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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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