Would industrial hygiene assessments need to be considered for TSCA §8(e) reporting?
A.38. Typically no. Such assessments are often conducted in situations where potential exposure to the chemical has already been identified. For example, contamination of workplace air or surfaces by substances known to the manufacturer and EPA, such as Occupational Safety and Health Administration (OSHA) regulated substances, would not need to be examined for §8(e) reporting under Part V. (b)(1) of the TSCA Section 8(e) Reporting Guidance because they are not “previously unsuspected.” However, information should be considered for reporting if it reasonably supports a conclusion of substantial risk (combination of toxicity and exposure) that was previously unknown. In order for workplace situation to be reportable under TSCA §8(e), it would need to be previously unsuspected and involve serious toxic effects. Also, a sudden release of a large quantity of an OSHA regulated substance may need to be considered for TSCA §8(e) reporting as an emergency incident of contamination, depending on
