[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement

June 12th, 1:00 pm ET
Conn Maciel Carey LLP

Conn Maciel Carey LLP

June 12th, 2024
1:00 PM ET

Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure. In a nutshell, over the last year or so, EPA has taken several actions under TSCA demonstrating the agency’s avid interest in regulating chemicals in the workplace, an area traditionally considered within the jurisdictional authority of OSHA. Specifically, EPA is proposing to set much more stringent limits than OSHA has established with its Table Z limits for air contaminants in the workplace, sometimes by several orders of magnitude.

So, how might the revised EPA chemical safety limits affect OSHA enforcement actions? In short, by allowing OSHA to essentially “reach over” its own standards and enforce a more stringent regulatory limit set by EPA through Section 5(a)(1) of the OSH Act (commonly referred to as the General Duty Clause). Given that the Biden Administration is proving to be among the most aggressive we have seen, and that Acting Secretary of Labor is driving OSHA to “use every tool in its toolbox” to aggressively pursue its mission to keep workers free from hazards, employers are well-advised to pay close attention to EPA’s new TSCA chemical exposure limits and act accordingly.

In this webinar, participants will learn about:

  • The circumstances under which OSHA may use its General Duty Clause to cite an employer who has failed to meet exposure limits more stringent than its own standards.
  • Examples of chemicals that will have drastically different exposure limits under OSHA’s current standards and EPA’s proposed regulatory scheme.
  • Updates on interagency efforts, including a potential memorandum of understanding on how the two agencies will coordinate efforts implementing TSCA regulations for existing chemicals.
  • Employer best practice tips to avoid/minimize the risk of an OSHA citation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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