August 10, 2022

Volume XII, Number 222

Advertisement
Advertisement

August 10, 2022

Subscribe to Latest Legal News and Analysis

August 09, 2022

Subscribe to Latest Legal News and Analysis

August 08, 2022

Subscribe to Latest Legal News and Analysis

OSHA’s Proposed Updates to Hazard Communication Standard Will Include Particle Characteristics

The Occupational Safety and Health Administration (OSHA) is scheduled to publish a notice of proposed rulemaking (NPRM) on February 16, 2021, that would modify the Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Revision 7 “to address issues that arose during the implementation of the 2012 update to the HCS, and provide better alignment with other U.S. agencies and international trading partners, without lowering overall protections of the standard.”  The NPRM notes that “the change in section 9 (physical characteristics to include particle characteristics) will identify exposure issues that are not addressed by the current format.”  According to the NPRM, “[t]his should, among other things, improve the hazard information required for nanomaterials.”

The NPRM states that in addition to directly enhancing worker protections through improved hazard communication, updating the HCS will also improve the availability of information to support larger efforts to address workplace hazards such as the use of aggregate exposures and cumulative risk models for use in setting occupational exposure limits and assessing impacts on worker health.  The NPRM uses the increased use of nanosilver in consumer products as a “real-world example of the potential effects of aggregate exposure.”  The NPRM cites a 2018 National Institute for Occupational Safety and Health (NIOSH) review of nanosilver and states that the review “indicates that the current OSHA [permissible exposure limit (PEL)] for silver is adequate to protect workers from silver’s adverse health effects.”  The NPRM claims that the increased presence of nanosilver in consumer products, as well as the increased environmental exposures from the manufacture, use, and disposal of these consumer products, “indicates that the OSHA PEL may be inadequate to protect workers if nanosilver continues to be added to new consumer products.”  According to the NPRM, “[t]his example highlights the importance of an effective overarching hazard communication strategy in understanding and managing exposures and risk.”

Comments on the NPRM, including requests for hearing, will be due 60 days after publication in the Federal Register.  OSHA states that it will schedule an informal public hearing on the NPRM if a request is made during the comment period.  If a hearing is requested, OSHA will announce the details in the Federal Register.

 

©2022 Bergeson & Campbell, P.C.National Law Review, Volume XI, Number 42
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

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

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 process allows her to develop client-focused strategies whether...

202-557-3801
Carla Hutto, Bergeson Campbell PC environmental law regulatory analyst,Toxic Substances Control Act law attorney
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...

202-557-3809
Advertisement
Advertisement
Advertisement