Who enforces the Worker and Community Right to Know (RTK)
There are three state agencies that work together to implement the RTK
What is required of employers by the RTK Act?
The NJ Department of Health (NJDOH) enforces all
provisions of the RTK Act in public workplaces and RTK labeling in private
workplaces. The Department prepares Hazardous Substance Fact Sheets, the RTK
brochure, and other materials to increase awareness of hazardous chemicals and
help public employers comply with the RTK law.
The NJ Department of Environmental Protection (NJDEP) enforces the community
provisions of the RTK Act in the private sector (except for labeling). NJDEP is
also responsible for implementing Title III (Emergency Planning and Community
Right to Know) of the Federal Superfund Amendments and Reauthorization Act
(SARA), which establishes requirements for industry regarding emergency
planning and reporting of hazardous chemicals.
The NJ Department of Labor & Workforce Development (NJLWD) collects RTK
fees from private employers that are used to implement the RTK Act and
investigates complaints by public employees who suspect that they are being
discriminated against for exercising their rights under the RTK law.
All employers covered by the Act must complete surveys listing the names and
quantities of hazardous chemicals stored and used at their facilities.
The Right to Know Surveys from
are sent to the NJDOH, while Community Right to Know Surveys from
are sent to the NJDEP. Copies of both surveys are sent to local fire and police
departments, designated RTK County Lead Agencies, local health departments, and
local emergency planning committees.
are required to establish and maintain a RTK Central File at each facility. The
RTK Central File must include a copy of the facility's RTK Survey, Material
Safety Data Sheets (MSDS), NJDOH Hazardous Substance Fact Sheets, and a copy
of the RTK Hazardous Substance List.
Public employers must also label containers with the chemical name and Chemical
Abstract Service (CAS) number of the containers' ingredients and post the RTK
covered under the RTK Act must label containers with the chemical name and CAS
number of the containers' ingredients.
How does the Act help to protect public health?
Under the RTK Act, you can get information about hazardous substances that may
be harmful to you or your family. These substances may be present in your
workplace or at facilities in your community, or may be released into the
environment. Exposure to hazardous substances has been linked to health effects
including cancer, birth defects, heart, lung, and kidney diseases. Health
effects may develop without prior symptoms, years after exposure. Awareness
about hazardous substances and their health effects can help with proper
diagnosis and treatment. More importantly, awareness about hazardous substances
and potential exposure can help you make important decisions about employment
What are the workplace rights of New Jersey public employees?
Public employees have certain rights and access to information about substances
with which they work. With this information, workers learn of job-related
health risks and ways to minimize their exposure.
The rights of a public employee include:
The right to work with labeled containers which identify their chemical
The right to obtain a copy of the RTK Survey of hazardous substances for their
The right to get Hazardous Substance Fact Sheets and Material Safety Data
Sheets about chemicals they may be exposed to or potentially exposed to from
The right to exercise any rights provided by the RTK Act without reprisals from
The right to file a complaint against their employer for not complying with the
Act. Their name will be kept confidential.
The right to refuse to work with a substance if their employer has not given
them the information they requested in writing within five working days.
they refuse to work with the substance, employees should call the NJ Department
of Health at 609-984-2202.