Category: Enforcement and Inspection
As today’s workplace becomes more complex, regulation of that workplace increases. In this section, you’ll find the practical advice you need to understand exactly what OSHA, other federal agencies, and their state counterparts, require of you, and to comply in the ways that best satisfy both your and their needs. Look also for important court decisions, advice on how to handle enforcement actions, and news of upcoming changes in workplace health and safety law.
Free Special Report: What to Expect from an OSHA Inspection
On Thursday, July 29, 2021, in a split decision, the 4th U.S. Circuit Court of Appeals ruled that the U.S. Marine Corps must pay the North Carolina Department of Environmental Quality’s (NCDEQ) fine for excess air pollution emissions at its Craven County Air Station Cherry Point facility. The decision reversed a federal district court […]
The Occupational Safety and Health Administration (OSHA) plans to issue proposals for new infectious disease exposure, communication tower safety, and tree care industry standards, according to a Department of Labor (DOL) notice published July 30 (86 FR 41242). OSHA also plans rulemaking action in the coming year to address emergency response safety, process safety management […]
On July 28, the Occupational Safety and Health Administration (OSHA) called for stakeholder input on updating its mechanical power press standard (29 CFR §1910.217). The OSHA standard, originally issued in 1971, was based on the 1971 edition of the American National Standards Institute (ANSI) industry consensus standard for mechanical power presses (ANSI B11.1), which has […]
On July 23, the Occupational Safety and Health Administration (OSHA) announced it is seeking nearly $1 million in penalties from four employers at a poultry processing facility where six OS workers died from nitrogen exposure caused by a malfunctioning freezer. After a shift began on January 28 at a Gainesville, Georgia, poultry processing facility, a […]
Melissa Hodgman, acting director of the Securities and Exchange Commission’s (SEC) Enforcement Division, indicated that the SEC expects to look more closely at “green” investments in the future. Her comments were made at a Managed Funds Association webcast, according to Law 360. Her remarks come on the heels of the SEC’s March 4, 2021, announcement […]
Most employers know the Americans with Disabilities Act (ADA) requires them to consider a disabled employee’s request for a reasonable accommodation so she can perform an essential function of her position. In a recent decision, the U.S. Court of Appeals for the Second Circuit (whose rulings apply to all New York employers) held an employee’s […]
On June 30, 2021, EPA announced policy changes for chemical risk evaluations conducted as required by the Toxic Substances Control Act. This provides a new path forward for the first 10 chemicals to go through risk evaluation: 1,4-Dioxane 1-Bromopropane Asbestos Carbon Tetrachloride Cyclic Aliphatic Bromide Cluster (HBCD) Methylene Chloride N-methylpyrrolidone (NMP) Pigment Violet 29 (PV29) […]
By a narrow margin, on June 29, 2021, the U.S. Supreme Court ruled states cannot use sovereign immunity as a defense to prevent federally approved pipeline projects from being built on state-owned land.
Whistleblowers responsible for completing chemical risk assessments have come forward with allegations that their reports have been and continue to be “improperly altered to completely eliminate or minimize risk calculations,” according to a complaint filed by Public Employees for Environmental Responsibility (PEER) on behalf of four scientists who work in EPA’s Office of Chemical Safety […]
The California Division of Occupational Safety and Health (Cal/OSHA) on July 13 reminded employers of their obligation to comply with the state’s protection from wildfire smoke standard, which requires employers to take steps such as moving work operations, modifying work schedules, or providing proper respiratory protection such as N95 respirators in the event of wildfires. There […]