OCCUPATIONAL
HAZARDS &
WORKERS
COMPENSATION
Employees have the right to know about chemicals and
other hazardous materials used in the workplace.
There are two laws that deal specifically with an
employees' right to know laws designed to help
improve the health of the workplace.
1. OSHA Medical Access Regulation -The
federal Occupational Safety and Health
Administration Medical Access Regulation
gives employees the right to review their medical
records held by the company.
Under this law, employees can also obtain
information about air quality and the types of
chemicals used in the workplace. Detailed chemical
information is found by obtaining a "Material Safety
Data Sheet," or MSDS.
Chemical manufacturers provide an employer with an
MSDS. If you work with chemicals, your employer
should have this information on file. And so should
your doctor if you suspect a chemically induced
illness or disease.
Chemical producers must provide an MSDS when they
make a sale. The sheet contains the chemical or
compound name (sometimes combined with a common
name), the ingredients and in what concentrations,
physical properties, exposure hazards and first aid
treatment
The law entitles you to copies of this information,
should you request it.
If a sheet is not available, your company must
provide you with the information about the chemical,
and/or its ingredients.
Sometimes, the chemical information you seek may be
the so-called "company secret" You are still
entitled to the information, although the employer
may have you sign a confidentiality agreement.
One flaw with the MSDS Access Standard is that it
only requires the company to give you the
information it has on file. The law does not require
the safety information to be up-to-date. Another
flaw with the MSDS is that sometimes a sheet will
provide a partial list of ingredients.
2. OSHA Hazard Communication Standard -
Simply put, this standard intends to make you aware
of the chemical hazards at work.
To comply with this standard, your employer must:
- Inform you about
hazardous chemicals and the OSHA rule.
- Have hazardous
substances labeled clearly as being hazardous.
The warnings should also give the short- and
long-term exposure risks (e.g., "skin irritant;
long-term exposure is known to cause certain
types of skin cancer in laboratory animals").
- Provide, upon
request, the MSDS for every hazardous chemical
used.
- Outline and
provide a written hazard communication standard
that explains how your employer is complying
with the law.
An important aspect
of this safety standard is that it sets training on
how to safely handle potentially hazardous chemicals
or compounds. Part of that training includes knowing
how to read chemical labels and symbols; knowing how
to read an MSDS and knowing where to find one.
Report employers who are not following the law to
the nearest OSHA office. After OSHA receives the
complaint, the employer is subject to inspection.
Employers found in violation of the law must follow
the rules or face a stiff fine.
If you are
injured at work, or if your work irritates a
pre-existing physical problem or you develop a
disease or illness from your job, you are entitled
to workers' compensation benefits.
Do not permanently lose your right to seek
workers compensation benefits that you are entitled
to receive after a work-related injury.
Please contact a Munley, Munley & Cartwright Workers
Compensation Lawyer by
e-mail or telephone 1-800-WORKERS today for an
assessment of your case.
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