By Small Times contributing editor Pam J. Roth O’Mara
August 8, 2007 — The Colorado Nanotechnology Alliance (CNA) is “taking a proactive role in educating our companies, universities, labs, and citizens on EH&S [environmental health and safety] questions, concerns, issues, and potential regulatory initiatives by nanoparticles in the workplace and environment,” says CNA executive director Debbie Woodward.
Woodward’s point is illustrated by the CNA’s sponsorship of an event, Nanotechnology Monitoring in Occupational Environments and EHS Updates, held July 31 in Denver. The event featured presentations by Greg Olson, health and safety instruments product manager for TSI USA Inc.; Mark Savit and Carolyn McIntosh, partners at Patton Boggs LLC; and Don Ewert, who serves both as EH&S manager for NanoProducts Corp. and as AIHA (American Industrial Hygeine Association) Nanotechnology Working Group secretary.
TSI’s Olson says, “there is much to be learned about the health risks [of nanomaterials]. But don’t stop [because of that].” He recommends that risk managers use tested standardized environmental methods and procedures, and “go back to basics known for evaluating a workspace and/or job types.” He pointed to organizations including the U.S. Center for Disease Control’s National Institute for Occupational Safety and Health(NIOSH), Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency (EPA) to lead the way in developing environmental standards, methods, and procedures.
The interactive nature of the presentations allowed open and sometimes heated discussion of topics such as standards development. Issues involving nanomaterials monitoring standards development mirror the concerns of standards development in any arena. The discussion touched on whether to establish standards at all given potential liability for those developed prematurely — particularly by self-monitored organizations that use standards to exclude competitors that cannot afford to meet them.
Patton Boggs’ Savit, speaking about OSHA’s involvement, opened a discussion on record keeping, and raised the question of whether or not workers’ compensation will cover problems not foreseen. When it comes to documenting an environment, particularly one that is potentially hazardous, the consensus was that “no good deed goes unpunished,” referring to when documents are used later against an originating organization trying to do the right thing. Just how liability limitation issues will play out through a combination of regulation and litigation remains to be seen.
“The government is here to help,” said attendee Yvonne Boudreau, an epidemiologist in Denver’s recently opened NIOSH office. NIOSH offers free evaluation services to organizations producing or using nanotechnology. With its finite resources, NIOSH may not be able to fulfill all requests, “But at least the service exists,” said Boudreau.
According to NanoProducts’ Donald Ewert, a long-time industrial hygienist, the National Center for Manufacturing Sciences says that “within the next three years, 58% of all manufacturers will have some form of nanomanufactured product available in the market.” Ewert asserts that any nanotechnology organization without a risk manager on staff or under contract should get out of the business and, agreeing with Greg Olson, recommends that managers return to their roots for guidance on how to approach the topic.
“To minimize potential exposures to unbound nanoparticles, historically validated pharmaceutical control methods such as process safety, chemical hygiene, product stewardship, and control banding are available and effective. Thus manufacturers and public health professionals who are familiar with and apply these techniques can generally assure an anxious public that nano risks are manageable, health and safety considerations are defined, and controls have been implemented.”
Patton Boggs’ McIntosh pointed to the Nano Risk Framework initiative by DuPont and Environmental Defense, which sets forth guidelines for approaching risk evaluation. She also referred to the EPA’s stewardship program for nanoscale materials and noted that it will be interesting to watch the process of how “new chemical” and “new use” of a chemical will be defined.
The general consensus among event participants is that nanomaterials risk is a concern. What remains to be seen — and will be discovered on a case-by-case basis — is whether hazards exist and, if so, how to contain them.