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RMP Rulemaking Redux

The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and...more

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of...more

OSHA Proposes New Heat Injury and Illness Prevention Standard

As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation...more

OSHA Proposes Emergency Response Rule

The Occupational Safety and Health Administration (OSHA) has proposed to update its long-standing emergency response requirements, and stakeholders still have an opportunity to provide their input to OSHA. OSHA published a...more

OSHA Updates Hazard Communication Standard

The Occupational Safety and Health Administration (OSHA) has amended its Hazard Communication Standard (HCS), 29 C.F.R. § 1910.1200, to align with Revision 7 (Rev. 7) of the United Nations’ Globally Harmonized System of...more

OSHA Begins 2023 with an Emphasis on Enforcement

Through the first month of 2023, OSHA signaled to employers that enforcement is an agency priority and that it will use a full range of mechanisms to hold employers accountable for workplace health and safety violations....more

What’s Next for OSHA Rulemaking on COVID-19 and Other Infectious Diseases

OSHA has officially withdrawn its COVID-19 vaccination and testing emergency temporary standard (ETS), 29 C.F.R. § 1910.501, per a notice in the January 26 Federal Register. 87 Fed. Reg. 3928 (Jan. 26, 2022). As explained in...more

After the Supreme Court Decision, What Comes Next for OSHA and COVID-19

The Supreme Court has put on hold the OSHA emergency temporary standard (ETS) on COVID-19 vaccination and testing. This stay will mean that OSHA probably cannot enforce the ETS prior to its expected expiration in May. OSHA...more

Rapid Developments for OSHA’s COVID-19 Emergency Temporary Standards

One in, one out, one in again. One in: Employers with 100 employees or more should be prepared to comply with OSHA’s emergency temporary standard (ETS) that would require them to have their employees fully vaccinated or...more

New OSHA ETS Requires Two-Thirds of Private Employers to Mandate COVID-19 Vaccination or Require Regular Testing

The U.S. Occupational Safety and Health Administration (OSHA) has issued a new emergency temporary standard (ETS) that requires employers with 100 or more employees to mandate that all employees be vaccinated against COVID-19...more

Prepare Now for a New OSHA Emergency Temporary Standard on COVID-19

Employers with 100 or more employees should expect a new emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) requiring them to mandate that all employees be vaccinated against...more

Protecting Unvaccinated and Otherwise At-Risk Workers in Workplaces Not Covered by OSHA’s COVID-19 Emergency Temporary Standard...

OSHA has updated its guidance on workplace protections for unvaccinated and otherwise at-risk workers who are not covered by the COVID-19 Emergency Temporary Standard (ETS) for Healthcare. The updated guidance, issued August...more

OSHA Issues Updated Guidance on COVID-19 Enforcement

Key Takeaways: • On July 7, 2021, OSHA issued revisions to its National Emphasis Program for COVID-19, DIR 2021-03 (CPL 03) (“Revised COVID-19 NEP”), and released an Updated Interim Enforcement Response Plan for...more

After Several Rounds of Revisions, Updated Cal/OSHA COVID-19 Emergency Temporary Standards Take Effect

Over the last two months, the California Occupational Safety & Health Standards Board (“Board”) has considered several versions of proposed updates to the emergency temporary COVID-19 standards that were first adopted in...more

OSHA Issues a COVID-19 Emergency Temporary Standard for Healthcare and Guidance for General Industry

After much anticipation and debate, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS), contained in 29 C.F.R. Part 1910, Subpart U, on June 10, 2021, but solely for...more

Cal/OSHA Chief Nominated for Top OSHA Role

Key Takeaways - President Biden has announced the nomination of Cal/OSHA Chief Doug Parker for Assistant Secretary of Labor for Occupational Safety and Health....more

OSHA to Update Hazard Communication Standard

OSHA’s hazard communication standard (HCS) is the principal federal requirement governing labels and safety data sheets (SDSs) for hazardous chemicals used in the workplace in the United States. OSHA has proposed to update...more

OSHA Reiterates Requirement for Access to Qualified Trainers During Safety and Health Worker Training – Limitations on...

For employers wishing to train employees using computer-based, online programs, OSHA recently reiterated that safety and health training must still include interactive and hands-on opportunities for employees. This may...more

OSHA Implements New System for Measuring Enforcement Activity

Beginning this month, OSHA will be using a new system to weigh and measure enforcement activity in order for the Agency to (1) more accurately allocate resources required to perform enforcement related activities, and (2)...more

Central Massachusetts Sand and Gravel Company Hit with $120,000 Civil Penalty for Air Violations

Kimball Sand Company, Inc. agreed to pay a civil penalty of $120,000 and implement corrective actions as part of a Consent Agreement and Final Order resolving allegations that Kimball operated stone crushing and processing...more

Academic Institutions: Do You Still Have a Single-Walled Steel Underground Storage Tank?

Massachusetts state regulations require that all single-walled USTs be removed or closed-in-place by August 7, 2017. Most tanks installed prior to 1970 (and in some cases later) were single-walled steel tanks. Such tanks...more

Massachusetts Environmental and Land Use Alert

Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts - The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General...more

Massachusetts Attorney General Joins Multi-State Coalition Investigating Climate Change Disclosures

Massachusetts State Attorney General Maura Healey has joined a coalition of attorneys general from 15 other states and the Virgin Islands—the “AGs United for Clean Power” coalition—who, according to Attorney General Healey,...more

MassDEP Agrees to Settlements with Financial Institutions to Resolve Alleged Violations of Massachusetts Environmental Laws at...

The Massachusetts Department of Environmental Protection (“MassDEP”) recently entered into consent orders with two financial institutions to resolve alleged Massachusetts environmental law violations occurring at two bank...more

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

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