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Nanotechnology and the Work Health & Safety Regulatory Framework Dr Howard Morris Nanotechnology Work Health & Safety Program Manager

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Page 1: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

Nanotechnology and the Work Health & Safety Regulatory Framework

Dr Howard Morris

Nanotechnology Work Health & Safety Program Manager

Page 2: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

2Nanotechnology Work Health & Safety Symposium, 10 September 2010

Presentation Structure

• Work Health & Safety Regulatory Framework

• Application to nanotechnologies & nanomaterials

• Issues that impact on regulation

• Work to address issues – Nanotechnology Work Health & Safety Program

• Future focus

Page 3: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

3Nanotechnology Work Health & Safety Symposium, 10 September 2010

Current OHS Regulatory Framework

• OHS Acts & Regulations in Jurisdictions

• Informed by National Standards & Codes of Practices

• Supported by Guidance Material

Page 4: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

4Nanotechnology Work Health & Safety Symposium, 10 September 2010

Development of Model Work Health & Safety Act and Regulations by Safe Work Australia

Model legislation to be adopted in all jurisdictions to harmonise legislation by end Dec 2011

• Model Work Health and Safety (WHS) Act

• Model Regulations– Work Health and Safety (Hazardous Chemicals)

Regulations

• Codes of Practice

• Guidance Material

Page 5: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

5Nanotechnology Work Health & Safety Symposium, 10 September 2010

Work Health and Safety (Hazardous Chemicals) Regulations

• Combine regulation of hazardous substances & dangerous goods as hazardous chemicals

• Implements the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in Australia

– Single internationally agreed system of classification and labelling of chemicals

– Includes harmonised classification criteria for physical hazards, health hazards, environmental hazards

Page 6: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

6Nanotechnology Work Health & Safety Symposium, 10 September 2010

Application of work health and safety regulatory framework to nanotechnologies

• Nanotechnologies & engineered nanomaterials regulated under – work health and safety regulations generally

– regulations for hazardous chemicals

– in both current framework & model regulations

• Issues are being addressed to help ensure effective regulation of engineered nanomaterials

– Nanotechnology Work Health & Safety Program

Page 7: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

7Nanotechnology Work Health & Safety Symposium, 10 September 2010

Application of precautionary approach to nanotechnologies

• Where understanding of hazards is limited, Safe Work Australia is advocating a precautionary approach be taken to controlling exposures to engineered nanomaterials

• Advice to Australian nanotechnology organisations is:– to use the best practicable means of preventing or

minimising workplace exposures to engineered nanomaterials

Page 8: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

8Nanotechnology Work Health & Safety Symposium, 10 September 2010

Designing workplace controls

• As for other chemicals,

Apply the hierarchy of controls

– aim to use approaches as high as possible in the hierarchy

– in practice a combination of approaches will work best

Elimination

Substitution/modification

Process enclosure

Local exhaust ventilation

Administrative approaches

Personal Protective Equipment

Page 9: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

9Nanotechnology Work Health & Safety Symposium, 10 September 2010

Safe Work Australia’s Nanotechnology Work Health & Safety Program• Supported by funding under National Enabling Technologies

Strategy

• Focus areas

– Nanotechnologies & Work Health & Safety Regulatory Framework

– Understanding the hazardous properties of engineered nanomaterials

– Evaluating the effectiveness of workplace controls

– Emissions and exposure measurement capability

– Information & guidance for Australian nanotechnology organisations

– Participating in international initiatives & ensuring consistency with international approaches

Page 10: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

10Nanotechnology Work Health & Safety Symposium, 10 September 2010

Safe Work Australia’s national stakeholder groups

• Nanotechnology Work Health & Safety Advisory Group– Works to promote a coordinated national

approach to the management of nanotechnology work health & safety issues

• Nanotechnology Work Health & Safety Measurement Reference Group

– Works to develop nanomaterial exposure and emissions measurement capability

Page 11: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

11Nanotechnology Work Health & Safety Symposium, 10 September 2010

Nanotechnology Work Health & Safety Program – Published research reports

Page 12: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

12Nanotechnology Work Health & Safety Symposium, 10 September 2010

Commissioned Project Organisation

Examination of laser printer emissions Queensland University of Technology/WHSQ

Review of physicochemical (safety) hazards Toxikos

Experimental research into durability & potential lung inflammation of carbon nanotubes

CSIRO/UK IOM/ Edinburgh University

Assessment of measurement techniques for different types of engineered nanomaterials & measurement of exposures in workplace settings

Queensland University of Technology/WHSQ

Nanotechnology Work Health & Safety Program – Current research projects

Page 13: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

13Nanotechnology Work Health & Safety Symposium, 10 September 2010

Safe Work Australia’s participation in national nanotechnology forums

• Federal forums convened by DIISR– Nanotechnology Health, Safety & Environment

Working Group

– NETS Communications Group

• Standards Australia Nanotechnology Committee– Health, Safety & Environment sub-committee

Page 14: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

14Nanotechnology Work Health & Safety Symposium, 10 September 2010

Safe Work Australia’s participation in international nanotechnology forums

• ISO Nanotechnology Technical Committee Working Group 3 and project groups

• OECD WPMN SG8 – Nanomaterial Exposure Measurement & Mitigation

• UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

• Liaison with key international partners

Page 15: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

15Nanotechnology Work Health & Safety Symposium, 10 September 2010

Application of research findings to address nanotechnology issues

• Informing Regulation

– Classification of carbon nanotubes (NICNAS)

• Informing Codes of Practice

– Preparation of Safety Data Sheets & Workplace Labelling

• Informing Guidance

– Work health and safety assessment tool for engineered nanomaterials

– Guidance for safe handling and disposal of carbon nanotubes (CSIRO) & engineered nanomaterials generally

Page 16: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

16Nanotechnology Work Health & Safety Symposium, 10 September 2010

Informing National Codes of Practice for Safety Data Sheets and Workplace Labelling

• SDS and Labels must be provided if chemical classified as hazardous

• Many engineered nanomaterials are not currently classified as hazardous

– Not mandatory to prepare an SDS or include information on labels

• Safe Work Australia

– supports a precautionary approach to handling engineered nanomaterials

– and the need to provide information for people handling nanomaterials when it is suspected they might be hazardous

Page 17: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

17Nanotechnology Work Health & Safety Symposium, 10 September 2010

Informing National Codes of Practice for Safety Data Sheets and Labelling

• Text proposed for inclusion in the Codes of Practice for SDS & Labels.

• When is it necessary to prepare a Safety Data Sheet or provide a label?

– Recommends SDS/label should be provided where information about hazardous properties is being generated

– The SDS/label should reflect current state of knowledge

– For engineered or manufactured nanomaterials it is recommended that SDS/label be provided unless evidence they are not hazardous

Page 18: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

18Nanotechnology Work Health & Safety Symposium, 10 September 2010

Information in Safety Data Sheets

• Proposal for SDS Code of Practice

• Under Physical and Chemical Properties - additional non- mandatory parameters:

– Particle size (average and range)

– Size distribution

– Shape and aspect ratio

– Crystallinity

– Dustiness

– Surface Area

– Degree of aggregation or agglomeration, and dispersibility

– Biodurability or biopersistence

– Surface coating or chemistry (if different to rest of particle)

Page 19: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

19Nanotechnology Work Health & Safety Symposium, 10 September 2010

International engagement on Safety Data Sheets

• Work informed by ISO project on Preparation of safety data sheets for manufactured nanomaterials

– Australia contributing to project

• Australian proposal reported to UN Sub- Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals

– Paper presented to December 2009 meeting

– Further progress will be reported in paper to December 2010 meeting

Page 20: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

20Nanotechnology Work Health & Safety Symposium, 10 September 2010

A Precautionary Approach to Control – Using Benchmark Exposure Levels to develop guidance

Approach

• Define aim maximum airborne concentration levels

– Benchmark Exposure Levels (BELs)

– For groups of nanomaterials

• Use BELs to determine workplace controls needed, as basis of guidance

– For different nanomaterial groups

– And various processes

Page 21: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

21Nanotechnology Work Health & Safety Symposium, 10 September 2010

Why utilise Benchmark Exposure Levels (BELs)?

• Australian National Exposure Standards (NES)

– from human health effects data and results of animal studies

• There is some toxicological evidence for a limited number of engineered nanomaterials:

– very few long term, repeat dose, chronic health studies in animals

• Limited evidence currently available to derive National Exposure Standards

• Therefore develop BELs

– to support a precautionary approach to control

Nanoscale Material

National Exposure Standard

(TWA)

Carbon black

3mg/m3

Fumed silica

2mg/m3

HSIS, Safe Work Australia, 2010

Page 22: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

22Nanotechnology Work Health & Safety Symposium, 10 September 2010

About Benchmark Exposure Levels

• Intended to be precautionary & pragmatic guidance levels

• Possible groups

– Insoluble or partially soluble fibrous nanomaterials

– Nanomaterials classified as carcinogenic, mutagenic, asthmagenic or reproductive toxins

– Insoluble or partially soluble nanomaterials

– Soluble nanomaterials

• Basis of measurement

– OECD Emission Assessment Guidance

– To be informed/modified by QUT/WHSQ evaluation

Page 23: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

23Nanotechnology Work Health & Safety Symposium, 10 September 2010

Possible Benchmark Exposure Levels & recommended controls for insoluble particulate nanomaterials

BEL Data & Basis Control approach to meet BELs

Emissions/exposure data for nanotechnology processes

If NES exists for macroform:For respirable NES:BEL=0.1*NES

For inspirable NES:BEL=0.03*NES

Thus, TiO2 BEL of 0.3mg/m3

If no NES for macroform:BEL=0.3 mg/m3

(respirable)

NIOSH toxicity data for ultrafine & fine TiO2

ACGIH relationship between respirable & inspirable TLVs

Australian NES (inspirable) for TiO2 is 10mg/m3

0.1*ACGIH TLV for respirable PNOS of 3 mg/m3

For potentially higher emissions process:Local exhaust ventilation (LEV) or fume hoods

Fume hood with extractionDemou et al (2009)Airborne level = 0.037mg/m3

LEV McGarry et al (2010)Emissions < 0.1mg/m3

Page 24: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

24Nanotechnology Work Health & Safety Symposium, 10 September 2010

Some planned projects for 2010/11

Nanomaterials exposure & emissions measurementDissemination of emissions & exposure measurement procedureDevelop guidance on nanotechnologies & regulatory frameworkUpdate to review of toxicology & health hazardsDevelop guidance on safe handling & disposal of nanomaterials

Page 25: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

25Nanotechnology Work Health & Safety Symposium, 10 September 2010

Summary

• Nanotechnologies & engineered nanomaterials regulated under – work health and safety regulations generally

– regulations for hazardous chemicals

– in both current framework & model regulations

• Issues are being addressed to help ensure the effective regulation of engineered nanomaterials– through the Nanotechnology Work Health & Safety

Program

Page 26: Nanotechnology and the Work Health & Safety Regulatory ... · Presentation Structure • ... hazards, health hazards, environmental hazards. Nanotechnology Work Health & Safety

26Nanotechnology Work Health & Safety Symposium, 10 September 2010

Further Information

• Website: www.safeworkaustralia.gov.au