In the United States, regulatory agencies play a critical role in evaluating chemical safety to protect public health, the environment, and workers. These agencies must work together to share knowledge and create a systematic approach to chemical safety. This cooperation is vital due to chemicals’ transboundary nature, as they can move through air, water, and products, affecting regions and populations beyond where they are produced or used. Key agencies involved in chemical regulation and safety assessment include:
- Environmental Protection Agency (EPA). The EPA is a pivotal agency that ensures chemicals are safe for use in the environment. Through the Toxic Substances Control Act (TSCA), the EPA is authorized to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures.
- Food and Drug Administration (FDA). The FDA is responsible for protecting public health by ensuring the safety and efficacy of drugs, biological products, medical devices, and the nation’s food supply, cosmetics, and products that emit radiation. The FDA is also charged with the safety regulation of chemicals in food, cosmetics, and dietary supplements.
- Occupational Safety and Health Administration (OSHA). OSHA is charged with assuring safe and healthful working conditions by setting and enforcing standards and mandating minimum standards on training, outreach, education, and assistance. OSHA regulates the exposure to hazardous chemicals in the workplace.
- Consumer Product Safety Commission (CPSC). The CPSC promotes the safety of consumer products by addressing and warning of “unreasonable risks” of injury to consumers of products; developing uniform safety standards; and conducting research into product-related illnesses and injuries.
- Agency for Toxic Substances and Disease Registry (ATSDR). Part of the department of Health and Human Services, the ATSDR is tasked with assessing the presence and nature of health hazards at specific Superfund sites, helping to prevent or reduce further exposure and illnesses that result from such exposures.
- Department of Transportation (DOT). The United States DOT regulates the transportation of hazardous materials, including chemicals, ensuring safe packaging and handling to prevent spills and accidents during transport. Note, this is distinct from Texas Department of Transportation, which may have overlapping regulations, perhaps additional regulations, but TxDOT may never contradict or supersede Federal regulations promulgated by USDOT.
- National Institute for Occupational Safety and Health (NIOSH). Part of the CDC, NIOSH conducts research and makes recommendations for the prevention of work-related illnesses and injuries, including those involving chemical exposures.
Generally, these agencies conduct risk assessments, data collection, regulation and enforcement, research and development, and public education as it relates to chemical exposure and it associated hazards to human health. For example, in the event of an unplanned chemical release and fire at a chemical plant, like those in the Port of Houston, more than one federal agency may conduct an investigation to gather information and issue reports.
If you or someone you know has been affected by a chemical exposure, whether it by fire, inhalation, or direct exposure, it is imperative that you hire a personal injury lawyer that has experience in working with federal agencies and the variety of reports that are generated following a chemical release, fire or explosion. For a free consultation, please contact the law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or 1-800-870-9584.