There are several federal environmental statutes & many state laws that deal with ecological issues & the protection of employees within the working place. A chemical manufacturer is supposed to know these laws and regulations since they influence conditions of the working environment, the manufacture, importation, processing, distribution, use, and or disposal of any chemical substances that present a significant threat to human health or the environment.
In 1970 following approval by Congress, the Nixon administration passed into law the Environmental Protection Act (EPA). The Primary responsibility of the EPA was to regulate air and water quality and chemicals used commercially, to develop regulations for management & disposal of hazardous waste, and to clean up environmental contaminants.
The EPA has several federal statutes that underpin its programs and activities legally, delegating to the states the implementation and enforcement of these federal statutes.
The Occupational Safety and Health Act of 1970 was responsible for assuring the safety and healthy working conditions of employees through research, information, education, and training related to the occupational field.
The OSHA requires employers to provide each of their workers with a healthy working environment free of dangers that could lead to death or grave physical injury.
The employer should eliminate or minimize hazards if hazards exist; achieving this by providing employees with adequate safeguards and protective gear.
The Toxic Substances Control Act of 1976 authorizes control actions taken by the EPA, which are comprehensive and cover the manufacturing, use, processing, commercial distribution, and disposal of chemical substances.
These include;
- Manufacturers & processors of chemicals are required to conduct tests on existing and new naturally occurring and synthetic chemicals and to report the test results to determine the effect of potentially dangerous chemicals on living things and the environment.
- To prevents future risks through the pre-manufacture of new chemicals or uses. Manufacturers are required to give notice to the EPA at least 90 days before production or introduction of new chemical products to the country.
- The manufacturer should control the significant risks already known for existing chemical, or as they discover them for new chemical
substances.
- The manufacturer should gather and provide information about chemical substances production, use, and possible adverse effects on human health, the environment, and other things.
The EPA’s regulatory scheme of mandatory testing results in higher compliance costs; when the manufacturer requests for evaluation of specific chemicals, they pay for the associated costs as follows;
If the evaluation is has been put under the TSCA work plan, the manufacturer pays half of the cost, and if the test is not under the TSCA work plan, the manufacturer pays the total cost.
The OSH requires training of the workforce and the provision of safety gear, which are all operational costs incurred by the manufacturer.
Reference;
https://fas.org/sgp/crs/misc/RL31905.pdf
https://www.osha.gov/laws-regs/oshact/completeoshact