OSHA approves of EPA move to align chemical substance new use regulations

November 21st, 2016 by Dakota Software Staff Industry News

While the Environmental Protection Agency and the Occupational Safety and Health Administration have largely separate mandates, there are some notable areas of crossover. A relatively significant one is found in the development and use of chemicals in an industrial context. OSHA is primarily concerned with the negative influences such substances may have on workers exposed to them, while the EPA is focused on their impact on local ecosystems and residents. Both departments focus on the safety of those who come into contact with these chemicals, however, and the regulations tied to such substances can overlap.

EPA changes rule to come in line with OSHA
The EPA recently amended some of its rules related the Toxic Substances Control Act, according to law firm Seyfarth Shaw LLP. The changes stem from President Obama's signing of the Chemical Safety Act over the summer. The ultimate aim of that new legislation, as indicated by the president, was to make it easier for the EPA to review both new and existing chemicals and develop appropriate regulations related to each. Originally, those changes didn't take OSHA or National Institute of Health and Safety rules and requirements into account. The EPA recently proposed changes to bring those rules in line with the ones used by the other two federal agencies.

Specifically, the proposed changes to EPA regulations involved making the TSCA functionally identical to OSHA's updated Hazard Communications Standard, its Respiratory Protection Standards and NIOSH's respiratory certification regulations. Therefore, the EPA would introduce a new requirement to make sure employers subject to significant new use rules attempt to use other measures before workers are forced to utilize personal protective equipment. Also, the EPA would require a written plan for hazard communication that involves criteria for classifying chemical hazards and the submission of safety data sheets initially developed to share with OSHA to the EPA.

Dr. David Michaels, assistant secretary of labor for OSHA, expressed strong approval for the proposed changes made by the EPA. In a comment submitted as part of the regulatory process, Michaels said aligning the standards was a positive decision that would make health and safety and environmental compliance efforts more effective and, ultimately, better protect workers.