Unreasonable risk meaning

TSCA "Unreasonable Risk" Regulations, and Other Restrictions. During the three years that companies have been submitting PMN s to EPA, the Agency has developed a number of means for informally regulating the production and use of certain new chemicals. In addition, 5(f) authorizes EPA to initiate more formal regulatory actions, primarily involving lawsuits. 

In addition to these informal means for regulating, 5(f) authorizes EPA to seek restrictions upon the production, distribution, use, and disposal of new substances that "present or will present an unreasonable risk of injury to health or the environment. To ban a new chemical outright, the Agency must obtain an injunction from a U.S. district court. Any other restrictions... 

In rare instances, the FDA may grant a waiver to the requirements for an IND on the basis of a justified request from the sponsor. Acceptable justification may include an explanation of why the sponsor s compliance is unnecessary or cannot be achieved or a description of an alternative means of satisfying the requirement. The FDA may grant such a request for a waiver if it determines that the sponsor s noncompliance would not pose a significant or unreasonable risk to the human test subjects. 

The Commission is, however, permitted by the FHSA to regulate only mechanical hazards that present an unreasonable risk of consumer injury. This means that the Commission must determine (1) that the risk posed by the hazard is an unreasonable one, and (2) that there is a sufficient nexus between the regulation and the hazard it is designed to prevent. The requirement that the risk be unreasonable necessarily involves a balancing test like that familiar in tort law The regulation may issue if the severity of the injury that may result from the product, factored by the likelihood of the injury, offsets the harm the regulation itself imposes upon manufacturers and consumers. [559 F.2d at 789.]... 

Unreasonable risk of injury presented by a consumer product means that degree of risk which the Commission determines is incompatible with the public health and safety either because the degree of anticipated injury or the frequency of such injury, or both, is unwarranted because—(A) the degree of anticipated injury or the frequency of such injury can be reduced without affecting the performance or availability of the consumer product but the effect on such performacne or availability is justified when measiued against the degree of anticipated injury or the frequency of such injury. 

Hazardous material means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce, and which has been so designated. 

Hazardous material means a substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials as defined in this section, materials designated as hazardous under the provisions of Sec. 172.101 of this subchapter, and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter. US 171.8... 

For the purposes of subsection (a) ofthis section, the term imminently hazardous chemical substance or mixture means a chemical substance or mixture which presents an imminent and unreasonable risk of serious or widespread injury to health or the environment. Such a risk to health or the environment shall be considered imminent if it is shown that the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture, or that any combination of such activities, is likely to result in such injury to health or the environment before a final rule under section 2605 of this title can protect against such risk. ... 

Such notice shall be made in writing by certified mail at least 15 days before the release of such data, except that if the dministrator determines that the release of such data is necessary to protect against an imminent, unreasonable risk of injury to health or the environment, such notice may be made by such means as the Administrator determines will provide notice at least 24 hours before such release is made. 

Forester assails 15124(i), which requires that control cable ends be capped or treated to prevent unravelling, on the ground that the Commission has not shown that a significant proportion of cyclist injuries are caused by fraying control cable ends. . . We find this provision to rest upon a rational basis. Although the injuries caused in this manner are minor, the means to be used for reducing the risk of injury is itself quite inexpensive and has not been shown to interfere in any way with the function of bicycles. On these facts, it was within the discretion of the Commission to determine that the risk of ipjury from untreated control cable ends is unreasonable. [559 F.2d at 791 (emphasis added).]... 

That such an interpretation is by no means unreasonable may be inferred from the comments of the Ch ief Executive of Petrofac, Ayman Asfari, at the Oil and Money Conference in October 2008, where he indicated that his company had seen installations which were in bad need of repair , that he feared firms will fail to spend enough in improvements and that he was concerned that the industry would end up in a situation where budgets were curtailed, leading to more risk of accidents. Oil and... 

We have discussed what your employer expects of you - but what should you expect of your employer While every employer is different, it is not unreasonable to expect a safe and healthy workplace to do your job. Most of us also know that sometimes employers may not provide the best possible working conditions, but as a new employee you should not expect to be put in harm s way. This again does not mean that you will be working in a risk-free environment—there is risk in everything we do, including our jobs. You have been hired in part because you have some expertise in how to safely handle hazards, and your employer will expect that you will have these skills and be able to use them effectively. Employers will expect you to accept some risk and do your job to the very best of your ability by minimizing those risks. Some employers actually welcome ideas for improvements, particularly if they don t cost much in... 

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