How OSHA and EPA Work Together: What the MOU Between OSHA and EPA Means

Key Takeaways

• OSHA and the EPA often overlap in regulating chemical hazards, requiring coordinated efforts to protect both worker safety and environmental health.

• The OSHA EPA MOU, first signed in 1991, outlines protocols for joint inspections, data sharing, and coordinated enforcement in industries with overlapping risks.

• A new MOU under TSCA Section 6, effective January 2025, expands coordination to include early-stage chemical risk evaluations and rulemaking.

• Employers in high-risk industries must understand how dual oversight affects compliance and prepare for joint inspections with integrated safety and environmental protocols.

• Proactive communication with both agencies helps reduce regulatory friction, improve transparency, and prevent costly violations during inspections.

Over time, it’s become increasingly evident that the regulatory space shared by the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) is not just overlapping, but often fragmented.

Each agency holds a distinct mandate: OSHA focuses on occupational safety and health, while the EPA addresses environmental exposures and chemical risks. But in practice, these domains frequently intersect, especially when hazardous substances are present on-site and external events threaten their containment.

One incident that made this particularly clear to me was the plant fire in Texas. Severe flooding from Hurricane Harvey disabled refrigeration units at the facility, resulting in fires and the release of unstable organic peroxides. The event exposed a major void between the EPA’s Risk Management Program and OSHA’s Process Safety Management standards—neither of which explicitly requires planning for extreme weather.

Because the two organizations are focused on different kinds of risks, the EPA, with the community, and environmental risks, and OSHA on worker safety, the lack of coordination can leave serious vulnerabilities unaddressed.

Importance of EPA and OSHA Inter-Agency Cooperation

Inter-agency cooperation is essential for ensuring comprehensive and effective enforcement of laws and regulations that span across jurisdictions. In my experience, such coordination also eases the burden to employers, since from their standpoint, going through compliance requirements under two separate agencies can be frustrating at times, especially when:

• OSHA and EPA use different terminology for similar risks

• Inspections happen separately, with conflicting follow-ups

• Compliance guidance varies across agencies and regions

These issues often lead to confusion, delayed corrective actions, and inconsistent compliance outcomes. However, when OSHA and the EPA share information, coordinate inspections, and align enforcement strategies, these challenges become far more manageable.

Effective cooperation is especially critical in areas where environmental hazards also pose risks to worker safety. I’ve already come across a lot of workplace mishaps, quite enough that made me realize that aside from affecting the employees, the harm extends to the neighborhoods outside.

A good example of this collaboration occurred during a business engagement I attended in Texas. News emerged about a fertilizer plant explosion in the town of West, resulting in significant fatalities and widespread destruction. In response, OSHA and the EPA issued a joint chemical safety advisory that reached a national audience. Such action from both agencies ensured better protection for both human health and the environment. 

Ultimately, sustained cooperation between OSHA and the EPA leads to more than just improved enforcement. It creates a regulatory environment where responsibilities are clearly defined, actions are more efficient, and outcomes are more predictable. It is a model of governance that serves both the regulated community and the public interest.

What the EPA-OSHA MOU Means

The OSHA-EPA Memorandum of Understanding (MOU) formalizes the collaboration between the two agencies to address situations where environmental hazards also pose risks to worker safety. First signed in 1991, the agreement grew out of 2 converging pressures:

1. A run of high‑profile industrial disasters, one of which was the explosion in a chemical complex in Pasadena, Texas, that killed 23 workers and injured more than 130 others. This incident forced EPA and OSHA inspectors into the same site with no shared playbook, revealing painful gaps and duplicated effort.

2. New statutory duties under the 1990 Clean Air Act amendments directed the EPA to develop its Risk-Management Program, while OSHA was finalizing its Process Safety Management rule—both aimed at preventing accidental chemical releases. This overlap prompted federal leaders to instruct the two agencies to establish a unified system for inspections and enforcement, avoiding duplicative efforts and conflicting guidance.

Since the MOU was signed, it has proven useful in several real-world situations. One of the notable cases dates back to 2012, when OSHA inspectors who were visiting a metal foundry in New Hampshire noticed possible violations related to hazardous waste. Thanks to the MOU, they passed the information to the EPA, which led to a criminal case and serious penalties.

Ever since its release, the MOU has been subsequently updated and currently outlines mechanisms for:

• Information sharing: Both agencies agree to notify each other of potential violations that fall under the other agency’s jurisdiction. For example, if OSHA inspectors encounter environmental hazards during workplace inspections, they inform the EPA, and vice versa.

• Coordinated inspections: The MOU provides a framework for notifying each other of planned inspections or significant findings, enabling coordinated responses, especially in high-risk industries such as chemical manufacturing, waste management, and petroleum refining.

• Emergency response coordination: In cases of environmental accidents or chemical releases, both agencies work together to ensure a rapid response that considers both environmental impact and worker safety.

• Training and technical support: EPA and OSHA share resources and expertise to build capacity in areas of overlapping interest, such as chemical hazard communication and risk assessment.

The significance of the MOU lies in its ability to promote a unified governmental approach to complex issues involving hazardous chemicals, industrial processes, and public health. It underscores the increasing need for policies that recognize the inseparable nature of environmental integrity and occupational health, where one can no longer be effectively regulated without accounting for the other.

Scope and Responsibilities Outlined in the MOU

The MOU clearly defines how EPA and OSHA will work together in areas of shared concern, helping delineate responsibilities and minimize conflicts.

Expansion of Coordination Under TSCA Section 6

In December 2024, OSHA and EPA signed a new Memorandum of Understanding specifically focused on chemical safety under Section 6 of the Toxic Substances Control Act (TSCA). This MOU, effective January 2025, was made in response to the growing need to align workplace exposure assessments with broader environmental risk evaluations. As both agencies increasingly deal with overlapping responsibilities in regulating industrial chemicals, the expanded coordination aims to improve consistency in chemical risk evaluations, streamline the rulemaking process, and ensure that protective actions are based on shared scientific data and aligned regulatory priorities. 

Under this agreement, OSHA will be involved earlier when EPA prioritizes existing chemicals for risk evaluation. This integration ensures that worker exposure is considered not as an afterthought but as a central component of EPA’s toxicological assessments and regulatory decisions. The goal is to close longstanding gaps between environmental regulation and occupational health standards, especially for high-risk chemicals already in widespread use across multiple industries.

The MOU also includes provisions for the secure sharing of confidential business information (CBI), which has historically been a barrier to coordination between agencies. Improved CBI protocols allow both OSHA and EPA to make more informed decisions without compromising proprietary data. In addition, the agencies committed to aligning stakeholder communications, conducting joint outreach efforts, and developing harmonized compliance strategies.

This enhanced partnership reflects a more proactive and preventive model of governance. By intervening earlier in the chemical lifecycle, before new regulations are finalized, both agencies can reduce duplicated efforts, prevent contradictory standards, and better protect public health and workplace safety.

Benefits of the MOU in Reducing Conflicting Requirements

While dual oversight may seem burdensome, the MOU helps minimize regulatory conflict by:

• Encouraging harmonization of enforcement expectations.

• Preventing contradictory directives from each agency by ensuring coordination in inspections and interpretations.

• Reducing the administrative burden of duplicate inspections and redundant reporting.

• Supporting a more predictable and transparent regulatory environment for employers.

Beyond simplifying processes, this cooperation directly benefits worker safety. I’ve seen cases where agency alignment prevented delays in hazard correction and ensured no gaps in protection. There was a case where a manufacturing plant uses a chemical that’s under EPA review for long-term environmental risks. At the same time, OSHA identifies acute worker exposure concerns related to the same substance.

Without coordination, the plant could face two separate inspections, conflicting timelines, or overlapping reporting requirements, but because of the MOU, both agencies were able to realign their actions by sharing inspection findings, coordinating communication, and issuing unified guidance. As a result, the employer is able to implement corrective measures promptly and confidently, reducing risk for both workers and the surrounding community.

Practical Implications for Employers

A friend of mine, who was a director in a chemical plant, discussed with me how the MOU shifted their entire approach to regulatory coordination. Instead of treating EPA and OSHA requirements as separate tracks, their team began developing integrated compliance protocols that addressed both environmental and occupational safety risks together. This not only reduced duplication of effort but also improved their ability to respond quickly to inspections and audits.

According to him, having clearer expectations from both agencies allowed them to allocate resources more effectively and build a stronger safety culture across departments. The MOU, in this case, became more than a formal agreement because it served as a practical tool for aligning operations with evolving regulatory expectations. 

While the MOU does not introduce new regulations, it directly affects how existing laws are interpreted and enforced.

How the MOU Affects Regulatory Compliance

For businesses, the MOU means increased scrutiny in areas where environmental and occupational safety concerns overlap. Take methylene chloride, as an example. Despite this solvent being linked to dozens of workplace fatalities over the past two decades, regulatory action remains slow and uncoordinated.

OSHA’s permissible exposure limits lagged behind scientific consensus, and EPA’s TSCA-based bans faced industry resistance and delay. Under a more coordinated framework like the MOU, such weak points can be identified earlier, aligning enforcement with known risks.

The MOU also encourages more consistent communication between agencies during compliance planning, making it harder for hazards to fall between jurisdictional cracks. For employers, this means a greater need to track cross-agency updates, as a regulatory change initiated by one agency may now have faster implications for enforcement or inspection activity by the other.

How Employers Can Deal with OSHA and EPA Inspections

Handling inspections by both OSHA and EPA can be a grueling task, and without proper preparation, the process can be overwhelming, especially for industry-specific sectors that have intersecting workplace hazards and environmental risks. To manage this effectively, employers should take a proactive and integrated approach. Here are five key strategies to help:

1. Develop a unified compliance program: Rather than managing OSHA and EPA requirements in silos, build a single compliance framework that integrates environmental protection and workplace safety. This means coordinating procedures for hazardous chemical storage, waste handling, emissions monitoring, and worker training across departments like EHS, operations, and HR. Integrated programs reduce redundancy, improve audit readiness, and make it easier to respond during inspections.

2. Maintain clear and comprehensive documentation: Keep well-organized records that cover both safety and environmental compliance. This includes safety data sheets (SDS), employee training records, environmental permits, inspection logs, and emergency response plans. Ensure that these documents are easily accessible anytime, always up to date, and consistently aligned with OSHA and EPA expectations to guarantee a stress-free inspection.

3. Designate a primary point of contact: It is essential to have an appointed compliance coordinator or EHS manager within the company who can communicate with both agencies and coordinate inspection responses. This person should understand both OSHA and EPA regulations, coordinate pre-inspection readiness, facilitate agency access to records and personnel, and help interpret questions or findings in real time.

4. Train internal teams for dual-agency visits: Another important strategy to stay away from violations is preparing employees on the ground, both the supervisors and the staff, on what to expect during dual-agency inspections. The employees must be aware of how to handle questions, present documentation, and escalate concerns if needed. They must also be trained in appropriate behavior and have proper insights about confidentiality boundaries.

5. Stay informed on regulatory updates: Since regulations and enforcement priorities are always evolving, subscribing to OSHA and EPA newsletters to track updates can also be a helpful strategy. Attending webinars about hazardous chemicals, process safety management, and risk management plans is also beneficial to remaining informed about anticipation compliance risks and being able to align internal practices before they draw regulatory attention.

Putting this proactive approach into effect will simplify the inspection process and can help position the company to address potential risks more effectively before they escalate into costly violations. At the same time, maintaining open communication with both agencies builds trust and reduces the adversarial tone of inspections.

As workplace and environmental rules become more complex, I'm convinced that strong coordination between OSHA and EPA is more important than ever. The evolution of the MOU, from its 1991 foundation to the 2025 expansion, signals a clear trend: joint oversight is here to stay, and proactive engagement is the most effective path forward for employers.

FAQs

What’s the difference between EPA and OSHA?

OSHA protects workers by enforcing workplace safety laws, while the EPA protects the environment and public health by regulating pollution, chemicals, and waste. They often overlap but have distinct areas of responsibility.

Do EPA and OSHA work together?

Yes, EPA and OSHA work together through a Memorandum of Understanding (MOU) to coordinate inspections, share data, and align enforcement when environmental hazards also pose risks to worker health and safety.

What is the OSHA-EPA MOU, and why does it matter?

The OSHA-EPA Memorandum of Understanding (MOU) is a formal agreement that outlines how the two agencies realign their processes in inspections, information sharing, and managing overlapping responsibilities in protecting workers and the environment. It helps reduce regulatory confusion and improve enforcement effectiveness.

What triggers a coordinated inspection by OSHA and EPA?

Joint inspections can be triggered by events like chemical releases, major incidents, or complaints that raise both workplace and environmental concerns. If one agency encounters an issue falling under the other’s jurisdiction, the MOU encourages immediate notification and potential collaboration.

Can OSHA and EPA issue different requirements for the same chemical or hazard?

Yes, and this is a common challenge. OSHA may set workplace exposure limits, while the EPA regulates broader environmental impacts. The MOU encourages coordination, but employers must still comply with both agencies’ requirements unless one explicitly overrides the other.

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