Lawrence Halprin Quoted in Chemical Watch News Article on EPA and OSHA Cooperation Agreement for TSCA

Keller and Heckman Partner Lawrence Halprin was quoted in the Chemical Watch News article, “US EPA, OSHA release cooperation agreement for TSCA existing chemicals programme.” The article addresses a newly released memorandum of understanding (MOU) by the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) for the Toxic Substances Control Act (TSCA) section 6 existing chemicals program. The agreement outlines how the two agencies will work together to address overlapping workplace rules.

Lawrence said that this cooperation could result in OSHA collecting information during compliance inspections relevant “to at least some aspects” of a TSCA rule for a chemical, such as air monitoring or use of personal protective equipment (PPE).

Lawrence also added that if there are suspected violations, OSHA may refer them to EPA whether or not there is also a violation of OSHA rules, “because the EPA penalty would be far higher and a violation would be easier to prove.”

Additionally, the agencies stated they will coordinate stakeholder outreach materials, suggesting the agencies will either issue joint communications or include information on a rule issued by the other body when describing requirements for a chemical, a level of coordination that would be “irresponsible” to fall short of, according to Lawrence.

“Anything less than that would not only create unacceptable confusion but mislead the covered facilities as to the applicable law,” he said.

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