Category: EHS Administration

EPA Proposes Stronger RMP Regulations

The EPA recently proposed revisions to strengthen the Risk Management Program (RMP) rule, including enhanced employee participation and transparency for communities on safety decisions. The RMP rule requires industrial facilities with high accident rates to prevent accidental air releases of dangerous chemicals that could cause deaths, injuries, or property and environmental damage or require evacuations […]

EPA Proposes PFOA And PFOS Designation as Hazardous Substances

On August 26, 2022, the EPA proposed to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” These substances are two of the most widely used per- and polyfluoroalkyl substances (PFAS), which are […]

3 Problems With Cutting Your Safety Program

Experts have gone back and forth about whether we’re technically in a recession. But as the dust settles, one thing’s clear: companies feel like there’s an economic slowdown—and they’re looking for ways to cut costs. For many companies, safety programs might be first on the chopping block. But if you’re thinking about a program cut, […]

Climate Lawsuits Sent Back to State Courts

In an opinion dated August 17, 2022, the 3rd Circuit Court of Appeals upheld federal district court rulings in Delaware and New Jersey that state courts are the proper venue for two climate change lawsuits brought against big oil companies. Two different lawsuits, one filed by the City of Hoboken and the other by the […]

OSHA Orders Wells Fargo to Pay Whistleblower $22 Million

On September 1, the Occupational Safety and Health Administration (OSHA) announced that Wells Fargo violated the whistleblower protection provisions of the Sarbanes-Oxley Act by improperly terminating a Chicago area-based senior manager in the company’s commercial banking segment. The agency ordered the San Francisco-based bank to pay the employee more than $22 million to cover back […]

What Does the IRA Mean for Climate Change Regulations?

Although the Inflation Reduction Act (IRA) contains many incentives for companies to decarbonize, it also contains a hidden gem for the EPA by quietly bolstering the Clean Air Act (CAA). “The IRA repeatedly defines greenhouse gas (GHG) as a form of air pollution,” reports The Atlantic. “It amends several sections of the [CAA] to define […]

Preventing Heat-Related Injuries

With the Occupational Safety and Health Administration’s (OSHA) National Emphasis Program (NEP) on Outdoor and Indoor Related Hazards being effective as of April 8, 2022, employers are advised to take note of the program’s instructions to avoid “largely preventable” heat-related illnesses. “Despite widespread under-reporting, 43 workers died from heat illness in 2019, and at least […]

Changes to the EPA’s Safer Chemicals Ingredients List

In recent weeks, the EPA has made two announcements about new chemicals added to its Safer Chemicals Ingredients List (SCIL). The SCIL is a “living list of chemicals by functional-use class that EPA’s Safer Choice program has evaluated and determined meet the Safer Choice Standard.” Products containing chemicals on the SCIL are the gold standard […]

New SNUR Requirements Will Better Protect Worker Health

In July 2022, the EPA finalized amendments to its requirements for Significant New Use Rules (SNURs) to better protect the health of workers. One of the uses of SNURs is to require notice to the EPA before chemical substances and mixtures are used in new ways that might create health concerns. These amendments strengthen requirements […]

West Virginia Case Raises Questions About the Future of Administrative Law

Much news has been written about the U.S. Supreme Court’s (SCOTUS) June 2022 decision in West Virginia v. EPA. There have been dire headlines and equally dark predictions about what limited regulatory authority lies ahead for the EPA. In reality, the ruling has little to no impact on current EPA regulations. However, careful analysis of […]