Labor & Employment Environmental

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EPA Criticized for Persecution of 9/11 Dust Whistleblower

A judge from the U.S. Department of Labor rebuked the Environmental Protection Agency (EPA) for its concealment of evidence in a case from several years ago against a senior chemist who was wrongfully terminated. The chemist,...more

U.S. OSHA HCS 2012 Deadline Less Than Two Weeks Away

On March 26, 2012, OSHA issued a final rule modifying its HCS to conform to the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. In the final rule, OSHA drastically...more

Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

Terrorism, Fraud, and the RCRA Corrosivity Characteristic

With a back story sparked by the tragedy of 9/11 and that at times reads like a novel teeming with alleged government cover-up, fraud and employee persecution, EPA has agreed to a March 31, 2016, deadline for deciding whether...more

Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

‘Here We Go Again’: Oil and Gas Sector to Face New Regs in 2015

Tracking regulatory changes in the oil and gas industry is no minor undertaking. After all, when someone speaks of “the oil and gas industry,” that person isn’t simply referencing some narrowly defined zone of activity;...more

HCS: OSHA Publishes Enforcement Guidance for the Hazard Communication Standard

On February 9, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Enforcement Guidance for the Hazard Communication Standard's (HCS) June 1, 2015 Effective Date"...more

Whistleblower Laws Increasingly Vital for Government Enforcement Efforts

In 2014, a crewman aboard a Japanese cargo ship videotaped the vessel illegally dumping oily waste into the ocean and later turned the tape over to the U.S. Coast Guard. One year later, the resulting $1.8 million penalty for...more

South Carolina Legislative Update

The South Carolina House of Representatives last week adopted the South Carolina Pain-Capable Unborn Child Protection Act, several ethics reform measures, and revisions to the South Carolina Whistleblower and Public Employee...more

Clean Jobs Coalition Calls For Updated Renewable Energy Laws In Illinois

On February 4, 2015, the newly formed Illinois Clean Jobs Coalition and Chicago Mayor Rahm Emanuel called for an update of the renewable portfolio standard (RPS) that was put into place in 2007. ...more

Broader Regulation of Offshore Contractors on Horizon

On November 12, 2014 the Bureau of Safety and Environmental Enforcement (BSEE) strongly signaled a forthcoming review of its offshore facility decommissioning regulations and regulatory authority over contactors. While the...more

EPA’s Recently Released Revised Human Health Risk Assessment for Chlorpyrifos Reflects New Implementation of EPA Policy

The spray drift and volatilization policies were discussed in an October 2014 webinar and discussed in our September 17, 2014, memorandum. EPA’s Revised Risk Assessment Methods for Workers, Children of Workers in Agricultural...more

The Shale Play Today - January 2015

In This Issue: - Enforcing a "Fair Day's Pay" - What Can You Do in the Face of This Initiative? - Pennsylvania Finds Naturally Occurring Radiation from Gas Drilling Poses Little Threat - Washington County...more

Five 2015 Environmental, Health and Safety Issues Manufacturers Need to Keep An Eye on

Matt set a pretty high bar last week, summarizing his thoughts for what could be a tumultuous 2015 on the labor and employment front. Now, it’s my turn to provide some thoughts for 2015 the EHS front. I’m not sure I’d call...more

Protecting the Rights of Children Should Be Integral to Every Corporate Social Responsibility Strategy

Consideration of the rights of children should be integral to any Corporate Social Responsibility (“CSR”) strategy or policy. Traditionally, companies have focused on reducing and eliminating the use of child labor in their...more

Russian Legislation Update

In This Issue: - Currency Control - Banking - Patronage of Arts - Environment - Employment/Foreign Citizens - Excerpt from Patronage of Arts: On 4 November 2014 the President signed Federal...more

Manufacturers Are Building Occupants, too – EHS Issues Related to Building Occupancy

Obviously, our blog focuses on issues that affect manufacturers. Specifically, my posts deal with environmental or health and safety issues manufacturers face. Sometimes, though, it’s good to step back and remember that...more

Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015

On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations). If you are doing business in Saskatchewan, you should...more

OSHA Strengthens Local Emphasis on Hazardous Chemical Compliance

Omaha Area Director of the Occupational Safety and Health Administration (OSHA) recently announced a brand-new local emphasis program that will introduce regular health inspections at funeral homes, product and chemical...more

California Trial Court Orders New Trial On Claim that Recology Violated CFCA

A California trial court recently overturned a jury verdict finding Recology San Francisco liable for violating the California False Claims Act (CFCA) and granted Recology’s motion for a new trial. The court’s ruling comes...more

NYC Pension Fund Submits 75 Proxy Access Proposals

New York City Comptroller Scott M. Stringer, on behalf of the $160 billion New York City Pension Funds, has submitted proxy access shareowner proposals to 75 companies. The proposals request a bylaw to give shareowners who...more

Myanmar Revises Scope Of Prohibited And Restricted Activities For Foreign Investment

On 31 January 2013, MIC issued a notification outlining prohibited and restricted activities for foreign investment (2013 Notification). For further information on the Foreign Investment Law, the Foreign Investment Rules and...more

Joint Committee’s Report on Energy Tax Incentives Misses the Mark on Green Jobs

The Joint Committee on Taxation (JCT) on September 16 published a report analyzing federal energy tax incentives. The report is available below. The report is generally insightful; however, it has a misguided job-creation...more

California Proposes Major Changes to Refinery PSM Standard

The California Department of Industrial Relations (DIR) has proposed a new Process Safety Management standard for oil refineries (the "Refinery PSM Standard"). The proposal, which is a precursor to formal notice and comment...more

Big Jumps Proposed to Size Standards for Environmental Remediation and Other Employee-Based Size Standards

On September 10th, SBA released proposed increases to the small business size standards for many of the industries that use employee-based size standards. The affected industries include some very popular ones for the...more

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