Health Hazards Communication and Employee’s Right to Know Act passed by Congress in 1987 was to be certain that every employee who could potentially be impacted by hazardous materials during their employment is given full informed consent, training and an opportunity to be adequately appraised of any risks that may be involved.
Section 5194 concurs: Employers shall ensure that employees are provided with information and training … to the extent necessary to protect them in the event of a spill or leak of a hazardous substance from a sealed container.
Petitioners assert that the purposeful opening of a mercury capsule under a doctors direction in a proximity measured in inches rather than feet, and exceeding Ceiling Limits some 10-fold in this task or others identified herein as routine, are incidents that require specific informed consent, training as to how to limit or avoid exposures, and protective measures.
