In response to a toxic release
from a chemical plant that sent school students to hospitals in
this densely populated New Jersey county, the Passaic Board of
Chosen Freeholders have unanimously enacted the nation's first
neighborhood "right to act" law to prevent
environmental hazards. The law allows neighbors
and/or employees to petition the county Health Officer for
creation of Neighborhood Hazard Prevention Advisory Committees
(NHPACs) for specific facilities. NHPACs could include
management and employees, neighbors, and a municipal
representative. They would meet to discuss potential
hazards and would make recommendations to management. The
precedent-setting law gives NHPACs authority to do on-site
surveys, accompanied by independent experts.
Deputy Director Freeholder Lois Cuccinello, said "We got
tired of swat teams descending on toxic crime scenes after
exposures, injuries, or deaths. That is why we enacted this
law to prevent dangers in the first place."
Rick Engler, Director of the New Jersey Work Environment Council,
who helped draft the ordinance, said "This law sets a
national precedent by being the first to empower citizens to
establish Neighborhood Hazard Prevention Committees with
authority to survey potentially hazardous facilities."
Key elements of the law include a process whereby 25 or more
neighborhood residents and/or facility employees can petition the
County Health Officer to create a Neighborhood Hazard Prevention
Advisory Committee (NHPAC) for a facility. The
NHPAC's will provide recommendations to management concerning
actual and potential environmental and public health hazards. The
NHPAC can survey the facility, with a right to be accompanied by
technical experts.
The New Jersey Work Environment Council (WEC) is an alliance of
labor, community, and environment organizations working together
for good jobs, safe workplaces, and a healthy environment.
Request from WEC for Proposed Language
on Trade Secrets
The law, effective, January 1, 1999, specifies that the county
shall adopt regulations to protect trade secrets and confidential
business information. From your viewpoint, what should a
reasonable trade secret/confidential business information
regulation
say? Remember, this law is for on-site surveys and is not
focused on data collection or narrowly tied to chemical right to
know. Should WEC develop a standard confidentiality
agreement that facilities facing a survey could ask survey teams
to
sign? What are appropriate penalties if individuals violate
a reasonable agreement? Any suggestions for how to approach this
-- or sources of sympathetic legal or related expertise -- would
be most welcome. So would suggested regulatory language.
Thanks!
Rick Engler, N.J. Work Environment Council, 198 West State
Street, Third Floor, Trenton, N. J. 08608 FAX (609)
235-3889 or email to rickengler@aol.com
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