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CDC - NIOSH Health Hazard Evaluations (HHEs) - HHE Program Information
CDC - NIOSH Health Hazard Evaluations (HHEs) - HHE Program Information
CDC - NIOSH Health Hazard Evaluations (HHEs) - HHE Program Information
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HHE. Any management official may request an HHE on behalf of the employer. For anyone who submits a request, NIOSH will not reveal to the employer the names of the persons who made the request if they indicate this on the request form
When there is concern about a health hazard in a workplace, you can request an HHE, file a complaint with the Occupational Safety and Health Administration (OSHA), or request help from the OSHA Consultative Service. Some things to consider for each of these options are listed below.
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assistance in recognizing hazards in your workplace. suggestions or options for correcting safety and health issues. assistance in developing or maintaining an effective safety and health program. to reduce workers compensation cost and improve employee morale. The OSHA On-site Consultation Program: is a free service. is delivered by state (and territorial) governments using well-trained safety and health professionals. is separate from enforcement. is confidential. The companys name, and any other identifying information provided about the workplace, plus any unsafe or unhealthful working conditions that the consultant uncovers, will not routinely be reported to OSHA enforcement personnel. does not issue and citations, penalties, or fines. will provide you a confidential, written report that summarizes the consultants findings. requires the correction of hazards identified by the consultant(s). under specific circumstances, employers with exemplary safety and health programs can be recommend for recognition and provided with an exclusion from general schedule inspections.
NIOSH logs in each request for an HHE and generally sends a letter to the person making the
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request. Most often this happens within a few weeks.When NIOSH decides to send information or make a referral to another agency, usually a letter is sent within 4-6 weeks. When NIOSH decides that telephone consultation or a workplace visit is needed, a project officer is assigned. Usually, within 4-6 weeks, the project officer contacts the person who sent in the request. When the request is made by an employee or union, NIOSH also contacts the employer to let them know about the request and to arrange for a site visit. Typically, NIOSH does not conduct surprise visits. Back to Table of Contents (#contents)
What protections are provided for employees who request and participate in HHE investigations?
Confidentiality
If desired and noted on the HHE request form, NIOSH will not reveal to the employer the names of the persons who made the request. Personal information from records, questionnaires, interviews with NIOSH investigators, and individual medical results will be safeguarded in accordance with provisions of the Privacy Act.
Anti-discrimination Provisions
The Occupational Safety and Health Act and the Federal Mine Safety and Health Act forbid employers from retaliating or punishing employees for making HHE requests or cooperating with NIOSH investigators (see Section 11(c) of the Occupational Safety and Health Act or Section 105(c) of the Mine Safety and Health Act). The enforcement of these antidiscrimination provisions is the responsibility of the U.S. Department of Labor. If discrimination is suspected, contact the nearest OSHA or MSHA office immediately.
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Employee representatives, including an employee requestor and a representative of any union representing the affected employees, have the right to accompany NIOSH investigators during the initial inspection of any workplace to be evaluated.(NIOSH investigators may have additional employee representatives accompany them if necessary to aid in the investigation.) Employee representatives have the right to participate in an opening and closing conference with NIOSH investigators at the start and conclusion of a NIOSH investigation at the workplace. Employees have the right to wear NIOSH sampling devices and participate in medical tests when offered or requested by NIOSH. (This also applies to management employees.) Employees have the right to read or obtain copies of all HHE interim and final reports. (The employer is required to post the final report in the workplace for 30 days, or supply a list of names and addresses of affected employees so that NIOSH can mail the report directly to them.)
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To accompany NIOSH investigators on the initial inspection of the workplace. To convey to the NIOSH investigators, privately if requested, additional information related to the HHE request. To participate in the opening and closing conferences. To receive copies of all interim and final reports Back to Table of Contents (#contents)
NIOSH reports its findings and recommendations to employers, employees, and employee representatives. Verbal reports are normally provided to employer and employee representatives during a closing conference at the conclusion of a site visit, and by telephone. Often, results are only preliminary or incomplete at that time. Written interim reports are sometimes provided while an investigation is still in progress. When all the information and data have been analyzed, NIOSH issues a report of its final determination, giving findings and recommendations. Copies of this report are sent to the requestor, the employer, employee representatives, OSHA, and other appropriate agencies. The employer is required to post the final report in a place accessible to employees from all areas evaluated (alternatively, the employer may give NIOSH names and addresses of affected employees to permit NIOSH to mail the report to each affected employee.) Although NIOSH has no authority to force the employer to adopt its recommendations, experience has shown that most employers attempt to address any problems identified in the HHE report. Back to Table of Contents (#contents)
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85).
The Law Section 19 of the Occupational Safety and Health Act (29 USC 668) requires the head of each Federal agency to "establish and maintain an effective and comprehensive occupational safety and health program." Executive Order Executive Order 12196 of February 26, 1980, "Occupational Safety and Health Programs for Federal Employees." Federal Regulations Title 29, Code of Federal Regulations, Part 1960; Basic Program Elements for Federal Employees Occupational Safety and Health Programs and Related Matters (29 CFR 1960). Section 1960.35 of these regulations describes the procedures for requesting HHEs in Federal agency workplaces.NIOSH follows the procedures outlined in the regulations governing HHEs (42 CFR 85) when evaluating Federal agency workplaces.
Centers for Disease Control and Prev ention 1 600 Clifton Rd. Atlanta, GA 30333, USA
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