Health Hazard Evaluation Program

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The Health Hazard Evaluation (HHE) program is a workplace safety program administered by the National Institute for Occupational Safety and Health (NIOSH). It was developed by NIOSH to comply with a mandate included in the Occupational Safety and Health Act of 1970 to investigate occupational hazards reported by workers. According to Section 20(a)(6) of the Act, the Secretary of Health and Human Services is authorized "following a written request by any employer or authorized representative of employees, to determine whether any substance normally found in the place of employment has potentially toxic effects in such concentrations as used or found." [1]

The level of aid offered via the HHE program ranges from written correspondence between NIOSH and the inquiring party and a site visit from a NIOSH representative. Following each site visit, NIOSH provides a report detailing the hazards found and outlining remediation recommendations. The final report is given to the requester, the employer, employee representatives, OSHA, and other appropriate agencies. The employer is required to post the final report; however, NIOSH has no authority to force the employer to comply with the recommendations stated in it.[2]

Requests

A NIOSH HHE can be requested in the private sector and Federal workplaces by an employee who is currently an employee at the workplace of concern and has the signatures of two other employees. If the workplace has three or fewer employees, the signature of only one employee is enough. An officer of a labor union that represents employees for collective bargaining can also request an HHE and any management official may request an HHE on behalf of the employer. When the workplace is part of a State or local government, NIOSH authority is more limited than for the private and Federal sectors. The cooperation of the employer may be necessary before NIOSH can do an evaluation.[2]

HHE process

NIOSH first sends a letter to the person making the request.[3] Then NIOSH sends information back to this person or can make a referral to another agency.[3] This letter of referral is sent within four to six weeks. If needed, a project officer is assigned. This usually happens if a telephone consultation or visit to the workplace is necessary. Before visiting the workplace, however, NIOSH also contacts the employer. NIOSH does not usually conduct surprise visits.[3] After NIOSH addresses the HHE, NIOSH reports its preliminary findings to employers, employees, and employee representatives (such as labor unions).[3] Verbal reports are usually given to employers and the employee representatives. At this point, the results are mostly incomplete.[3] A written interim report is sometimes proffered. After more research into the HHE, NIOSH compiles a final report. This report is sent to OSHA, the employer, the employee representatives, and other agencies.[3] The employer must then post this report and the information therein where all employees can view it.[3]

Employee protection

There is some protection for employees who report the health hazard. If an employee requests it, NIOSH can refuse to give the employer the name of the employees who report the health hazard.[4] Additionally, due to the Occupational Safety and Health Act and the Federal Mine Safety and Health Act, employers may not punish employees for reporting the health hazard.[4]

Completed reports

NIOSH has completed over 3,000 HHE reports detailing on-site workplace evaluations in all 50 states. All final HHE reports are available from the NIOSH website.[5] These include HHEs for tobacco smoke exposure among casino dealers,[6] carbon monoxide intoxication in sewers[7] musculoskeletal disorders in textile factories,[8] and mold exposure in hospitals.[9]

References

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External links

  • Occupational Safety and Health Act (Public Law 91-596, 91st Congress, S.2193, December 29, 1970), 29 USC 669 (a)(6). Quoted in Health Hazard Evaluations: By What Authority Does NIOSH Conduct HHEs? National Institute for Occupational Safety and Health. Accessed May 8, 2009.
  • 2.0 2.1 Health Hazard Evaluations. National Institute for Occupational Safety and Health. Accessed May 8, 2009.
  • 3.0 3.1 3.2 3.3 3.4 3.5 3.6 "How Does NIOSH Respond to an HHE Request?" Health Hazard Evaluation Program Information
  • 4.0 4.1 "What protections are provided for employees who request and participate in HHE investigations?" Health Hazard Evaluations Program Information
  • Health Hazard Evaluations: Search Results. National Institute for Occupational Safety and Health. Accessed May 8, 2009.
  • HETA 2005-0076 and HETA 2005-0201
  • HETA 98-0020,
  • HETA 96-0258-2673
  • HETA 97-0010-2730