Safety News

TOXIC SUBSTANCES CONTROL ACT AND WORKERS’ HEALTH

The Toxic Substance Control Act (TSCA) of 1976 gave the U.S. Environmental Protection Agency (EPA) the authority to regulate chemical substances and mixtures that present an unreasonable risk of injury to health or the environment. TSCA was amended in June 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Among other changes, this amendment made specific changes to TSCA, mandating that

• existing chemicals are evaluated, with clear and enforceable deadlines; • chemicals are assessed against a risk-based safety standard; and • unreasonable risks identified in the risk evaluation are eliminated.

Under this act, EPA is also required to assess and update the existing chemicals inventory, prioritize chemicals for risk evaluation, and identify the steps in the risk evaluation and prioritization processes.

TSCA and Workers

As part of its chemical evaluation, EPA has a new responsibility to assess risks to workers. Specifically, EPA must consider chemical exposures to a “potentially exposed or susceptible subpopulation,” which has been defined as:

A group of individuals within the general population identified by the Administrator who, due to either great susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to a chemical substance or mixture, such as infants, children, pregnant women, workers, or the elderly.

This means that EPA will evaluate workplace chemical exposures as well as environmental exposures. As the leading occupational safety and health research agency, NIOSH works with EPA to provide information on occupational uses of chemicals, chemical exposures, occupational risk assessment methods, and other information. This collaboration should strengthen the risk evaluations for workers and provide robust, evidence-based evaluations to protect worker health.

When did the law take effect?

The law took effect immediately upon signature by the President, which occurred on June 22, 2016.

What were the immediate effects of the law?

The most immediate effects have been on the new chemicals review process. EPA is now required to make an affirmative determination on a new chemical or significant new use of an existing chemical before manufacturing can commence.

How has the law impacted state laws and regulations?

States can continue to act on any chemical, or particular uses or risks from a chemical that EPA has not yet addressed. States also retain authority to address local environmental concerns related to air, water, waste treatment, and disposal. For state and federal requirements that are identical, states retain the ability to partner with the federal government on enforcement. Finally, the law preserves state laws already on the books (as of April 22, 2016).

Generally, state action on a chemical is preempted only when EPA has acted – either by finding a chemical to be safe or by regulating a chemical to address identified risks. State action is also temporarily “paused” when EPA is evaluating a chemical, although states can avail themselves of a mandatory waiver from the “pause” if they still seek to pursue their own regulation.

For more information, google Frank R. Lautenberg, Chemical Safety Act.