The New York State Right-to-Know law gives you the right to find out what toxic substances are present in your workplace.

Who Is Covered?
all New York State public sector employees including former employees who were employed after December 1980. (NYS public workers are also covered by the OSHA Hazard Communication standard. <http://www.osha-slc.gov/OshStd_data/1910.1200.html>)

Who Is Not Covered?
private sector employees
federal employees
domestic or casual laborers employed at their employer's place of residence.

What Substances Are Included?
the 65,000 toxic substances identified by the National Institute of Occupational Safety and Health (NIOSH) <http://www.cdc.gov/niosh/homepage.html>
all substances found to cause cancer, reproductive problems, organ damage and/or allergic reactions, based on human, animal, or other biological testing
flammable, combustible, explosive and reactive substances
any material composed of 1% or more by weight of toxic substances
trace amounts of substances, if those substances make another substance hazardous.

What Information Is My Employer Required to Provide?
all substances known to be present in any compound or mixture, if they comprise 1% or more by weight of the compound or mixture, or if their presence in trace amounts makes the compound or mixture hazardous
the name or names of any substance, including the chemical or generic name and the trade name
the level at which exposure to the substance is hazardous, if known
the symptoms and effects of exposure at hazardous levels
proper conditions for safe use and exposure
the potential for flammability, explosion and reactivity
appropriate emergency treatment
procedures for clean-up of leaks and spills

Your employer may supply this information in the form of a Material Safety Data Sheet (MSDS). However, if the MSDS does not contain all the required information, your employer must supplement it with additional information.

How Do I Obtain this Information?
Your employer must supply this information upon receipt of a written request. In your letter, specify what information you are requesting and that this is a request under the New York State Right-to-Know law.
Your employer must provide the information within 3 business days. If you do not receive it within 3 business days, you may refuse to work with substance in question. You must still report to work and, if your employer gives you another assignment, you must take it. (This provision of the law is not always enforced.)
If the information you requested is more than 200 pages long, your employer may charge you for the cost of copying it or may give you paid time during regular working hours to examine the documents yourself.
If, within the past year, your employer has provided you with the information you are requesting, s/he may require you to examine the material on your own, unpaid time.
If your employer responds to your request by telling you a substance is not harmful, s/he must show you the source material that says it is safe.
If you are requesting information that is a "trade secret," your employer must give you all the information about the substance except its specific makeup. Your employer must register any "trade secrets" with the New York State Department of Health.

What if someone on my joy doesn't understand English?
If the material requested is available in the worker's native language, the employer must provide it.
If English is not the primary language of 10 workers or 20% of the workforce, whichever is less, the employer must provide the requested material in the workers' native language.

What Kind of Training must My Employer Provide?
Every worker who is exposed to hazards on the job must receive training by qualified instructors during regular working hours. You must be trained before your initial assignment and annually after that. If a new substance is introduced, or if you are transferred to a new job, your training must be updated to include the new information. Training must include:
how toxics get into your body
how toxics affect your body
how substances may act together to harm you
information about the specific toxics you work with
your rights under the law
how to read a material safety data sheet (MSDS)
emergency clean-up procedures
sources of further information

What Else Does the Law Require My Employer to Do?
Post a notice informing you about the Right-to-Know law.
Keep records of training sessions and MSDSs.
Keep records of employees exposed to certain toxics. Records must be kept for 40 years and must be made available to employees, former employees, designated physicians, or the Commissioner of Health. The records must include the employee's name, address, and social security number, as well as the chemical and trade name, and, if possible, the manufacturer of the toxic substance.

What Can I Do If My Employer Refuses to Cooperate?
If your employer does not provide you with the information you request, or with the required training, contact:

NYS Attorney General's Office - Labor Bureau
120 Broadway - room 2866
New York NY 10271

NYS Department of Labor, Division of Safety & Health
State Office Building Campus
Building 12, Room 457
Albany NY 12240
tel. (518) 457-3518

If you belong to a union, contact your union representative first.
For further assistance, contact NYCOSH at (212) 227-6440.