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May 23, 2017

Lisa R. Burchi Explains “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group Meeting

Bergeson & Campbell, P.C.

On May 23, 2017, Lisa R. Burchi, Of Counsel with Bergeson & Campbell, P.C. (B&C®), presented “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group meeting. Ms. Burchi’s presentation addressed the new Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and its impact on worker safety programs nationwide. Specifically, she discussed the changes in the designation of workers, identified in the new bill as a “potentially exposed or susceptible subpopulation,” as well as new rules on TSCA preemption and confidential business information (CBI) requirements. Ms. Burchi covered changes to many sections of TSCA, including Section 5 where the U.S. Environmental Protection Agency (EPA) is now required to make an affirmative finding on the safety of a new chemical (NC) or significant new use (SNU) of an existing chemical before it is allowed into the marketplace. Regarding worker safety, Ms. Burchi stated that the new law means that workers are now a demographic that could drive EPA risk assessment activities, with workplace exposure to industrial chemicals being a focus. Ms. Burchi ended the presentation by emphasizing the implications of new TSCA, namely the increased responsibility companies bear to ensure chemical safety. For more information, and a full copy of the presentation, e-mail Heidi Lewis at hlewis@lawbc.com.