Partnership-based approach to national chemicals management Case study from Australia: NICNAS Community Engagement Charter Presentation by Dr.
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Partnership-based approach to national chemicals management Case study from Australia: NICNAS Community Engagement Charter Presentation by Dr. Liz Hanna NICNAS Community Engagement Forum [email protected] Australia’s Chemical Management Framework Chemical Category Industrial Therapeutic Agricultural & Veterinary Food & Contaminants Industrial: paints cosmetics, antibacterial skin cleansers Medicines: Agricultural & Veterinary: insect repellents Foods & food additives NICNAS (National Industrial Chemicals Notification & Assessment Scheme) TGA APVMA Agricultural & Pesticide Management Authority FSANZ Food Standards Australia New Zealand Legislative role ASSESS ONLY ASSESS & REGISTER ASSESS & REGISTER ASSESS & APPROVE Portfolio (Office of Chemical Safety within TGA) HEALTH HEALTH AGRICULTURE HEALTH Lead Agency Therapeutic Goods Administration The Australian National Industrial Chemicals Notification and Assessment Scheme (NICNAS) • Operates under Commonwealth legislation - Industrial Chemicals (Notification and Assessment) Act 1989 • Reports to Minister for Health and Ageing via the Parliamentary Secretary • Goal is for safe and sustainable use of industrial chemicals in Australia • Operates under cost recovery (registration fees) Objectives of the NICNAS Act • Determine risk to workers, the public and the environment associated with import, manufacture and use of industrial chemicals • Provide information and make recommendations to Commonwealth, State/Territory regulatory authorities • Give effect to Australia’s obligations under international agreements • Collect statistics on chemicals Scope of NICNAS • Chemical entity scheme (not product registration) • Broad coverage of chemicals and sectors – from cosmetics to cement, and includes paints, solvents, plastics (including for domestic use) – public health, worker safety, environmental protection • Covers new and existing chemicals Community Engagement Forum • 6 Community representatives drawn from civil society representing: environmental protection (2), public health (2), and worker health and safety (2) • Assists NICNAS on ensuring interested people have input into policy & decision making process in chemicals regulation What Guides NICNAS? NICNAS Engagement Charter – Developed by CEF – Set of principles the Regulator is accountable to – Better communication – Better policy and decision making leading to safer chemicals and use – http://www.nicnas.gov.au Case Study: Existing Chemicals Review • NICNAS established 1989 • 38,000 chemicals “in use” listed on AICS – continued usage permitted, NICNAS to assess • By 2005, only 125 ‘existing chemicals’ assessed • Process of assessing existing chemicals required review NICNAS & CEF embark on process to fully engage community to input into this process Community engagement Task at hand • Review NICNAS key operational strategy Participatory approach • • • • Engage CEF in all phases Adopt CEF recommendations Involve whole of organisation Fully resource engagement process Maximising opportunities for effective engagement about industrial chemicals NICNAS is keen that representatives of civil society have maximum opportunity to participate when decisions are made and policies are developed about the safe use of chemicals. Each of NICNAS’s community engagements is carefully planned, and involves: • definition of the aim and objectives of the engagement - & express / negotiate these • review of past examples and experiences • development of guiding principles, objectives and protocols – in collaboration • description of the scope and/or affected geographical area – in collaboration • identification of key stakeholders – in collaboration • explanation of the demographics covered by the issue – in collaboration • setting of budgetary limitations – with discussion of requirements • outlining of information requirements/ information flows and capacity-building needs - IC • splitting of the process into achievable and defined units – in collaboration • establishment of realistic timeframes, and – in collaboration • development and confirmation of review, monitoring and feedback processes. - IC Supports community’s right to know about industrial chemicals In recognising the community’s ‘right to know’, NICNAS is committed to: • improving public access to chemical safety information • addressing aspects of the community’s ‘right to know’ in relation to the control and use of industrial chemicals, and • enabling representatives of civil society – interested persons, organisations and key stakeholders – to have effective input into policy and decision-making processes regarding the safe use of chemicals. • Upholding the principles of community ‘right to know’ as identified in the Bahia Declaration 2000 of the Intergovernmental Forum on Chemical Safety. Engage with civil society • We (NICNAS) work with representatives of civil society, seeking: • to draw on their expertise and local knowledge of industrial chemicals (including hazards, exposure, controls and use), and • to ensure their equitable involvement in chemical decisions that affect them. The Test How did NICNAS perform when applying its Community Engagement Charter to the Existing Chemicals Review?? Process and Participation • NICNAS Community Engagement Forum (CEF) participated in Review Steering Committee • Technical workgroups met sequentially: WG1 …. capturing concerns TO NICNAS WG2 …. responses FROM NICNAS WG3 …. regulatory framework required 38,000 chemicals (AICS) available for use- what needs assessment/action? Currently NICNAS relies on intelligence & referrals to identify chemical of interest Referrals Public Nominations Local Concerns & enquiries New safety data Secondary notification RISK ELEMENTS Hazard Exposure Use Volume Overseas actions Emerging issues SCREENING (internal process) Candidate list of chemicals SCOPE Environment Public Health OH&S ASSESSMENT PRIORITISATION & TYPE (internal process) Information Advice I N P U T S PEC preliminary or full Safety Info Sheets Other International reports Regulatory Recommendations to Environment/OHS/Public Health Authorities for implementation Eg Classification/ Controls on Use/Supply/Disposal / Restrictions / Bans Publication of all assessment outputs but only PECs have regulatory status P R O C E S S E S O U T P U T S Key Issues PROCESSES: • Filtering of inputs • Screening & selection of chemicals • Enhanced information • Screening AICSlisted chemicals gathering • Simplified secondary • Surveillance, notification monitoring and post• Engagement & market reporting awareness OUTPUTS • New types of assessment options • Enhanced controls • Improved uptake of recommendations INPUTS: • Capturing stakeholder concerns Options for improvement • INPUTS – – – – Better capture of stakeholder & emerging issues More screening information on all existing chemicals Better utilisation of chemical use experience Surveillance, monitoring and post-market reporting • PROCESS – More transparency in what NICNAS does and decides – More chemicals assessed per equivalent resource • OUTPUTS – – – – Targeted assessments linked to level of concern Better controls for chemicals More powers for NICNAS to ban or restrict use / sale Improved downstream implementation of risk management Inviting civil society to make a difference • Discussion paper: Promoting safer chemical use: towards better regulation of chemicals in Australia • Broadly distributed – inviting comment • Community forums held across all states, capital cities & major rural centres • Submissions due to NICNAS by 23 June 2006 Public Engagement Forum on the Safe Use of Chemicals Options for community to input • • • • • • Attend Forums – 2 sessions night & day Email Freecall telephone Letter Visitation by appointment On-line via NICNAS webpage Publicity accessing the community • CEF provided extensive list of names / organisations & contact details • Invitation to disseminate to enable others to self nominate • Newspaper advertisements • Radio interviews Questions for consideration Q. Have partnership approaches for chemicals and waste management worked well, and if so, under which conditions? Case study of NICNAS & CEF partnership review of Existing Chemicals Program – Yes How? 1) By clarifying “community”, seeking true representation from key sectors 2) By fully engaging with CEF throughout process 3) By adopting CEF recommendations on how best to engage 4) By fully resourcing engagement A. Q. Are they relevant and likely to work in a developing country context? A. Challenging – but possible How? 2) & 3) are behavioural, depend merely on willingness & commitment to process 1) – identifying key representatives may or may not present a challenge, highlights a need for coordinated voice to advocate for these issues 4) - ?? Available resources Questions for consideration Q. Based on lessons learned from past experiences, what are key principles that should be met in order for partnership approaches to be effective and successful? A. Shared commitment to the process, Accountability, Clarity of roles and responsibilities, Continuity, Openness, procedural fairness and equity, Timeliness of decision-making and information delivery and responses given, Access to information, expertise and personnel, Easily-comprehended information and flexible processes, Commitment to consensus, Feedback mechanisms, Mutual respect, honesty, trust, patience Understanding of difficulties facing community participants: time poor, $$, lead times Understanding that initial overtures for engagement may result in low numbers Questions for consideration Q. What is the role of public interest and labour organizations in developing, implementing and monitoring partnerships? A. Source of vital knowledge of use & fate of chemicals Source of community experts re the impact of chemicals & policy Source of perspective from each of the stakeholder groups - this is especially true when organizations are invited to nominate their selected representative - formal links allow for canvassing broader perspective Organizations have history of engaging with chemicals regulators - experience in identifying determinants of success - although often fatigued & sceptical, maintain commitment to process of community participation Communicate to community on behalf of authority - liaison Open partnerships build community trust Questions for consideration Q. What are specific areas of chemicals management and SAICM implementation for which partnership approaches work particularly well? A. Designing programs of chemical regulatory authorities eg. Existing chemicals review Engineering input, processes & outputs relevant to civil society Improving public access to chemical safety information Designing strategies for community engagement Providing the perspective of communities served by the regulatory authorities – necessary in all facets of operations Thank You Community Engagement Forum http://www.nicnas.gov.au/Community/CEF_Brochure_PDF.pdf Community Engagement Charter http://www.nicnas.gov.au/Community/CEF_Charter_PDF.pdf For further contact: Dr Liz Hanna Member NICNAS CEF [email protected] National Convenor Environmental Health Public Health Association of Australia [email protected]