What happened?

On January 13, 2025, the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) announced a memorandum of understanding (MOU) to coordinate the assessment and management of existing chemicals under Section 6 of the Toxic Substances Control Act (TSCA).

Overview:

The MOU aims to enhance workplace health and safety protections for workers managing chemical substances under TSCA and the OSH Act. It emphasizes sharing information on inspections, complaints, and potential violations related to TSCA Section 6.

MOU Main Points:

1. Improved Coordination: Enhances protections for workers managing chemicals.

2. Information Sharing: Agencies will share updates on TSCA Section 6 activities, including prioritization, risk evaluation, rulemaking, and implementation.

3. Outreach and Communication: Collaboration on materials for stakeholders about EPA rules and OSHA requirements.

4. Inspections and Enforcement: Coordination on inspections and enforcement activities, focusing on mutual interests.

5. Confidential Information Protocols: Ensures proper exchange of confidential information during law enforcement actions.

This MOU builds on previous agreements, focusing on sharing information and data concerning inspections, complaints, potential violations, and enforcement related to TSCA Section 6.

• It encourages state OSHA plans to participate in information-sharing activities and aims to ensure the safety and health of the public and the workforce through implementing federal laws and regulations effectively.

• The MOU is voluntary and effective for five years, creating no contractual obligations.

Additional Details

• Expanded Authority: The 2016 TSCA amendments expanded EPA’s authority to protect workers, requiring consideration of susceptible subpopulations.

• Jurisdictional Differences: TSCA regulates chemicals more broadly, covering a wider range of workers, while the OSH Act focuses on workplace health and safety.

• Regulatory Differences: EPA’s exposure limits are based on current scientific review, while OSHA’s limits were mostly set in 1970. TSCA requirements must use the best available science without considering cost, whereas OSH Act standards must be economically and technically feasible.

Source References

• EPA Press Release: Coordination with OSHA for Implementation of TSCA Section 6
• MOU Between EPA and OSHA

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