There is more and more reason to believe chemical manufacturers in the U.S. and elsewhere are less than forthcoming about the risks their products pose to children's health. It's time to legislate against this kind of endangerment.
Here is the text of applicable Michigan law on who is required to report suspected child abuse to the law enforcement. After the stars comes legislative language that would create a parallel requirement for manufacturers of chemical compounds sold to customers in the state. All that's needed are penalties, enforcement language and protection for whistleblowers, and a legislative sponsor.
CHILD PROTECTION LAW (EXCERPT)
Act 238 of 1975
722.623 Persons required to report child abuse or neglect; written report; transmitting report and results of investigation to prosecuting attorney, county family independence agency, or law enforcement agency; etc.
Sec. 3.
(1) An individual is required to report under this act as follows:
(a) A physician, dentist, physician's assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, marriage and family therapist, licensed professional counselor, certified social worker, social worker, social work technician, school administrator, school counselor or teacher, law enforcement officer, member of the clergy, or regulated child care provider who has reasonable cause to suspect child abuse or neglect shall make immediately, by telephone or otherwise, an oral report, or cause an oral report to be made, of the suspected child abuse or neglect to the department. Within 72 hours after making the oral report, the reporting person shall file a written report as required in this act. If the reporting person is a member of the staff of a hospital, agency, or school, the reporting person shall notify the person in charge of the hospital, agency, or school of his or her finding and that the report has been made, and shall make a copy of the written report available to the person in charge. A notification to the person in charge of a hospital, agency, or school does not relieve the member of the staff of the hospital, agency, or school of the obligation of reporting to the department as required by this section. One report from a hospital, agency, or school shall be considered adequate to meet the reporting requirement. A member of the staff of a hospital, agency, or school shall not be dismissed or otherwise penalized for making a report required by this act or for cooperating in an investigation.
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Chemical Endangerment of Children's Health
Persons required to report child endangerment from the manufacture and use of toxic chemicals; written report; transmitting report and results of investigation to prosecuting attorney, department of environmental quality, or law enforcement agency.
Sec. 3.
(1) An individual is required to report under this act as follows:
(a) A chemical manufacturer doing business with industrial users in this state, an employee of the manufacturer, or a purchaser of a chemical for industrial use or an employee of the purchaser who has reasonable cause to suspect, based on scientific studies, including peer-reviewed studies known only to the manfacturer or purchaser or their employees that a chemical sold or purchased by the manufacturer or purchaser poses significant risk of endangering the physical or mental health or development of a child shall make immediately, by telephone or otherwise, an oral report, or cause an oral report to be made, of the suspected child abuse or neglect to the department of environmental quality.
Within 72 hours after making the oral report, the reporting person shall file a written report as required in this act, including any scientific evidence to suppor the claim of child endangerment. An employee of a manufacturer or purchase shall not be dismissed or otherwise penalized for making a report required by this act or for cooperating in an investigation.
Posted by Dave at January 21, 2005 10:55 PM