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h is described at environment canada 7 europe edit 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 s directorate general for the environment and by the european environment agency 8 9 right to know about workplace hazards is managed by the european agency for safety and health at work 10 united states edit in the context of the united states workplace and community environmental law 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 as well as in local laws in several u s 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 concept is included in rachel carson s book silent spring 11 toxic substances used in the work area must be disclosed to the occupants under laws managed by occupational safety and health administration 12 13 14 hazardous substances used outside buildings must be disclosed to the appropriate state or local agency responsible for state environmental protection 15 including regulatory actions outside federal land use on federal land is managed by the united states environmental protection agency and the bureau of land management archived 2011 10 18 at the wayback machine 16 the us department of defense is self regulating and as such is immune to state and federal law pertaining to occupational safety and health administration osha and environmental protection agency epa regulations on foreign and domestic soil citation needed occupational safety and health administration edit main article occupational safety and health administration occupational health and safety is managed within most states under federal authority 17 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 citation needed occupational safety and health administration osha within the u s department of labor is responsible for issuing and enforcing regulations covering workplace safety citation needed the department of transportation is responsible for transportation safety and for maintaining the list of hazardous materials citation needed the environmental protection agency is responsible for maintaining lists of specific hazardous materials citation needed environmental protection agency edit main article united states environmental protection agency 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 environmental protection agency epa and various state and local government agencies 18 state and local agencies maintain epidemiology information required by physicians to evaluate environmental illness citation needed 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 citation needed the list of restricted use pesticides is maintained by the us epa 19 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 produce hydrogen cyanide upon combustion but some pesticides that inadvertently produce noxious chemicals may not be identified as restricted use pesticides 20 title 42 u s c section 7412 identifies the list of environmental pollutants 21 some specific chemicals such as cyanate 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 title 42 u s c section 7413 contains the reporting requirement for environmental pollutants 22 environmental illness share characteristics with common diseases for example cyanide exposure symptoms include weakness headache nausea confusion dizziness seizures cardiac arrest and unconsciousness 23 24 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 citation needed department of transportation dot edit the library pipeline and hazardous material safety administration within the us department of transportation is responsible for maintaining the list of hazardous materials within the united states 25 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 26 the department of transportation also regulates mandatory labeling requirements for all hazardous materials 27 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 28 dot requires that all buildings and vehicles containing hazardous materials must have signs that disclose specific types of hazards for certified first responder citation needed department of energy doe edit safety of certain workers is governed by the us department of energy such as mine workers public information can be obtained in the form of directives 29 department of defense dod edit the united states department of defense 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 citation needed individuals with information about environmental crimes and injuries involving the military are protected by 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 citation needed 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 citation needed laws 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 citation needed the commanding officer shares responsibilities for crimes that are not punished dereliction citation needed military agencies operate independently of law enforcement judicial authority and common law similar exemptions exist for some state agencies citation needed potential crimes are investigated by military police the following is an example of the kinds of policy documents used to conduct criminal investigations 30 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 31 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 equal employment opportunity commission 32 office of the inspector general u s department of defense hotline 33 united states secretary of defense president of the united states united states secretary of state united states house of representatives united states senate 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 34 the following us presidential 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 35 executive order 12196 occupational safety and health programs for federal employees 36 executive order 12291 regulatory planning process 37 executive order 12344 naval nuclear propulsion program 38 executive order 12898 federal actions to address environmental justice in minority populations and low income populations 39 executive order 12958 classified national security information 40 executive order 12960 amendments to the manual for courts martial 41 executive order 12961 presidential advisory committee on gulf war veterans illnesses 42 executive order 13101 greening the government through waste prevention recycling and federal acquisition 43 executive order 13148 greening the government through leadership in environmental management 44 executive order 13151 global disaster information network 45 executive order 13388 further strengthening the sharing of terrorism information to protect american 46 executive order 12656 assignment of emergency preparedness responsibilities 47 executive order 13423 strengthening federal environmental energy and transportation management 48 executive order 13526 classified national security information memorandum 49 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 50 dod directive 3222 3 dod electromagnetic environmental effects e3 51 directive 4715 1 environment safety and occupational health esoh 52 dod directive 4715 3 environmental conservation program 53 dod directive 4715 5 management of environmental compliance at overseas installations 54 directive 4715 8 environmental remediation for dod activities overseas 55 dod directive 4715 11 environmental and explosives safety management on operational ranges within the united states 56 dod directive 4715 12 environmental and explosives safety management on operational ranges outside the united states 57 dod directive 6050 07 environmental effects abroad of major department of defense actions 58 available information edit 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 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 title 40 cfr protection of environment parts 150 to 189 chapter i environmental protection agency 59 a 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 title 29 labor part 1910 occupational safety and health standards subpart z toxic and hazardous substances 60 a summary of workers rights is available from osha 61 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 62 accident investigation reports workers compensation claim forms and records 63 64 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 65 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 edit note refer to 29 cfr 1910 1200 for the most current and updated information 66 the hazard communication standard 67 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 w...
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