PFAS — perfluoroalkyl and polyfluoroalkyl substances — have been on the scene for years now, but we expect to see exponential growth in all things PFAS in 2024....more
The EPA is seeking comments on a newly released, revised guidance document regarding the consideration of environmental justice (EJ) concerns in the rulemaking process. The guidance document updates a 2016 version and...more
At the end of March, a new OSHA policy will go into effect expanding penalties for instance-by-instance (IBI) citations. The move signals OSHA’s stated commitment to increased enforcement in 2023 and beyond....more
3/2/2023
/ Citations ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Manufacturing Facilities ,
OSHA ,
Policy Statement ,
Regulatory Agenda ,
Regulatory Reform ,
Safety Inspections ,
Safety Violations ,
Workplace Safety
This week, we wrap up our forecast of annual trends with a focus on environmental, health, and safety issues that we expect many manufacturers may face this year.
1. ESG Developments...more
1/25/2023
/ CERCLA ,
Climate Change ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Public Health ,
Regulatory Requirements
While we await the SEC’s proposed rules regarding mandatory climate change disclosures (signaled to be coming as soon as next Monday, March 21), the SEC has been digging in to company filings to scrutinize how, if at all, its...more
Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of...more
1/20/2022
/ Coronavirus/COVID-19 ,
Discharge of Pollutants ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
General Duty Clause ,
Health & Safety Standard ,
Infectious Diseases ,
Manufacturer Liability ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Pollution Control ,
Popular ,
Workplace Safety
On August 30, 2021, a federal court in Arizona struck down the Trump WOTUS rule, citing the serious errors in enacting the rule, as well as the serious environmental harm that it has caused....more
On June 21, 2021, OSHA made big news by publishing its COVID-19 Emergency Temporary Standard for the Healthcare Industry (ETS). While the ETS does not apply to most manufacturing facilities, OSHA also updated its general...more
As we reported at the beginning of the year, President Biden has been making environmental justice one of his priorities since long before he took office. The United States Environmental Protection Agency (EPA) recently took...more
As a part of its ongoing efforts to increase workplace attention on COVID-19, OSHA recently released a new COVID-19 National Emphasis Program (NEP), signaling a commitment to expand its inspection and enforcement efforts to...more
This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new...more
1/15/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Environmental Policies ,
Health and Safety ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Regulatory Reform ,
Workplace Safety
As COVID-19 cases have continued to rise across the United States, so have COVID-related OSHA complaints and investigations. OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations...more
Since at least March, manufacturers, and the entire U.S. economy, have been experiencing unprecedented conditions as a result of the COVID-19 pandemic. COVID-19 has not only changed where and how manufacturers operate, but...more
9/4/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health & Safety Standard ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OIG ,
OSHA ,
Whistleblowers ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
As the country slowly begins the reopening process, OSHA has issued two new guidance documents—an Updated Interim Enforcement Response Plan for COVID-19 and Revised Enforcement Guidance for Recording Cases of COVID-19....more
5/21/2020
/ AFL-CIO ,
Employer Liability Issues ,
Essential Workers ,
Manufacturing Facilities ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Sick Employees ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
In these days of working from home and managing countless other demands on our time, we offer this post to help you decide whether to add the latest Clean Water Act (CWA) cases and rules to your must-see legal watch list....more
5/13/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Inland Waterways ,
Manufacturing Facilities ,
Navigable Waters ,
Trump Administration ,
Waters of the United States
Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more
1/10/2020
/ Air Quality Standards ,
Bodily Injury ,
Clean Water Act ,
Employer Liability Issues ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Failure to Comply ,
Health & Safety Standard ,
Inspection Rights ,
Manufacturers ,
Manufacturing Equipment ,
Manufacturing Facilities ,
National Enforcement Initiatives (NEIs) ,
Occupational Exposure ,
OSHA ,
PFAS ,
Policies and Procedures ,
Safety Inspections ,
Strict Compliance ,
Water Quality ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Earlier this year, we wrote about EPA’s PFAS Action Plan, the agency’s blueprint for addressing contamination and protecting public health from per- and polyfluoroalkyl substances (PFAS). ...more
12/6/2019
/ Comment Period ,
Compliance Monitoring ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Health and Safety ,
Manufacturers ,
Manufacturing Facilities ,
National Action Plan ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Reporting Requirements ,
Right To Know ,
Rulemaking Process ,
Toxic Chemicals