In a unanimous opinion, a panel of judges from the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) vacated four key aspects from a 2022 rulemaking by the Pipeline and Hazardous...more
These days, cyber regulators are in a hurry. Commentators have observed, the “federal government is quietly directing a seismic shift in the economy” with new mandates. Ann Neuberger, Deputy National Security Advisor for...more
On December 11, 2023, the Occupational Safety and Health Administration (OSHA) announced that its employees would now be using safety helmets in place of traditional hard hats when inspecting employer establishments....more
Just before Christmas, the Pennsylvania Supreme Court delivered a lump of coal to products liability defendants: Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023), affirming a lower court ruling that barred evidence...more
On June 14, 2023, FDA finalized its “Content of Premarket Submissions for Device Software Functions: Guidance for Industry and Food and Drug Administration Staff” (the “2023 Final Guidance”). The Final Guidance replaces the...more
Introduction - In 2021 the U.S. Bureau of Labor Statistics (BLS) reported 68,170 head injuries with 15,730 of those injuries involving eyes. Protecting employees from potential head injuries is an important function of any...more
The U.S. Department of Housing and Urban Development (HUD) Code, the federal building code regulating the manufacture, installation, and overall safety standards of manufactured homes, is about to undergo another major...more
The American National Standards Institute (ANSI), which administers the U.S. Technical Advisory Group for the International Organization for Standardization (ISO) Technical Committee (TC) 229 on Nanotechnologies, announced a...more
In February, the Consumer Technology Association (CTA) announced a voluntary standard for healthcare products that use Artificial Intelligence (AI). This standard follows the Food and Drug Administration’s (FDA) recently...more
...Robots are everywhere – but perhaps just not how everyone imagined them. For decades, the promise of robots brought to mind devices like R2D2 and C3PO, or perhaps Rosie the Robot from The Jetsons – autonomous, intelligent...more
The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021. On July 15, 2020, Virginia became the first state in the nation to promulgate an...more
2020 is now behind us, and we have reason for a positive outlook for 2021. However, delays and impacts due to COVID-19 and other factors in 2020 will likely continue into 2021, and claims and disputes over relief will likely...more
OSHA’s long-standing position is that it does not approve or endorse particular products. Moreover, the determination of compliance with OSHA’s standards cannot be based on an evaluation of the equipment or devices alone....more
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
In a split vote, the Virginia Safety and Health Codes Board passed a first-in-the-nation standard to address COVID-19 in workplaces. Virginia Occupational Safety and Health (VOSH), the state’s version of the Occupational...more
New ANSI standards are going into effect March 1, 2020, for aerial work platforms. It is important to note that these standards are not OSHA requirements unless they would be adopted by OSHA, which is unlikely in the near...more
On February 25, 2020, the Consumer Technology Association (CTA) released the first ever ANSI-accredited standards for the use of Artificial Intelligence (AI) in the healthcare industry. CTA brings together a wide spectrum of...more
On March 11, 2019, OSHA issued a Request for Information (RFI) in the Federal Register seeking comments and information from stakeholders regarding the use of powered industrial trucks (PITs) for maritime (1915.120, 1917.43,...more
In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more
On March 20, 2018, the American National Standards Institute (ANSI) Nanotechnology Standards Panel (ANSI-NSP) will meet at the U.S. Department of Agriculture in Washington, D.C. The focus of the meeting will be to consider...more
The Arkansas Environmental Federation (“AEF”) will hold a Health and Safety Seminar (“Seminar”) on November 2nd in Little Rock, Arkansas....more
• How have appellate courts applied the Supreme Court’s ruling in Escobar? • If the government is aware of the relator’s allegation, but does not undertake any administrative action to address the defendant’s alleged...more
Last Thursday, the FCC reformed its equipment approval rules, which Commissioner Clyburn described as the first “comprehensive” review of these rules since 1998, although the rules remain complex and challenged by the fast...more
Ever heard of “voluntary” safety standards? Voluntary or not, they’re a big deal. The technical term is “voluntary consensus safety standards” or “non-government consensus standards,” and they may guide the design of your...more