After much anticipation and debate, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS), contained in 29 C.F.R. Part 1910, Subpart U, on June 10, 2021, but solely for...more
OSHA’s hazard communication standard (HCS) is the principal federal requirement governing labels and safety data sheets (SDSs) for hazardous chemicals used in the workplace in the United States. OSHA has proposed to update...more
On January 29, 2021, OSHA released new COVID-19 guidance in accordance with the January 21, 2021 Executive Order on Protecting Worker Health and Safety. The new guidance, entitled “Protecting Workers: Guidance on Mitigating...more
A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the...more
Michigan’s emergency COVID-19 worker safety rules took effect on October 14, 2020. The rules apply to all employers covered under Michigan’s occupational safety and health act. The Michigan Occupational Safety and Health...more
Oregon has joined Michigan and Virginia in adopting an emergency temporary rule for COVID-19. On November 6, 2020, Oregon Occupational Safety & Health (Oregon OSHA), a division of the Department of Consumer & Business...more
On October 27, 2020, the Tenth Circuit upheld a series of OSHA citations that were issued to an oil refining company following a fatal boiler explosion. In doing so, the Tenth Circuit upheld OSHA interpretations that...more
Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more
Companies that may need to disclose environmental penalties and other environmental information to the Securities and Exchange Commission (SEC) should take note: The disclosure rules are changing. Late last month the SEC...more
Five and a half years after proposing changes to its significant new use rules (SNURs) on per- and polyfluoroalkyl substances (PFAS), EPA has finally released a final rule. On June 22, 2020, EPA issued (in prepublication...more
Key Takeaways:
• What Happened: FDA updated its temporary hand sanitizer production policies to permit use of fuel- or technical-grade ethanol that contains certain impurities up to given limits.
• Who’s Impacted:...more
Key Points:
• OSHA updated its guidance on inspections related to COVID-19 and on recordkeeping for COVID-19 cases on May 19.
• OSHA has extensive guidance on other aspects of protecting employees from the novel...more
Chemical manufacturers and importers may now begin preparation of their 2020 TSCA Chemical Data Reporting (CDR) submissions in earnest. In two separate pre-publication Federal Register notices, EPA has finalized its 2020 CDR...more
Key Takeaways:
• What Happened: FDA announced temporary relief from certain premarket regulatory requirements pertaining to certain new or modified medical devices intended for use against the novel coronavirus....more
In one action, EPA has solved the problem faced by thousands of companies as they prepare to comply with the Toxic Substances Control Act (TSCA) fees rule self-notification requirement. On March 25, 2020, EPA release a...more
During Inventory Reset in 2017-2018, did your company assert on Form A confidentiality claims for chemical identities on the confidential Toxic Substances Control Act (TSCA) Inventory? If so, you risk having EPA make those...more
Beware of fraudulent claims that products will kill the coronavirus (officially, the Novel Coronavirus SARS-CoV-2) or cure the disease caused by that virus (Novel Coronavirus Disease 2019, abbreviated as COVID-19). The Food...more
As the number of novel coronavirus (COVID-19) illness cases continue to grow in the United States, employers should be aware of their legal obligations under the Occupational Safety and Health Act of 1970 (“OSH Act”) and key...more
If your facility has a significant accidental release of a hazardous chemical, your team will need to respond immediately, particularly if the release threatens the public, workers, or the environment. But don’t forget to...more
Who is subject to the upcoming obligation to self-identify as a manufacturer of a high-priority substance and pay a portion of a fee of more than a million dollars under EPA’s Toxic Substances Control Act (TSCA) fees rule? ...more
With the enactment of the PFAS Act of 2019 and related provisions in December, opposing forces in Congress came together to force regulatory action on several different aspects of per- and poly-fluorinated substances (PFAS)....more
California’s Occupational Safety and Health Standards Board adopted a new safety rule on January 16, 2020, requiring employers to provide employees with access to their written Injury and Illness Prevention Plan (IIPP) within...more
Companies now have more guidance on how to communicate Proposition 65 warnings for products sold through distributors. The California Office of Environmental Health Hazard Assessment (OEHHA) finalized the amendments proposed...more
The chemical 1,4-dioxane has become a hot topic for EPA and state regulators. New York recently adopted a law banning more than trace amounts of the chemical in cosmetics, personal care products, and cleaning products....more
A centerpiece of EPA’s PFAS Action Plan, issued in February 2019, is finalizing a 2015 proposed rule under the Toxic Substances Control Act (TSCA) that would amend two significant new use rules (SNURs) on some 500...more