Chemical Regulation in Australia: Ensuring Human Rights Protection

1. NICNAS Community Engagement Forum Is the regulation of industrial chemicals in Australia effective?

2. Participatory democracy in chemicals management • SAICM • UN Convention on Human Rights • Bahai Declaration • Aarhus Convention

3. ‘living in a pollution-free world is a basic human right’ -2001 UNHRC ‘those who pollute violate human rights’ "Human rights cannot be secured in a degraded or polluted environment….the fundamental right to life is threatened by exposures to toxic chemicals, hazardous wastes & contaminated drinking water." Convention on the Rights of the Child 1989 - child’s right to health, adequate food and clean water ‘taking into consideration dangers & risks of environmental pollution’ Chemicals – A human rights issue

4. Environmental Justice“…the principle that all people and communities are entitled to equal protection of environmental and public health laws and regulations.“Robert Bullard, Dumping in Dixie: Race,class, and Environmental Quality, 1990. Drivers for change • It is estimated that around one in three of all occupational diseases recognised in Europe each year is due to exposure to hazardous chemicals. • A wide range of chemical residues are now found in human breast milk with Australia showing some of the highest levels. (ie flame retardants) • Environmental monitoring is showing chemical residues extensively in the environment. Air, water and soil. • Most of the 38 000 industrial chemicals available for use in Australia have not been adequately assessed for human health and environmental impacts. • Insufficient volume and use data, critical for exposure assessments, has been provided by industry to Australian regulators. • Impending climate change impacts. Re-release of POP’s • EDC’s - Hormone disruption could pose a more imminent threat to humankind than climate change. (Colborn and Clement 1992)

5. Community Engagement Forum • Established 2003 • Representing: -Worker health and safety (ACTU) -Public health (PHAA and CHOICE) -Environment and community interests (AEN) • “…recognising the importance of effective engagement in formulating regulatory policies and practices that operate well and best meet the needs of all stakeholders.”

6. CEF supporting NICNAS • Community Engagement Charter • Community Engagement Framework • Developing Community Engagement Strategies • Facilitating ECR National Engagement Strategy • Review of ECR National Engagement Strategy • CEF E-Bulletin (quarterly) • Submissions- reforms/works, PEC’s, CRIS, Nano, Cosmetics, Disinfectants, ECR, LRCC, COAG • Presentations – HAZMAT • Gateway engagement with sectors • Providing equitable representation – ECR, ISG, TWP, NAG, CAG • CEF Workplans *CEF Appraisal (Sass)

7. Priorities 2011 • Implementation of the ECR • Regulatory Framework for Nano-materials • International harmonisation • LRCC • NICNAS Website • Reforms

8. Issues of Concern for CEF • LRCC evaluation • Assessment of Phthalates • Assessment of PBDE’s, HBCD’s • Prioritisation of AIC’s • Unassessed chemicals in use (classified hazardous/restricted overseas) • Community capacity building -Chemical Safety Forum

9. Cause for concern? • Approx 1500 new chems every year • 6974 chemicals reported under exempt categories 2010-11 • 38000 unassessed available for use • No data on LRCC program • Complicated regulatory framework (More than nine separate government agencies involved)

10. Chemical risks in the environment BTEX and fraccing chemicals -LNG and CSG processing polluting air, water and soil Lead -children’s articles, playground equipment, residues in soil and waste streams EPDM • extensive use of Soft fall and fake turf, leaching into groundwater, residues in waste streams Plastics -residual wastes pollute air, water and soil Nano-materials -No regulatory framework or nano-pollution monitoring

11. Chemical risks to children BPA • Aus voluntary 12 month phase-out vs overseas bans Phthalates • in use in Australia but restricted EU, US, Canada and Japan • Slow assessment of 25 priority PBDE’s and PFOS • Upholstery and Carpet underlay, babies exposed, high levels in Aus breastmilk/blood Unassessed chemicals is domestic products - No exposure assessments, control of use data leaves children vulnerable.

12. Regulatory Failure Chemical assessments often lack consideration of - • Critical exposure data • Ecotoxicological data • Epidemiology data • Children’s specific vulnerability • Environmental fate and disposal data • Body burden and Endocrine Disruption data • Multiple chemical, cumulative and synergistic data

13. Community Expectations • No National Adverse Reporting Scheme • No annotation of AICs (ie substitution advice, hazard warnings) • No Powers to ban or restrict • No information gathering powers • No toxics elimination strategy • No Children’s Chemical Safety Act.

14. Increased release of chemicals into the environment Changes in : temperature, precipitation affect long range transport & distribution temperature increases volatilizing & air emissions primary & secondary remobilisation release from melting snow, ice, permafrost soils, glaciers extreme weather events, flooding salinity - bioavailability of substances degradation rates toxicity of some chemicals sensitivity of wildlife to exposures Synergy of exposures & climate environmental stresses, affect adaptability, immune function, reproductive viability Climate Change and Chemicals