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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 These much-debated provisions have been amended, rescinded, and...more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

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile...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

Cal/OSHA Adopts Non-Emergency COVID-19 Regulation

After several rounds of revisions and contentious public meetings, the Cal/OSHA Standards Board adopted the agency’s proposed non-emergency regulatory standard for COVID-19 on December 15. The new standard extends many of the...more

California’s COVID-19 Workplace Requirements Continue to Evolve

In recent weeks, California state legislators and regulators have considered significant changes to the state’s COVID-19 requirements for workplaces. On September 29, Governor Newsom signed AB 2693 into law, extending but...more

OSHA Expands Criteria for Severe Violator Enforcement Program

In an announcement that expands the criteria for entry into the Occupational Safety and Health Administration’s (OSHA) Severe Violator Enforcement Program, OSHA has signaled that it is making enforcement a priority and that...more

OSHA Not Required to Accelerate Timeline for Healthcare COVID-19 Standard

The Occupational Safety and Health Administration (OSHA) is not legally required to enforce its emergency temporary standard for the healthcare industry (Healthcare ETS), nor must it replace the Healthcare ETS with a...more

Cal/OSHA Extends COVID-19 Regulations Through December 2022

California’s Third Readopted COVID-19 Emergency Temporary Standard (ETS) is now in effect and will remain effective until December 31, 2022. This latest iteration of the ETS remains substantively similar to earlier versions;...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

California’s COVID-19 Regulations Extended Through April

California’s Second Readopted COVID-19 Emergency Temporary Standard (ETS) is now in effect and will remain in place through April 14, 2022. In general, the ETS retains many of the central provisions of the earlier versions....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

Cal/OSHA Advances Proposed Temporary and Permanent COVID-19 Standards

On October 20, 2021 California’s Division of Occupational Safety and Health (Cal/OSHA) published the draft text for the proposed second re-adoption of its COVID-19 Emergency Temporary Standard (“proposed ETS”). The proposed...more

Cal/OSHA’s Enforcement Authority Expanded

On September 27, Governor Newsom signed Senate Bill 606, significantly expanding the California Division of Occupational Safety and Health’s (Cal/OSHA) enforcement authority. SB 606 increases potential exposure for employers...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

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