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:

Occupational Safety and Health Administration (OSHA), United States
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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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.

At the current time, OSHA considers that until more is known, its existing policies are sufficient for nanomaterials. Most of the standards under which OSHA consider nanomaterials fall relate to General Industry Standards, although a few are also applicable from the construction industry. The following section outlines the act under which occupational safety and health within the US is governed, and some of those General Industry OSHA standards considered as applicable to nanomaterials.

The Occupational Safety & Health Act (1970)

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.

Applicable Standards

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)

The Japanese 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 published by the OECD WPMN (OECD, 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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