Manufactured Nanomaterials: Avoiding TSCA and OSHA Violations for Potentially Hazardous Substances

Abstract

Public and private spending on nanotechnology research and development continues to increase. At the same time, government agencies around the world are spending millions to assess the potential risks to nanotechnology workers, the public, and the environment. However, innovative and opportunistic manufacturers are not waiting for test results before forging ahead. This Note focuses on the obligation of such manufacturers under the Toxic Substances Control Act (TSCA) to report and/or test nanomaterials for their effects on health, safety, and the environment prior to their release into the stream of commerce. In addition, this Note addresses the duty of manufacturers to protect workers from recognized hazards under the Occupational Safety and Health Act of 1970 (OSH Act).