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OSHA Issues Recommended Practices for Safety and Health Programs

In October, OSHA released its new Recommended Practices for Safety and Health Programs, which were issued to incorporate the experience and advances gained since the previous set of recommendations was released in 1989. ...more

EPA Turns Up the Heat on Refrigerant Regulation

Refrigeration and cooling systems face expanded and tighter regulation under a final rule recently signed by EPA Administrator Gina McCarthy. The rule revises and expands EPA’s regulations for “Ozone-Depleting Substances”...more

EPA Turns Up the Heat on Refrigerant Regulation

Refrigeration and cooling systems face expanded and tighter regulation under a final rule recently signed by EPA Administrator Gina McCarthy. The rule revises and expands EPA’s regulations for “Ozone-Depleting Substances”...more

OSHA Issues New Whistleblower Protection Guidance

In September, OSHA issued new guidance for evaluating settlement agreements between complainants and their employers to protect past and future whistleblowing activities. OSHA reviews these settlement agreements to ensure...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

I-9:  Ways to Avoid Identity Theft

Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching...more

The Chemistry Was Right For TSCA Reform

In a rare bipartisan effort, Congress overwhelmingly passed a bill significantly reforming the chemical safety provisions of the Toxic Substances Control Act (“TSCA”) for the first time in its forty-year history. The Frank...more

OSHA To Require Public Disclosure of Workplace Injuries and Illnesses

OSHA recently announced a final rule to improve tracking of workplace injuries and illnesses. Under the new rule, employers will be required to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s...more

OSHA Enacts Sweeping Silica Rule

On March 25, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rule cutting in half the Permissible Exposure Limit (“PEL”) for respirable crystalline silica down to 50 micrograms per cubic...more

OSHA’s Reporting and Recordkeeping Rule: One Year Later

OSHA’s updated reporting and recordkeeping rule, found at 29 C.F.R. 1904, went into effect in January 2015. We summarized these new requirements on the blog, which require employers to report severe workplace injuries,...more

How Secure is that Government Order? Recent Case Law Says Not Very

Many manufacturers have found themselves in the position of negotiating an order with an environmental agency over environmental conditions at a site. Oftentimes, these orders are the result of extensive negotiations, and...more

Environmental, Health & Safety – What to Watch in 2016

To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016....more

DOJ to Increase and Strengthen Criminal Worker Safety Prosecutions

With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations. In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced...more

OSHA Penalties to Increase in 2016

As a result of the Bipartisan Budget Act of 2015 (Budget Act), the Occupational Safety and Health Administration (OSHA) will increase its maximum civil monetary penalties for the first time since 1990....more

CERCLA Update: Court Reverses Divisibility Ruling

Earlier this year, we reported on a case that seemed to breathe new life into the divisibility defense under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  Under CERCLA, a party that...more

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

EPA To Propose Overhaul of RCRA Generator Regulations

EPA is poised to publish a proposed rule revising regulations applicable to hazardous waste generators under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (RCRA). The proposed rule, which has not yet...more

OSHA Updates National Emphasis Program on Amputations

In August 2015, OSHA updated its National Emphasis Program (NEP) on Amputations.  Based on a review of data from general industry as well as targeted industries, OSHA determined that workplace amputations were being...more

Does Next Generation Compliance Mean Expanded Enforcement?

EPA is in the process of rolling out Next Generation Compliance, or NextGen, in an effort to make its programs more effective, facilitate compliance, and, ultimately, enhance environmental benefit.  But in many ways, NextGen...more

Major Expansion of EPA Rules for Underground Storage Tanks

On July 15, 2015, the United States Environmental Protection Agency (EPA) published a final rule significantly expanding its program for underground storage tank (UST) systems that store petroleum or hazardous substances....more

Disclosing Violations to EPA in a Digital Age

Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more

Superfund Divisibility Defense Gets New Life

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

OSHA Hazard Communication Standard Deadline Fast Approaching – Say Hello to New Safety Data Sheets

It seems like so long ago (just over three years, to be exact) that OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations’ Globally Harmonized System of Classification and Labelling of...more

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