Decoding Hazcom Through a Legal Lens
We interview 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 The discussion covers outdated PELs, possible general duty clause enforcement (e.g., a styrene case), the importance of integrating SDS Section 8 into PPE assessments, technology/access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 Abrams
01:07 Allstates Refractory Fallout
02:41 Nondelegation Challenge Explained
05:31 EPA vs OSHA Authority
07:50 Congress and Rulemaking Limits
10:55 MSHA Parallels and Disasters
14:30 Why HazCom Still Matters
15:20 Tort Liability Floodgates
18:00 SDS Breakdown in Practice
24:21 Tech Reliance and Emergencies
29:20 Real World Chemical Incidents
32:02 GHS Updates and Bottlenecks
35:42 Control Banding Fizzles
36:25 GHS Building Blocks
37:49 Global Standards Pressure
39:54 Training Workers Properly
41:08 Multi Employer HazCom Duties
42:11 Z Tables and General Duty
47:19 Silica Rule Delays Fallout
55:11 Reputation and Community Trust
58:11 SDS Driven PPE Assessments
01:03:55 Dusty Binders and Retention
01:08:29 HazCom ROI Final Takeaways
01:10:55 Closing Thanks and Contact
Senior Counsel and Safety Professional
Adele L. Abrams is an attorney, Associate Safety Professional (ASP) and Certified Mine Safety Professional (CMSP) who senior counsel at Littler Mendelson PC, based in Washington, DC, She represents employers in OSHA and MSHA litigation nationwide, and also handles employment law matters in a large number of states. Abrams also provides employment and safety law consultation, safety audits, industrial hygiene assistance, and training services to companies in a variety of industries.
Prior to joining Littler, Abrams was president of the Law Office of Adele L. Abrams for 25 years.
She is a member of the Maryland, D.C., and PA Bars; the U.S. District Courts of Maryland, D.C., and TN; the U.S. Court of Appeals, D.C. Circuit 3rd Circuit, and 4th Circuit; and the United States Supreme Court. She also serves as an adjunct professor at the University of Colorado-Boulder, where she teaches on employment, labor and occupational safety law.
Abrams is a professional member of ASSP and she was awarded the National Safety Council’s Distinguished Service to Safety Award (DSSA) in 2017. She is also an Avetta Fellow.
Abrams has coauthored several textbooks on employment law, occupational and mine safety and health, and is a regular columnist on safety law issues for multiple magazines.
In her spare time, she is a rock and roll DJ.