All Knowledge & Insights By Date

The U.S. Environmental Protection Agency (EPA) announced on January 13, 2025, that it signed a long-awaited memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) formalizing coordination on EPA’s work to assess and manage existing chemicals under Section 6 of the Toxic Substances Control Act (TSCA). According to EPA’s press release, “EPA and OSHA anticipate that better coordination under this MOU will result in improved workplace health and safety...

The U.S. Occupational Safety and Health Administration (OSHA) issued a final rule on May 20, 2024, that amends the Hazard Communication Standard (HCS) to conform to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), primarily Revision 7 (Rev 7), address issues that arose during the implementation of the 2012 update to the HCS, and provide better alignment with other U.S. agencies and international trading partners while enhancing the effectiveness of the standard....

The U.S. Environmental Protection Agency (EPA) issued on May 8, 2024, a final rule to address unreasonable risks of injury to health EPA identified caused by methylene chloride under its conditions of use (COU). 89 Fed. Reg. 39254. According to EPA, the final rule will prevent serious illness and death associated with uncontrolled exposures to methylene chloride by preventing consumer access methylene chloride and by restricting the industrial and commercial use of methylene chloride while also...

Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends and key developments we expect to see in 2023....

On July 5, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule amending the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) to align with revisions that were made to the Occupational Safety and Health Administration (OSHA) Hazard Communications Standard (HCS) and changes to the OSHA Respiratory Protection Standard and the National Institute for Occupational Safety and Health (NIOSH) respirator certification...

On March 14, 2022, Bergeson & Campbell, P.C. (B&C®) was quoted by Chemical Watch on the U.S. Environmental Protection Agency's (EPA) decision to no longer consider personal protective equipment (PPE) use in Toxic Substances Control Act (TSCA) risk evaluations.  Law firm Bergeson & Campbell said assuming PPE will not be used, including in cases where required by the Occupational Safety and Health Administration (Osha), "is not based on reasonably...

Click here for a PDF brochure of the memorandum. Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2022. The extraordinary diversity and complexity of global industrial, agricultural, and biocidal chemical initiatives in which our clients engage are reflected in the detailed summary that follows, prepared by the legal,...

Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2022. The extraordinary diversity and complexity of global industrial, agricultural, and biocidal chemical initiatives in which our clients engage are reflected in the detailed summary that follows, prepared by the legal, scientific, and regulatory professionals of B&C,...

The Occupational Safety and Health Administration (OSHA) concluded last week a three-day informal public hearing on its February 16, 2021, notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS). The NPRM was open for comment until May 19, 2021. OSHA stated that it would schedule an informal public hearing on the NPRM if a request was made during the comment period. A request was made, and OSHA scheduled the public hearing for September 21-23,...

On February 16, 2021, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS). On April, 12, 2021, OSHA published a Federal Register notice to extend the comment period of the NPRM to amend the HCS by one month. The HCS is the federal-level regulation that sets forth the classification, labeling, Safety Data Sheet (SDS), and training requirements for hazardous chemicals...

On April, 12, 2021, the Occupational Safety and Health Administration (OSHA) published a Federal Register notice to extend the comment period of the notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS) by one month. The HCS is the federal-level regulation that sets forth the classification, labeling, Safety Data Sheet (SDS), and training requirements for hazardous chemicals intended to be used, handled, or stored in workplaces. The...

On February 16, 2021, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS). The HCS is the federal-level regulation that sets forth the classification, labeling, Safety Data Sheet (SDS), and training requirements for hazardous chemicals intended to be used, handled, or stored in workplaces. The current HCS is based on the third revised edition (Rev 3) of the United Nations (UN)...

The U.S. Environmental Protection Agency (EPA) announced on January 12, 2021, that it signed a memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) “that advances collaboration and communication on EPA’s review of new chemicals under the Toxic Substances Control Act (TSCA).” The goal of the MOU is to improve the combined efforts of the agencies to protect workers who may be exposed to a new chemical substance by providing guidelines for...

On January 12, 2021, Bloomberg Environment & Energy Report featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding an agreement between the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) to share trade secrets about chemicals that manufacturers seek to produce or import. Richard E. Engler, director of chemistry with Bergeson and Campbell PC, said...

The U.S. Environmental Protection Agency (EPA) published the final risk evaluation for carbon tetrachloride on November 4, 2020. 85 Fed. Reg. 70147. EPA states that it reviewed 15 conditions of use, “all of which are associated with industrial and commercial work and primarily involve the manufacturing of other chemicals.” EPA found unreasonable risks to workers and occupational non-users (ONU) for 13 of the 15 conditions of use. EPA found no unreasonable risks to the...

Bergeson & Campbell, P.C. (B&C®) is a proud sponsor of the Product Stewardship Society’s (PSS®) PSX 2020 virtual conference.  With a focus on promoting responsible design, development, and management of products throughout their life cycles, the PSX 2020 virtual conference offers a wide variety of education options indispensable to anyone in the chemical industry.  Registration is open now, with a variety of attendance options.  One does not have to...

This week, I sat down with my colleagues Sheryl Lindros Dolan, Chris Bryant, and Dr. Richard Engler to discuss our fabulous 2020 Forecast, B&C’s and The Acta Group’s (Acta®) richly detailed overview of key trends in U.S. and global chemical law and policy. This 67-page document provides a comprehensive “one-stop” overview of global initiatives for the New Year of which stakeholders in the global chemical market must be aware. My colleagues provide a spirited overview of key...

In the Trump Administration’s Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda) issued on October 17, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a Proposed Rule Stage item titled “Update to the Hazard Communication Standard,” RIN 1218-AC93, and scheduled the Notice of Proposed Rulemaking (NPRM) to be issued by March 2019.  The full description of the item is: OSHA and other U.S. agencies have been...

On March 13, 2019, the House Energy and Commerce Subcommittee on Environment and Climate Change held a hearing on “Mismanaging Chemical Risks:  EPA’s Failure to Protect Workers.”  The hearing examined the U.S. Environmental Protection Agency’s (EPA) assessment and management of risks to workers from toxic chemicals under the Toxic Substances Control Act (TSCA) and other laws.  The Subcommittee focused on EPA’s implementation of the Frank R. Lautenberg Chemical Safety for...

On February 28, 2019, Bloomberg Environment featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, in the article “Chemical Law’s Worker Safeguards Ditched by EPA, Advocates Say.” Safety data sheets impose obligations on employers, said Richard E. Engler, director of chemistry for the Bergeson & Campbell PC law firm. The firm manages the TSCA New Chemicals...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2019. In this richly detailed document, the legal, scientific, and regulatory professionals of B&C and Acta distill key trends in U.S. and global chemical law and provide our best informed judgment as to the shape of key developments we are likely to see in the New Year. Our unique business platform and growing...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2018. The document distills key trends in U.S. and global chemical law and regulation, and provides a sneak preview of what our legal, scientific, and regulatory professionals believe we are likely to see in the New Year. Our unique business platform and global team of highly skilled professionals are perfectly suited...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Heather F. Collins, M.S., has joined our firms as a Regulatory Consultant.  Ms. Collins has nearly two decades of experience developing, implementing, and managing environmental, health, and safety (EH&S) compliance for global chemical and chemical product companies.  Her prodigious skills in developing biocide and pesticide registration and compliance strategies, safety data...

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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...

On March 28, 2017, Sheryl Lindros Dolan, Senior Regulatory Consultant at Bergeson & Campbell, P.C. (B&C®), presented “Protecting Trade Secrets Around the World Part 1: Comparing CBI Requirements under New TSCA and OSHA HCS 2012” at the Society for Chemical Hazard Communication (SCHC) Spring Meeting. Ms. Dolan’s presentation reviewed the requirements for confidential business information (CBI) protection under the new Toxic Substances Control Act (TSCA), compared these...

In an expected action, on January 11, 2017, the Administrator of the U.S. Environmental Protection Agency (EPA) signed a proposed rule under Section 6(a) of the Toxic Substances Control Act (TSCA) to regulate the use of trichloroethylene (TCE) in vapor degreasing.  The proposed rule has not yet been published in the Federal Register, but a pre-publication version of the proposed rule is available on EPA’s website, along with a fact sheet and other information.  The...

On December 2, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environmental Report on how proposed changes to significant new use regulations would change the way confidential business information is handled by the U.S. Environmental Protection Agency (EPA). The Bergeson & Campbell P.C. law firm summarized a position voiced throughout the trade association comments. “As currently drafted, the...

On July 28, 2016, the U.S. Environmental Protection Agency (EPA) proposed to update the Toxic Substances Control Act (TSCA) Significant New Use Rule (SNUR) procedures. 81 Fed. Reg. 49598. As discussed in our previous memorandum on this proposed rule, Proposed Revisions to Significant New Use Rules Reflect Current Occupational Safety and Health Standards, while some of the proposed changes are not consequential, other changes, such as those related to workplace protections, are more clearly...

On August 4, 2016, quotes from the Bergeson & Campbell P.C. (B&C®) memorandum “TSCA: Proposed Revisions to Significant New Use Rules Reflect Current Occupational Safety and Health Standards” were included in an Inside EPA article about conflicts between Occupational Safety and Health Administration (OSHA) and the revised Toxic Substances Control Act (TSCA). A law firm that frequently represents industry clients is warning that a recently proposed rule that seeks...

The U.S. Environmental Protection Agency (EPA) proposed on July 28, 2016, revisions to the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) with revisions to the Occupational Safety and Health Administration's (OSHA) Hazard Communications Standard (HCS) occasioned by OSHA's March 2012 final rule modifying the HCS to conform to the United Nations' (U.N.) Globally Harmonized System of Classification and Labelling of Chemicals...

EPA Makes Final Revisions To EPCRA Hazard Categories: On June 13, 2016, the U.S. Environmental Protection Agency (EPA) issued final revisions to EPCRA Sections 311 and 312 occasioned by changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). 81 Fed. Reg. 38104. Under the revised HCS, chemical manufacturers and importers are required to evaluate their chemicals according to the new criteria adopted from the United Nations (UN) Globally...

On November 23, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a Letter of Interpretation (LOI) on labeling packages for import and export. The LOI discusses labeling scenarios and details OSHA's interpretation of the Hazard Communication Standard (HCS 2012) requirements for those scenarios. Background On May 26, 2012, OSHA issued a final rule modifying its HCS to conform to the United Nations' Globally Harmonized System of...

November 9, 20151:00 - 4:00 p.m. (EST)In-person and via Webcast Although the June 1, 2015, implementation date for hazard classification, label and Safety Data Sheet (SDS) development, and packaging has passed, industry still struggles to comply with the new requirements. Many chemical manufacturers do not understand how to reclassify their hazardous chemicals, develop the appropriate labels and SDSs, or demonstrate "due diligence" to inspectors. Significant confusion remains as to how a firm...

On July 20, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued OSHA Directive Number CPL 02-02-079. The Directive is intended to establish "policies and procedures to ensure uniform enforcement of the Hazard Communication standard" (HCS 2012). The Directive repeals previous instructions CPL 02-02-038 and CPL 02-02-039. It also cancels both enforcement memorandums effective February 9, 2015, and May 29, 2015, respectively. For more...

On May 29, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date" (Interim Guidance). This is a follow-up document to the February 9, 2015, "Enforcement Guidance for the Hazard Communication Standard's (HCS) June 1, 2015 Effective Date" (Enforcement Guidance). The Interim Guidance offers clarity on a few specific points to manufacturers, importers,...

The U.S. Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) deadline of June 1, 2015, is fast approaching. Below is a brief summary of what is at stake, and what needs to be in place by the deadline. On March 26, 2012, OSHA issued a final rule modifying its HCS to conform to the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. In the final rule, OSHA drastically modified the process by which...

Thursday, April 2, 20151:00 p.m. - 2:00 p.m. (EDT) This webinar has occurred.  For copies of presentation materials contact chad.howlin@lawbc.com.  On February 9, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Enforcement Guidance for the Hazard Communication Standard's (HCS) June 1, 2015, Effective Date" (Guidance). The Guidance offers important insights into OSHA's HCS enforcement strategy and is a must read for...

On February 9, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Enforcement Guidance for the Hazard Communication Standard's (HCS) June 1, 2015 Effective Date" (Guidance). The Guidance offers important insights into OSHA's HCS enforcement strategy and is a must read for stakeholders. Bergeson & Campbell, P.C., The Acta Group, and 3E Company, a Verisk Analytics business, will present a complimentary webinar, Thursday,...

On February 11, 2015, the Government of Canada published in Gazette II (Vol. 149, no. 3) the final regulation for adopting the Globally Harmonized System for Classification and Labeling of Chemicals (GHS). The final Hazardous Product Regulation (HPR) appears to be nearly identical to the proposed regulation published in Gazette I in August of 2014 (Vol. 148, no. 32) and is closely aligned with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA)...

**REMINDER** Webinar Presented by Bloomberg BNAWednesday, December 10, 20141:00 p.m. - 2:30 p.m. (EST) For more information and to register, visit NAFTA Members' GHS Programs: A Comparative Analysis. The cost of the webinar is $299, which includes a CD recording of the webinar, or $224 for the webinar only. CPE and CLE credits are available. While the United Nations' (UN) Globally Harmonized System for Classification and Labelling of Chemicals (GHS) model provides a backbone for...

Webinar Presented by Bloomberg BNAWednesday, December 10, 20141:00 p.m. - 2:30 p.m. (EST) While the United Nations' (UN) Globally Harmonized System for Classification and Labelling of Chemicals (GHS) model provides a backbone for hazard communications, it is only a tool for other nations to utilize, adopt, and amend as appropriate for their country-specific needs. There are substantial differences among the approaches taken by Canada, Mexico, and the United States in GHS...

REMINDER Join Gradient and Bergeson & Campbell for a webinar and online discussion series regarding the scientific, legal, and business implications brought on by the widespread implementation of GHS principles. Major changes for chemical manufacturers and importers are in store on June 1, 2015, when the key provisions of US Occupational Safety and Health Administration (OSHA) Hazard Communication Standard ("HazCom" 2012) take effect. HazCom 2012, which mandates alignment with the Globally...

Join Gradient and Bergeson & Campbell for a webinar and online discussion series regarding the scientific, legal, and business implications brought on by the widespread implementation of GHS principles. Major changes for chemical manufacturers and importers are in store on June 1, 2015, when the key provisions of US Occupational Safety and Health Administration (OSHA) Hazard Communication Standard ("HazCom" 2012) take effect. HazCom 2012, which mandates alignment with the Globally Harmonized...

Within the next 12-18 months, companies are facing multiple deadlines for various country adaptations of the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (UN GHS). These include major re-evaluations of how chemical mixtures and substances are classified, re-authoring of Safety Data Sheets (SDS), and re-labeling requirements for the U.S., the European Region, Brazil, Serbia, Malaysia, Australia, and South Africa. Each country or region has adopted...

There are 26 days remaining until the December 1 deadline by which employers must have trained their workers on the new label elements and the Safety Data Sheet (SDS) format as required under the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). While there is still time to meet the requirements, companies must act quickly. Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) can assist employers storing, using, or handling...

The U.S. Occupational Safety and Health Administration (OSHA) rule aligning its Hazard Communication Standard (HCS) with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) became effective on May 25, 2012. The rule includes a December 1, 2013, deadline for employee training on safety data sheets (SDS), which is fast approaching. Bergeson & Campbell, P.C. offers comprehensive global solutions for complying with GHS regulations: Substance classification...

On February 28, 2013, the Council of Producers & Distributors of Agrotechnology (CPDA) and Bergeson & Campbell, P.C. (B&C) jointly sponsored a workshop on Global Harmonization System (GHS) labeling requirements for agricultural chemicals. The workshop featured speakers from the U.S. Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and Department of Transportation (DOT), and Lynn L. Bergeson, and explored OSHA's final rule modifying its...

The Federal Advisory Council on Occupational Safety and Health (FACOSH) met on May 3, 2012, during which it discussed revised recommendations on permissible exposure limits (PEL) from FACOSH's Emerging Issues Subcommittee. FACOSH is authorized by the Occupational Safety and Health Act and Executive Order (EO) 11,612, as amended, "to advise the Secretary [of Labor] on all matters relating to the occupational safety and health of federal employees," including providing advice on how to reduce the...

The April 20, 2012, issue of Bloomberg BNA Daily Environment Report quotes Bergeson & Campbell, P.C.’s April 19, 2012, memorandum concerning the U.S. Environmental Protection Agency’s (EPA) Pesticide Registration Notice (PR Notice) 2012-1, on material safety data sheets as pesticide labeling.