EPA and OSHA Sign MOU to Enhance Worker Safety and Chemical Risk Management

The U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) signed a memorandum of understanding (MOU) to enhance their coordination on workplace health and safety concerning chemical substances. This agreement aims to improve how the two agencies collaborate on regulating and managing chemicals under the Toxic Substances Control Act (TSCA) and the Occupational Safety and Health (OSH) Act, leading to better protections for workers exposed to chemicals.

Key Points of the MOU:

• Improved Coordination: The MOU formalizes ongoing collaboration between the EPA and OSHA, focusing on how both agencies address chemical hazards in the workplace. It aims to streamline the way they share information, which should lead to more effective regulation and enforcement of workplace safety.

• Areas of Information Sharing:

1. TSCA Risk Evaluations and OSHA Rules: The agencies will coordinate on chemical hazard information related to TSCA Section 6 prioritization, risk evaluations, and rulemaking. They’ll also share materials about the chemical hazards covered by both TSCA and OSHA regulations.
2. Inspections and Enforcement: EPA and OSHA will share insights on each agency's inspections, enforcement actions, and areas of mutual interest, ensuring they’re not duplicating efforts and can address potential violations more effectively.
3. Confidential Information Exchange: The agencies will establish protocols to handle confidential information, ensuring it’s exchanged properly in the course of law enforcement actions or when protecting health and the environment.

• Focus on Worker Protection:

The MOU acknowledges that the 2016 TSCA amendments explicitly require EPA to consider potentially exposed and susceptible subpopulations, including workers, during chemical risk evaluations. The goal is to enhance the protection of workers by integrating the expertise of both agencies, which regulate chemical exposures from slightly different perspectives.

Key Differences Between TSCA and the OSH Act:

• Scope of Regulation: TSCA regulates chemicals in general, including their use across many sectors, whereas the OSH Act focuses specifically on workplace health and safety.
• Worker Coverage: While OSHA covers most workers in the private sector, TSCA includes a broader group of workers, such as self-employed individuals, volunteers, and some state and local government employees, who are not covered by OSHA.
• Regulatory Approach: While both TSCA and the OSH Act aim to reduce risks, their regulatory approaches differ. EPA, under TSCA, must evaluate chemicals based on best available science without considering non-risk factors like costs. OSHA, on the other hand, must demonstrate that control measures are economically and technically feasible when setting regulations.
• Exposure Limits: OSHA has set exposure limits for many chemicals, though these were established back in the 1970s, and may not reflect the latest scientific understanding. By contrast, EPA’s exposure limits, set as part of its TSCA rulemaking, are based on current scientific data.

Moving Forward:

This new MOU is seen as a crucial step toward improving worker health and safety. The agencies' joint efforts will likely result in more coordinated regulatory actions, minimizing confusion and enhancing protection for workers exposed to chemicals. By sharing information, aligning their efforts, and leveraging each other's strengths, the EPA and OSHA aim to ensure more effective oversight of chemical substances that pose risks to workers. This collaboration is also expected to foster more consistent risk management practices, as the agencies bring their different statutory frameworks to bear on protecting workers in various industries, from manufacturing to chemical processing.