1. Future of Chemical Safety
Manuel R. Gomez, DrPH, MS, CIH
Director of Recommendations
U.S. Chemical Safety Board
ACS Annual Conference, Washington, DC
August 30, 2005
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2. Disclaimer
This presentation by Manuel R. Gomez of the
United States Chemical Safety and Hazard
Investigation Board (CSB) on August 30, 2005 to
the American Chemical Society’s Annual
Conference has not been approved by the Board
and is given for general informational purposes
only. Any material in the presentation that did not
originate in Board-approved reports is solely the
responsibility of the author and does not represent
the official views of the Chemical Safety Board.
Copies of all CSB reports can be found at
www.csb.gov
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3. Session Outline
• CSB History, Description and
Mission
• Chemical Safety
– Brief look at recent past
– Likely future drivers
– Wild Cards
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4. CSB Overview
• Created By 1990 Clean Air Act
Amendments:
– After catastrophic industrial
accidents in mid-late 1980s (Bhopal)
• Also created:
– OSHA Process Safety Management (1992)
– EPA Risk Management Program (1996)
• Independent agency
• Modeled after NTSB
• Presidentially-appointed Board (5)
• Funded 1998, $9M budget, 45 staff
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5. CSB Overview
Mission
• To promote prevention of industrial chemical accidents
that harm employees, damage the environment and
endanger the public
Focus of Activity
• Conduct Investigations
• Determine Root/Contributing Cause(s)
• Issue Prevention Recommendations to many parties
Impact
• Not a regulatory or enforcement agency
• Influence broad adoption of recommendations to
prevent recurrences
More information: www.csb.gov
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6. Chemical Safety
Recent Past
• 1970s & mid-80s
– Environmental/occupational laws & regs
– Vigorous chemical safety activity
– EPA, OSHA, NIOSH in world lead
• Mid-80s to today
– Anti-regulatory climate
– Judicial challenges
– US now lagging
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7. Example
TSCA: Losing Steam?
• Adequate data ….developed …..[re] effect of chemical
substances and mixtures on health and the environment and
….and development ….should be the responsibility of those
who manufacture and those who process such chemical
substances and mixtures;
• Adequate authority should exist to regulate chemical
substances and mixtures which present an unreasonable risk
of injury to health or the environment, and to take action
with respect to chemical substances and mixtures which are
imminent hazards;
• Authority….exercised….as not to impede unduly or create
unnecessary economic barriers to technological innovation
while fulfilling the primary purpose of this chapter to assure
that …substances and mixtures do not present an
unreasonable risk of injury to health or the environment. 7
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8. Example
TSCA: Losing Steam
• Toxic Substances Control Act (1976)
– Very little impact on existing chemicals
(99% of total chemical use by volume)
– Very few test rules for chemicals
– Precedent from legal challenges: EPA
has to “prove guilty” to act
– Bottom line: Little progress in
knowledge re toxicity or exposures to
most chemicals in 30 years.
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9. Future Chemical Safety
What Are the Likely Drivers?
• Reach Legislation in EU
• Management system standards
• Corporate social responsibility standards
• Globally Harmonized System
• High Production Volume Challenge
• Others:
– Precautionary Principle
– Workplace risk assessment protocols (EU)
– Control Banding (UK and EU?)
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10. REACH
• R egistration
– Applies to all chemicals > 1Mton
– Test & risk data according to volume
– Use & exposure information required
• E valuation
– Recipient develops risk assessment &
risk management
• A uthorization
– New EU-wide agency reviews data
– May impose risk management
requirements, even ban
• Of CHEMICALS
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11. REACH
Implications
• Shifts burden to producers/importers
• Comprehensive: Applies to all chemicals,
“old” and new
• Affects entire product chain: addresses
uses and exposures
• Can result in bans
• Will affect chemical industry worldwide
• It’s very likely to really happen.
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12. MANAGEMENT SYSTEMS
• Origin: ISO quality standards
• Followed by environmental &
occupational health and safety
standards (some ISO)
• Based on Plan-Do-Check-Act Model
&
• Heavy emphasis on continual
improvement, not “compliance”
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13. MANAGEMENT SYSTEMS
• Impact: 3rd party audit systems for
registration/certification
• Huge market demand in Europe &
Asia
• US lags but may be forced to catch
up
– Responsible Care & US auto industry
using model !
• Growing evidence of improved
performance, but jury still out
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14. CORPORATE SOCIAL
RESPONSIBILITY STANDARDS
• Thousands of reports on web
• ISO developing a guideline
• Information disclosure, performance
metrics are central tenets
• Chemical performance will be
prominent
• Passing fad, PR, or real impact?
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15. Globally Harmonized System
• Basically a harmonized MSDS approach
• Main impetus European
• European parliament law this year?
– US when?
• Real Goal: To help market for
chemicals (one MSDS,
accepted/understood by all)
• Prelude/example of other European-led
harmonization?
• Example of growing strategic use of
standardization by Europeans?
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16. High Production Volume
Challenge--Summary
• Triggered by 1998 NGO report (ED)
• Joint industry-EPA effort
• Develop basic hazard data for high
volume chemicals (>1M lbs/yr)
– SIDS data (OECD’s Screening
Information Data Set)
• Not enough for full risk assessment
• No exposure or use data required
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17. High Production Volume
Challenge--Current Status
• Much info available, but highly technical
• Online user-friendly HPVIS in late 2005?
• Many new “orphan” HPV chemicals
since 1990
• EPA prioritizing chemicals for more
data and risk assessments (when?)
• Any “sleeper” asbestos among them?
• What will be reaction of stakeholders
(communities, workers, consumers)?
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18. OTHER TRENDS
• Precautionary principle
– Europe: Weight of evidence & prevention
– US:
Need to prove “guilty” precedents
Legalistic
Piecemeal analysis
• Risk Assessment protocols for
workplace (EU Commission)
• Control Banding in workplace (UK,
EU trend?)
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19. WILD CARDS
• Catastrophes (Bhopal, Cuyahoga River &
EPA, Gualey Bridge disaster and silicosis
compensation, Farmington mine explosion
& MSHA, etc.)
• Terrorism Threat
– Creating focus on chemical safety
– Some legislative debate already
– Can “security” trigger process safety &
prevention goals?
• Liability
• Ripple effect of European trends?
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20. SOME SOURCES OF INFO
• Text of Reach & other:
http://europa.eu.int/commk/environment/che
micals/reach.htm
• EPA information:
http://www.epa.gov/chemrtk/volchall.htm
Chemical Right-to-Know Initiative
• Review & Commentary:
www.chemicalspolicy.org
• American Chemistry Council: www.american
chemistry.com
• European chemical industry: www.cefic.be
• OECD: www.oecd.org
• Environmental Defense (see Chemical
Tracker):
www.environmentaldefense.org/home.cfm
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21. Thank You
For more information about CSB:
manuel.gomez@csb.gov
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