Chapter 3: Laws that Mandate Risk Communication

It is imperative that risk communicators demonstrate adequate knowledge or awareness of policies, rules and regulations guiding risk communication effort. Chapter 3 provides an overview of few select legislative instruments and highlights basic requirements relevant to the risk communication process in the US. From an international perspective, it should be noted that the policy and legislative environment differ from country to country, between governments (federal, state or local), and between sectors. Knowledge and compliance to various regulatory requirements is necessary because it could help avoid unnecessary delays in risk communication efforts. As outlined in Chapter 4 on Constraints to Effective Risk Communication, if regulatory requirements are not followed, they can indeed constrain the organization’s communication of risk. It is therefore necessary that the communicator know the internal and external regulatory environment for effective risk communication. Apart from constraining effective communication of risk, failure to comply with regulatory requirements may have adverse results such as protracted litigation process (by the public, individuals or regulating agencies); can weaken the communicator’s potential of justifying and attracting funding; and/or risk the operations’ closure or fines (p. 29). Over and above these, the organization as well as the communicator may suffer trust and credibility erosion.

Most laws and regulations are housed within different sectors and the risk communicator should be aware of the relevant and applicable sectors and provisions within the various instruments which must be followed. Failure to do so may derail the communication process. Most policies, laws and regulations outlines procedures, processes, conditions and standards to be maintained and followed before starting the risk communication effort. There are also protocols in place within certain regulatory agencies to be observed. Some of the laws and regulations applicable to risk communication in the United States are tabulated in Table 3-1 (p. 44). When dealing with risk communication of environmental issues, the communicator should ensure that the relevant provisions of applicable laws such as the Comprehensive Environmental Response, Compensation and Liability act are adequately complied to. Other applicable laws and regulations necessary in communicating environmental risks include the Executive Order 12898, 13054, the National Environmental Policy act, Natural Resource Damage Assessment, Resource Conservation and Recovery Act and Risk Management Program rule.

A different set of rules, regulations and procedures exists for health communication, industrial hygiene, hazardous and solid wastes. Risk communicators should always check with the regulatory agencies at federal, state and local government for relevant pieces of legislature. Each country will have a unique set of legislative requirements to which a communicator should be mindful and aware of. The rules and regulations will guide and the communication process to the benefit of the organization. When rules and regulations are followed appropriately, risks of litigations will be minimized. It is there necessary that risk communicators are aware and aligns their communication efforts to the relevant legislative requirements and processes within the organization and government.