House lawmakers introduced a bill late last month to reform the Toxic Substances Control Act (TSCA), including provisions that would improve worker protections at chemical facilities. However, the bill didn't add more aggressive OSHA reforms that were reportedly previously floated by the agency. Sources say the bill would strengthen the Environmental Protection Agency's ability to respond to chemical exposures at worksites.
The legislation includes language that would allow EPA to issue standards to ensure worker safety, in a provision covering risk information for workers. The agency "shall provide standards for and facilitate the provision of the chemical identity, safety standard determination, health and safety data, and any other information determined by the Administrator to be necessary to ensure worker safety, that pertains to chemical substances or mixtures, that workers may come into contact with or otherwise be exposed to during the course of their work, to such workers and representatives of each certified or recognized bargaining agent representing such workers," the legislative text states.
An industry source said there has been an increased blurring between the jurisdiction of EPA and OSHA to address chemical exposures in workplace settings. She noted that EPA's chemicals division has established standards for workers exposed to new chemicals. "This is very much a logical extension of that erosion of jurisdictional boundaries," she said.
She added that the provision is a step beyond EPA's existing activities in the area, as it mandates that the agency establish such standards with respect to information disclosure on chemical hazards in the workplace.
The source noted that the push could be related to EPA's expertise in human health exposures, which she sees as stronger than OSHA's capabilities.
Additionally, she said the bill includes expanded whistleblower protections and advanced worker right-to-know language, which is part of a push by unions to give workers more information than they are currently provided through hazard communication.
A source at the United Auto Workers said the recently introduced House bill addresses worker safety better than a discussion draft on TSCA reform that had previously been released. However, the House bill "neither frees OSHA from its existing straightjacket nor does it make it possible for EPA to fill the vacuum," the source said. "We would hope to see further improvement when the bill is marked up."
OSHA also reportedly submitted a proposal to use the bill to improve its authority to handle chemical exposures (see Inside OSHA, July 13).
The TSCA reform bill isn't expected to move this Congress, but is viewed as a blueprint for issues to be pushed in the future, the industry source said. "One of the takeaways of the House bill is the extent that there are far more worker protections, whistleblower and other worker information standards in this bill that give us a pretty good sense of things to come for the debate that will follow next year," she said.
The improvements to TSCA's whistleblower provision would make it the first major environmental statute to be updated to be consistent with whistleblower protections in other recent laws (see related story).
The industry source added that she sees the provisions addressing worker safety as a "sleeper issue," and one that will become more important as debate on the bill progresses.
She noted that a particular concern to chemical manufacturers is if workers are provided information that could be considered confidential business data. -- Sara Ditta