Larry Burke

Larry Burke

Davis Wright Tremaine LLP

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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

6/17/2016 - Anti-Retaliation Provisions OSHA Reporting Requirements Workplace Injury

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

4/19/2016 - Incentives OSHA Popular Safety Training Workplace Injury Workplace Safety

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

3/8/2016 - Contamination Drinking Water Hazardous Substances Lead Water

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

1/16/2014 - Chemicals Contaminated Properties Contamination Discharge of Pollutants Toxic Exposure

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

7/17/2013 - Chemicals Globally Harmonized System Hazardous Communication Standard Labeling OSHA Safety Precautions United Nations

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

5/13/2013 - Asset Purchaser Bona Fide Purchaser Contamination Environmental Liability Hazardous Substances Leases

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

2/22/2013 - Attorney-Client Privilege Audits Clean Air Act Clean Air Act Violations RCRA Regular Course of Business Work Product Privilege

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