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Hazardous Waste Transporters Beware!

The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste...more

EPA Prioritizes Asbestos for Review Under Newly Revised TSCA

Yesterday, EPA announced the first ten chemicals to be evaluated for their potential risk to human health and the environment under the new Toxic Substances Control Act as amended by the Frank R. Launtenberg Chemical Safety...more

Steps to Keep OSHA from Raising the Retaliation Issue

OSHA’s new anti-retaliation provisions go into effect on August 10, 2016. The provisions require employers to: 1) inform employees of their right to report work-related injuries and illnesses without being subjected to...more

When is a Reward a Bribe? OSHA Policy Limits Workplace Safety Incentive Programs

Years ago, my employer gave employees a coaster every quarter that the group had no OSHA reportable incidents. Now it would have been in violation to have such a program. Despite criticism from workers compensation carriers...more

Was Flint the Love Canal of our Water System?

Both “hard” and “soft” water can contain minerals that can be slightly corrosive and cause low or high pH resulting in lead in drinking water. Common sources of lead in household drinking water include: Lead Piping and...more

Electronic Disclosure of Violations Coming This Fall

Under EPA’s Audit Policy, those who discover, promptly disclose and correct environmental violations may have penalties reduced or eliminated. 60 Fed Reg 66, 705 et seq. (1995); 65 Fed Reg 19, 617, et seq. (2000) EPA recently...more

6/30/2015  /  eDisclosure , EPA , EPCRA , Self-Reporting

OSHA Rules for Injury Reporting Change

Starting January 1, 2015, OSHA rules will require companies nation-wide to report all work-related in-patient hospitalizations, amputations and eye losses within 24 hours. Oregon is one of 6 states that already require...more

12/12/2014  /  OSHA , Reporting Requirements

West Virginia Chemical Spill Likely to Bring Oil and Chemical Inspections and Perhaps Regulatory Changes for Facilities with Large...

Last Thursday residents of Kanawha County reported a foul licorice odor in the air. State and local officials traced the smell to a leak from a 35,000-gallon above ground storage tank along the Elk River. The chemical had...more

OSHA Takes the “M” Out of MSDS and Changes Chemical Labeling Requirements

In 2012, the Occupational Safety and Health Administration (“OSHA”) revised the Hazard Communication System (“HCS”) and other regulations to conform them to the United Nations Globally Harmonized System of Classification and...more

Ashley II Holdings Require Caution

On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). ...more

It Is Easy to Lose the Privilege Protecting Audit Documents

In a recent case, documents related to an audit which was described in internal correspondence as being done to assess general compliance were not privileged in later civil litigation since the Court found: (1) the audit was...more

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