EPA announced a new policy that the agency will stop sending out notices of deficiency to companies that submit Confidential Business Information (CBI) under the Toxics Substances Control Act (TSCA) without substantiation. 84...more
OSHA published a final rule in the Federal Register on May 14, 2019 revising several existing standards. The revisions apply to the recordkeeping, general industry, maritime, and construction standards. OSHA made the...more
Until today, EPA had not adopted a final risk management rule under section 6 of the Toxic Substances Control Act in 30 years. That drought has ended, now that EPA has published a final rule restricting consumer use of...more
EPA has taken another step in implementing the Toxic Substances Control Act (TSCA). It has announced the first set of 20 candidate chemicals for possible designation as high-priority substances and the first (possibly only)...more
EPA’s review of premanufacture notices (PMNs) for new chemical substances under the Toxic Substances Control Act (TSCA) has continued to suffer from significant delays. These delays in the PMN review process have been...more
EPA faces many TSCA statutory and regulatory deadlines for actions in 2019 and 2020. It has also announced plans to take numerous actions not subject to such a deadline. Industry should anticipate upcoming developments and be...more
Over the next year, California and New York will begin phasing in requirements for manufacturers of cleaning products – including household cleaners, as well as and clothes and dish detergents – to make extensive ingredient...more
As of February 1, 2019, 17 state legislatures have introduced approximately 93 bills seeking to restrict or otherwise regulate chemicals during the 2019 legislative cycle.
The attached chart provides a snapshot of the...more
Every four years, domestic manufacturers and importers of chemicals must report to the Environmental Protection Agency under the Chemical Data Reporting rule (CDR). The next reports are due in 2020, with 2019 as the principal...more
OSHA has finalized a rule that rescinds the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness...more
The Occupational Safety and Health Administration (OSHA) has proposed amendments to its January 9, 2017 final rule adopting general industry standards for beryllium exposure in the workplace. The final rule, adding 29 C.F.R....more
The Fifth Circuit has now joined the seven other Courts of Appeals that have rejected challenges to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Citation Policy. In Acosta v. Hensel Phelps...more
The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more
Introduction -
In a recent decision, the U.S. Court of Appeals for the Eleventh Circuit rejected an Occupational Safety and Health Administration (“OSHA”) effort to widely broaden the scope of an inspection based on past...more
Does your company plan to submit a premanufacture notice (PMN) under section 5 of the Toxic Substances Control Act (TSCA)? Has it done so recently? If so, you need to know the answers to ten key questions: -
1. What are...more
California Governor Jerry Brown has signed into law Assembly Bill (“A.B.”) 2998, restricting the sale of flame retardant-containing children products and furniture. Effective January 1, 2020, A.B. 2998 prohibits any person...more
OSHA recently issued a Notice of Proposed Rulemaking that proposes to rescind the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and...more
OSHA has clarified its January 9, 2017 occupational health standard on beryllium. On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general...more
A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws. See Solus Industrial Innovations, Inc. v. Superior Court of...more
June 1, 2018 will be the initial compliance date for most companies in the composite wood product industry that are subject to EPA’s Formaldehyde Emission Standards for Composite Wood Products (the Standards). On April 4,...more
The composite wood product industry may face an earlier compliance deadline under EPA’s Formaldehyde Emission Standards for Composite Wood Products (Standards) than the deadline currently set by EPA. On February 16, 2018, a...more
Some 20 months have passed since the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed into law, making wide and significant changes to the Toxic Substances Control Act (TSCA). During that time,...more
The Environmental Protection Agency (EPA) must propose an update of its lead-based paint and dust hazard standards by March 27, 2018, according to a court order. The current standards were promulgated in 2001, and have never...more
The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for...more
The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling. In its written decision, the...more