Regulation: Worker Protection

Current status of worker protection regulations for nanotechnology use

Worker protection remains a key issue for any emerging technology, and nanomaterials as such, many of the regulatory challenges posed by nanomaterials in this area are no different to those of other emerging technologies. However, of particular importance to regulation of nanotechnologies is the potential for unquantified long term worker exposures to nanomaterials whose physico-chemical properties and potential health risks are not yet fully understood. The need for effective regulation to protect workers has recently been further accentuated following comparison of carbon nanotubes to fibrous materials such as asbestos (Poland et al., 2008). Although to date there are no documented cases of death or serious ill health attributed to nanotechnologies or the use of manufactured nanomaterials, nanotechnologies have been highlighted as one of the top four emerging risks challenges facing insurers at the current time, and various stakeholder groups have issued calls for adequate risk governance and regulation in the area.

Some regulatory bodies specific to worker protection are undertaking activities to further investigate the potential new risks to workers posed by nanotechnologies, and in some cases steps are being taken to ensure that nanomaterials are at least covered under existing regulations. These include:

European Advisory Committee on Safety and Health at Work (ACSH)
European Agency for Safety & Health at Work (EU-OSHA)
U.S. Occupational Safety and Health Administration (OSHA)
Ministry of Health, Labour and Welfare (MHLW), Japan

A summary of the outputs from these bodies is provided in the section below, together with links to relevant further information.

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European Advisory Committee on Safety and Health at Work (ACSH)

The Advisory Committee on safety and health at work (ACSH) is charged with assisting the European Commission in the preparation, the implementation and the evaluation of activities in the fields of safety and health at work. Its tasks are:

To give opinions on Community initiatives in the area of occupational safety and health (such as new legislation, Community programmes);
To contribute pro-actively to identifying Community priorities and to establish relevant policy strategies;
To encourage the exchange of views and experience (be an interface between the national and European level).

According to the European Commission "Second Regulatory Review on Nanomaterials" [pdf], published in October 2012, the European Parliament has called on the Commission to evaluate the need to review a number of areas of legislation, including worker protection legislation. In addition to a study on nanomaterials in the workplace, a Nano Sub-group of the Chemicals Working Party set up under ACSH is preparing a draft opinion on risk assessment and management of nanomaterials at the workplace, to be subsequently endorsed by the Advisory Committee. A final assessment on a review of occupational health and safety legislation will be made by 2014 in the light of these activities and respective conclusions.

European Agency for Safety & Health at Work (EU-OSHA)

The European Agency for Safety and Health at Work (EU-OSHA) is a decentralised agency of the European Union, with the task of collecting, analysing and disseminating information related to occupational safety and health across the EU and contributing to an evidence base which policymakers can use to establish future policies regarding occupational safety and health.

In March 2009, EU-OSHA announced the results of a report entitled "Expert Forecast on Emerging Chemical Risks Related to Occupational Safety And Health"[pdf]. According to the report, "[c]ontact with a wide range of chemicals and other hazardous substances at work is endangering the health of workers across Europe, and nanotechnology is one of the risks causing most concern to experts from 21 European countries."

Following this, EU-OSHA has published several reports pertaining to the workplace risks of nanomaterials, including:

A literature review on “Workplace Exposure to Nanoparticles” [pdf], published in June 2009;
A literature review on “Risk Perception and Risk Communication with regard to Nanomaterials in the Workplace” [pdf], published in June 2012; and,
A project report on “Nano in furniture – state of the art in 2012” [pdf], published in March 2013 along with a number of fact sheets.

In addition, EU-OSHA has published a number of good practice case examples for those working in various sectors of the nanotechnology industry, available here.

U.S. Occupational Safety and Health Administration (OSHA)

The US Occupational Safety & Health Administration (OSHA) is charged with ensuring safe and healthful working conditions for working men and women. It does this by setting and enforcing standards and by providing training, outreach, education and assistance.

Section 5(a)(1) of the Occupational Safety and Health Act (29 U.S.C. 654) contains what is referred to as the ‘General Duty Clause’. This requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

Section 5(a)(2) of the same act requires employers to "comply with occupational safety and health standards" promulgated under this Act.

OSHA has provided the following list as examples of standards that may be applicable in situations where employees are exposed to nanomaterials

1904, Recording and reporting occupational injuries and illness
1910.132, Personal protective equipment, general requirements
1910.133, Eye and face protection
1910.134, Respiratory protection
1910.138, Hand protection
1910.141, Sanitation
1910.1200, Hazard communication
1910.1450, Occupational exposure to hazardous chemicals in laboratories
Certain substance-specific standards (e.g., 1910.1027, Cadmium)

Further information on any of these standards may be found by clicking the links. OSHA intends to consider modifications to these standards on a case-by-case basis depending upon evidence.

Ministry of Health, Labour, and Welfare (MHLW), Japan

The Japanese Ministry of Health, Labour, and Welfare (MHLW) aims to improve and promote social welfare, social security, and public health services in a comprehensive and unified manner. In addition, it undertakes work to promote the improvement of the working environment, employment security, and human resource development.

Whilst in relation to regulation of nanomaterials, the majority of Asian countries lie quite far behind the US, EU and Australia, the MHLW has encouraged companies to take necessary precautions when manufacturing nanomaterials.

In a report [pdf] published by the OECD WPMN in 2010, the following developments relevant to the regulation of nanomaterials by the MHLW were outlined:

According to the existing regulatory system in Japan, the Chemical Substance Control Law obliges manufacturers to notify the government about nanomaterials if they are new chemicals subject to the law, and as of 2006, some notifications concerning fullerene derivatives had been submitted under the small quantities exemption of the new chemical notification system.
In October 2008, a notification for exposure prevention in the workplace was issued. A revised version was published in 2009.
In 2009, Guidelines for preventing the environmental impact of manufactured Nanomaterials was published by the Expert committee on the environmental impact of manufactured nanomaterials (Ministry of the Environment).

Thus, while there are no nanomaterial-specific regulations as yet, workplace safety practices are being actively promoted. The OECD WPMN report on the topic also indicates that data gathering is underway in order to support any regulatory changes necessary.

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