A Work Environment Council Fact Sheet

Some Important Hazard Prevention Laws

 
 


The US Occupational Safety and Health Act (OSHA) and the NJ Public Employees Occupational Safety and Health Act (PEOSHA) 
include health and safety standards, inspections of facilities, and fines for employers who do not comply with the law. Includes the Hazard Communication Standard with provisions for employee training, labeling, and material safety data sheets (MSDSs) on toxic chemicals. OSHA's Process Safety Management Standard regulates facilities that use high hazard chemicals. These two laws cover almost all employers. Union representatives have the right to accompany the OSHA inspector on inspections. US & NJ Departments of Labor.

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The NJ Worker & Community Right to Know Law includes provisions for "universal labeling" of all chemicals with their real chemical name in most private and public sector workplaces. Over 30,000 private sector employers must report their storage and use of about 1,000 different chemicals each year to the NJ Department of Environmental Protection (DEP) on the Right to Know Survey. This law also requires certain facilities to report their use (as opposed to release) of hazardous chemicals. NJ Departments of Environmental Protection/Health.

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The Emergency Planning and Community Right to Know Act of 1986 (EPCRA or SARA Title III) provides a publicly available database of toxic releases to the air, water, land, etc. known as the Toxics Release Inventory (TRI). About 600 NJ facilities report this data to USEPA under this law. EPCRA provisions also require establishment of Local Emergency Planning Committees (LEPCs) that include public participation and could potentially be involved in hazard prevention, not just emergency response. LEPCs exist in all 588 NJ municipalities and counties (with varying amounts of activity). NJ Department of Environmental Protection, NJ State Police, and USEPA.

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The NJ Toxic Catastrophe Prevention Act & the federal Clean Air Act (Section 112R) require facilities using extraordinarily hazardous substances to prevent accidental releases. Roughly 160 NJ facilities must develop Risk Management Plans. These include a five-year accident history, potential off-site consequences and "worst case scenarios" of what could occur in a toxic release, plus prevention and emergency response programs. NJDEP/USEPA.

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The NJ Pollution Prevention Act requires about 500 NJ facilities to undertake planning to reduce toxic releases. Every five years these facilities must develop a Pollution Prevention Plan for the DEP. A facility Pollution Prevention Plan Summary and an annual Progress Report are public information. While the law requires a planning process, no actual reductions in pollution are mandated under this Act. NJDEP.

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An enormous amount of public information is available under these laws.

This fact sheet was produced by the New Jersey Work Environment Council (WEC). WEC advocates for safe, secure jobs and a healthy, sustainable environment. For help using these laws, more information, or to learn about how you or your organization can join WEC, call (609) 695-7100.

June 1999

142 West State Street • 3rd Floor • Trenton • NJ • 08608

• Voice: 609-695-7100 • Fax: 609-695-4200 • E-Mail: info@njwec.org