerstone of public health, and shapes policy decisions and evidenc ...
information is available from the California Pesticide Information Portal, which can be used by health care professionals to identify the cause for environmental illness.
Under the
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
Community Right to Know Act (ORS 453.307-372) and the federal Superfund Amendments and Reauthorization Act (SARA) Title III, the Office of the State
Fire Marshal
A fire marshal, in the United States and Canada, is often a member of a state, provincial or territorial government, but may be part of a building department or a separate department altogether. Fire marshals' duties vary but usually in ...
collects information on hazardous substances and makes it available to emergency responders and to the general public. Among the information which companies must report are:
*Inventories of amounts and types of hazardous substances stored in their facilities.
*Annual inventories of toxic chemicals released during normal operations.
*Emergency notification of accidental releases of certain chemicals listed by the Environmental Protection Agency.
The information can be obtained in the form of an annual report of releases for the state or for specific companies. It is available on request from the Fire Marshal’s Office and is normally free of charge unless unusually large quantities of data are involved.
Chemical labeling requirements
Each container that contains a hazardous chemical must be labeled by the manufacturer or distributor before it is sent to downstream users. There is no single standard format for labels. Each product must be labeled according to the specific type of hazard.
Pesticide and fungicide labeling is regulated by the Environmental Protection Agency.
*The identity of the hazardous chemical(s) by common or chemical name.
*Appropriate hazard warnings.
*The name and address of the manufacturer, distributor, or the responsible party.
*Product use instructions
Employers are required to inform the public of:
*The requirements of the Hazard Communication rules.
*The operations in their work area where hazardous materials are present.
*The location of the written hazard communication program, the list of hazardous chemicals, and the SDSs of chemicals that people will be exposed to.
In addition, these items must be covered in training:
*Methods to detect the presence of hazardous chemicals.
*Physical and health hazards of the chemicals.
*Protective measures, including work practices, ventilation, personal protective equipment, and emergency procedures.
*How to read and understand labels and SDSs.
*The hazards of non-routine tasks, such as the cleaning of tanks or other vessels, or breaking into lines containing chemicals.
Safety Data Sheet (SDS): ''Formerly known as Material Safety Data Sheet (SDS) as per OSHA's Hazard Communication Standard''
Note: Refer to 29 CFR 1910.1200 for the most current and updated information (https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=10099)
SDSs information is required by EPA, OSHA, DOT, and/or DOE regulations depending upon the type of hazardous substance. The Safety Data Sheet includes the following information.
#Product identity and ingredients by chemical or common name.
#Physical and chemical characteristics.
#Physical hazards, such as fire and explosion.
#Health hazards, including symptoms.
#Primary routes of entry of the chemical into the body.
#Legal exposure limits (OSHA and other recommended limits).
#Whether the chemical can cause cancer.
#Precautions for safe handling and use.
#Control measures, including ventilation, personal protective equipment, etc.
#Emergency and first aid procedures.
#The date the SDS was prepared.
#Name, address, and phone number of the manufacturer.
#Regulatory agencies, such as
United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it be ...
EPA SARA Title III rules
EPCRA
The Emergency Planning and Community Right-to-Know Act of 1986 is a United States federal law passed by the 99th United States Congress located at Title 42, Chapter 116 of the U.S. Code, concerned with emergency response preparedness.
On October ...
Chemical manufacturers may legally withhold the specific chemical identity of a material from the SDS and label in the case of bona fide trade secrets. In such cases the following rules apply:
*The SDS must indicate that trade secret information is being withheld.
*The SDS must disclose information concerning the properties and effects of the hazardous chemical, even if the actual chemical identity is withheld.
*The trade secret information must be disclosed to a doctor or nurse in a medical emergency.
*In non-emergency cases health professionals can obtain a trade secret chemical identity if they can show they need it for purposes of health protection and if they sign a confidentiality agreement.
Exposure records
The Hazard Communication standard requires that chemical information must be transmitted to employees who work with hazardous materials. Employee exposure records can tell if a worker is actually being exposed to a chemical or physical hazard and how much exposure he or she is receiving. OSHA regulations that establish access rights to these records are found in 29 CFR 1910.1020: Access to Medical and Exposure Records.
This information is usually the product of some type of monitoring or measurement for:
*Dusts, fumes, or gases in the air
*Absorption of a chemical into the body, e.g. blood lead levels
*Noise exposure
*Radiation exposure
*Spores, fungi, or other biological contaminants
Employees and their designated representatives have the right under OR-OSHA regulations to examine or copy exposure records that are in the possession of the employer. This right applies not only to records of an employee’s own exposure to chemical, physical, or biological agents but also to exposure records of other employees whose working conditions are similar to the employee’s. Union representatives have the right to see records for any work areas in which the union represents employees.
In addition to seeing the results, employees and their representatives also have the right to observe the actual measurement of hazardous chemical or noise exposure.
Exposure records that are part of an OR-OSHA inspection file are also accessible to employees and union representatives. In fact these files, with the exception of certain confidential information, are open to the public after the inspection has been legally closed out.
Medical records
Many employers keep some type of
medical record
The terms medical record, health record and medical chart are used somewhat interchangeably to describe the systematic documentation of a single patient's medical history and care across time within one particular health care provider's jurisdic ...
s. These could be medical questionnaires, results of pre-employment physical examinations, results from blood tests or more elaborate records of ongoing diagnosis or treatment (such as all biological monitoring not defined as an employee exposure record). OSHA regulations that establish access rights to these records are found in CFR 1910.1020: Access to Medical and Exposure Records.
Medical records are considerably more personal than exposure records or accident reports so the rules governing confidentiality and access to them are stricter. Employee medical records do not include a lot of employee medical information because of this extra scrutiny. A good rule of thumb is that if the information is maintained separately from the employer's medical program, it probably will not be accessible.
Examples of separately maintained medical information would be records of voluntary employee assistance programs (alcohol, drug abuse, or personal counseling programs), medical records concerning health insurance claims or records created solely in preparation for litigation.
These records are often kept at the worksite if there is an on-site physician or nurse. They could also be in the files of a physician, clinic, or hospital with whom the employer contracts for medical services.
An employee has access to his or her own medical record (29 CFR 1910.1020). An individual employee may also sign a written release authorizing a designated representative (such as a union representative) to receive access to his or her medical record. The latter might occur in a case where the union or a physician or other researcher working for the union or employer needs medical information on a whole group of workers to document a health problem. Certain confidential information may be deleted from an employee’s record before it is released.
Past and future
The push towards greater availability of information came from events that killed many and infected others with toxins, such as the
Bhopal disaster
The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a chemical accident on the night of 2–3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. Considered the world's wo ...
in India in December 1984. During the Bhopal disaster, a cloud of
methyl isocyanate
Methyl isocyanate (MIC) is an organic compound with the molecular formula CH3NCO. Synonyms are isocyanatomethane and methyl carbylamine. Methyl isocyanate is an intermediate chemical in the production of carbamate pesticides (such as carbaryl, c ...
escaped an insecticide plant due to neglect, and as a result, 2,000 people were killed and many more were injured. The plant had been already noted for its poor safety record and lack of evacuation or emergency plan. The lack of awareness and knowledge in the community about the dangers led to this disaster, which could have been avoided.
Shortly after, the Emergency Planning and Right to Know Act of 1986, originally introduced by California
Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
Henry Waxman
Henry Arnold Waxman (born September 12, 1939) is an American politician who served as a U.S. representative from California from 1975 to 2015. He is a member of the Democratic Party.
His district included much of the western part of the city of L ...
, was passed. This act was the first official step taken to help people become more educated in the field of corporation's pollutants and their actions. The act issued a requirement for industrial facilities across the U.S. to disclose information on their annual releases of toxic chemicals. This data collected is made available by the Environmental Protection Agency in the Toxics Release Inventory (TRI) which is open to public knowledge. This was noticed as a step in the right direction however, only pounds of individual pollutants were required to be released as a result of this act. No information about toxicity, spread, or overlap had been required to be shared with the public.
In years to come, the public achieved greater ways of accessing the information that corporations with excess pollutants withheld. The Toxic 100 is a form of newer information which is a list that includes one hundred companies industrial air polluters in the United States that are ranked by the quantity of pollution they produce and the toxicity of the pollutants. This data is determined by the
Political Economy Research Institute
The Political Economy Research Institute (PERI) is an independent research unit at the University of Massachusetts Amherst. According to its mission statement, it "...promotes human and ecological well-being through our original research". PERI was ...
(PERI) and calculated with factors such as winds carrying the pollution, height of smokestacks, and how much it impacts nearby communities.
See also
*
Access to information
Access may refer to:
Companies and organizations
* ACCESS (Australia), an Australian youth network
* Access (credit card), a former credit card in the United Kingdom
* Access Co., a Japanese software company
* Access Healthcare, an Indian BPO se ...
*
Access to Information Day
*
Access to public information in Europe
*
Freedom of information
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
*
Informed consent
Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
References
External links
*The United States Environmental Protection Agency maintains a web page discussing "Right to know".
EPA.govNational Safety CouncilNational Institute for Occupational Safety and HealthAmerican Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)Building Owners and Managers Association (BOMA) International
{{DEFAULTSORT:Right To Know
Freedom of information
Industrial hygiene
Environmental health
Environmental law
Medical ethics
Safety engineering