Debate Swirls Over Agency Oversight of Workplace Chemical Safety

Litigation attorney Gina Fonte was quoted in a Bloomberg Law article commenting on the debate over which federal agency should hold primary responsibility for regulating hazardous chemical exposure in the workplace. The 2016 amendments to the Toxic Substances Control Act (TSCA) task the U.S. Environmental Protection Agency (EPA) with evaluating commercial chemicals' potential to harm workers' health and issuing risk management rules as needed. On the other hand, the Occupational Safety and Health Administration (OSHA) sets permissible exposure limits (PELs) for chemicals, but OSHA's standards often differ from the EPA's limits. In current litigation, industry and labor groups argue for contrasting approaches: Some say a TSCA provision directs the EPA to defer to agencies such as OSHA to draft regulations, while others contend the EPA can still develop its own rules if it deems them necessary to protect workers' health. Ms. Fonte, a member of Holland & Knight's OSHA, Workplace Safety and Whistleblower Claims Team, shared her take on the situation, explaining that "it's not uncommon to have overlap between agencies," but clarity is needed to avoid confusion and conflict and ensure all parties work together seamlessly.

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