How EPA and OSHA are teaming up to promote safety and sustainability in the workplace

Staff writer

In a groundbreaking move, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) have formalized their collaboration through a Memorandum of Understanding (MOU). This agreement improves EPA's coordination of assessment and management of existing chemicals pursuant to Section 6 of the Toxic Substances Control Act (TSCA) and OSHA's mandate under the Occupational Safety and Health (OSH) Act.

Understanding this partnership is critical for business leaders to navigate the regulatory environment while advancing sustainability and workplace safety initiatives.

The EPA-OSHA MOU: A Basis for Collaboration

The MOU builds on decades of collaboration to improve workplace health and safety for workers handling chemical substances. It creates a framework for better information sharing, joint enforcement efforts and stakeholder engagement, allowing both agencies to streamline their efforts and reduce redundancies in their overlapping jurisdictions.

Key areas of collaboration include:

• Risk assessments: Coordinate TSCA Section 6 prioritization, rulemaking, and risk management efforts specific to workplace chemical hazards.
• Stakeholder outreach: Collaboratively develop materials to clarify compliance requirements under EPA and OSHA regulations to ensure companies and workers are informed.
• Enforcement coordination: Sharing data about inspections, complaints and potential violations in workplaces where both agencies have regulatory interests.
• Confidentiality protocols: Protect sensitive business information during regulatory and enforcement actions.

Why this matters: Historical context and regulatory differences

The partnership between EPA and OSHA is rooted in historic concerns about chemical safety. In the 1970s, worker exposure to vinyl chloride and other hazardous substances led to the creation of the original TSCA law in 1976. Since then, EPA has implemented worker-focused rules such as:

• The regulation for the protection of asbestos workers: Expand OSHA asbestos standards to state and local employees not covered by an OSHA-approved state plan.
• Restrictions on metalworking fluids (1984): Protecting workers from cancer risks under TSCA.

The 2016 TSCA amendments further expanded EPA's authority to include workers as a “vulnerable subpopulation” in chemical risk assessments, requiring the agency to address unreasonable risks to this group.

Regulatory differences between TSCA and the Occupational Safety and Health Act:

• Scope: TSCA addresses chemical risks comprehensively and covers volunteers, self-employed individuals, and state/local workers not subject to OSHA jurisdiction. OSHA specifically focuses on health and safety in the workplace.
• Risk standards: TSCA uses the best available science to identify and mitigate unreasonable risks without consideration of cost. In contrast, OSHA must ensure economic and technical feasibility when setting exposure limits.
• modernization: While many OSHA limits date to the 1970s, EPA's current risk management rules are based on contemporary scientific methods.

These differences highlight the two agencies' complementary but different approaches and make the MOU critical to aligning efforts and minimizing regulatory gaps.

How business leaders can navigate the framework

For organizations working with chemicals, the MOU provides clarity on compliance while highlighting the need for proactive risk management. Here are actionable steps for business leaders:

1. Use shared resources: Use educational materials developed by EPA and OSHA to understand overlapping requirements and ensure full compliance.
2. Stay up to date on regulatory changes: Monitor updates to TSCA risk assessments and OSHA Permissible Exposure Limits (PELs) to adjust operations as necessary.
3. Invest in safer alternatives: Evaluate opportunities to replace hazardous substances with safer, more sustainable options, consistent with TSCA's emphasis on modern risk management.
4. Collaborate with federal and state authorities: Work with OSHA-approved state plans and EPA regional offices to address unique local compliance challenges.

Sustainable success through collaboration

The MOU between EPA and OSHA reflects a shared commitment to protecting workers and the environment. This collaboration provides companies with a more unified approach to chemical management, reduces uncertainty and promotes innovation. By aligning with these federal efforts, organizations can achieve sustained success while ensuring the health and safety of their workforce.