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02/19/2024

Canada: Federal Court rejects listing of Plastic Manufactured Items as “Toxic Substances” under Canadian Environmental Protection Act

Among its many provisions, the Canadian Environmental Protection Act (CEPA) creates several lists of “toxic substances,” and empowers Environment and Climate Change Canada (ECCC) to revise the list

02/13/2024

Huge Clean Air Act settlement against truck emission cheater

On January 10, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Department of Justice, and the California Air Resources Board (ARB) filed a settlement agreement with Cummins, Inc. covering nearly one million Ram vehicles for which Cummins supplied diesel engines with illegal software-based...

02/09/2024

OSHA issues new Process Safety Management Standard enforcement guidance

The Occupational Safety and Health Administration’s (OSHA’s) Standard for Process Safety Management of Highly Hazardous Chemicals (usually referred to as “PSM”) requires extensive risk assessments and reduction efforts by facilities where a significant incident involving these chemicals migh...

02/06/2024

Federal Agencies Adjusting Civil Penalty Levels for Inflation

Many laws provide for civil – and sometimes even criminal – penalties for noncompliance. New legislation typically sets penalty levels (“### dollars per day of violation” for example), at levels intended to provide meaningful deterrence and punishment for noncompliance.

02/01/2024

Nearly time for hazardous waste biennial reports

Federal laws (commonly referred to as RCRA, after the Resource Conservation and Recovery Act of 1976) provide comprehensive management requirements for parties involved in hazardous waste management, from “cradle to grave” covering generators, transporters, and offsite management facilities. Amo...

01/19/2024

OSHA proposing Emergency Response Standard

On December 21`, 2023, the Occupational Safety and Health Administration (OSHA) announced a notice of proposed rulemaking (NPRM) to develop an Emergency Response Standard that will update, expand and supersede OSHA’s existing Fire Brigades Standard. The new standard will extend detailed OSHA prote...

01/09/2024

OSHA encourages switch from hard hats to safety helmets

On November 22, the Occupational Safety and Health Administration (OSHA) issued a Safety and Health information Bulletin (SHIB) discussing “safety helmets” as evolved alternatives to traditional hard hats, and offering recommendations for situations where employers should switch.

01/05/2024

OSHA requires workplace noise controls

The Occupational Safety and Health Administration (OSHA) Region 3 (covering Delaware, Pennsylvania, West Virginia, and the District of Columbia) has renewed a Regional Emphasis Program under which it focuses inspection resources on “High Level Noise.” This announcement provides a useful reminder...

12/19/2023

OSHA reminds employers about duty to keep young workers safe

The Occupational Safety and Health Administration (OSHA) provides a “Young Workers - You have rights!” webpage on its website, compiling regulatory and practical information for employers and workers. As we approach the annual spike in youth employment during the end-of-year Holidays, this provi...

12/15/2023

California adopts general requirements for workplace violence prevention

California’s governor Gavin Newsom signed Senate Bill (SB) 553, which expands the state’s workplace violence prevention (WPV) requirements, adding duties and rights for most employers in the state. Most importantly, SB 553 requires all non-exempt employers in the state to create WPV plans. These...

12/14/2023

California enacts two new climate-related reporting laws

California’s governor Gavin Newsom signed two important bills expanding climate-related reporting requirements for targeted organizations doing business in the state – SB 253 and SB 261

12/06/2023

WorkSafeBC reminds employer to prevent slips, trips and falls

WorkSafeBC, British Columbia’s provincial occupational health and safety (OHS) regulator and workers’ compensation overseer, issued a reminder to employers to address the hazards of workplace slips, trips and falls.

11/30/2023

Deadlocked Supreme Court of Canada allows restriction of owner-employer contracting out OHS responsibilities to contractors - In a watershed moment for the construction industry, the Supreme Court of Canada recently delivered a split verdict in the case of R. v. Greater Sudbury (City), a decision that has far-reaching implications for owners involved in construction projects governed by Ontario's occupational health and safety (OHS) legislation.

In a watershed moment for the construction industry, the Supreme Court of Canada recently delivered a split verdict in the case of R. v. Greater Sudbury (City), a decision that has far-reaching implications for owners involved in construction projects governed by Ontario's occupational health and sa...

11/06/2023

EPA proposes management requirements for equipment containing HFCs

On October 19, 2023, the US Environmental Protection Agency (EPA) proposed to establish requirements for the management of hydrofluorocarbons (HFCs) potentially released from equipment during maintenance or other services, and to spend HFCs.

10/23/2023

New EPA website compiles agency cancer prevention efforts

On September 13, the US Environmental Protection Agency (EPA) added to its website a portal with information about the agency’s many regulatory, research and informational efforts addressing carcinogen hazards and controls.

09/27/2023

Pollution Prevention Plan requirements under Canadian Environmental Protection Act

The Canadian Environmental Protection Act of 1999 (CEPA) provides a variety of federal environmental protection provisions throughout Canada.

09/22/2023

EPA’s Climate Smart Brownfields Manual

Several national laws empower the US Environmental Protection Agency (EPA) to set standards for the cleanup of contamination that resulted from accidental or deliberate releases of chemicals and other materials onto land or into water.

09/19/2023

EPA and Corps of Engineers redefine “Waters of the United States” in response to Supreme Court

On September 8, 2023, the US Environmental Protection Agency (EPA) and US Army Corps of Engineers (Corps) adopted revised definitions of “waters of the United States” (WOTUS) which is a critical but undefined term in the Clean Water Act (CWA).

09/15/2023

EPA announces enforcement priorities for 2024-2027

On August 17, the US environmental Protection Agency (EPA) issued a memorandum announcing its National Enforcement and Compliance Initiatives and continuing enforcement priorities for the upcoming fiscal years 2024-2027.

09/13/2023

OSHA proposes to clarify inspection procedures

OSHA regulations include inspection procedures (29 CFR 1903), which OSHA proposed on August 30, 2023 to clarify and revise slightly.

08/29/2023

EPA proposes non-detect lead contamination standards after residential abatement

On August 1, 2023, the Environmental Protection Agency (EPA) proposed to tighten post-remediation clearance levels as low as “non-detect.”

08/22/2023

EPA to reconsider management of containers that held hazardous waste

The Environmental Protection Agency applies under the Resource Conservation and Recovery Act to set national requirements for containers that may be contaminated after use to accumulate hazardous wastes.

05/29/2023

Supreme Court narrows “Waters of the United States” - On May 25, the United States Supreme court issued its latest decision interpreting the term “waters of the United States”

On May 25, the United States Supreme court issued its latest decision interpreting the term “waters of the United States”

05/15/2023

Federal Agencies Adjust Civil Penalty Levels for Inflation

05/08/2023

EPA publishes Draft National Strategy to Prevent Plastic Pollution

05/03/2023

OSHA Medical Services and First Aid requirements

OSHA “Medical Services and First Aid Standard” requires employers to provide their employees with ready access to medical attention, including treatment and consultation in the event of an occupational injury or illness.

04/28/2023

Corporate Sustainability Reporting Directive requirements are coming

Beginning in 2024, the European Union’s (EU’s) Corporate Sustainability Reporting Directive (CSRD) will expand EU rules for corporate reporting of social and environmental information

04/25/2023

European Union Non-Financial Reporting Directive requirements

04/12/2023

Biden Administration again requests significant OSHA budget increases

Biden Administration again requests significant OSHA budget increases.

04/07/2023

Protecting young workers

Recent enforcement actions provide reminders that young workers are subject to special legal protections – special requirements apply to workers 14-24 and prohibit most employment of even younger people.

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