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The 130th Annual Meeting of APHA |
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The 130th Annual Meeting of APHA |
Megan Leigh Roberts, Evergreen State College, 12108 Isom RD., SE, Tenino, WA 98589, 360-264-7389, toosunny2c@yahoo.com
The right-to-know was guaranteed to workers under the Hazard Communication Standard (HCS) several years after the 1970 Occupational Safety and Health Act was passed. Unfortunately, barriers to information disclosure in the workplace prevent employees from fully realizing this right. Trade secrets are one such barrier. Protected indefinitely under State and Tort law, trade secrets allow corporations to shield certain types of information from employees and the public at large. With these rights to monopolize information, industry decisions regarding product safety and exposure levels remain unchecked.
The Occupational Safety and Health Administration (OSHA) refuses to pre-screen trade secret claims made by employers, suppliers, or manufacturers. This oversight increases the opportunity to misuse a trade secret in the workplace. Such misuse occurs when a trade secret claim is made to avoid disclosure of information, when in fact, the information does not meet accepted trade secret parameters. Six factors are identified that illustrate how an ineffective HCS enables trade secret protection to preempt information disclosure.
Ultimately, the failure to disclose such information leads to unwarranted injuries, illnesses, and deaths. These costs of production subsequently become externalities that must be absorbed by employees and surrounding communities in the form of diminished health, and greater health care costs. Several alternatives are suggested to improve the health and safety of the workplace by enhancing access to critical information and ensuring that health and safety costs of production are internalized by industry.
Learning Objectives: Learning Objectives
Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.