Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

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. 

Subscribe for updates via:

Meet the Contributors

Topics

Recent Posts

Click here to learn more about us

Showing 21 posts in Occupational Safety and Health. View our practice description for Occupational Safety and Health.

EPA Proposes to Rescind RMP Provisions Amended Under Obama Administration, Seeks Comments

On May 30, 2018, the U.S. Environmental Protection Agency (EPA) published a proposed rule (Proposed Rule) that would rescind the majority of the amendments to the RMP rule that were finalized in January 2017 in the final days of the Obama Administration (RMP Amendments Rule).  Comments on the Proposed Rule are due on or before July 30, 2018. Read More ›

OSHA Issues Direct Final Standard Amending Beryllium Standards for General Industry with Attention to Dermal Contact

OSHA has clarified its January 9, 2017 occupational health standard on beryllium.  On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general industry with respect to the definitions of “Beryllium Work Area” (BWA) and “emergency,” and the meaning of the terms “dermal contact” and “beryllium concentration.”  The amendments also clarify key provisions with respect to recycling and disposal and with respect to dermal skin exposure to trace amounts of beryllium.[1] Read More ›

California Supreme Court Allows Unfair Competition and False Advertising Claims Against Employer Arising From Workplace Accident

A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws.  See Solus Industrial Innovations, Inc. v. Superior Court of Orange County, 4 Cal.5th 316 (February 8, 2018).  The practical impact of this decision is that claims arising from workplace accidents, which have traditionally been addressed through an administrative process, could give rise to civil claims for unfair competition or false advertising, at least in California.  Read More ›

Washington OSHA Issues Draft PSM Rule for Refineries

The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for petrochemical refining facilities in the state of Washington.  The draft rule, which was released on January 16, 2018, arrives on the heels of California’s “PSM for Refineries” standard issued last fall and several years after an explosion with multiple fatalities at a refinery in Anacortes, Washington.  If finalized, Washington’s draft PSM rule would affect at least five large refineries owned by major energy companies.  Read More ›

D.C. Circuit Rejects Industry Challenges to Silica Rule and Remands to OSHA for Further Consideration on Medical Removal Protections

The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling.  In its written decision, the court held that OSHA’s Final Rule for Exposure to Respirable Crystalline Silica (the “Silica Rule”) was supported by substantial evidence and rejected the industry claims that the rule was too stringent.  In response to a union challenge, the court agreed with the union claim that OSHA did not adequately explain its decision to omit medical removal protections from the final version of the Silica Rule, and remanded to OSHA to reconsider or further explain its decision on medical removal protections.  As a result of the Court’s ruling, construction employers must remain in compliance with all of the Silica Rule’s requirements, and general industry and maritime employers must prepare to come into compliance by June 23, 2018. Read More ›

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 ›