Pallone Amendments Pass to Strengthen Worker's Rights to Participate in Plant Inspections

Washington, D.C. --- U.S. Rep. Frank Pallone Jr., praised the passage of two amendments today that would strengthen workers’ rights to participate in plant inspections. The amendments were included in the Chemical Facility Anti-Terrorism Act and the Drinking Water System Security Act.

The amendments were passed during the House Energy and Commerce Subcommittee on Energy and Environment markup on chemical and drinking water security, two of the most serious homeland security issues facing our country. More than 80 million Americans live within range of a catastrophic chemical release from at least one of the 101 hazardous chemical facilities in the country.

Pallone’s amendments would codify that an employee or recognized employee bargaining agent be given the opportunity to participate in the physical inspection of a chemical facility or drinking water facility. This would allow the employee to assist in the inspection and point out additional security issues from a worker’s perspective.

“If employees’ rights to participate in an inspection are not written into law, they might not be notified of an inspection or offered a meaningful chance to participate. Workers at these facilities, which are potential terrorist targets, will be hurt first and worst in the case of an attack,” Pallone said. “If employees are excluded from inspections, vulnerabilities could be missed with catastrophic consequences. It is my hope that we can further increase security in our nation’s chemical facilities with increased input from workers.”

New Jersey already has strong chemical security standards that are having a positive impact. In 2005, New Jersey implemented Chemical Security Sector Best Practices, requiring all chemical facilities in the state to comply with security standards; conduct an assessment of their vulnerability to terrorist attacks; develop prevention, preparedness, and response plans to minimize such attacks; and review whether it would be practical to use safer materials or processes.

The chemical security and drinking water security bills considered by the subcommittee today will make regulations, like New Jersey’s, applicable nationwide. New Jersey has had a number of success stories because employees and union representatives are involved in New Jersey Clean Air Act inspections conducted by the N.J. Department of Environmental Protection.

Employees and their representatives routinely participate in Occupational Safety and Health Administration (OSHA) inspections, where their legal rights are explicit. However, they almost never participate in Environmental Protection Agency (EPA) inspections, where there are no employee rights under many EPA statutes.

Since 1970, thousands of employees and union representatives have pointed out preventable hazards while accompanying OSHA inspectors. From 2003 through 2007, more than 94,000 OSHA inspections included worker and/or union representation.