Inside OSHA

October 10, 2024

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OSHA chief Douglas Parker says he is looking to employers’ comments to help fill gaps in OSHA’s data on workplace heat dangers and mitigation methods as the agency crafts a long-awaited rule on the subject, telling viewers on an Oct. 9 webinar that the wide scope of its proposed standard “raises lots of issues” that will require stakeholder input to resolve.

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Trade groups are pushing EPA to craft a “consistent approach” for setting de minimis exemptions in its TSCA risk management rulemakings, while also renewing pressure on the agency for more transparency on workplace exposure limits for the solvent 1-bromopropane (1-BP) in particular -- limits some say should have been crafted by OSHA instead.

California Gov. Gavin Newsom (D) has signed into law a pair of bills aimed at expanding worker safety at refineries and hospitals, as well as legislation requiring workplace first-aid kits to contain the opioid overdose medication naloxone hydrochloride.

California Gov. Gavin Newsom (D) has vetoed a bill that sought to ensure workers compensation benefits for heat-related injuries in the agriculture sector, objecting to the prospect of linking California OSHA (Cal/OSHA) and the state’s workers compensation agency, while citing several existing programs that he says already protect employees from heat.

EPA’s response to comments on its final risk evaluation of the flame retardant tris(2-chloroethyl) phosphate (TCEP) lays out arguments against requests from industry and environmental groups alike to significantly broaden the review or rework its conclusions, defending both the TSCA office’s analysis of TCEP and its approach to setting workplace exposure limits.

Chemical manufacturers say EPA’s landmark rule phasing out chrysotile asbestos uses -- largely over workplace dangers -- “usurps” OSHA’s statutory power to protect workers, amid broader arguments seeking to cabin EPA’s power to regulate existing chemicals under the reformed TSCA.

Unions representing industrial workers and firefighters, as well as a broad coalition of environmentalists and public-health advocates, are urging the U.S. Court of Appeals for the 5th Circuit to conclude that EPA’s landmark TSCA rule for chrysotile asbestos is unlawfully weak, arguing that the agency unjustifiably declined to regulate or even evaluate risks from several uses of the mineral.

California Gov. Gavin Newsom (D) is weighing whether to enact a bill unanimously backed by state legislators that would expand the state’s stringent petroleum refinery worker-safety standards to biorefineries and other facilities, in response to labor union concerns about a recent series of fires at renewable fuel production plants that caused serious injuries.

David Michaels, who led OSHA for nearly all of the Obama administration, says local authorities should issue their own workplace protections for heat rather than waiting for the federal agency to enact its proposed standard, noting that a final version is likely years away and probably would be scrapped under a second Trump administration.

A chemical firm trying to intervene in litigation over the deadlines for 22 overdue EPA risk evaluations of toxic substances says the agency and environmentalists are raising “straw man” arguments against its participation in the case in order to prevent it from extending the proposed 2024 settlement deadline for formaldehyde.

 

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