Health and Occupational Safety

Occupational Safety and Health Administration

The OSHA Act was enacted to ensure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources (OSHA 2018). Under the Act, the OSHA was created within the U.S. Department of Labor to

1. encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs
2. provide for research to develop innovative ways to dealing with occupational safety and health problems
3. establish “separate but dependent responsibilities and rights” for employers and employees for achievement of better safety and health conditions
4. maintain a reporting and record‐keeping system to monitor job‐related injuries and illnesses
5. establish training programs to increase the number and competence of occupational safety and health personnel
6. develop mandatory job safety and health standards and enforce them effectively
7. provide for the development analysis, evaluation, and approval of state occupational safety and health programs.

“Right‐To‐Know” Laws

Probably one of the most important safety and health standards ever adopted is the OSHA hazard communication standard, emore popularly known as the “right‐to‐know” law. The hazard communication standard requires employers to communicate information to the employees on hazardous chemicals that exist within the workplace. The program requires employers to craft a within‐hazardous communication program, to keep material safety data sheets (MSDS) for all hazardous chemicals, and to ensure that proper warning labels are in place.

The Hazardous Waste Operations and Emergency Response Regulation enacted by OSHA addressed the safety and health of employees involved in operations at mandate, and in certain hazardous waste treatment, storage, and disposal operations conducted under RCRA. The standard provided for employee protection during initial site characterization and analysis, monitoring activities, training, and emergency response.

Four major areas are under the steps of the regulation:

1. Cleanup operations at uncontrolled hazardous waste sites that have been identified for cleanup by a governmental health or environmental agency.
2. Routine operations at hazardous waste TSD (transportation, storage, and disposal) facilities or those portions of any facility regulated by 40 CFR parts 264 and 265.
3. Emergency response operations at sites where hazardous substances have or may be released.
4. Corrective actions at RCRA sites.

The regulation address three specific populations of workers at the above operations. First, it regulates hazardous substance response operations under CERCLA, including initial investigations at CERCLA sites before the presence or absence of a hazardous substance has been ascertained; corrective actions taken in cleanup operations under RCRA; and those hazardous waste operations at sites that have been designated for cleanup by state or local government authorities. The second worker population to be covered are those employees engaged in operations involving hazardous waste TSD facilities. The third employee population to be covered are those employees engaged in emergency response operations for release or substantial threat of release of hazardous substances, and post emergency response operations to such facilities.

National Institute of Occupational Safety and Health

National Institute of Occupational Safety and Health (NIOSH) recommends standards for industrial exposure that OSHA uses in its regulations. OSHA has the power to enforce all safety and health regulations and standards recommended by NIOSH. Although OSHA is in the U.S Department of Labor, NIOSH is in the U.S. Department of Health and Human Services and is an agency established to help viding research, information, education, and training in the field of occupational injury, disability, and death by gathering information, conducting scientific research, and translating the knowledge gained into products and services. NIOSH’s mission is critical to the health and safety of every American workers. NIOSH objectives include the following:

1. Conduct research to reduce work related illness and injuries
2. Promote safe and healthy workplaces through interventions, recommendations, and capacity building.
3. Enhance global workplace safety and health through international collaborations.

The NIOSH Pocket Guide may be found on‐line at: http://www.cdc.gov/niosh/npg/pgdstari.html.

It includes safety information, some chemical properties, and OSHA Permissible Exposure Limit concentrations, or PELs. The lower the permissible concentration, the greater the hazard to human health. By law, these concentration values cannot be exceeded in the workplace. Concentration measurements of these chemicals must be taken so that exposure levels are known and any documented overexposures can be addressed.

Material Safety Data Sheets

The MSDS is a document developed by chemical manufacturers. The MSDS contains safety and hazardous information, physical and chemical characteristics, and precautions on safe handling and use. It may also include hazards to animals, especially aquatic species. The manufacturer is required to keep it up to date. Any employer that purchases a chemical is required by law to make the MSDS available to employees. Development of an MSDS is required under OSHA’s Hazardous Communication Standard.

Integrated Risk Information System

IRIS is a database maintained by the USEPA. IRIS stands for Integrated Risk Information System. It is available through http://www.epa.gov/ngispgm3/iris/index.html.

IRIS is a database of human health effects that may result from exposure to various substances found in the environment.

Nanotechnology Legislation

Comment on how and to what degree new legislation and rulemaking would be necessary for environmental control/concern of nanotechnology (operators) from an OSHA perspective.

Workplace exposure to chemical substances (including nanoparticles) and the potential for pulmonary toxicity is subject to regulation by the OSHA under the OSHA Act, including the requirement that potential hazards be disclosed on MSDS. (An interesting question arises as to whether carbon nanotubes, chemically carbon but with different properties because of their small size and structure, are considered the same as or different from carbon black for MSDS purpose). Both governmental and private agencies can be expected to develop the requisite TLVs for workplace exposure (Theodore 2006).