Chemical Safety

Citing inadequate OSHA rules, labor unions are urging the Environmental Protection Agency (EPA) to assess and strictly regulate chemicals that pose risks to workers, pushing back against industry efforts to require the agency to defer to OSHA to regulate those exposures.

A top House Democrat is working with NIOSH to identify “credible workplace exposure data” on various abrasive blasting materials that could be subject to the Obama OSHA's beryllium rule, suggesting policymakers are seeking to evaluate a controversial industry split over whether certain abrasive materials are subject to the rule.

A senior OSHA official is downplaying the prospect of significant consultation with EPA on chemical risks to workers under the revised toxics law as some industry groups have sought, calling the extent of such collaboration “hard to predict” and suggesting it is often unnecessary.

Industry officials are raising significant hurdles to the Trump administration's proposal to charge fees to assist facilities in complying with the agency's accident and spill prevention rules, arguing such a program is unnecessary or that companies will need liability waivers or other incentives to participate.

In a surprise to some industry observers, EPA appears to be downplaying prospects that it will appeal a recent precedential ruling that rejected its efforts to limit litigation over its denial of a citizen petition under the Toxic Substances Control Act (TSCA) to the administrative record, saying the agency will fight the litigation "on the merits."

OSHA has eased a controversial policy issued last year for determining whether a chemical is present in sufficient concentrations to warrant regulating a facility under the agency's process safety management (PSM) rule, after a legal settlement with the chemical industry that excludes hydrochloric and hydrofluoric acid from the policy and postpones enforcement.

The U.S. EPA has extended for a second time its deadline for public input on the agency's proposed rule strengthening protections for applicators of restricted use pesticides, granting a request from state regulators who have argued the rule would cause some states to overhaul programs and that more time is needed to review changes.

The Occupational Safety and Health Administration will hold an informal public hearing on Feb. 29 on its proposed rule amending existing occupational exposure limits to beryllium and beryllium compounds.

The U.S. Environmental Protection Agency is planning to strengthen its industrial facility accident prevention program with new requirements for facilities to face independent audits, conduct hazard analysis, and share information with emergency planners and the public, though industry representatives are urging the agency to limit costly new revisions, saying the current program is working.

Safety activists are urging White House officials to ensure that the Environmental Protection Agency issues a final industrial facility safety rule that includes a mandate to use inherently safer technologies (IST) and to issue it before President Obama leaves office, after learning from EPA that the agency will likely delay proposing the rule and not mandate IST.