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nder 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 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 68 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 69 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 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 causing cancer by the national toxicology program ntp or the international agency for research on cancer iarc substances listed in the threshold limit values for chemical substances and physical agents published by the american conference of governmental industrial hygienists acgih restricted use products rup report epa 19 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 70 pesticide use disclosures are made by each pest control supervisor to the county agricultural commission 71 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 72 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 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 edit 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 labeling is regulated by the environmental protection agency 73 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 edit 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 epa sara title iii rules epcra 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 edit 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 62 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 citation needed 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 citation needed 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 citation needed medical records edit many employers keep some type of medical records 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 62 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 citation needed 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 citation needed 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 citation needed 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 citation needed past and future edit the push towards greater availability of information came from events that killed many and infected others with toxins such as the bhopal disaster in india in december 1984 during the bhopal disaster a cloud of methyl isocyanate 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 74 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 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 citation needed 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 poll...