We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more
10/19/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more
9/30/2021
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Natural Resources ,
Navigable Waters ,
Permits ,
Point Sources ,
SCOTUS ,
Waters of the United States
As part of the Biden Administration's efforts to protect workers, the White House announced formal efforts to address heat-related illnesses. The first step is OSHA's recent memo establishing an enforcement initiative to...more
9/21/2021
/ Biden Administration ,
Construction Site ,
Construction Workers ,
Corporate Counsel ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
OSHA ,
Regulatory Agenda ,
Rulemaking Process ,
Workplace Hazards ,
Workplace Safety
On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more
9/13/2021
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturing Facilities ,
Meat Processing Plants ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Wastewater ,
Water Pollution
On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country. ...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
At long last, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), after the Office of Management and Budget concluded stakeholder meetings on Wednesday, June 9. ...more
6/15/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health ,
Workplace Safety
In response to the Centers for Disease Control and Prevention's (CDC) May 13 update of two key guidance documents that now show fully vaccinated people no longer need to wear a mask or physically distance, local and state...more
5/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
As mandated in President Biden's January 21 Executive Order on Protecting Worker Health and Safety, the Department of Labor (DOL) on March 12 issued the latest piece of the puzzle with a National Emphasis Program –...more
On March 1, Texas Governor Greg Abbott rescinded the state-wide executive orders requiring face coverings and creating business operational restrictions. Effective March 10, 2021, the mask mandate will be lifted and...more
The Biden administration hit the ground running on its initiative to "confront the climate crisis." On January 20, 2021, President Biden signed Executive Order 13,990 (EO), which directed all federal agencies to "immediately...more
2/8/2021
/ Biden Administration ,
Climate Change ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Natural Resources ,
Policy Statement ,
Supplemental Environmental Project (SEP) Policy ,
Urban Planning & Development
Several of the first actions signed by President Biden following his inauguration were directly aimed at worker safety. ...more
As mandated in President Biden's Executive Order on Protecting Worker Health and Safety, on January 29, OSHA issued a new guidance document, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Remote Working ,
Telecommuting ,
Vaccinations ,
Workplace Safety
With a new year approaching, so does the imminence of a new presidential administration. The Biden team and transition team have laid out environmental policies since early in the campaign....more
Arizona Executive Order -
Arizona’s Governor Doug Ducey issued an executive order laying out efforts to contain the spread of COVID-19. This executive order follows a spike in confirmed COVID-19 cases after Arizona...more
16,000 nationwide complaints to OSHA agencies since April prompt sector-specific guidance -
OSHA continues to publish new COVID-19 guidance, including issuance of a recent construction work guidance on May 26. As employee...more
On June 4, 2020, the Kansas Legislature passed the COVID-19 Response and Reopening for Business Liability Protection Act. It now goes to Governor Laura Kelly for signature....more
6/10/2020
/ Best Practices ,
Civil Liability ,
Coronavirus/COVID-19 ,
Damages ,
Fines ,
Goods or Services ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Legislative Agendas ,
Manufacturers ,
Penalties ,
Policies and Procedures ,
Public Health Emergency ,
Workplace Safety
The CDC, OSHA and other local, state and federal agencies continue to rapidly issue and modify guidance related to COVID-19. As states are in various phases of reopening, employers must continue to keep a watchful eye and...more
As the curve of COVID-19 infections begin to level off, employees recover from infections, and as government shelter-in-place and similar orders begin to expire, businesses are confronted with the complexities of returning...more
5/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Relations ,
OSHA ,
Personal Protective Equipment ,
Popular ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
Since the COVID-19 pandemic, federal, state and local agencies have adapted their procedures to both working remotely and allowing certain flexibilities for companies if specific efforts are made. ...more
This week, the U.S. Supreme Court issued its long-awaited opinion in County of Maui v. Hawaii Wildlife Fund, regarding whether the discharge of pollutants via groundwater requires a Clean Water Act (CWA) permit. This holding...more
4/25/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The Centers for Disease Control and Prevention (CDC) recently recommended the use of cloth face coverings in public as an “additional, voluntary public health measure” to slow the spread of COVID-19. ...more
4/15/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On April 1, 2020 the U.S. Department of Labor (DOL) issued a temporary rule promulgating regulations on the Families First Coronavirus Response Act (FFCRA), which created two new emergency paid leave requirements in response...more
4/7/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 12, 2020, the U.S. Department of Justice's Environment and Natural Resources Division (ENRD) published a memorandum that ceases the future use of Supplemental Environmental Projects (SEP) in settlement agreements to...more
FDA recently issued two immediately effective guidance documents to help increase the availability of hand sanitizer to the public and health care personnel due to shortages brought about by the COVID-19 pandemic. One of the...more
Earlier this month the Trump Administration issued two executive orders limiting federal agencies’ use of informal guidance documents to regulate conduct. "Informal guidance documents" are generally understood to include...more
10/22/2019
/ Enforcement Authority ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Government Agencies ,
Policy Memorandums ,
Regulatory Agencies ,
Regulatory Reform ,
Regulatory Standards ,
Transparency ,
Trump Administration