Decoding Hazcom Through a Legal Lens

The host interviews Adele Abrams, an attorney and safety professional at Littler Mendelson, about legal and practical risks facing OSHA/MSHA regulation and HazCom. Abrams explains the Allstates Refractory nondelegation argument—revived by Justices Thomas and Gorsuch—and a new Fifth Circuit case that could invalidate many OSHA rules issued under general rulemaking authority, potentially shrinking the CFR and affecting MSHA similarly, amid a broader Trump-era deregulatory review. She warns that weakening HazCom could increase tort exposure for manufacturers and employers by removing a key “sophisticated user” defense tied to robust SDS communication and training. The discussion covers outdated PELs, possible general duty clause enforcement (e.g., a styrene case), the importance of integrating SDS Section 8 into PPE assessments, technology/access failures at remote sites, SDS retention for long-latency illness claims, and why HazCom remains a top-cited, life-saving standard.00:00 Meet Adele Abrams01:07 Allstates Refractory Fallout02:41 Nondelegation Challenge Explained05:31 EPA vs OSHA Authority07:50 Congress and Rulemaking Limits10:55 MSHA Parallels and Disasters14:30 Why HazCom Still Matters15:20 Tort Liability Floodgates18:00 SDS Breakdown in Practice24:21 Tech Reliance and Emergencies29:20 Real World Chemical Incidents32:02 GHS Updates and Bottlenecks35:42 Control Banding Fizzles36:25 GHS Building Blocks37:49 Global Standards Pressure39:54 Training Workers Properly41:08 Multi Employer HazCom Duties42:11 Z Tables and General Duty47:19 Silica Rule Delays Fallout55:11 Reputation and Community Trust58:11 SDS Driven PPE Assessments01:03:55 Dusty Binders and Retention01:08:29 HazCom ROI Final Takeaways01:10:55 Closing Thanks and Contact