Implications of Chemical Regulations for Engineered Nano-Scale Substance

The Head of Malaysia’s National Institute of Occupational Safety and Health (NIOSH) recently released a statement that over 1% of the products in the consumer market contain nanomaterials as critical components or use nanotechnology in the manufacturing process. This state of nanotechnology commercialisation raises regulatory concern since scientific evidence of risk and hazard to human health and the environment is largely lacking and will continue to cloud the decision-making of regulatory authority with respect to engineered nano-scale substance. I address the issue by examining the coherence of the current chemical regime, and its authority concerning the legal status of nanomaterials as a regulatory category. A critical analysis of the Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 (CLASS Regulation) will be carried out to analyse whether nanomaterials should be treated as ‘new’ or existing substance; whether the manufacturers owe duty to declare nanomaterials as regards classification, labelling, preparation of Safety Data Sheet; and how far the Department of Occupational Safety and Health (DOSH) may go about discharging its authority over the notification obligation about hazards of nano-scale substance. Semi-structured interviews with the relevant stakeholders are sought to explain the challenges faced by the regulatory authority and industry in dealing with the scientific and legal complexity of regulating nanomaterials. It concludes that the responsible occupational practice involving nanomaterials throughout entire value chain should be aimed at mitigating the risks of accidents at workplace; hence ensuring a safe and working environment.