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

New PBT Chemical Rulemaking and Compliance Extension

The EPA announced September 3 it will initiate new rulemaking and plans to propose new rules for five persistent, bioaccumulative, and toxic (PBT) chemicals subject to risk management rules under the Toxic Substances Control Act (TSCA). In conjunction with this announcement, the EPA is also taking action to provide an extension on the compliance dates […]

Massachusetts Wetland Ruling Creates Complications for Property Buyers

The Massachusetts Supreme Judicial Court (Mass SJC) ruled on August 31 that the local conservation commission can sue new owners of real estate to require them to restore wetlands that were filled illegally, even decades after the illegal filling occurred. With this ruling in Conservation Comm’n of Norton v. Pesa, SJC-13058, the triggering event becomes […]

EPA Guidance on CWA WET Tests Challenge Dismissed

The Ninth Circuit Court of Appeals on August 5 dismissed a challenge to EPA guidance documents in Southern California Alliance of Publicly Owned Treatment Works, et al. v. U.S. Environmental Protection Agency. Guidance documents are often issued by agencies such as the EPA to provide government entities with a means to move quickly without having […]

Farmworkers Face Heat Risk Despite Regulations

Farmworkers in California remain at risk for heat-related illness despite farms’ compliance with the state’s heat illness prevention program standard, according to research from the National Institute for Occupational Safety and Health (NIOSH).  Around 7% of farmworkers studied were at risk for heat-related illness despite compliance with California Division of Occupational Safety and Health (Cal/OSHA) […]

Senators Say Biofuel Program Hurts Big Oil

Seventeen Republican senators on August 23 sent EPA Administrator Michael Regan a letter urging him to waive or significantly lower the 2020 renewable volume obligation (RVO) for Renewable Fuel Standard (RFS) compliance and set the 2021 and 2022 “RVOs at levels that comport with reality.” Led by Sen. Pat Toomey, R-Pa., and joined by 16 […]

OSHA Cites Republic Steel for Repeat Violation

The Occupational Safety and Health Administration (OSHA) cited Republic Steel for one repeat, seven serious, and three other-than-serious safety violations, seeking a proposed $220,399 in penalties. According to the agency, Republic’s Canton, Ohio, automotive steel mill did not install adequate machine guarding, implement lockout/tagout measures, or train workers on safety procedures, exposing its employees to […]

EPA Seeks Comments for Guidance on CDR Exemption Petitions

Manufacturers and importers of chemical substances listed on the EPA’s Toxic Substances Control Act (TSCA) Inventory are advised the EPA has published notice seeking comments for guidance on some of the processes applicable to TSCA Chemical Data Reporting (CDR) regulations.  The comments sought apply specifically to “[p]etitions for full exemption of byproduct substances that are […]

Review Commission Downgrades, Vacates Citations

The Occupational Safety and Health Review Commission August 26 downgraded a willful citation issued by the Occupational Safety and Health Administration (OSHA) to serious for a Trenton, New Jersey, manufacturer’s failure to administer annual audiograms. The commissioners also vacated a machine guarding citation, ruling that the agency failed to demonstrate employee exposure. OSHA opened an […]

Limiting Air Emissions From Scrap Metal Recycling

The EPA issued an enforcement alert about Clean Air Act (CAA) emissions violations at scrap metal recycling facilities in late July 2021. Emissions from these facilities are contributing to violations of the National Ambient Air Quality Standards (NAAQS) for ozone. “Over 250 metal recycling facilities are currently operating with a shredder in the United States,” […]

Cal/OSHA Encourages Employer Mask Compliance

The California Division of Occupational Safety and Health (Cal/OSHA) encouraged the state’s employers and workers to follow recently updated guidance from the California Department of Public Health (CDPH) recommending that all individuals wear face coverings while indoors regardless of COVID-19 vaccination status. In California, masks are recommended for everyone in indoor settings and required for […]