Workers Have a Right to Know

Safe Work Practices, Chemical Information, Training, Medical Records, Representation

What Is Your Right To Know?

Since 1980, a number of federal and state laws have gone into effect that provide workers with the right to know about hazardous substances in their work environment. These laws have been created to guarantee workers their right to see information about the health effects of workplace chemicals, to look over records of their own exposure and to be informed about methods they should use to handle chemicals safely.

The main law that provides workers with the right to know about all these things is the Occupational Safety and Health Administration's (OSHA) Federal Hazard Communication Standard (29 CFR1910.1200). This law requires employers to set up "hazard communication programs" that will inform their employees about the health effects of chemicals and way to prevent exposure.

Many other state and local laws may exist which guarantee workers additional rights to get information and training.

Do You Have The Right To A Safe Workplace?

Yes. OSHA says that every employer should establish and maintain an Accident Prevention Program. This program must include training that will teach workers about general safe work practices and include special instructions about hazards that may be found at a particular job.

Teaching general safe work practices might include examples of the best ways of lifting things and the most effective use of personal protective equipment (such as respirators). Special instructions about the hazards of a particular job might include training in the use of respirators or handling a dangerous substance being used on that job.

A second requirement of the Accident Prevention Program is that unscheduled workplace inspections be conducted to find out about any unsafe conditions and work practices that need correcting.

Should Information On Hazardous Materials Be Available?

Yes. OSHA's Hazard Communication Standard requires each employer to provide information and training on hazardous substances that workers may be exposed to on the job. A Material Safety Data Sheet (MSDS) must be available at the workplace for each product having ingredients that may cause physical or health hazards. The MSDS is supplied by the manufacturer to summarize the possible hazards of a product and safe handling procedures for it. Warnings on container labels or other signs on the container must describe the hazards of the material inside.

Each employer is also required to train workers to understand the MSDS and warning labels on products used in the workplace. They must also be trained to understand the hazards of workplace chemicals, safe handling methods, personal protective gear and emergency procedures. Training should be given to the employee before his or her first assignment to an exposure area. Training should also be given whenever a new hazard is introduced.

A written hazard communication program must also describe how information and training will be provided and list the hazardous materials at the workplace. The written program and MSDS must be given when an employee or an employee representative (such as union agent) asks for it. MSDS must also be provided to an employee's doctor if requested.

Can You See The Medical And Exposure Records Kept By Your Employer?

Yes. OSHA provides workers with the right to see and copy the following documents:

• Their own medical records and records of exposure to toxic substances (OSHA Standard 3110).

• Records of exposure to toxic substances of employees who have similar past or present jobs or working conditions.

• Information that the employer has for workplace substances listed in the latest National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances. This type of information is usually available in the form of the MSDS.

  Exposure Records include:

• Workplace monitoring or measurement records.

• Biological monitoring results (such as blood tests which measure how much of a substance has been absorbed into the body).

• MSDS or, if not available, any other information which reveals the identity of the substance or physical agent.

  Medical Records include:

• Medical and employment questionnaires or histories.

• Results of medical examinations, laboratory and other diagnostic tests.

• Medical opinions, diagnoses, progress notes and recommendations.

  The employer must preserve and maintain exposure and medical records for at least 30 years.

How Do You Get To See These Records?

When you ask to see your record, a free copy should be provided to you or someplace to make copies of it.

Your employer may also loan you the record for a reasonable time to enable you to make a copy at your own expense. Your supervisor will have information on how you can get to see these records.

An employer may choose a "designed representative" to look at exposure and medical records for him or her. Written authorization is given by the employee to an organization or an individual such as personal physician. A union representative is automatically a designated representative.

OSHA's web site (http://www.osha.gov) has a large amount of information on toxic materials.