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January 12, 2021

Richard E. Engler, Ph.D. Quoted in Bloomberg Environment & Energy Report Article “OSHA, EPA to Share Trade Secrets in Joint New Chemicals Work”

Bergeson & Campbell, P.C.

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 unresolved questions—including who would regulate when—remain.

There are situations when either agency—or only one—could use its authorities, said Engler, who works with the TSCA New Chemicals Coalition (NCC) that Bergeson and Campbell manage to help chemical manufacturers.

TSCA gives the EPA clear authority to protect workers dealing with industrial chemicals, including smaller businesses that don’t fall under OSHA’s jurisdiction, he said.

On the other hand, TSCA controls wouldn’t apply to a chemical that falls under a pharmaceutical, pesticide, food contact, or other statute, he said. But OSHA has authority in those workplaces and could use knowledge gained by working with the EPA, Engler said.

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