Company Safety Data Sheets on New Chemicals Frequently Lack the Worker Protections EPA Claims They Include
By Richard Denison
lead senior scientist with Environmental Defense Fund
Readers of this blog know how concerned EDF is over the Trump EPA's approval of many dozens of new chemicals based on its mere "expectation" that workers across supply chains will always employ personal protective equipment (PPE) just because it is recommended in the manufacturer's non-binding safety data sheet (SDS).
The typical course has been for EPA to identify risks to workers from a new chemical it is reviewing under the Toxic Substances Control Act (TSCA), but then — instead of issuing an order imposing binding conditions on the chemical's entry onto the market, as TSCA requires — to find that the chemical is "not likely to present an unreasonable risk" and impose no conditions whatsoever on its manufacturer. This sleight of hand is pulled off by EPA stating that it:
expects employers will require and workers will use appropriate personal protective equipment (PPE) … consistent with the Safety Data Sheet prepared by the new chemical submitter, in a manner adequate to protect them.