Right-to-Know (RTK) Laws

Right-to-know laws are a group of rules and regulations at the state and national levels that mandate that employers share scientific information with workers and local communities about the toxicity and other characteristics of chemicals and materials used in business processes. This information encompasses all substances to which workers might be exposed in the workplace, including materials and chemicals utilized in producing goods or providing services, chemical releases into the environment, waste anagement, and long-term exposure to substances. Right-to-know laws place special emphasis on maintaining and disseminating information on the potential long-term health effects (cancer, infertility, etc.) sometimes associated with longtime work exposure to high concentrations of industrial materials.

Experts in the fields of risk management and hazardous materials management generally separate employer obligations under "right-to-know" (RTK) into four broad categories: obligation to compile and retain relevant records; obligation to disclose any available information to workers, community members, or organizations on any potentially hazardous materials and processes used; obligation to provide adequate training to employees working with potentially dangerous materials; and obligation to disclose information on sudden health risks. This information, which must be presented even if it is not formally requested, should cover the potential risks of sudden and accidental chemical releases, explain the scope of the company's technological and human resources to effectively address such events; and identify other options that could also be considered.

THE MOVEMENT TOWARD RIGHT-TO-KNOW

The first U.S. efforts to inform workers and communities about hazardous substances used in the workplace were voluntary industry labeling practices. These labeling practices—now incorporated into the Federal Hazardous Substances Labeling Act—provided workers with basic information on hazardous materials, including descriptions of the nature of the hazard and instructions for safe handling (and medical treatment in case of exposure to the chemical in question). But as recognition increased of the potential long-term health effects of prolonged exposure to certain chemicals and materials, employee groups, companies, and government agencies all recognized that these safety measures needed to be bolstered.

In 1970 the federal Occupational Safety and Health Administration (OSHA) was formed to help assure that American workers enjoyed safe and healthy working environments. In subsequent years, the agency established a body of regulations designed to ensure that workers were adequately informed about workplace risks (both short- and long-term) through training programs, labeling, and material safety data sheets (MSDS), in which original manufacturers provide complete information on all hazardous substances shipped to customers (downstream users are also required to supply end-users with MSDSs.) Contents of material safety data sheets must include the following for each chemical: identity, physical and chemical characteristics; primary routes of entry; health hazards; permissible exposure limits and control measures for reducing exposure; instructions for safe use, handling, and storage; emergency and first aid steps; name and address of manufacturer; date of production; and date at which the information contained in the MSDS was last changed. This bounty of centralized information makes the MSDS a cornerstone of all right-to-know programs. Moreover, during the 1990s some states initiated efforts to make these information-crammed forms more concise and understandable to lay readers, making them even more valuable.

OSHA's mandate remains in place in the mid-2000s. It requires employers to maintain safe workplaces and jobs for their workers and maintains exposure standards for a wide variety of substances that are used in all industry sectors. In addition, many states have also developed their own right-to-know programs. These programs, if certified by the OSHA, allow individual states to assume responsibility for administration and enforcement.

COMPLIANCE WITH RTK PROGRAMS

Many employers erroneously believe that the nature of their business operation renders them immune to right-to-know regulations. Typical misconceptions include the belief that the workplace does not have any hazardous chemicals or that the quantities used in the workplace are so small that RTK rules do not apply. In reality, however, these regulations do not distinguish between quantity or size, and nearly every place of employment in the United States contains some substance that meets the definition of a hazardous chemical. For example, many paints, cleaning solutions, solvents, corrosives, compressed gases, glues, and other common substances fall under RTK regulations.

Business owners, though, can take a number of steps to ensure that they are in compliance with right-to-know rules and are promoting safety and healthy working conditions for all of their employees. Many of these steps can be undertaken quickly, and none requires the knowledge or skills of a chemist or materials expert.

Inventory

Employers are encouraged to complete a comprehensive written inventory of all materials in the workplace that may be hazardous, irrespective of the quantity or size of the materials on hand. The written inventory should include chemicals used and/or stored in work areas outside the building proper. This inventory should also include by-products and intermediate products resulting from workplace processes. These materials inventories should include the name of the product, contact information for the manufacturer and distributor, and general work area in which the material is used and/or stored (chemicals used throughout the facility can be so designated).

Material Safety Data Sheets

Each substance noted as a result of the materials inventory should have a corresponding material safety data sheet, for manufacturers must provide MSDSs to each purchaser of a hazardous chemical when making the initial shipment (recipients of these information sheets, whether distributors or purchasers, must provide updated information with the first shipment after each update). If you do not have an MSDS for a chemical, immediately request a replacement data sheet from the manufacturer or distributor. Some businesses even stipulate delivery of an MSDS as a condition of purchase when ordering hazardous chemicals.

Chemical Information List

Once all material safety data sheets have been gathered, they should be reviewed to identify the substance and understand specific hazards associated with the material. The MSDS can also be used to prepare a chemical information list for the workplace. This list, required by law, must be 1) arranged in alphabetical order according to common name; 2) contain the chemical name; and 3) identify the area of the workplace in which it can be found. According to right-to-know regulations, employers must provide access to and copies of the chemical information list to employees and their representatives, OSHA inspectors, and other employers sharing the same workplace.

Not all chemicals used in the workplace are required on these information lists. For example, a chemical list is not required in situations where employees handle chemicals only in sealed, unopened containers under normal working conditions, such as in warehousing or retail sales.

Clear Labeling

Businesses should make certain that all containers used to hold hazardous materials, whether on the factory floor or in the office, are labeled, tagged, or otherwise identified. This includes temporary portable containers if the container is going to be used by more than one person, utilized for an extended period of time (for example, more than one shift), or left unattended for any period of time. All hazardous substance container labels should clearly identify the material and detail potential hazards. Employers who receive unlabeled containers should either obtain an accurate label from the manufacturer or gather pertinent information from the manufacturer so that they can ready their own label.

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