Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Monitoring ,
Employer Liability Issues ,
Health and Safety ,
Performance Incentives ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Wage and Hour
Seyfarth Synopsis: In late May, Virginia Governor Ralph Northam directed the state’s Department of Labor and Industry (DLI) to develop emergency temporary standards to prevent workplace exposure to COVID-19. Those rules were...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and...more
Seyfarth Synopsis: On June 29, 2020, U.S. Environmental Protection Agency (EPA) issued a memorandum regarding termination of the COVID-19 temporary enforcement policy. EPA has selected August 31, 2020 as the termination date...more
Seyfarth Synopsis: OSHA Administrator Loren Sweatt recently blogged related to heat illness in the workplace as “forecasters are calling for above-average heat in some parts of the country and scorching temperatures in July...more
Seyfarth Synopsis: Occupational Safety and Health Administration (OSHA) has issued Guidance to assist employers reopening non-essential businesses ensure the safety of their employees and the public during the evolving...more
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has released a series of frequently asked questions and answers regarding the use of masks in the workplace to assist the regulated community....more
Seyfarth Synopsis: Last week, the U.S. Environmental Protection Agency (EPA or Agency) initiated the first phase of a two phased approach to address ethylene oxide (EtO) emissions, announcing final amendments to the...more
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has adopted a Revised Enforcement Guidance for Recording Cases of COVID-19. Under the OSHA regulations and the revised guidance, most cases of...more
Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has adopted an Updated Interim Enforcement Response Plan for Coronavirus Disease (ERP). Now, as states begin reopening their economies, the...more
Seyfarth Synopsis: The State of Washington’s Division of Occupational Safety and Health (DOSH) just enacted Emergency COVID-19 Safety Rules on “Prohibited Business Activities and Conditions for Operations.”...more
Seyfarth Synopsis: In the last two weeks, the CDC has updated the list of symptoms for COVID-19 on several occasions, eliminating the “two or more” list and adding “less common” symptoms and emergency warning signs....more
Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) proposed rule would provide “procedures for developing and issuing guidance documents and to establish a petition process for public requests to modify or...more
Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) announced its final rule to add per- and polyfluoroalkyl substances (PFAS) to the list of chemicals required to be reported annually under the EPCRA Section...more
Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out of practice on workplace safety procedures, and may have...more
Seyfarth Synopsis: The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) jointly developed and released guidance that is generally intended for everybody, whether a...more
Seyfarth Synopsis: The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) jointly developed and released guidance that is generally intended for everybody, whether a...more
Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then...more
4/28/2020
/ 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 ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply with...more
Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which...more
4/20/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
Seyfarth Synopsis: On April 13, 2020, OSHA released an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which is intended to provide instructions and guidance to Area Offices and compliance safety and...more
Seyfarth Synopsis: On April 10, 2020, OSHA released new interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to recording occupational illnesses,...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more
4/16/2020
/ CERCLA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Force Majeure Clause ,
RCRA ,
Relief Measures ,
Superfund ,
Toxic Substances Control Act (TSCA)
The Centers for Disease Control (CDC) announced new Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person With Suspected or Confirmed COVID-19. The new...more
4/9/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Healthcare Facilities ,
Hiring & Firing ,
Job Applicants ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Virus Testing ,
Workplace Safety
Seyfarth Synopsis: U.S. Environmental Protection Agency (EPA), in support of the U.S. Government’s overall response to the COVID-19 pandemic, has announced a temporary enforcement discretion policy regarding environmental...more