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How the Toxic Substances Control Act Affects You

Some chemicals are harmful to the public and can lead to life threatening conditions, such as cancer and lung disease. In 1976, the United States passed a law known as the Toxic Substances Control Act (TSCA) that regulates the introduction of new and existing chemicals. This law gives the U.S. Environmental Protection Agency (EPA) the authority to mandate reporting, recordkeeping and testing requirements. It also allows the EPA to restrict certain chemicals and mixtures.

While some chemicals have once been widely used, many of these substances have been discovered to be toxic, such as asbestos and lead. These chemicals have been known to cause significant diseases and illnesses, which often result in death. The Toxic Substances Control Act therefore addresses the “production, importation, use, and disposal of specific chemicals, including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint,” according to the EPA’s website.

For the most part, manufacturers are required to submit pre-manufacturing notification to the EPA before manufacturing or importing new chemicals intended for commercial use. If the EPA determines that the chemical has “an unreasonable risk to human health or the environment,” restrictions may be placed on the substance or it may be banned all together.

Unfortunately, some municipalities in New York are negligent and do not take appropriate measures to keep the public safe from toxic substances, such as asbestos and lead-based paint. In these situations, the injured person(s) can pursue compensation. These damages include compensation for medical bills, lost time from work, permanent or temporary disability and pain and suffering.

The injury lawyers in Manhattan and Long Island at the law firm of Rappaport, Glass, Greene & Levine have represented New Yorkers in cases where their rights to safety were violated by the negligent actions of New York state and city agencies. Call us today at 800.734.9445 for a free legal consultation regarding your municipal liability case.