Hunton Employment & Labor Perspectives

A recent Fifth Circuit decision reinforced OSHA’s methylene chloride standard as priority over EPA’s TSCA risk determination rule on workplace methylene chloride exposure.  The court held that EPA cannot disregard OSHA exposure limits, including whether OSHA considered PPE use in setting those exposure limits, without substantial supporting evidence.  The court further held that EPA did not have sufficient support for its exposure limits, which were overbroad and not scientifically based.  Further, the court reinforced the TSCA requires EPA to work with OSHA when developing exposure limits under TSCA.  The ruling prevents conflicting methylene chloride employee exposure limits and significantly constrains EPA’s ability to establish chemical workplace exposure rules that conflict with OSHA standards going forward. 

Read Hunton’s in-depth analysis on The Nickle Report.