EHS glossary>Safety term

The Definition of Right to Know

Right to know is the principle that workers, and in some cases communities, are entitled to information about the hazardous chemicals and exposures they face, mainly through OSHA's Hazard Communication standard.

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Right to Know definition

Definition of Right to Know

Right to know is the principle that workers have a right to information about the hazards they are exposed to on the job, especially hazardous chemicals. In practice, it means employers must identify chemical hazards, label containers, keep safety data sheets available and train workers so they understand the risks and how to protect themselves.

In the United States, the main federal basis for worker right to know is OSHA's Hazard Communication standard, 29 CFR 1910.1200, often called HazCom. Related rights come from OSHA's records access rule at 29 CFR 1910.1020, the injury and illness recordkeeping rule at 29 CFR 1904.35, and the federal Emergency Planning and Community Right-to-Know Act (EPCRA), which covers information for communities and emergency planners rather than workers.

Right to know is closely tied to the Globally Harmonized System (GHS). OSHA updated HazCom in a final rule published on May 20, 2024, to align with Revision 7 of the GHS.

What Right to Know Covers

Hazardous chemicals in the workplace

HazCom requires chemical manufacturers and importers to classify the hazards of the chemicals they produce or import and to pass that information downstream. Employers that have hazardous chemicals in their workplaces must use that information to protect their workers through four main elements:

  • Written program: a written hazard communication program that explains how the employer handles labels, safety data sheets and training, and includes a list of the hazardous chemicals present.
  • Labels: shipped containers must show a product identifier, signal word, hazard statements, pictograms, precautionary statements and supplier information. Workplace containers must also be labeled.
  • Safety data sheets: a safety data sheet (SDS) for each hazardous chemical must be readily accessible to workers while they are in their work areas during each shift.
  • Training: workers must be trained at the time of their initial assignment and whenever a new chemical hazard is introduced into their work area.

Exposure and medical records

Under 29 CFR 1910.1020, workers and their designated representatives can request access to records of their exposure to toxic substances and to their own medical records. Employers must provide access within a reasonable time, no longer than 15 working days. Exposure records generally must be kept for at least 30 years, and medical records for the duration of employment plus 30 years. Employers must also tell workers about these rights when they are first hired and at least once a year after that.

Injury and illness records

Under 29 CFR 1904.35, current and former employees and their representatives can request a copy of the OSHA 300 Log, and the employer must provide it by the end of the next business day.

Community right to know

EPCRA requires facilities that store certain hazardous chemicals to share information with state and local emergency planning bodies. Facilities covered by HazCom may need to submit safety data sheets or chemical lists under Section 311 and annual chemical inventory forms under Section 312. Section 313 established the Toxics Release Inventory, a public database of toxic chemical releases.

Putting Right to Know Into Practice

Build and maintain the chemical inventory

Walk each work area, list every hazardous chemical, and match each one to a current SDS. Update the list when products are added or removed.

Make information easy to reach

  • Keep SDSs where workers can get them during their shift without barriers. Electronic access is acceptable if it works reliably and workers know how to use it.
  • Label secondary containers such as spray bottles and transfer cans.
  • Make sure contractors and temporary workers know where to find the information.

Train for understanding

Training must be presented in a way workers can understand. Cover how to read labels and SDSs, the specific hazards in the work area, how to detect a release, and the protective measures and PPE to use.

Protect workers who ask questions

Workers who ask for SDSs, request records or raise concerns about chemical exposures are engaging in protected activity. Retaliation is prohibited under Section 11(c) of the OSH Act. See retaliation protection.

Example of Right to Know

A facilities maintenance team began using a new solvent-based degreaser. A technician noticed headaches after using it in a small mechanical room and asked his supervisor what was in the product. The supervisor realized the product had not been added to the chemical inventory and there was no SDS on file.

The company obtained the SDS, added the product to its written program and labeled the transfer bottles. The SDS showed the product needed good ventilation and specific gloves. The team received training on the new hazards before using it again, and the company arranged for the work to be done with portable ventilation.

Frequently Asked Questions: Right to Know

Is "right to know" the name of a federal law?

Not for workers. It is a common name for the rights created mainly by OSHA's Hazard Communication standard. The community side is covered by the Emergency Planning and Community Right-to-Know Act. Some states also have their own right-to-know laws.

Can an employer refuse to say what is in a product?

HazCom allows a manufacturer to withhold a specific chemical identity as a trade secret in limited cases, but the hazards and protective measures must still be disclosed. The withheld identity must be provided to health professionals under conditions set out in the standard, including in medical emergencies.

Does HazCom apply to everyday products like cleaners?

It depends on how they are used. HazCom exempts consumer products when they are used in the workplace in the same way and with the same frequency as a typical consumer would use them. Heavier or different use is covered.

How quickly must an employer provide exposure records?

Within a reasonable time, and no later than 15 working days after the request, under 29 CFR 1910.1020.

Do workers have a right to know about non-chemical hazards?

Many OSHA standards include training and information requirements for other hazards, such as noise, bloodborne pathogens and lockout/tagout. Employers should explain all significant hazards identified in their job hazard analysis.

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