Memo - OSHA/TSCA Referrals (OSHA internal document)

Not Adopted. This confidential OSHA internal memo from September 26, 2024 establishes the process for referring employee exposures above the occupational exposure limits (OELs) established by the Environmental Protection Agency (EPA) for specific existing chemicals which EPA regulates under Section 6(a) of the Toxic Substances Control Act (TSCA).  The referral instructions in this memo apply only to OSHA inspections or investigations involving Section 6(a) chemicals that have final EPA OELs (also called Existing Chemical Exposure Limits (ECELs)), which currently includes only two chemicals, Methylene Chloride and Asbestos (Chrysotile).  In addition, the National Office will keep the field, and State Plans, informed when EPA finalizes new chemical rules and ECELs in the future.

Please do not disclose this memo to anyone outside of your state agency. This is a confidential internal document that OSHA is sharing with its State Plan partners. This memo should not be discussed or disclosed outside of your agency.  Any requests for information regarding this memo must be referred to OSHA for response.

Adoption of this memo is not necessary as NC FOM Chapter IV - Violations provides guidance that would cover the situations outlined in this memo - employee personal sampling exposure to substances at levels that fall above the EPA OEL and below the OSHA PEL and when to make referrals to the EPA. As outlined in the FOM under the section on industry recognition, CSHOs are provided guidance on federal, state, and local agencies' laws or regulations that apply in the jurisdiction where the violation is alleged to have occurred and which currently are enforced against the industry in question.