Starting July 1, 2020, all Oregonians over age 12 are required to wear a face covering in public indoor spaces and certain businesses to slow the spread of COVID-19 in the state. According to Governor Kate Brown, the state’s...more
The City of Portland and the Port of Portland are among the governmental entities that recently filed a proposed $550 million settlement to resolve part of a nationwide class action lawsuit against Monsanto Company,...more
As both businesses and employees adjust to changes in the workplace brought about by the COVID-19 pandemic, employers may find themselves subject to surprise OSHA inspections related to the steps taken to protect employees...more
Assuring Needed Water Is Legally Obtained -
Cannabis is an agricultural crop and, of course, needs water to grow. Before investing in a growing operation or entering into a long-term supply contract with a grower,...more
Oregon moved to regulate air toxics with SB 1541, which became effective April 10, 2018. Regulations implementing the air toxics requirements were adopted by Oregon DEQ in November of 2018 and, as explained below, draft risk...more
According to the EPA, about 10,000 semi-truck glider kits are sold in the U.S. each year. Glider kits consist of new truck bodies fitted with remanufactured or salvaged engines and transmissions that do not use exhaust gas...more
To assure environmental health and safety, businesses must let their employees know the potential chemical hazards in the workplace. Businesses with such hazards were required to implement OSHA’s revised Hazard Communications...more
The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste...more
Yesterday, EPA announced the first ten chemicals to be evaluated for their potential risk to human health and the environment under the new Toxic Substances Control Act as amended by the Frank R. Launtenberg Chemical Safety...more
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
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
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
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
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
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
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
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).
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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