Worker chemical-exposure complaints and hazard communication

April 4, 1997

The Honorable Tim Holden
U.S. House of Representatives
[Recipient address omitted]
Dear Congressman Holden:

This is in response to your letter of January 31, on behalf of your constitutent [Name Withheld], regarding the government's handling of workers' reports of exposure to hazardous chemicals in the workplace. Please accept my apology for the delay in this response.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is charged with promoting safety and health of workers in the workplace. OSHA safety and health standards are enforced by OSHA during workplace on-site inspections. These inspections are conducted based upon employee complaints regarding workplace safety and health exposures, referrals from safety inspectors, fatalities or catastrophies, or planned targeting lists.

One of these standards requires employers to provide safety and health information regarding all hazardous chemicals to which their employees may be exposed during the performance of their job duties. This Standard (Hazard Communication Standard, 29 CFR 1910.1200) requires employers to identify and inform employees about workplace exposure hazards. An employer may use product container labels, Material Safety Data Sheets (MSDSs), and training programs to inform employees about the hazards presented by the chemicals to which they may be exposed. The standard requires employers to provide training and MSDSs to all employees that may be exposed to hazardous chemicals in the workplace. MSDSs provide written information on a hazardous chemical including its protential effects, its physical and chemical characteristics for appropriate protective measures.

Some states have elected to provide their own Occupational Safety and Health (OHS) requirements and enforcement under the umbrella of Federal OSHA. Federal OSHA jurisdiction applies only to private employers in states where there is no federally approved state OSHA plan. Usually educational institutions, such as state universities, are not covered by federal OSHA jurisdiction but may be covered by state OSHA plans which should have the same or similar provisions and requirements of federal OSHA.

Both state and federal OSHA have requirements for response to employee complaints regarding safety and health in the workplace. Employers are required to have a poster prominently displayed in the workplace outlining the rights of the employee, including who the employee should contact in regard to workplace safety and health problems. Enclosed is an information booklet regarding OSHA and its functions (All About OSHA - OSHA 2056) and a booklet regarding the hazard communication standard (Chemical Hazard Communication - OSHA 3084).

It is unfortunate [Name Withheld] illness may have resulted from his cooking job. OSHA has no data on the extent to which public educational institutions not covered by OSHA follow OSHA's regulations. I am sure it varies considerably. [Name Withheld] may want to take up this issue with his elected state representative.

If you should have any further concerns, please feel free to contact the Office of Health Compliance Assistance at (202) 219-8036.

Sincerely,
Greg Watchman
Acting Assistant Secretary

[Requester letter reproduced on OSHA page; omitted here.]