Hazardous Substances

News & Analysis as of

What We Have Here is a Failure to Communicate (in the Workplace)

For the third consecutive year, OSHA’s second most cited violation was for failure to comply with the Hazard Communication Standard (HCS). The HCS was promulgated in 1983 and requires chemical manufacturers and importers to...more

What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You...

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Recent Developments in the Gold King Mine Spill

On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine...more

EPA Poised To Make Sweeping Changes to the Risk Management Program Rule

Chemical manufacturers and petroleum refiners are closely tracking the latest activities of a high-level agency working group formed pursuant to President Obama’s Executive Order (13,650) responding to the West, Texas,...more

California's Proposition 65: History and Proposed Amendments in 2016

In 1986, California voters passed the Safe Drinking Water and Toxic Enforcement Act, otherwise known by its original name, Proposition 65. Proposition 65 requires the California Office of Environmental Health Hazard...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from March 15 - April 15, 2016. Latin America continues to focus on product stewardship initiatives covering a host of issues. This month we see new green-marketing proposals...more

Proposition 65: OEHHA Lists Styrene under Prop 65 and Proposes NSRL

On April 22, 2016, California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) issued a final notice listing styrene as known to the state to cause cancer under the Safe Drinking...more

OSHA Enforcement in the Final Year of the Obama Administration

Although the Obama Administration is well into its last year, it is signaling no let-up in its aggressive environmental and occupational safety and health enforcement agendas. Indeed, continuation of or even more stringent...more

The Continuing Saga Surrounding Magnet Sets: Proof of the CPSC's Determination to Eradicate Hazards to Children

The Consumer Product Safety Commission (CPSC) has made it very clear over the last several years that it takes hazards associated with rare earth magnet sets very seriously, primarily because the hazards affect children. Rare...more

New Chinese Soil Pollution Law Planned for 2017 Could Be Accelerated

On April 17, 2016, China Central Television (CCTV), the country’s state-run broadcast network, aired a report claiming that nearly 500 students apparently developed illnesses (including leukemia) at a school built on...more

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing...more

PHMSA Signals Intent to Adopt ICAO Ban on Bulk Shipments of Lithium Ion Batteries as Cargo on U.S. Passenger Aircraft

Summary: The Pipeline and Hazardous Materials Safety Administration issued a safety advisory notice indicating that the agency may soon adopt a ban on bulk shipments of lithium ion batteries shipped alone as cargo on...more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

China Revises Hazardous Substances Restriction Laws

China’s Ministry of Industry and Information Technology (MIIT) has recently announced a revised version of the Restriction of Hazardous Substances (RoHS 1), which will come into effect on July 1, 2016. The revised...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team

PFOA Contamination Likely to Spur Legislative Action - The discovery of Perfluorooctanoic Acid contamination in southern Vermont drinking water has prompted legislators to examine whether more action is necessary to...more

EPA Proposes Significant Expansions of Its Risk Management/Accidental Release Prevention Program

On March 14, 2016, The Environmental Protection Agency (EPA) published proposed revisionsto the Risk Management Program (RMP) (also known as Accidental Release Prevention) rule at 40 CFR Part 68, under Section 112(r) of the...more

Asia Moves to Balance Environmental Regulations and Greenhouse Gas Reduction Commitments With Economic Growth

On March 17, 2016, China released its Thirteenth Five-Year Plan for Economic and Social Development (the “Plan”). The Plan strengthens several of the environmental priorities set forth in the prior plan (“12th Plan”)...more

DOT Issues Final Rule Providing Only Very Limited Relief for Reverse Logistics of Retail Products

This news alert discusses the final rule to streamline requirements under the Hazardous Materials Regulations (HMR) for “reverse logistics” of retail products that qualify as hazardous materials. The rule establishes reduced...more

OSHA Announces Long-Awaited Final Rule to Limit Employee Exposure to Silica and Adopts New Standards That Are "Among the Broadest...

On March 24, 2016, after a 45-year effort, the Occupational Safety and Health Administration (“OSHA”) issued a final rule intended to limit workers’ exposure to respirable crystalline silica, a carcinogenic dust pervasive in...more

DOT Publishes Final Rule on “Safe Reverse Logistics” for Retail “Returns” of Hazardous Materials to Distribution Centers

The Pipeline and Hazardous Materials Safety Administration (PHMSA) just announced that it has amended the Hazardous Materials Regulations (HMR)....more

4th Circuit Revisits N.C.’s Statute of Repose; No Bar to Hazardous Waste-Related Personal Injury Claims

Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...more

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its final rule on occupational exposure to respirable crystalline silica. U.S. Secretary of Labor Thomas E....more

CPSC Pledges Higher Penalties

Earlier this month, CPSC Chair Elliot Kaye told regulators, industry, and lawyers about the CPSC’s priorities for the coming year. At the top of the list were increased civil penalties for failure to report potentially...more

Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of...more

OSHA Soliciting Comments for New Guidance for Determining Potential Health Hazards of Chemicals

On February 12, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced that it plans to issue new guidance as part of its effort to protect workers from the hazards of chemicals....more

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