Right to know
Encyclopedia
"Right to know", in the context of United States workplace and community environmental law
, 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 federal law in the United States
as well as in local
laws in several states. "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" was a movement made popular by Rachel Carson
with her book Silent Spring
.
Environmental illness share characteristics with common diseases. For example, cyanide
exposure symptoms include weakness, headache, nausea, confusion, dizziness, seizures, cardiac arrest, and unconsciousness. Influenza
and heart disease
include the same symptoms. Cyanide is one of the most toxic substances known to man. Failure to obtain proper disclosure is likely to lead to improper or ineffective medical diagnosis and treatment. This can contributed to prolonged illness and death.
Right to know regarding workplace hazard information is protected by Australian law, which is described at Safe Work Australia and at Hazardous Substances Information System.
Right to know regarding environmental hazard information is protected by Canadian law, which is described at Environment Canada.
Right to know about environmental hazards is managed by the European Commission Directorate for the Environment and by the European Environmental Agency.
Right to know about workplace hazards is managed by the European Agency for Health and Safety.
.
Hazardous substances used outside buildings must be disclosed to the appropriate state or local agency responsible for State Environmental Protection Agency regulatory actions outside federal land. Use on federal land is managed by United States Environmental Protection Agency
and Bureau of Land Management.
Department of Defense is self-regulating, and as such, is immune to state and federal law pertaining to OSHA and EPA regulations on foreign and domestic soil.
Workplace safety and health in the U.S. operates under the framework established by the federal Occupational Safety and Health Act
of 1970 (OSH Act).
The Occupational Safety and Health Administration
(OSHA) within the U.S. Department of Labor 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 is responsible for maintaining lists of specific hazardous materials.
State and local agencies maintain epidemiology
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 is applied.
The list of restricted use pesticides 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
, cypermethrin
, and cynoff contain cyanide, which is one of the most toxic substances known to man, but some of the products that contain these chemicals may not be identified as restricted use pesticide.
Some specific chemicals, such as cyaniate, cyanide, cyano, and nitrile 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.
Most developed countries have similar regulatory practices. Pesticides and insecticides interests in the European Union are managed by the European Environmental Protection Agency.
Environmental illness share characteristics with common diseases. For example, cyanide exposure symptoms include weakness, headache, nausea, confusion, dizziness, seizures, cardiac arrest, and unconsciousness. Influenza
and heart disease
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.
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 Department of Transportation.
Department of Transportation
regulates mandatory labeling requirements for all hazardous materials. This is in addition to requirements by other federal agencies, like the United States Environmental Protection Agency
, and Occupational Safety and Health Administration
.
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
.
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
, which is administered under the Uniform Code of Military Justice
.
Individuals with information about environmental crimes and individuals with environmental injuries involving the military should become familiar with the topic of Whistleblower protection in United States
. 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.
Law are enforced by the commanding officer
in military organizations. The commanding officer typically has the ability to read and understand written requirements. A Flag Officer
is subject to Court-martial
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
. 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 independent of law enforcement, judicial authority, and common law
. Similar exemptions exist for some state agencies.
Potential crimes are investigated by military police. 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
. Information and disclosures are obtained through Freedom of Information 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.
US federal laws, state laws, local laws, foreign laws, and treaty agreements may not apply.
Policies are established by Executive Order
and not public law, except for interventions by the United States Congress
and interventions by US district courts.
The following Executive Orders establish the requirements for DoD environmental policy for government organizations within the executive branch of the United States.
The following unclassified documents provide further information for programs managed by the United States Secretary of Defense.
Two mandatory documents must provide hazard information for most toxic products.
Product label requirements are established by the Federal Insecticide, Fungicide, and Rodenticide Act
under the authority of the United States Environmental Protection Agency
. 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.
A Material Safety Data Sheet
is required under the authority of the United States Occupational Safety and Health Administration
for hazardous materials to communicate health and safety risks needed by health care professionals and emergency responders.
A summary of workers rights is available from OSHA
.
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:
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 MSDSs 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
(DOT) regulates hazmat transportation within the territory of the US by Title 49 of the Code of Federal Regulations.
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 material safety data sheets (MSDSs). Employers whose employees may be exposed to hazardous chemicals on the job must provide hazardous chemical information to those employees through the use of MSDSs, 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 MSDSs 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:
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 is responsible for public hazard disclosures in California. Pesticide use disclosures are made by each pest control supervisor to the County Agricultural Commission. Epidemiology
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 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
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:
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.
Pesticide and fungicide labeling is regulated by the Environmental Protection Agency.
Your employer is required to inform you of:
In addition, these items must be covered in training:
Chemical manufacturers may legally withhold the specific chemical identity of a material from the MSDS and label in the case of bona fide trade secrets. In such cases the following rules apply:
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.
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 29 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.
Shortly after, the Emergency Planning and Right to Know Act of 1986, originally introduced by California Democrat Henry Waxman, was passed. This act was the first official step taken to helping 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 would achiever 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(PERI) and are calculated with factors such as winds caring the pollution, height of smokestacks, and how much it impacts nearby communities.
Environmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
, 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 federal law in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
as well as in local
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
laws in several states. "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" was a movement made popular by Rachel Carson
Rachel Carson
Rachel Louise Carson was an American marine biologist and conservationist whose writings are credited with advancing the global environmental movement....
with her book Silent Spring
Silent Spring
Silent Spring is a book written by Rachel Carson and published by Houghton Mifflin on 27 September 1962. The book is widely credited with helping launch the environmental movement....
.
Environmental illness share characteristics with common diseases. For example, cyanide
Cyanide
A cyanide is a chemical compound that contains the cyano group, -C≡N, which consists of a carbon atom triple-bonded to a nitrogen atom. Cyanides most commonly refer to salts of the anion CN−. Most cyanides are highly toxic....
exposure symptoms include weakness, headache, nausea, confusion, dizziness, seizures, cardiac arrest, and unconsciousness. Influenza
Influenza
Influenza, commonly referred to as the flu, is an infectious disease caused by RNA viruses of the family Orthomyxoviridae , that affects birds and mammals...
and heart disease
Heart disease
Heart disease, cardiac disease or cardiopathy is an umbrella term for a variety of diseases affecting the heart. , it is the leading cause of death in the United States, England, Canada and Wales, accounting for 25.4% of the total deaths in the United States.-Types:-Coronary heart disease:Coronary...
include the same symptoms. Cyanide is one of the most toxic substances known to man. Failure to obtain proper disclosure is likely to lead to improper or ineffective medical diagnosis and treatment. This can contributed to prolonged illness and death.
Australia
Right to know regarding environmental hazard information is protected by Australian law, which is described at Department of Sustainability, Environment, Water, Population and Communities.Right to know regarding workplace hazard information is protected by Australian law, which is described at Safe Work Australia and at Hazardous Substances Information System.
Canada
Right to know regarding workplace hazard information is protected by Canadian law, which is described at WorkRights.ca.Right to know regarding environmental hazard information is protected by Canadian law, which is described at Environment Canada.
Europe
Europe consists of many countries, each of which has its own laws. The European Commission 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 Directorate for the Environment and by the European Environmental Agency.
Right to know about workplace hazards is managed by the European Agency for Health and Safety.
United States
Toxic substances used in the work area must must be disclosed to the occupants under laws managed by Occupational Safety and Health AdministrationOccupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
.
Hazardous substances used outside buildings must be disclosed to the appropriate state or local agency responsible for State Environmental Protection Agency regulatory actions outside federal land. Use on federal land is managed by United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
and Bureau of Land Management.
Department of Defense is self-regulating, and as such, is immune to state and federal law pertaining to OSHA and EPA regulations on foreign and domestic soil.
OSHA and the right to know
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
Occupational Safety and Health Act
The Occupational Safety and Health Act is the primary federal law which governs 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 President Richard Nixon on December 29, 1970...
of 1970 (OSH Act).
The Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
(OSHA) within the U.S. Department of Labor is responsible for issuing and enforcing regulations covering workplace safety.
The Department of Transportation
Department of Transportation
The Department of Transportation is the most common name for a government agency in North America devoted to transportation. The largest is the United States Department of Transportation, which oversees interstate travel. All U.S. states, Canadian provinces, and many local agencies also have...
is responsible for transportation safety and for maintaining the list of hazardous materials.
The Environmental Protection Agency is responsible for maintaining lists of specific hazardous materials.
EPA and the right to know
Environmental health and safety outside the workplace is established by the Emergency Planning and Community Right-to-Know Act (EPCRA), which is managed by the EPA and various state and local government agencies.State and local agencies maintain epidemiology
Epidemiology
Epidemiology is the study of health-event, health-characteristic, or health-determinant patterns in a population. It is the cornerstone method of public health research, and helps inform policy decisions and evidence-based medicine by identifying risk factors for disease and targets for preventive...
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
Worker Protection Standard
The Worker Protection Standard is intended to protect employees on farms, forests, nurseries, and greenhouses that are occupational exposured to agricultural pesticides....
when restricted use pesticide is applied.
The list of restricted use pesticides 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
Cyfluthrin is a synthetic pyrethroid derivative that is used as an insecticide in restricted use pesticide and common household pesticide. It is a complex organic compound, and the commercial product is sold as a mixture of isomers. Like most pyrethroids, it is highly toxic to fish, invertebrates,...
, cypermethrin
Cypermethrin
Cypermethrin 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 on soil and plants but can be effective for weeks when...
, and cynoff contain cyanide, which is one of the most toxic substances known to man, but some of the products that contain these chemicals may not be identified as restricted use pesticide.
Some specific chemicals, such as cyaniate, cyanide, cyano, and nitrile 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.
Most developed countries have similar regulatory practices. Pesticides and insecticides interests in the European Union are managed by the European Environmental Protection Agency.
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
Influenza, commonly referred to as the flu, is an infectious disease caused by RNA viruses of the family Orthomyxoviridae , that affects birds and mammals...
and heart disease
Heart disease
Heart disease, cardiac disease or cardiopathy is an umbrella term for a variety of diseases affecting the heart. , it is the leading cause of death in the United States, England, Canada and Wales, accounting for 25.4% of the total deaths in the United States.-Types:-Coronary heart disease:Coronary...
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.
DOT and the right to know
The Pipeline and Hazardous Material Safety Administration within the Department of Transportation 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 Department of Transportation.
Department of Transportation
Department of Transportation
The Department of Transportation is the most common name for a government agency in North America devoted to transportation. The largest is the United States Department of Transportation, which oversees interstate travel. All U.S. states, Canadian provinces, and many local agencies also have...
regulates mandatory labeling requirements for all hazardous materials. This is in addition to requirements by other federal agencies, like the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
, and Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
.
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
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. They have more skill than someone who is trained in basic first aid but they are not a substitute for advanced medical care rendered by emergency...
.
DOE and the right to know
Safety of certain workers is governed by the Department of Energy, such as mine workers. Public information can be obtained in the form of directives.DOD and the right to know
The United States Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
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
Dereliction of duty is a specific offense under United States Code Title 10,892. 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 has incapacitated himself in such a way that he cannot perform his duties...
, which is administered under the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
.
Individuals with information about environmental crimes and individuals with environmental injuries involving the military should become familiar with the topic of Whistleblower protection in United States
Whistleblower protection in United States
Whistleblower Protection provides freedom of speech for workers and contractors in certain situations. Laws, like the Ethics in Government Act, cannot be enforced if free speech is not protected for individuals that report corruption or crime in the workplace...
. 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.
Law are enforced by the commanding officer
Commanding officer
The commanding officer is the officer in command of a military unit. Typically, the commanding officer has ultimate authority over the unit, and is usually given wide latitude to run the unit as he sees fit, within the bounds of military law...
in military organizations. The commanding officer typically has the ability to read and understand written requirements. A Flag Officer
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 where the officer exercises command. The term usually refers to the senior officers in an English-speaking nation's navy, specifically those who hold any of the admiral ranks; in...
is subject to Court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
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
Rules of Engagement refers to those responses that are permitted in the employment of military personnel during operations or in the course of their duties. These rules of engagement are determined by the legal framework within which these duties are being carried out...
. 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 independent of law enforcement, judicial authority, and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Similar exemptions exist for some state agencies.
Potential crimes are investigated by military police. 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
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
. Information and disclosures are obtained through Freedom of Information 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 officialsLabor unions in the United StatesLabor unions in the United States are legally recognized as representatives of workers in many industries. The most prominent unions are among public sector employees such as teachers and police...
- Freedom of information in the United StatesFreedom of information in the United StatesFreedom of information in the United States refers to the independent bodies of Freedom of information legislation at the federal level and in the fifty states.-Federal level:...
- Equal Employment Opportunity Commission
- Office of the Inspector General, U.S. Department of DefenseOffice of the Inspector General, U.S. Department of DefenseThe Department of Defense Inspector General is an independent, objective agency that provides oversight related to the programs and operations of the Department of Defense...
(Hotline) - United States Secretary of DefenseUnited States Secretary of DefenseThe Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
- President of the United StatesPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
- United States Secretary of StateUnited States Secretary of StateThe United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
- United States House of RepresentativesUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
- United States SenateUnited States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
US federal laws, state laws, local laws, foreign laws, and treaty agreements may not apply.
Policies are established by Executive Order
Executive order
An executive order in the United States is an order issued by the President, the head of the executive branch of the federal government. In other countries, similar edicts may be known as decrees, or orders in council. Executive orders may also be issued at the state level by a state's governor or...
and not public law, except for interventions by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and interventions by US district courts.
The following Executive Orders 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.
- DoD Directive 3150.08 - DoD Response to Nuclear and Radiological Incidents
- DoD Directive 3222.3 - DoD Electromagnetic Environmental Effects (E3)
- DoD 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
- DoD 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
- Material Safety Data SheetMaterial safety data sheetA Material Safety Data Sheet is a form with data regarding the properties of a particular substance....
Product label requirements are established by the Federal Insecticide, Fungicide, and Rodenticide Act
Federal Insecticide, Fungicide, and Rodenticide Act
The Federal Insecticide, Fungicide, and Rodenticide Act , et seq. 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 by the Environmental Protection Agency and the appropriate...
under the authority of the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
. 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.
A Material Safety Data Sheet
Material safety data sheet
A Material Safety Data Sheet is a form with data regarding the properties of a particular substance....
is required under the authority of the United States Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
for hazardous materials to communicate health and safety risks needed by health care professionals and emergency responders.
A summary of workers rights is available from OSHA
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
.
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.
- Material safety data sheets (MSDS) 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
The Hazard Communication StandardHazard Communication Standard
The Hazard Communication Standard requires employers to disclose toxic and hazardous substances in workplaces. This is related to the Worker Protection Standard....
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 MSDSs 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
United States Department of Transportation
The United States Department of Transportation is a federal Cabinet department of the United States government concerned with transportation. It was established by an act of Congress on October 15, 1966, and began operation on April 1, 1967...
(DOT) regulates hazmat transportation within the territory of the US by Title 49 of the Code of Federal Regulations.
- Dangerous GoodsDangerous goodsDangerous goods are solids, liquids, or gases that can harm people, other living organisms, property, or the environment. They are often subject to chemical regulations. "HazMat teams" are personnel specially trained to handle dangerous goods...
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 material safety data sheets (MSDSs). Employers whose employees may be exposed to hazardous chemicals on the job must provide hazardous chemical information to those employees through the use of MSDSs, 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 MSDSs 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 (causing cancer) by the National Toxicology ProgramNational Toxicology ProgramThe National Toxicology Program 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....
(NTP) or the International Agency for Research on CancerInternational Agency for Research on CancerThe International Agency for Research on Cancer is an intergovernmental agency forming part of the World Health Organisation of the United Nations....
(IARC). - Substances listed in the Threshold Limit Values for Chemical Substances and Physical Agents, published by the American Conference of Governmental Industrial HygienistsAmerican Conference of Governmental Industrial HygienistsThe American Conference of Governmental Industrial Hygienists is a professional association of industrial hygienists and practitioners of related professions, with headquarters in Cincinnati, Ohio...
(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 is responsible for public hazard disclosures in California. Pesticide use disclosures are made by each pest control supervisor to the County Agricultural Commission. Epidemiology
Epidemiology
Epidemiology is the study of health-event, health-characteristic, or health-determinant patterns in a population. It is the cornerstone method of public health research, and helps inform policy decisions and evidence-based medicine by identifying risk factors for disease and targets for preventive...
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 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
Fire Marshal
A fire marshal, in the United States and Canada, is often a member of a fire department but may be part of a building department or a separate department altogether. Fire marshals' duties vary but usually include fire code enforcement and/or investigating fires for origin and cause...
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
Your employer is required to inform you of:
- The requirements of the Hazard Communication rules.
- The operations in your work area where hazardous materials are present.
- The location of the written hazard communication program, the list of hazardous chemicals, and the MSDSs of chemicals that you 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 MSDSs.
- The hazards of non-routine tasks, such as the cleaning of tanks or other vessels, or breaking into lines containing chemicals.
Material Safety Data Sheet (MSDS)
MSDSs are often hard to figure out, even for trained safety professionals. MSDS information is required by EPA, OSHA, DOT, and/or DOE regulations depending upon the type of hazardous substance. The Material 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 MSDS was prepared.
- Name, address, and phone number of the manufacturer.
- Regulatory agencies, such as United States Environmental Protection AgencyUnited States Environmental Protection AgencyThe U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
EPA SARA Title III rules EPCRA
Chemical manufacturers may legally withhold the specific chemical identity of a material from the MSDS and label in the case of bona fide trade secrets. In such cases the following rules apply:
- The MSDS must indicate that trade secret information is being withheld.
- The MSDS 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 record
Many employers keep some type of medical recordMedical 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 jurisdiction....
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 29 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 of Right to Know
The push towards a greater availability of information came from many tragic events which took the lives of many and infected others with poisons. Events such as the one in Bhopal, India in December 1984. During which, a cloud of methyl isocyanate escaped an insecticide plant and as a result, 2,000 people were killed and many more were injured. Many urged to find out the cause of this disaster and to conclude upon the reason, it was due to the neglect of the plant. The plant had been already noted for their poor safety record their lack of evacuation or emergency plan. The lack of awareness and knowledge in the community about the dangers ultimately 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 Henry Waxman, was passed. This act was the first official step taken to helping 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 would achiever 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(PERI) and are calculated with factors such as winds caring the pollution, height of smokestacks, and how much it impacts nearby communities.
External links
- The United States Environmental Protection Agency maintains a web page discussing "Right to know".
- EPA.gov
- National Safety Council
- Spill Reporting Online
- Tier II Chemical Inventory Reporting
- National Institute for Occupational Safety and Health
- American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
- Building Owners and Managers Association (BOMA) International