Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable".UNESCO, Freedom of information: the right to know; 2011, p. 16. It pursues universal access to information as essential foundation of inclusive knowledge societies.Parliamentary Assembly of the Council of Europe, Media freedom, public trust and the people's right to know, Motion for a resolution, Doc. 15040, 27 January 2020. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.
Australia A right to know regarding environmental hazard information is protected by Australian law, which is described at Department of Sustainability, Environment, Water, Population and Communities.
Right to know regarding workplace hazard information is protected by Australian law, which is described at Safe Work Australia and at the Hazardous Substances Information System.
Canada
Right to know regarding workplace hazard information is protected by Canadian law.
Right to know regarding environmental hazard information is protected by Canadian law, which is described at Environment Canada.
Europe
Europe consists of many countries, each of which has its own laws. The European Commission provides central access to most of the information about individual regulatory agencies and laws.
Right to know about environmental hazards is managed by the European Commission's Directorate-General for the Environment and by the European Environment Agency.
Right to know about workplace hazards is managed by the European Agency for Safety and Health at Work.
United States In the context of the United States workplace and community environmental law, right to know is the legal principle that the individual has the right to know the chemicals to which they may be exposed in their daily living. It is embodied in United States federal law as well as in local laws in several U.S. states. "Right to Know" laws take two forms: Community Right to Know and Workplace Right to Know. Each grants certain rights to those groups. The "right to know" concept is included in Rachel Carson's book Silent Spring.
Toxic substances used in the work area must be disclosed to the occupants under laws managed by Occupational Safety and Health Administration.
Hazardous substances used outside buildings must be disclosed to the appropriate state or local agency responsible for state environmental protection, including regulatory actions outside federal land. Use on federal land is managed by the United States Environmental Protection Agency and the Bureau of Land Management .
The US Department of Defense is self-regulating, and as such, is immune to state and federal law pertaining to Occupational Safety and Health Administration OSHA and Environmental Protection Agency (EPA) regulations on foreign and domestic soil.
Occupational Safety and Health Administration
Occupational Health and Safety is managed within most states under federal authority.
Workplace safety and health in the U.S. operates under the framework established by the federal Occupational Safety and Health Act of 1970 (OSH Act).
Occupational Safety and Health Administration (OSHA) within the U.S. Department of Labor is responsible for issuing and enforcing regulations covering workplace safety.
The Department of Transportation is responsible for transportation safety and for maintaining the list of hazardous materials.
The Environmental Protection Agency is responsible for maintaining lists of specific hazardous materials.
Environmental Protection Agency
Environmental health and safety outside the workplace is established by the Emergency Planning and Community Right-to-Know Act (EPCRA), which is managed by the Environmental Protection Agency (EPA) and various state and local government agencies.
State and local agencies maintain epidemiology information required by physicians to evaluate environmental illness.
Air quality information must be provided by pest control supervisors under license requirements established by the Worker Protection Standard when restricted use pesticide is applied.
The list of restricted use pesticides is maintained by the US EPA.
Additionally, specific environmental pollutants are identified in public law, which extends to all hazardous substances even if the item is not identified as a restricted use pesticide by the EPA. As an example, cyfluthrin, cypermethrin, and cynoff produce hydrogen cyanide upon combustion, but some pesticides that inadvertently produce noxious chemicals may not be identified as restricted-use pesticides. Title 42 U.S.C. Section 7412 identifies the list of environmental pollutants.
Some specific chemicals, such as cyanate, cyanide, cyano, and nitrile compounds, satisfy the specific hazard definition that is identified in public law regardless of whether or not the item is identified on the list of restricted use pesticides maintained by the United States Environmental Protection Agency. Title 42 U.S.C. Section 7413 contains the reporting requirement for environmental pollutants.
Environmental illness share characteristics with common diseases. For example, cyanide exposure symptoms include weakness, headache, nausea, confusion, dizziness, seizures, cardiac arrest, and unconsciousness. Influenza and heart disease include the same symptoms.
Failure to obtain proper disclosure that is required by physicians will result in improper, ineffective, or delayed medical diagnosis and treatment for environmental illness caused by exposure to hazardous substance and by exposure to radiation.
Department of Transportation (DOT)
The Library Pipeline and Hazardous Material Safety Administration within the US Department of Transportation is responsible for maintaining the list of hazardous materials within the United States.
All hazardous materials that are not created at the work site must be transported by motor vehicle. The safety and security of the public transportation system is enforced by the Department of Transportation.
The Department of Transportation also regulates mandatory labeling requirements for all hazardous materials. This is in addition to requirements by other federal agencies, like the United States Environmental Protection Agency, and Occupational Safety and Health Administration.
DOT is responsible for enforcement actions and public notification regarding hazardous chemical releases and exposures, including incidents involving federal workers.
DOT requires that all buildings and vehicles containing hazardous materials must have signs that disclose specific types of hazards for certified first responder.
Department of Energy (DOE)
Safety of certain workers is governed by the US Department of Energy, such as mine workers. Public information can be obtained in the form of directives.
Department of Defense (DOD)
The United States Department of Defense manages environmental safety independent of OSHA and EPA. Spills, mishaps, illnesses, and injuries are not normally handled in accordance with local, state, and federal law.
Failure to administer discipline for illegal activity occurring within a military command is considered to be dereliction of duty, which is administered under the Uniform Code of Military Justice.
Individuals with information about environmental crimes and injuries involving the military are protected by Whistleblower protection in United States. Government employees, government contractors, and military officers often lack the training, education, licensing, and experience required to understand the legal requirements involving environmental safety. The sophistication required to understand legal requirements is not normally required for promotion and contractor selection within the military. Because of this, specific rules are documented in orders and directives that need to be written in plain language intended to be understood by people that have a 4th-grade reading ability.
Laws are enforced by the commanding officer in military organizations. The commanding officer typically has the ability to read and understand written requirements. A Flag Officer is subject to Court-martial action if laws or government policies are violated under their command when the activity is outside the scope of mission orders and rules of engagement. Each commanding officer is responsible for writing and maintaining policies simple enough to be understood by everyone in their command. Each commanding officer is responsible for ensuring that command policy documents are made available to every person in their command (civilian, military, and contractor). The commanding officer is responsible for disciplinary action and public disclosures when policies are violated within their command.
The commanding officer shares responsibilities for crimes that are not punished (dereliction).
Military agencies operate independently of law enforcement, judicial authority, and common law. Similar exemptions exist for some state agencies.
Potential crimes are investigated by military police. The following is an example of the kinds of policy documents used to conduct criminal investigations.
Because military law enforcement is performed with no independent civilian oversight, there is an inherent conflict of interest. Information and disclosures are obtained through Freedom of Information Act request and not through disclosures ordinarily associated with the EPA and OSHA that have the competency required for training, certification, disclosure, and enforcement. This prevents physicians from obtaining the kind of information needed to diagnose and treat environmental illness, so the root cause for environmental illness typically remains permanently unknown. The following organization may help when the root cause for an illness remains unknown longer than 30 days.
Criminal violations, injuries, and potential enforcement actions begin by exchanging information in the following venues when civilian government employees and flag officers are unable to deal with the situation in an ethical manner. Local labor union officials Freedom of information in the United States Equal Employment Opportunity Commission Office of the Inspector General, U.S. Department of Defense (Hotline) United States Secretary of Defense President of the United States United States Secretary of State United States House of Representatives United States Senate
US federal laws, state laws, local laws, foreign laws, and treaty agreements may not apply.
Policies are established by Executive Order and not public law, except for interventions by the United States Congress and interventions by US district courts.
The following US presidential executive orders establish the requirements for DoD environmental policy for government organizations within the executive branch of the United States. Executive Order 12114 - Environmental effects abroad of major Federal actions Executive Order 12196 - Occupational safety and health programs for Federal employees Executive Order 12291 - Regulatory planning process Executive Order 12344 - Naval Nuclear Propulsion Program Executive Order 12898 - Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12958 - Classified National Security Information Executive Order 12960 - Amendments to the Manual for Courts-Martial Executive Order 12961 - Presidential Advisory Committee on Gulf War Veterans' Illnesses Executive Order 13101 - Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition