Employment Right to Know Laws in Virginia
- Employers must apprise an employee about all dangerous chemicals in the workplace.inhalation hazard class 2 image by k9dg from Fotolia.com
The Hazard Communication Standards founded by the Occupational Safety and Health Administration (OSHA) in 1984 requires an employer to notify an employee about all dangerous chemicals with which he will have contact and the possible health effects of exposure. It is commonly called the Right to Know act. OSHA permits states to make modifications but the state of Virginia chose to mirror the rules under Right to Know. - According to OSHA, an employee who has been exposed to dangerous chemicals is at "significant risk of experiencing adverse health or physical effects." The Right to Know rule ensures an exposed employee has the information necessary for effective treatment.
When OSHA issued its final version of Right to Know, it noted that chemicals pose perils that include burns and irritation, chronic diseases, such as cancer and kidney and heart disease, and death. The compounds also pose threats such as explosions and fires.
The Virginia Occupational Safety and Health (VOSH) standards require employers to maintain records related to each employee's exposure and her medical records. VOSH guarantees an employee and her authorized advocate have access to the records directly related to her.
OSHA's Right to Know act permits a state to enact legislation for its jurisdiction for construction, general, agriculture and public sector industries. VOSH standards duplicate OSHA's Right to Know act. - OSHA has found that "ineffective workplace safety policies can lead to an increase in workers' compensation claims."
The Hazard Communication Plan required by OSHA and VOSH outlines and documents the policies and procedures to which each company, school or government agency will adhere. Each employer is responsible for the construction and implementation of a Hazard Communication Plan that follows OSHA and VOSH Right to Know regulations.
Each Hazard Communication Plan includes labeling and storage policies, Material Safety Data Sheets, procedures and safety, record-keeping policies, inventory and training.
Labels on perilous chemicals provide a synopsis of the dangers posed by the compounds or products. Material Safety Data Sheets (MSDS) provide technical information regarding hazardous chemicals for use by health professionals responsible for treating exposed workers. The inventory includes all risky chemicals and products in each work area.
OSHA and VOSH regulations require an employer to provide a printed copy of the complete plan to an employee, his designated advocate or OSHA following a written request. - The training required by OSHA and VOSH informs workers about the MSDS and how to respond to emergencies.
According to OSHA, training includes on-the-job safety equipment training and weekend seminars or a video played during orientation of new employees.
The agencies also specify that training includes the accepted use of equipment, handling of hazardous materials, proper storage, procedures for problem and injury reporting, and response to injuries. - Employees can report health or safety hazards and Right to Know violations to VOSH without going through their employer's established chain of command.
VOSH considers requests for withholding the reporter's name from his employer to avoid repercussions.
Send reports to the closest VOSH office.
