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Title: Right to know and the duty to disclose hazard information

Journal Article · · Am. J. Public Health Nation's Health; (United States)

Since 1970, OSHA has used its authority to regulate various health and safety hazards in private workplaces. Two types of OSHA regulations establish rights to know and duties to disclose: rules dealing with specific substances, and generic access to information rules. OSHA rules for specific hazards such as coke oven emissions, asbestos, arsenic, acrylonitrile, cotton dust, noise, and lead each contain separate requirements for record compilation, reporting, and worker access. Generic rights of access and duties to disclose are afforded by three OSHA rules: the rule on inspections under the general duty clause of the enabling statute, the access to medical and exposure records rule, and the new hazard communication rule. Under the general duty clause and OSHA regulation, workers have the right to request OSHA inspection, and to be notified of any imminent dangers of death or serious physical harm discovered by the inspector. The effectiveness of this rule is dependent on worker initiative, OSHA inspection, and the extent to which proprietary claims limit disclosures. It is usually invoked after some exposure has occurred, and thus has a somewhat limited role in risk prevention. Legal and historical aspects of these regulations are discussed in detail in this review. 38 references

Research Organization:
Boston Univ. School of Public Health, MA
OSTI ID:
7003013
Journal Information:
Am. J. Public Health Nation's Health; (United States), Vol. 74:4
Country of Publication:
United States
Language:
English