After the law is official, how is it put into practice? Laws often do not include the details for compliance. For example, the USC requires the appropriate respirator protection, but it does not specify the detailed types or limitations of respirators. To make the laws work on a day-to- day level, Congress authorizes governmental organizations, including the EPA and OSHA, to create regulations and/or standards.
Regulations set specific rules about what is legal and what is not legal. For example, a reg- ulation relevant to the Clean Air Act will specify levels of specific toxic chemicals that are safe, quantities of the toxic chemicals that are legally emitted into the air, and what penalties are given if the legal limits are exceeded. After the regulation is in effect, the EPA has the respon- sibility (1) to help citizens comply with the law and (2) to enforce the regulation.
3-1 Government Regulations 65
The process for creating a regulation andlor standard has two steps:
Step 1: The authorized organization or agency decides when a regulation is needed. The organization then researches, develops, and proposes a regulation. The proposal is listed in the Federal Register (FR) so that the public can evaluate it and send com- ments to the organization. These comments are used to revise the regulation.
Step 2: After a regulation is rewritten, it is posted in the Federal Register as a final rule, and it is simultaneously codified by publishing it in the Code of Federal Regulations (CFR).
In 1970 the US Congress enacted a health and safety law that continues to have a signifi- cant impact on the practices of industrial hygiene in the chemical industry: the Occupational Safety and Health Act of 1970 (OSHAct). To appreciate the significance of the OSHAct, it is helpful to review regulations and practices2 before 1970.
Before 1936 regulations concerning occupational health were poorly administered by state and local governmental agencies. During this era, staffs and funds were too small to carry out effective programs. In 1936 the federal government enacted the Walsh-Healy Act to estab- lish federal safety and health standards for activities relating to federal contracts. This 1936 act also initiated significant research related to the cause, recognition, and control of occupational disease. The concepts promulgated by the Walsh-Healy Act, although not adequate by today's standards, were the forerunners of our current occupational health and safety regulations.
Between 1936 and 1970 a number of states enacted their own safety and health regulations.
Although some progress was made, these regulations were never sufficiently supported to carry out a satisfactory program. This produced relatively inconsistent and ineffective results.
The OSHAct of 1970 was developed to solve these problems and to give a nationally con- sistent program with the funding necessary to manage it effectively. This act defined clear pro- cedures for establishing regulations, conducting investigations for compliance, and developing and maintaining safety and health records.
As a result of the OSHAct, sufficient funding was committed to create and support the Occupational Safety and Health Administration (OSHA), which manages and administers the government's responsibilities specified in the OSHAct, and the National Institute for Occupa- tional Safety and Health (NIOSH), which conducts research and technical assistance programs for improving the protection and maintenance of workers' health. Examples of NIOSH respon- sibilities include (1) measuring health effects of exposure in the work environment, (2) develop- ing criteria for handling toxic materials, (3) establishing safe levels of exposure, and (4) training professionals for administering the programs of the act.
' NIOSH develops data and information regarding hazards, and OSHA uses these data to promulgate standards. Some laws and regulations particularly relevant to the chemical indus- 2J. B. Olishifski, ed., Fundamentals of Industrial Hygiene, 2d ed. (Chicago: National Safety Council, 1979), pp. 758-777.
66 Chapter 3 Industrial Hygiene
Table 3-1 A Few Laws (USC) and Regulations (CFR)
Number Description
29 USC 651 42 USC 7401 33 USC 1251 42 USC 7401 15 USC 2601 42 USC 300f 40 CFR 280.20 40 CFR 370.30 29 CFR 1910.120 29 CFR 1910.1450 40 CFR 370.20 - 29 CFR 1910.119 40 CFR 68.65 29 CFR 1910.134
Occupational Safety and Health Act (1970) Clean Air Act (1970)
Clean Water Act (1977)
Clean Air Act Amendments (1990) Toxic Substances Control Act I1 (1992) Safe Drinking Water Act Amendment (1996) Underground Storage Tank Leak Tests (1988) Annual Toxic Release Report, SARA 313 (1989)
Training, Hazardous Materials Technician, HAZMAT (1989) Exposure to Hazardous Chemicals in Laboratories (1990) Annual Inventory of Hazardous Chemicals, SARA 311 (1991) Process Safety Management (1992)
Risk Management Program (1996) Respirator Program (1998)
try are shown in Table 3-1. As illustrated in this table, the distinction between laws (USC) and regulations (CFR) is global versus detail.
The OSHAct makes employers responsible for providing safe and healthy working con- ditions for their employees. OSHA is authorized, however, to conduct inspections, and when violations of the safety and health standards are found, they can issue citations and financial penalties. Highlights of OSHA enforcement rights are illustrated in Table 3-2.
The implications, interpretations, and applications of the OSHAct will continue to de- velop as standards are promulgated. Especially within the chemical industry, these standards will continue to create an environment for improving process designs and process conditions relevant to the safety and health of workers and the surrounding communities.
Government regulation will continue to be a significant part of the practice of chemical process safety. Since the OSHAct was signed into law, substantial new legislation controlling the workplace and community environment has been enacted. Table 3-3 provides a summary of
Table 3-2 Highlights of OSHA's Right of Enforcement
Employers must admit OSHA compliance officers into their plant sites for safety inspections with no advance notice. A search warrant may be required to show probable cause.
OSHA's right of inspection includes safety and health records.
Criminal penalties can be invoked.
OSHA officers finding conditions of imminent danger may request plant shutdowns.
3-1 Government Regulations 67
Table 3-3 Federal Legislation Relevant to Chemical Process Safety1
Date Abbreviation Act
RHA FDCA FIFRA DCA FWPCA FFA AE A FWA FHSA SWDA MNMSA NEPA I'MHSA
"AA I'PPA WQI RSA RRA OSHA NCA FEPCA IlMTA CPSA MPRSA CWA CZMA ES A SDWA TSA ESECA TSCA RCR A FMSHA SMCRA UMTCA PTSA CERCLA HSWA AHERA SARA EPCRA TSCA
River and Harbor Act
Federal Food, Drug, and Cosmetic Act
Federal Insecticide, Fungicide, and Rodenticide Act Dangerous Cargo Act
Federal Water Pollution Control Act Flammable Fabrics Act
Atomic Energy Act
Fish and Wildlife Act of 1956
Federal Hazardous Substances Labeling Act Solid Waste Disposal Act
Metal and Non-Metallic Mine Safety Act ' National Environmental Policy Act
Federal Coal Mine Health and Safety Act Clean Air Act
Poison Prevention Packaging Act of 1970 Water Quality Improvement Act of 1970 Federal Railroad Safety Act of 1970 Resource Recovery Act of 1970 Occupational Safety and Health Act Noise Control Act of 1972
Federal Environmental Pollution Control Act Hazardous Materials Transportation Act Consumer Product Safety Act
Marine Protection, Research, and Sanctuary Act of 1972 Clean Water Act
Coastal Zone Management Act Endangered Species Act of 1973 Safe Drinking Water Act
Transportation Safety Act of 1974
Energy Supply and Environmental Coordination Act Toxic Substances Control Act
Resource Conservation and Recovery Act Federal Mine Safety and Health Act Surface Mine Control and Reclamation Act Uranium Mill Tailings Control Act Port and Tanker Safety Act
Comprehensive Environmental Response, Compensation, and Liabil- ity Act of 1980 (Superfund)
Hazardous and Solid Waste Amendments Asbestos Hazard Emergency Response Act Superfund Amendments and Reauthorization Act Emergency Planning and Community Right-to-Know Act Toxic Substances Control Act
(continued)
68 Chapter 3 Industrial Hygiene
Table 3-3 (continued)
Date Abbreviation Act
WQA OPA CAAA PPA TSCA-TI
-
NEPA HMTAA SDWA FQPA
Water Quality Act Oil Pollution Act of 1990 Clean Air Act Amendments Pollution Prevention Act of 1990
Residential Lead-Based Paint Hazard Abatement Act Federal Facility Compliance Act
National Environmental Policy Act
Hazardous Materials Transportation Act Amendments Safe Drinking Water Act Amendment
Food Quality Protection Act
lInformation from the EPA and OSHA web sites: www.epa.gov/epuhome and www.osha-slc.gov/oshsrrl-toclosha-std-toc . html.
relevant safety legislation, and Figure 3-1 shows how the amount of legislation has increased. A description of this legislation is well beyond the scope and goals of this textbook. However, it is important that chemical engineers be aware of the law to ensure that their facilities comply.