Category: Regulatory Developments

OSHA Cites NJ Contractor for Settlement Agreement Violations

The Occupational Safety and Health Administration (OSHA) cited a Bergen County, New Jersey, roofing contractor with violating a settlement agreement and 10 new safety violations. The agency is now seeking $600,741 in penalties for the new violations. Janiec Roofing Inc. of Lodi, New Jersey, entered into a settlement agreement with OSHA after two 2019 inspections […]

EPA Considers Placing Limits on PFAS in Drinking Water

On July 12, 2021, the EPA announced per- and polyfluoroalkyl substances (PFAS) are among a new group of contaminants being considered for monitoring under the Safe Drinking Water Act. The PFAS were part of the EPA’s “Draft Contaminant Candidate List 5 (CCL 5), which provides the latest list of drinking water contaminants that are known […]

Ignoring OSHA Safety Standard Not ‘Reasonable’ Accommodation

Most employers know the Americans with Disabilities Act (ADA) requires them to consider a disabled employee’s request for a reasonable accommodation so she can perform an essential function of her position. In a recent decision, the U.S. Court of Appeals for the Second Circuit (whose rulings apply to all New York employers) held an employee’s […]

Oregon-OSHA Adopts Temporary Heat Safety Rules in Wake of Historic Temperatures

The entire Pacific Northwest region has suffered through a recent period of unprecedentedly high temperatures, even for summer. In response, the Oregon Occupational Safety and Health Administration (Oregon-OSHA) has adopted emergency heat safety rules that apply whenever employees must work when the heat index is 80 degrees or more.  What Is Heat Index?  The heat […]

California wildfire

Cal/OSHA Warns Employers of Wildfire Smoke Hazards

The California Division of Occupational Safety and Health (Cal/OSHA) on July 13 reminded employers of their obligation to comply with the state’s protection from wildfire smoke standard, which requires employers to take steps such as moving work operations, modifying work schedules, or providing proper respiratory protection such as N95 respirators in the event of wildfires. There […]

Colorado Whistleblower Complaint Launches Air Permitting Investigation

On July 1, 2021, Colorado Attorney General Phil Weiser announced that attorneys at Troutman Pepper Hamilton Sanders LLP have been appointed as special assistant attorneys general to conduct an independent investigation into “allegations regarding alleged improper non-enforcement of air quality standards as alleged by certain Air Pollution Control Division staff at the Colorado Department of […]

EPA Indicates Amendments for Aerosol Coatings Standards

The EPA’s Spring Regulatory Agenda indicates it will amend volatile organic compound (VOC) emissions standards for Aerosol Coatings under Section 183(e) of the Clean Air Act (CAA). The agency plans to complete the amended rule by year end 2021. Why Is This Action Necessary? Aerosol coatings regulations apply to aerosol spray paints, which have been […]

Navajo Nation Sees Relief in Lawsuit Over Navigable Waters Definition

New Mexico is known as the “Land of Enchantment,” but it is also a state without a lot of bodies of water. When the Trump administration changed the “navigable waters” definition to include only waters that flowed year-round, both New Mexico and Arizona were particularly hard hit, as the majority of their waterways don’t have […]

Carbon Capture Bills Gathering Steam in Congress

Several bills creating benefits and financing for carbon capture have been introduced in Congress and are seeing movement through bipartisan support.  Carbon capture, also known as carbon capture, utilization, and sequestration (CCUS), is the process of gathering carbon dioxide (CO2) emissions, typically from sources such as coal-fired power plants. Once captured, the greenhouse gas is […]

California and COVID-19

Taking a Closer Look: Understanding Cal/OSHA’s Latest COVID-19 Prevention ETS Revision

As reported in last week’s update, the California Occupational Safety and Health Standards Board recently adopted the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 emergency temporary standard (ETS) regulation. On the same day as Cal/OSHA’s update, California Governor Gavin Newsom also signed Executive Order (EO) N-09-21, bypassing the standard 10-day approval period and allowing […]