Abstract

Managing hazardous materials generally involves four major issues—identification, storage and handling, disposal and shipping, and recordkeeping. Toxic substances can create pervasive environmental and public health problems. Public policy has traditionally been aimed at protecting the public from toxic substances. The Occupational Safety and Health Act is the primary federal law regulating toxic substances to protect workers in the workplace. Unlike the Occupational Safety and Health Act, environmental laws address by-product discharges of toxic and hazardous substances that are released into the environment. People often view environmental laws as having their focus on the effects of toxic and hazardous substances being emitted into the workplace and/or the environment at the point of manufacture. However, both the public and the environment can also be exposed to toxic substances during the use and application of chemicals. To reduce the risk of exposure through the use of a chemical, a number of federal laws were enacted aimed at regulating what specific chemicals can be manufactured and sold. Environmental violations may result in reactions by more than one governmental body under more than one provision of more than one statute. Since the environmental laws, generally, are framed for delegation to the states, there may be concurrent violations of both state and federal law.

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