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NIOSH Seeks Comment on Proposed Survey of Engineered Nanomaterial OSH Practices

The National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice on February 10, 2017, inviting comment on a proposed information collection plan, “Survey of Engineered Nanomaterial Occupational Safety and Health (OSH) Practices.”  The goal of the project is to assess the relevance and impact of NIOSH’s contribution to guidelines and risk mitigation practices for safe handling of engineered nanomaterials in the workplace.  The intended use of the data is to inform NIOSH’s research agenda to enhance its relevance and impact on worker safety and health in the context of engineered nanomaterials.  NIOSH states that it will survey companies who manufacture, distribute, fabricate, formulate, use, or provide services related to engineered nanomaterials.  After analysis, NIOSH will use the information to develop a final report.  This project will also help evaluate the influence of NIOSH products, services, and outputs on industry OSH practices.  Under this project, NIOSH will conduct the following activities and data collections:

(1) Company pre-calls.  Sampled companies will be contacted to identify the person who will complete the survey and to ascertain whether or not the company handles engineered nanomaterials; and

(2) Survey.  A web-based questionnaire, with a mail option, will be administered to companies.  The purpose of the survey is to learn directly from companies about their use of NIOSH materials and their OSH practices concerning engineered nanomaterials.

NIOSH would compile a sample of 600 companies from lists of industry associations, research reports, marketing databases, and web-based searches.  Of the 600 selected companies, NIOSH states that it anticipates that 500 will complete the survey.  NIOSH expects the company pre-call to require five minutes to complete, and the survey to require 20 minutes to complete, including the time it may take respondents to look-up and retrieve needed information.  NIOSH invites comment on:

  • Whether the proposed collection of information is necessary for the proper performance of the functions of NIOSH, including whether the information shall have practical utility;

  • The accuracy of NIOSH’s estimate of the burden of the proposed collection of information;

  • Ways to enhance the quality, utility, and clarity of the information to be collected;

  • Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

  • Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.

Comments are due April 11, 2017.

©2017 Bergeson & Campbell, P.C.

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About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy...

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Carla Hutton, Bergeson Campbell PC, global regulatory attorney, public health activists lawyer, metals industry legal counsel, Toxic Substances Control Act law
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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