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Showing 16 posts in Occupational Safety and Health. View our practice description for Occupational Safety and Health.

OSHA Proposes December 1, 2017 Deadline for First Phase of Electronic Reporting, Foreshadows Rulemaking on Anti-Retaliation Provisions

On June 28, 2017, OSHA published a proposed rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 1, 2017. Read More ›

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 ›

Introducing Our California Environmental Tracker

The San Francisco Office of Beveridge & Diamond, P.C. is pleased to announce a new series of articles dedicated to developments in California environmental law. California has long been a driver of environmental policy, often setting demanding regulatory standards and leveraging its mammoth market share to compel national compliance. Read More ›

EPA Releases Final RMP Amendments, Awaits Response of New Administration

The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning program. A pre-publication copy of the rule can be accessed here. 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 ›

EPA Issues Proposal to Amend RMP Rule

The U.S. Environmental Protection Agency (EPA) has released a long awaited proposal to update the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section 112(r)(7) risk management planning (RMP) program.  A pre-publication version of the rule can be accessed here.  There are currently 12,500 facilities in the United States that are subject to the RMP program, and a substantial number of those will be affected by this proposed amendment package. Read More ›

Substantial OSHA Penalty Increases Are Coming

OSHA penalties are going up.  EPA’s penalties are going up, too.  However, while EPA penalties have been going up modestly every four years to take inflation into account, OSHA penalties have not increased in 25 years.  Maximum OSHA penalties may jump as much as about 78 percent next year.  For a provision quietly tucked away in budget legislation, this packs quite a punch. Read More ›

EPA Commits to Respond in Early 2016 to Petition Seeking to Make the RCRA Corrosivity Characteristic 10 Times More Stringent

The U.S. Environmental Protection Agency (“EPA” or the “Agency”) recently informed a federal appeals court that it intends to respond no later than March 31, 2016 to a rulemaking petition submitted to EPA in 2011 by one of its own employees and a group of other government employees (“Petitioners”), which asked the Agency to dramatically increase the stringency of the corrosivity characteristic used to identify wastes as hazardous under the Resource Conservation and Recovery Act (“RCRA”).  The Petitioners claimed that EPA had acted “erroneously and fraudulently” in establishing the characteristic in 1980, and thereby endangered public health, most notably among first responders at “Ground Zero” on 9/11 who breathed in dust from the collapse of the twin towers of the World Trade Center. Read More ›

Congress Finally Enacts Chemical Facility Security Legislation

In a rare bipartisan gesture, on December 11, 2014, the House of Representatives
unanimously passed H.R. 4007, the “Protecting and Securing Chemicals Facilities
from Terrorist Attacks Act of 2014” (“Act”), which the Senate had passed
previously.[1]  President Obama signed the legislation into law on
December 18.  The Act is the product of more than six years of Congressional
wrangling over reauthorization and potential expansion of the existing
Department of Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards
(CFATS) program.[2]  DHS can now focus on implementing the beleaguered
program. Read More ›