Legal Question in Employment Law in Iowa

Re: welding and pregnant

All workers, male and female, regardless of whether they are pregnant or not, should be protected from the health effects of toxic exposures at work. The Occupational Safety and Health Act and the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard offer workers federal protections from reproductive health hazards. The OSHA Hazard Communication Standard (29 CFR 1910.1200, 1983; also known as �HAZCOM� or �right to know�) says that information must be provided to workers to allow them to evaluate the risk of reproductive hazard. Its three major components include: 1) labeling of potentially dangerous products, 2) provision of updated material safety data sheets (MSDSs), and 3) worker training programs that address job-related hazards and preventive measures.

MSDSs should be available on every unit and, upon request, for all hazardous drugs or chemicals in use in the work environment. Two sections of the MSDS include information regarding reproductive hazards:

Section II-Hazard Ingredients/Identity Information

Section VI-Health Hazard Data. Look for the words

teratogen, mutagen, birth defects, and carcinogen.

One specific OSHA standard for ethylene oxide, a reproductive hazard, requires medical monitoring to ensure that the permissible exposure limit (PEL) is not surpassed. You should receive reports of biological-monitoring exposure (exposure detected during monitoring) even when exposures do not exceed permissible limits. OSHA has the authority to set PELs, defining safe levels for chemicals used in the workplace. However, exposure limits for most toxic substances still have not been set; many substances have not yet been tested.

Workers may file complaints with OSHA. Before doing so, however, alert your state nurses� association or union, which may be able to provide important information about similar complaints, help with filing and legal strategy, and offer protection from employer retribution.