ILMA Joins Coalition Calling for EPA and OSHA to Avoid Duplicative Workplace Regulation
ILMA joined the American Chemistry Council and a broad coalition of more than 75 organizations in urging the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) to establish a unified federal framework for worker chemical safety under Section 9 of the Toxic Substances Control Act (TSCA).
Lubricant manufacturers operate at the intersection of TSCA and OSHA regulatory programs, complying with chemical regulations and workplace safety requirements. A unified framework would provide regulatory clarity, reduce compliance burdens and ensure worker protection efforts are built on a coherent and consistent legal foundation.
The Regulatory Problem
Under TSCA, EPA is charged with identifying and mitigating risks posed by chemical substances, including risks that may occur in occupational settings. At the same time, OSHA has primary responsibility for worker safety. For years, there has been growing conflict between EPA’s risk management rules and OSHA’s occupational safety standards, often resulting in duplicative or layered workplace chemical regulation.
As the coalition letter notes, when two federal agencies impose different obligations on the same worker, in the same facility and for the same chemical, the result is compliance confusion rather than stronger worker protection. For lubricant manufacturers subject to both TSCA and OSHA requirements, this regulatory overlap creates tangible operational and compliance challenges.
The Policy Solution
The coalition’s letter calls on the agencies to use TSCA Section 9, which expressly authorizes EPA to coordinate with OSHA on worker safety matters, to unify the current duplicative framework. Specifically, the coalition urges the agencies to establish a consistent federal standard for occupational chemical safety, strengthen interagency coordination and align regulatory responsibilities with each agency’s core expertise. A single, coordinated framework would eliminate conflicting requirements that create regulatory confusion without providing additional worker protection.
Consistent with recent congressional direction, the coalition letter urges EPA to revise its Memorandum of Understanding with OSHA to clearly delineate each agency’s role pursuant to TSCA Section 9.
“Lubricant manufacturers are caught between two overlapping — and often incompatible — regulatory frameworks governing the same chemicals. A unified framework for workplace chemical safety would provide meaningful relief while protecting workers. It is good policy and reflects what Congress intended,” said ILMA Regulatory Counsel Jorge Roman.
ILMA will continue to engage on this issue and keep members informed as the agencies respond to the coalition’s request.
