Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 6 posts by Michael F. Vitris.

OSHA Indefinitely Delays Electronic Reporting Requirements

Last week, the Labor Department indefinitely delayed enforcement of at least the first phase-in deadline of its electronic reporting requirements for injury and illness logs. Specifically, OSHA’s Injury and Illness Recordkeeping and Reporting Requirements website states that:

OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Read More ›

OSHA’s “Volks” Rule Invalidated

Last week, President Donald Trump signed a joint resolution passed by the House and Senate overturning the Occupational Safety and Health Administration (“OSHA”) rule titled “Clarification of Employers’ Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness.”[1] The cancellation of the rule effectively means that employers cannot be cited for injury and illness recordkeeping violations older than six months. Read More ›

OSHA “Clarifies” Employers’ Injury and Illness Recordkeeping Obligations

In the closing days of the Obama Administration, the Occupational Safety and Health Administration (OSHA) has issued a final rule that “clarifies” employers’ “continuing obligation” to make and maintain an accurate record of each recordable injury and illness beyond the six-month statute of limitations under the Occupational Safety and Health Act of 1970 (OSH Act). Once it takes effect, the new rule will allow OSHA to issue citations to employers for the failure to record an injury or illness up to six months following the five-year record retention period that would have applied to such record.  The final rule, published December 19, 2016,[1] is available here.  It aims to overturn the majority opinion in a 2012 ruling by the D.C. Circuit that rejected OSHA’s practice of citing employers up to five years after a failure to record a recordable injury or illness.  It is unclear whether the incoming Trump Administration will attempt to rescind this rule. Read More ›

EPA Issues Strategy to Address the Mismatch Between the Federal Hazardous Waste Rules and the Retail Sector

On September 12, 2016, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) issued a strategy for addressing growing concerns about the application of the federal hazardous waste regulations under the Resource Conservation and Recovery Act (“RCRA”) to the retail sector.  See EPA, “Strategy for Addressing the Retail Sector under RCRA’s Regulatory Framework” (hereinafter referred to as the “Retail Strategy”).  EPA’s strategy aims to reconcile the decades-old hazardous waste regulatory program with the unique compliance issues facing the retail sector today.  The strategy follows the Agency’s discussions with stakeholders, consideration of President Obama’s Executive Order directing agencies to evaluate regulatory effectiveness and efficiency, and review of public comments on a Notice of Data Availability (“NODA”) regarding waste management in the retail sector.  EPA intends to implement the strategy through a combination of rulemakings, guidance documents, and further fact-gathering. Read More ›

OSHA Workplace Safety Reporting Anti-Retaliation Regulations Effective August 10, 2016

OSHA Adds Electronic Reporting Requirement To Injury & Illness Recordkeeping Regulations; August 2016 Deadline For Anti-Retaliation Provisions; Potential For Increased Criminal Liability

OSHA regulations designed to encourage workplace safety reporting and discourage employer retaliation will become effective on August 10, 2016.  These regulations are part of a final rulemaking, otherwise effective January 1, 2017, requiring many employers to submit electronically to OSHA the occupational injury and illness data they are currently required to record. Importantly, OSHA plans to post the data from these submissions on a website available to the public. Read More ›

OSHA Amends Existing Standards for Occupational Exposure to Respirable Crystalline Silica

Summary:  This news alert discusses the Occupational Safety and Health Administration's (OSHA) final rule for worker exposure to respirable crystalline silica.  The rule significantly lowers the existing permissible exposure limits for silica and requires employers to undertake a series of protective measures that were not required under OSHA’s existing standards.  These new requirements are broadly applicable to  industries in the General Industry, Construction, and Maritime sectors and are expected to cost over $1 billion annually  to implement. Read More ›