On July 23, the Occupational Safety and Health Administration (OSHA) announced it is seeking nearly $1 million in penalties from four employers at a poultry processing facility where six OS workers died from nitrogen exposure caused by a malfunctioning freezer. After a shift began on January 28 at a Gainesville, Georgia, poultry processing facility, a […]
Category: Enforcement and Inspection
As today’s workplace becomes more complex, regulation of that workplace increases. In this section, you’ll find the practical advice you need to understand exactly what OSHA, other federal agencies, and their state counterparts, require of you, and to comply in the ways that best satisfy both your and their needs. Look also for important court decisions, advice on how to handle enforcement actions, and news of upcoming changes in workplace health and safety law.
Free Special Report: What to Expect from an OSHA Inspection
Melissa Hodgman, acting director of the Securities and Exchange Commission’s (SEC) Enforcement Division, indicated that the SEC expects to look more closely at “green” investments in the future. Her comments were made at a Managed Funds Association webcast, according to Law 360. Her remarks come on the heels of the SEC’s March 4, 2021, announcement […]
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 […]
On June 30, 2021, EPA announced policy changes for chemical risk evaluations conducted as required by the Toxic Substances Control Act. This provides a new path forward for the first 10 chemicals to go through risk evaluation: 1,4-Dioxane 1-Bromopropane Asbestos Carbon Tetrachloride Cyclic Aliphatic Bromide Cluster (HBCD) Methylene Chloride N-methylpyrrolidone (NMP) Pigment Violet 29 (PV29) […]
By a narrow margin, on June 29, 2021, the U.S. Supreme Court ruled states cannot use sovereign immunity as a defense to prevent federally approved pipeline projects from being built on state-owned land.
Whistleblowers responsible for completing chemical risk assessments have come forward with allegations that their reports have been and continue to be “improperly altered to completely eliminate or minimize risk calculations,” according to a complaint filed by Public Employees for Environmental Responsibility (PEER) on behalf of four scientists who work in EPA’s Office of Chemical Safety […]
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 […]
On June 21, 2021, EPA Acting Assistant Administrator Lawrence Starfield issued a unique memorandum setting up steps outlining how EPA will work with the Department of Justice (DOJ) to aggressively utilize existing resources to “strengthen enforcement of violations of cornerstone environmental statutes” in communities overburdened by pollution. The memo was addressed to senior managers and […]
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 […]
In March, OSHA issued its Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19). The updates extend existing OSHA protections for workplace safety whistleblowers, explicitly stating those protections apply to those who report COVID-19 related violations at the workplace by creating a National Emphasis Program (NEP). Higher Risk Industries In addition, the memo also classifies […]