Statement of CPR Executive Director Matt Shudtz on OSHA's Call for Dialogue on Chemical Exposure

by Erin Kesler | October 09, 2014

Today, OSHA announced that it is seeking new ideas from stakeholders about preventing workplace injuries caused by exposure to harmful chemicals. The agency wants to identify new ways to develop Permissible Exposure Limits (PELs), the basic standards for reducing air contaminants.  

CPR's Executive Director Matthew Shudtz responded to the development:

It’s great that Dr. Michaels is continuing to seek new ways to eliminate or manage chemical hazards in the workplace.  OSHA has been relying on outdated standards for too long. But rulemaking is not the only way to address these hazards.  OSHA needs to use the enforcement tools it has available, especially the General Duty Clause.  With the General Duty Clause, OSHA can cite employers who are lagging behind industry standards for chemical exposure.

Last year, OSHA released new web-based tools to help employers voluntarily limit the exposure of workers to hazardous substances. In a blog Shudtz noted that the agency could use the General Duty Clause within the OSH Act to compel low-road employers to protect workers from harmful chemical exposure. According to the blog:

As OSHA freely admits, the Permissible Exposure Limits (PELs) found in current regulations are out-of-date and inadequately protective. Employers may expose workers to chemicals up to those limits without incurring fines for violating the standard, even though the exposures are patently dangerous. Most were adopted in the early 1970s and were based on scientific research from the 1940s through 1960s. In the late 1980s, the agency undertook an effort ...

Remedying Toxic Exposures: Will CERCLA Continue to Help?

by Robin Kundis Craig | June 11, 2014
On Monday, June 9, 2014, the U.S. Supreme Court decided CTS Corp. v. Waldburger, --- U.S. ---, --- S. Ct. ---, 2014 WL 2560466 (June 9, 2014), a case that posed the seemingly simple legal question of whether the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” also known as Superfund), 42 U.S.C. §§ 9601-9675, preempts state statues of repose. Behind that legal question, however, lies the issue of whether the plaintiffs landowners do or should have a state-law ...

New NAS report breathes life into EPA’s IRIS program

by Matt Shudtz | May 08, 2014
The National Academies’ National Research Council released its long-awaited report on IRIS this week, and the results are good for EPA.  The report praises the IRIS program and its leadership, including Drs. Olden and Cogliano, for making great strides to improve how IRIS assessments are developed. To get a real appreciation for how positive this report is, it’s important to put it in context.  In 2011, a different NAS/NRC committee led by the same chairperson went out of its way ...

Testimony of CPR's Wagner for House Hearing on new TSCA bill today focuses on impact to EPA's use of science

by Erin Kesler | November 13, 2013
Today, Center for Progressive Reform Member Scholar and law professor at the University of Texas School of Law, Wendy Wagner will testify at a House Subcommittee on Energy and the Environment Hearing entitled, "S. 1009, Chemical Safety Improvement Act." Wagner's testimony can be read in full here. According to her testimony: My testimony will focus on the various good science provisions in S.1009 and how they are likely to impact EPA’s use of science.  I will make the following points ...

Roll Call: Toxics Control Bill Will Handcuff EPA

by Erin Kesler | September 13, 2013
Earlier this week, Roll Call published an op-ed by CPR Scholars Thomas O. McGarity and Wendy Wagner entitled, "Toxics Control Bill Will Handcuff EPA." The piece concludes: In our decades of research and writing on tort law and environmental regulation, we have never seen a pre-emption provision that intrudes more deeply into the civil litigation system at the state level than the one in this bill. If victims of toxic chemical exposure attempt to recover damages at the state level, their cases ...

Chemical Safety Board Introduces a Most Wanted List of Reforms to Protect Workers

by Matt Shudtz | July 25, 2013
The U.S. Chemical Safety and Hazard Investigation Board, better known as CSB, is held a meeting today to discuss several recommendations and a newly created “Most Wanted Program.” CSB has invited public input, so CPR President Rena Steinzor and I submitted comments to CSB yesterday, urging the agency to target the White House in its advocacy efforts related to the Most Wanted Program. CSB has numerous recommendations that it considers “open” because the target of those recommendations, be it OSHA, another ...

The Atrazine Debate in Perspective

by Ben Somberg | August 30, 2010
CPR Member Scholar Frank Ackerman had an op-ed in the Des Moines Register the other day, "Atrazine ban would not ruin the Corn Belt." The chemical in question is a weed-killer, and also a known endocrine disruptor. The Bush Administration's EPA determined that atrazine does not cause negative effects to human health. The Obama Administration's EPA is currently conducting a review of that assessment (stay tuned). Ackerman responds to arguments that banning atrazine would cause huge economic harm, writing: How ...

Lautenberg's TSCA Bill is Up; Initial Reactions From Advocates

by Ben Somberg | April 15, 2010
Senator Frank Lautenberg today released the  "Safe Chemicals Act of 2010 ” -- a bill to reform the Toxic Substances Control Act. Representatives Rush and Waxman released a discussion draft of related legislation in the House. Here are reactions from Environmental Defense Fund, Environmental Working Group, Natural Resources Defence Council, and Safer Chemicals, Healthy Familes coalition. We'll have more on this in the coming days. ...

The BPA Backlash

by Ben Somberg | June 02, 2009
The Milwaukee Journal-Sentinel reported on Saturday, and the Washington Post on Sunday, about a meeting of industry groups in Washington last week to devise a plan to respond to criticisms of Bisphenol A (BPA). From the Post: Manufacturers of cans for beverages and foods and some of their biggest customers, including Coca-Cola, are trying to devise a public relations and lobbying strategy to block government bans of a controversial chemical used in the linings of metal cans and lids. The ...

Toxics

Recognizing the often hidden hazards posed by toxic chemicals that pervade our lives, Congress has enacted a variety of laws designed to protect people and the environment from both short- and long-term health problems. Despite these efforts, corporatoins that profit from introducing hazardous pollutants into the environment lobby hard to prevent stiff regulatory enforcement and distort scientific evidence of harm.

Recommended Resources:
Toxics
Protecting Against Severe Environmental Hazards

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