EPA Workplace Chemical Protection Program: New Requirements and Compliance
The EPA's Workplace Chemical Protection Program under TSCA Section 6 sets stricter occupational exposure limits for certain chemicals than OSHA. Employers must comply with these lower EPA limits, implement comprehensive exposure controls, and maintain detailed documentation. The program operates alongside OSHA standards, requiring dual compliance and regular monitoring.
The EPA's Workplace Chemical Protection Program (WCPP), established under Section 6 of the Toxic Substances Control Act (TSCA), introduces legally binding occupational exposure limits—Existing Chemical Exposure Limits (ECELs) and EPA Short-Term Exposure Limits (EPA STELs)—that are significantly lower than OSHA's Permissible Exposure Limits (PELs) and STELs. For chemicals subject to WCPP, employers must ensure exposures do not exceed EPA's limits, even if they are below OSHA's thresholds. The WCPP framework includes requirements for exposure monitoring, regulated areas, exposure control plans, respiratory and dermal protection, training, and recordkeeping. These requirements are codified in chemical-specific TSCA risk-management rules and operate in conjunction with OSHA standards. Employers must comply with both EPA and OSHA regulations, often resulting in the need for additional engineering, administrative, and personal protective equipment controls. The EPA's broader scope includes not only employees but also volunteers, self-employed persons, and some state and local government workers. Enforcement actions and penalties may apply for non-compliance with EPA's WCPP requirements. Employers are advised to review and update their programs regularly, typically every five years, and ensure that all potentially exposed persons are protected from unreasonable risk in the workplace.
