In a December 2024 memorandum of understanding (MOU) centered on the Toxic Substances Control Act (TSCA), the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) reaffirmed their dedication to continuing their long-standing cooperation.
Without considering cost or other non-risk variables, the TSCA review assesses whether a chemical or substantial new use poses an unreasonable risk of harm to health or the environment. The EPA frequently suggests that new compounds be subjected to this evaluation. Douglas Parker, the assistant secretary of labor for occupational safety and health under the Biden administration, signed the MOU as one of his final acts.
A Few Hits
An OSHA and EPA memorandum of understanding (MOU) signed in December 2024 focuses on Section 6 of the Toxic Substances Control Act (TSCA) and stresses the sharing of information on inspections, complaints, and possible violations.
Participation in information-sharing activities under the MOU will be encouraged by OSHA for states whose state plans have been authorized by OSHA.
Over the years, the Environmental Protection Agency and the Occupational Safety and Health Administration have formalized several partnerships and understandings to collaborate on inspection and enforcement efforts. Per the terms of those agreements, EPA employees can notify OSHA of any health and safety issues they find on the job. Workers with OSHA can notify the EPA when they notice anything that could harm the environment. Regarding procedures involving “highly hazardous substances,” OSHA’s process safety management (PSM) regulations are the health and safety equivalent of the EPA’s risk management program regulations.
The following outcomes form a memorandum of understanding (MOU) between the EPA and OSHA dated 2021 and about TSCA:
Setting up management and staff contacts from each agency to address and resolve workplace exposure concerns related to the EPA’s new chemical reviews; keeping OSHA informed of EPA’s new chemical determinations, including any worker protection measures found during the review; and documenting EPA’s involvement in determining and notifying OSHA of the need for formal consultation regarding EPA’s new chemical reviews.
What we mean when we say “new chemicals” are substances that aren’t already in the TSCA inventory, not ones that have just been created. The EPA released official and preliminary risk evaluations for formaldehyde, 1,1-dichloroethane, and 1,3-butadiene in 2024. There is an emphasis on doing risk assessments for five frequently used chemicals: acetaldehyde, acrylonitrile, benzenamine, vinyl chloride, and 4,4′-methylene bis(2-chloroaniline) (MBOCA). All newly developed per- and polyfluoroalkyl compounds (PFAS) must undergo a comprehensive safety review procedure due to an amendment to the TSCA regulations.
Continuing from the 2021 MOU, the 2024 MOU emphasized the exchange of data and information regarding the inspection, complaint, and possible violation target areas, as well as EPA’s intended enforcement actions related to TSCA’s section 6 rulemaking and enforcement. Although the MOU suggests that substances under OSHA’s jurisdiction, like the PSM-related list of hazardous chemicals, could change, it is unclear whether OSHA will take action to alter TSCA determinations.
When there is a common interest between the two organizations, they will share information regarding TSCA section 6 activities in the workplace, including inspection results, possible violations, complaints, and EPA’s planned enforcement actions. To enforce relevant rules and regulations, each entity will use its authority. The Environmental Protection Agency and the Occupational Safety and Health Administration have agreed to communicate information on possible violations of TSCA section 6 and OSHA requirements in workplaces within their respective jurisdictions. The agencies will also work together to refer such violations in circumstances with a shared interest.
Considering the need for cooperation amongst states whose plans have been approved by OSHA:
With this MOU in hand, OSHA hopes to persuade state plans to notify EPA of any possible infractions that may arise.
OSHA will actively promote all information-sharing initiatives set up under this MOU to states whose state plans it has authorized.
