News & Analysis as of

General Duty Clause Risk Management

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Federal OSHA Workplace Violence Case Provides a Road Map on General Duty Clause in Workplace Violence Cases

On October 25, 2021, a customer named Jacob Bergquist, with a history of violating the Boise Towne Square Mall’s firearms ban, opened fire at the mall. The shooting in the Idaho mall led to the deaths of a Professional...more

Cozen O'Connor

OSHRC ALJ Vacates Workplace Violence General Duty Citation

Cozen O'Connor on

By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people...more

Stinson LLP

EPA Releases Risk Management Program Final Rule

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On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more

Husch Blackwell LLP

OSHA Issues Federal COVID-19 Emergency Temporary Standard

Husch Blackwell LLP on

On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard...more

White and Williams LLP

OSHA Reinforces COVID Guidelines for the Workplace

White and Williams LLP on

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) updated its existing guidelines concerning coronavirus protection measures for the workplace. Focusing on the implementation of workplace...more

Foley & Lardner LLP

Revival of the General Duty Clause

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In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

Fisher Phillips

Don’t Let the Heat Give Your Employees The Summertime Blues: Tips For Avoiding Heat Stress When Wearing COVID-19 Face Coverings

Fisher Phillips on

Summer is almost here, and it is time for employers to focus on heat-related hazards. As Alan Jackson once sang, “that sun is hot and that old clock is moving slow, and so am I.” Employers may be wise to heed Alan’s advice...more

Williams Mullen

Enforcement Trends Under The Clean Air Act's General Duty Clause

Williams Mullen on

Comprehensive Risk Management Plans (RMP) under Section 112(r) the Clean Air Act (Act) are not just required for facilities processing listed regulated substances in excess of regulatory thresholds. Recent EPA enforcement...more

Holland & Hart LLP

CDC Issues Interim Guidance for Critical Infrastructure Workers

Holland & Hart LLP on

In an attempt to keep critical infrastructure from being crippled by worker shortages as a result of the COVID-19 outbreak, the CDC issued new interim guidance on Wednesday, April 9, 2020, directed at workers in critical...more

Ballard Spahr LLP

How Employers Should Address the Workplace Impact of COVID-19

Ballard Spahr LLP on

With the number of coronavirus, or COVID-19, cases on the rise, employers are preparing to address a host of workplace issues, ranging from exposure risks to absenteeism to disability or national origin discrimination. Now is...more

Littler

Coronavirus (COVID-19) Guidance for Business Preparedness

Littler on

The novel coronavirus (COVID-19) has implications for multiple workplace concerns, including health and safety, leaves of absence, discrimination, and travel. Although the U.S. Centers for Disease Control (CDC) has been...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Proskauer - Law and the Workplace

Coronavirus and the Workplace: What Employers Need To Know

News that multiple cases of the newly-identified 2019 Novel Coronavirus have reached the United States have prompted employers to think about employee safety and ways to address disease prevention in the workplace. Although,...more

Seyfarth Shaw LLP

House Passes Legislation on Workplace Violence in Healthcare and Social Assistance

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more

King & Spalding

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

King & Spalding on

Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

Beveridge & Diamond PC

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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