Tag Archives: COVID-19

Cal Safety Standards Board approves second COVID-19 ETS

Late last week, the California Occupational Safety and Health Standards Board (“Standards Board”) reconvened in a public meeting to consider the California Division of Occupational Safety and Health (Cal/OSHA) revised COVID-19 Prevention Emergency Temporary Standard (ETS).  The new proposed ETS was developed to replace the existing ETS that has been in place since December 1, … Continue Reading

Cal Safety Standards Board defers voting on second COVID-19 ETS until June

Earlier today, the California Occupational Safety and Health Standards Board held a public meeting to consider, among other items, the California Division of Occupational Safety and Health (Cal/OSHA) revised COVID-19 Prevention Emergency Temporary Standard (ETS), which was developed to replace the existing ETS that has been in place since December 1, 2020. During the initial … Continue Reading

Cal-OSHA proposes changes to COVID-19 emergency regulation

With vaccination rates on a rise, the California Department of Occupational Safety and Health (“Cal-OSHA”) have proposed revisions to the COVID-19 Emergency Temporary Standards (“ETS”).  On May 20, 2021, the California Occupational Safety and Health Standards Board is expected to decide on whether to send the draft revisions to the Office of Administrative Law (“OAL”).  … Continue Reading

Cal/OSHA moves forward with development of permanent COVID-19 standard while legislature considers bill to increase enforcement

California continues to move forward with new proposals for regulation and enforcement of workplace hazards associated with COVID-19.  As the Division of Occupational Safety and Health (“Cal/OSHA”) continues to develop a draft permanent standard to address COVID-19 hazards in cooperation with an advisory committee of various stakeholder groups, state legislators have proposed a senate bill … Continue Reading

ICYMI: Horizon Scanning: 2021 Environmental, health & safety law in the United States

Reed Smith’s U.S. based environmental team recently held a CLE webinar on what US environmental, health and safety legal and regulatory changes we can expect in 2021.  The webinar provided an insightful discussion on environmental policy and topics including: Environmental Policy With Biden Win: Anticipating new federal regulation and enforcement actions United States Supreme Court: … Continue Reading

Signs point to Federal OSHA issuing rule under new administration as states continue to modify COVID-19 rules and guidance

As the transition in presidential administration draws closer and COVID-19 cases continue to increase in certain parts of the country, it appears increasingly likely that the Occupational Safety and Health Administration (“OSHA”) will undertake a rulemaking relating to COVID-19.  Additionally, state plan OSHA agencies continue to revise and issue guidance relating to their own rules, … Continue Reading

California rapidly approves sweeping Cal/OSHA emergency COVID-19 regulation

Just one week after the California Division of Occupational Safety and Health (“Cal/OSHA”) made its proposed COVID-19 Emergency Regulation (“COVID-19 Rule”) available, the Occupational Safety and Health Standards Board (“OSHSB”) responsible for approving such regulations unanimously passed it without revisions.  Cal/OSHA is the fourth state OSHA plan to promulgate a rule to address COVID-19, following … Continue Reading

Swinging the Pendulum: Significant Shifts in Environmental and Safety Regulation under a Biden Administration

On November 7, 2020, Joe Biden became the projected President-elect of the United States. With an aggressive climate change plan that includes rejoining the Paris Agreement on the first day of his term, President-elect Biden and his administration will likely make significant changes to environmental, health, and safety rules and policies that will rollback Trump … Continue Reading

Quick cash in the times of COVID-19 – Section 363 sales of distressed assets and environmental liability

As we mentioned in a previous post, the COVID-19 pandemic has generated a wave of bankruptcies that we expect to continue into 2021. Companies entering 2020 in a strong financial position may now need to quickly shed distressed assets and generate cash. A Chapter 11 reorganization is likely to be too long and burdensome for … Continue Reading

EPA grants the first-ever COVID-19-related Section 18 Emergency Exemption under FIFRA

On August 24, 2020, EPA announced an emergency exemption in the state of Texas that permits American Airlines and Total Orthopedics Sports & Spine to use an antiviral that kills microbes like COVID-19 on surfaces for up to seven days.  This exemption request was submitted under Section 18 of the Federal Insecticide, Fungicide and Rodenticide … Continue Reading

Racing toward a standard: How Virginia, Oregon, and Washington are moving to regulate workplace hazards of COVID-19

Individual states’ safety agencies have undertaken the development of their own workplace safety rules in response to potential hazards from COVID-19 as the Occupational Safety and Health Administration (OSHA) has declined to promulgate specific standards and instead relied on existing regulations and guidance.  Specifically, Virginia recently published a temporary emergency COVID-19 rule, while Oregon has … Continue Reading

EPA to terminate its temporary enforcement discretion policy

On March 26, 2020, the Environmental Protection Agency (EPA) issued a memorandum about a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. Under the policy, the EPA stopped seeking penalties for certain missed environmental obligations. The policy received mixed reactions from states and environmental groups. On June 29, 2020, EPA … Continue Reading

U.S. regulatory developments: EPA issues first in a series of rules restricting ethylene oxide emissions

On June 1, 2020, the U.S. Environmental Protection Agency (EPA) announced final action to reduce emissions of ethylene oxide (EO) from certain sources. EO is an intermediary chemical used to make plastics, textiles and antifreeze, and also is used to sterilize medical devices. Scrutiny of EO has increased in the past few years due to … Continue Reading

Appeals court rejects AFL-CIO suit seeking to compel OSHA to issue COVID-19 emergency temporary standard

On May 18, the AFL-CIO filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit to compel the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) protecting U.S. workers against COVID-19.  However, on June 11, the U.S. Court of Appeals rejected … Continue Reading

Despite COVID-19 concerns, CARB continues to advance its regulation of air emissions for shipping industry; hearing set for late June

The California Air Resources Board (CARB) will conduct a public Board hearing later this month as it continues its efforts to expand the state’s existing Ocean-Going Vessels At-Berth Regulation to further reduce air emissions from ships docked in California. As earlier reported, CARB recently released further modifications to the at-berth rulemaking documents (15-day change). Due … Continue Reading

Union sues OSHA for failure to issue COVID-19 standard and the agency responds

On May 18, 2020, the American Federation of Labor and Congress of Industrial Organizations (the AFL-CIO) filed a petition against the U.S. Occupational Safety and Health Administration (OSHA) demanding that the agency issue an emergency temporary standard (ETS) to address the COVID-19 pandemic within 30 days. The case is In re: Am. Fed’n of Labor … Continue Reading

Reed Smith issues guide for UK employers preparing to reopen workplaces post-COVID-19

Following recent announcements by the UK government on how the UK economy will gradually re-open, we are pleased to share a short publication with you that highlights some of the key health, safety and workplace management topics that UK employers may need to consider as we get businesses up and running again. In addition to … Continue Reading

Some considerations on suspension of regulated activities at all or part of a facility

In the context of COVID-19, many companies are downsizing operations or, in some cases, completely eliminating product lines or shuttering facilities. The considerations that go into such a decision are difficult and complicated, in part because the effects may be felt long into the future. However, if you are faced with such a decision, here are a … Continue Reading

EPA’s self-guidance for participation in bankruptcy proceedings

The uncertainty surrounding the COVID-19 pandemic has rocked the global economy, and companies of all types and sizes are feeling the impacts. In recent weeks, certain high-profile retailers filed for Chapter 11 bankruptcy protection. Some airlines are expected to enter bankruptcy as well, and even farmers are feeling the pinch. Overall, data suggest that bankruptcies … Continue Reading

OSHA announces changes (again) to how COVID-19 cases are recorded

With most states starting to reopen after the lockdown, attention is focused on the process for getting back to work safely, and when and how employers must record COVID-19 cases as a work related illness. In response to this, OSHA has issued a revised recordkeeping enforcement memorandum outlining the applicable requirements. This comes into effect … Continue Reading

Keeping it Clean: OSHA, CDC, and state-agency guidance explains how employers can help stop spread of COVID-19

Many businesses are reopening their doors as states lift closure orders. While a plan to reopen will look different for each company, all employers should ensure they are taking appropriate cleaning and safety measures to reduce possible exposure to the virus that causes COVID-19. The Occupational Safety and Health Administration (OSHA) has recommended several measures … Continue Reading

States sue EPA over COVID-19 enforcement policy

Following on from our recent post regarding Environmental Protection Agency (EPA) policy and the controversy surrounding it , on May 13, 2020, seven states brought an action in the Southern District of New York against the EPA to challenge the agency policy under which the EPA has stated it “will not” enforce a wide range … Continue Reading

Despite COVID-19 concerns, CARB continues to revise air emissions rules for the shipping industry

The California Air Resources Board (CARB) continues its efforts to expand the state’s existing Ocean-Going Vessels At-Berth Regulation to further reduce air emissions from ships docked in California. (See here for prior alert). CARB recently released draft modifications to the At-Berth Rulemaking Documents. The modifications would include: Allowing use of an Innovative Concepts (IC) provision … Continue Reading

Post pandemic drafting with governmental authorities: Force Majeure clauses in consent agreements

On May 5, 2020, The New York Times (NYT) reported under the heading “Here come the busted deals,” that L Brands, majority owner of Victoria’s Secret, who had a seemingly airtight case for selling a majority stake in Victoria’s Secret, had agreed to let the buyer, Sycamore Partners, walk. L Brands agreed to let Sycamore … Continue Reading
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