How EPA and OSHA Are Aligning to Drive Workplace Safety and Sustainability

In a landmark move, the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor have formalized their collaboration through a Memorandum of Understanding (MOU). This agreement enhances coordination on EPA’s assessment and management of existing chemicals under 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 regulatory landscapes while advancing sustainability and workplace safety initiatives.

The EPA-OSHA MOU: A Foundation for Collaboration

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

Key areas of collaboration include:

• Risk Evaluations: Coordinating on TSCA Section 6 prioritization, rulemaking, and risk management efforts specific to workplace chemical hazards.
• Stakeholder Outreach: Joint development of materials to clarify compliance requirements under EPA and OSHA regulations, ensuring businesses and workers are informed.
• Enforcement Coordination: Sharing data on inspections, complaints, and potential violations in workplaces where both agencies have regulatory interests.
• Confidentiality Protocols: Protecting 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 historical concerns about chemical safety. In the 1970s, worker exposure to vinyl chloride and other hazardous substances prompted the creation of the original TSCA law in 1976. Since then, EPA has implemented worker-focused rules such as:

• The Asbestos Worker Protection Rule: Extending OSHA asbestos standards to state and local employees not covered by an OSHA-approved state plan.
• Metalworking Fluids Restrictions (1984): Protecting workers from cancer risks under TSCA.

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

Regulatory Differences Between TSCA and the OSH Act:

• Scope: TSCA addresses chemical risks broadly, covering volunteers, self-employed individuals, and state/local workers not under OSHA’s jurisdiction. OSHA focuses specifically on workplace health and safety.
• Risk Standards: TSCA uses the best available science to identify and mitigate unreasonable risks, excluding cost considerations. OSHA, by contrast, must ensure economic and technical feasibility when setting exposure limits.
• Modernization: While many OSHA limits date back to the 1970s, EPA’s current risk management rules are informed by contemporary scientific methods.

These differences underscore the two agencies' complementary but distinct approaches, making the MOU critical for 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 underscoring the need for proactive risk management. Here are actionable steps for business leaders:

1. Leverage Joint Resources: Use outreach materials EPA and OSHA developed to understand overlapping requirements and ensure comprehensive compliance.
2. Stay Updated on Regulatory Changes: Monitor updates on TSCA risk evaluations and OSHA permissible exposure limits (PELs) to adapt operations as necessary.
3. Invest in Safer Alternatives: Evaluate opportunities to replace hazardous substances with safer, sustainable options, aligning with TSCA’s emphasis on modern risk management.
4. Engage with Federal and State Agencies: Collaborate 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 a more unified approach to chemical management for businesses, reducing uncertainty and fostering innovation. By aligning with these federal efforts, organizations can drive sustainable success while ensuring the health and safety of their workforce.