Toxic Tort ALERT: Research of Nanotechnology & OSHA PELs Continues
Nanotechnology is the use of matter that has a dimension of less than 100 nanometers (or one billionth of a meter.) A nanometer is 100,000 times thinner than a strand of hair. Due to the unique properties of material reduced to the size of nanometers, nanotechnology is used in a vast amount of products. Increased attention is being paid by the federal government with regard to the possible health effects of nanotechnology.
The use of graphite reduced to the nano level (called carbon nanotubes) is one of the most common uses of nanotechnology. The popularity is due, in part, to the inherent strength, flexibility and heat resistance of the material. The National Institute for Occupational Safety and Health (NIOSH) announced this year that it will "develop appropriate communication documents, such as an Alert and/or Current Intelligence Bulletin, which will convey the potential health risks and recommend measures for the safe handling of [carbon nanotubes.]" 74 F.R. 15985-01.
The use of nano materials may impact Occupational Safety and Health Administration (OSHA) permissible exposure limits (PEL). NIOSH is evaluating whether the PEL for a given material is an appropriate exposure limit for the same material in the nano form. For example, OSHA will consider whether the PEL for graphite is an appropriate exposure limit for carbon nanotubes. NIOSH's findings and OSHA's possible regulations will be of great interest to the business and possibly legal communities.
James J.A. Mulhall
Chase Tower - Sixth Floor
229 West Main Street
Clarksburg, WV 26301
304.624.8164
james.mulhall@steptoe-johnson.com
This alert is a periodic publication of Steptoe & Johnson PLLC and should not be construed or relied upon as legal advice or legal opinion on any matter. The content is intended for general information purposes only. You should consult with your own lawyer for legal advice or a legal opinion on the specific facts and circumstances of your own situation. For further information about this alert, please contact Steptoe & Johnson PLLC.