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HEALTH AND SAFETY NEWS

JUNE 2008


Nanotechnology - Benefits and Risks

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IN THIS ISSUE


WELCOME


David Skews (CEO)

The wonders of modern technology have brought many benefits to humanity, but can also bring new hazards for people and the environment.

This is particularly true when technologies are still in their infancy, when risks are increased due to greater uncertainty. Genetically Modified (GM) crops is an example that has received much media coverage as the potential benefits and hazards are vigorously debated.

Another technology, that is equally contentious, though it has received less media coverage, is Nanotechnology. It is difficult to comprehend the potential it has to impact and revolutionise almost every aspect of life. It is equally difficult to envisage the possible risks it might bring.

Nevertheless, the application of this technology is growing rapidly and everyone will be impacted by it. For this reason we have to consider seriously the health and safety implications for organisations and businesses.


David Skews, (CEO)

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NANOTECHNOLOGY - BENEFITS AND RISKS


Many people have heard about nanotechnology but fewer people know what it is or the potential hazards it may pose to health and the environment. Nevertheless, in spite of limited information, the risks are real and employers need to take account of these materials in their Risk Assessments.

WHAT IS NANOTECHNOLOGY?

It has been described as "engineering at an atomic scale". It is size that is relevant rather than the actual substance. In fact, Nanotechnology works with materials with dimensions less than 100 nanometers (nm). By way of comparison, the width of a human hair is about 80,000nm.

Particles of this size are not new. They are produced as by-products from diesel engines, power plants, or cement kilns, for example. Some of these airborne particles of nanometer scale have been linked to health related diseases and deaths due to such effects as pollution, asthma or cardiovascular diseases.

Of course, there are many potential benefits from nanotechnology, which is the reason for the rapid growth. We can already purchase goods such as stain-resistant fabrics, odour-eating socks, graffiti-resistant paints, fire resistant coatings and self-cleaning glass. There are more exotic applications envisaged or already in the pipeline such as improved drug delivery systems, electronic paper, fuel cells and many more.

The reason for the enormous interest is that materials at the nanometer scale often take on different physical, electrical and chemical properties compared with the more conventional forms of the same substances. The laws of quantum physics rather than classical physics apply. By way of example, substances that normally conduct electricity can become insulators (or vice versa), substances normally opaque may become transparent, lightweight substances are possible that have exceptional strength or wear resistance.

Whilst these new properties can be exploited to the benefit of mankind, we must also be aware that they can pose new and possibly unexpected threats.

The UK Government view is summed up in the following statement:

"Nanotechnologies offer potentially huge benefits to society, industry, the environment and health. They can help us improve our quality of life and respond to some of the key issues of the day, such as climate change. For example, they could contribute to improved energy storage and efficiency, better diagnosis and treatment of disease, faster computer systems, and remediation of polluted air soil and water.

The Government's aim is for the UK to derive maximum benefit from these new technologies and their products. But this must be done in a way that safeguards health, safety and the environment and addresses the aspirations and concerns of the public."

WHAT ARE THE POTENTIAL HAZARDS?

In regard to hazards, the major issue is the level of uncertainty. We know from experience that extremely small particles can pose threats to health and the environment, but we don't know all the consequences of the rapid introduction of so many new materials.

Some materials, however, are capable of being inhaled deep into the lungs, or can enter the body by passing through the skin and can collect in various organs of the body.

In this respect we need to learn from our experience with asbestos, which was considered to be a wonder material with no end of useful applications, but for a long time we were unaware of the serious health hazards associated with its use.

In addition to the biological risks, other hazardous possibilities include:

  • Explosive or fire potential of dust clouds containing these materials - a risk that is increased due to the possibility of remaining in suspension for very long periods of time.
  • Toxic effects on the environment
  • Potential to act as a catalyst resulting in rapid reactions that would otherwise occur only slowly, if at all.
ASSESSING THE RISKS

Essentially, risks associated with nanotechnology should be managed in a similar fashion to other forms of risk. However, given the many unknowns about nanotechnology, employers are recommended to err on the side of caution.

Any organisation that manufactures nano-materials, employs them in production processes or uses finished products (and eventually that will include almost everyone) needs to consider the risks to their employees, customers and others who may be affected by their business activities.

This involves undertaking risk assessments as required by existing legislation such as the "Control of Substances Hazardous to Health Regulations" (COSHH) or the "Dangerous Substances and Explosive Atmosphere Regulations".

Probably the first consideration should be the possible effects on the lungs, skin contact or ingesting the materials, followed by the other potential hazards listed above. Where there is uncertainty, risk assessments and their recommendations should be suitably cautious.

In fact, as our knowledge and understanding of these materials increases, we should be ready to review our risk assessments on a regular basis to ensure they are as relevant as they can be.

Factors you need to take into account include:

  • Quantities of nano-materials involved
  • Form of the materials (e.g. dry powder form or in solution).
  • Level of containment (i.e. potential for contact with persons or living things)
  • Period of possible exposure
MANAGING THE RISKS

As with assessing the risks, there is an approved hierarchy of controls for managing the risks:

  • The first option should be to eliminate or reduce risks by substituting less hazardous materials.
  • The next preference is engineering controls, such as containment or removal of the material by local exhaust ventilation systems.
  • As a last resort, when other controls are inadequate, Personal Protective Equipment (PPE) or Respiratory Protective Equipment (RPE) should be employed. Once again, when specifying PPE or RPE, the advice is to err on the side of caution.
  • Health monitoring is a desirable addition. It is not a substitute for the control measures listed above but is valuable for detecting any health effects as early as possible so that timely action can be taken.
  • For maximum benefit, there must be appropriate management arrangements in place such as Safety Procedures, Training and Information, Sound Maintenance of equipment and adequate Supervision.

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CASE LAW


Case Law

Nanotechnology is still in its infancy but some of the potential health and safety hazards have been with us for a long time, such as the risks associated with inhalation of dangerous substances.

This is illustrated by a recent case in which a major outdoor and sports retailer was prosecuted for breaches of the Health and Safety at Work Act in relation to asbestos.

The company had all its shops surveyed for asbestos and, following the instructions of the assessors, a basement stock room in one of their London branches had been sealed to protect employees and customers.

However, on a subsequent visit, environmental health officers found that the room had been reopened and was in regular use. The whole basement area was contaminated by dust that was falling from damaged asbestos lagging onto boxes of shoes and items of outdoor clothing.

The officers served a Prohibition Notice requiring the whole store to be closed down until it had been decontaminated and the stock destroyed.

The company was prosecuted and fined a total of £150,000 with an additional £14,622 in costs.

Further details of the case are available on the website of the Royal Borough of Kensington and Chelsea at:

http://www.rbkc.gov.uk/pressrelease/pressrelease.asp?id=2558

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LEGAL MONITOR


Legal Monitor

In our last issue, we highlighted two items of legislation that came into force on 6th April 2008, which included the "Corporate Manslaughter and Corporate Homicide Act". This Act makes it easier to prosecute companies and organisations but does not contain any personal sanctions such as fines or prison sentences for individuals.

However, there is a private members bill currently progressing through parliament. Titled the "Health and Safety (Offences) Bill 2007-08", it could be far more significant for individuals.

Quoting from the government's own site:

"This Bill would amend Section 33 of the Health and Safety at Work etc Act 1974, to raise the maximum penalties available to the courts in respect of certain health and safety offences:

Key areas

  • Raises the maximum fine which may be imposed by the lower courts to £20,000 for most offences
  • Makes a prison sentence an option for most health and safety offences in lower and higher courts
  • Makes certain offences that can currently only go to trial in lower courts, triable in either the lower or higher courts."
Read explanatory notes on the bill or the text of the bill as introduced.

View more anticipated legal changes. Then decide if they affect you and what changes you need to make by way of preparation.

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David Skews, (CEO)

EDP Health Safety & Environment Consultants Ltd
Lakeside, Alexandra Park, Prescot Road, St. Helens, Merseyside, UK
Telephone: 08456 44 53 52

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