Emerging legislation and regulations

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The explosive growth of ridesharing companies has left states facing a potential, albeit unintended, increase in greenhouse gas emissions (for example, carbon dioxide generated by fuel combustion). As a result, the California Air Resources Board (CARB) is developing the Clean Miles Standard, which aims to reduce greenhouse gas emissions from ridesharing companies.
Continue Reading Hailing all rideshare: The California Clean Miles Standard is set to hit the road this year

The Occupational Safety and Health Administration (OSHA) and the California Department of Occupational Safety and Health (Cal/OSHA) have issued various guidance regarding potential workplace hazards resulting from exposure to COVID-19 (see our recent client alert for more information). Most recently, on April 3, 2020, OSHA issued enforcement guidance to all industries indicating that respiratory protection certified by certain non-U.S. jurisdictions may be used as mandatory or voluntary personal protective equipment (PPE) in the workplace where masks approved by the National Institute for Occupational Safety and Health were not available (https://www.osha.gov/memos/2020-04-03/enforcement-guidance-use-respiratory-protection-equipment-certified-under).

This guidance was issued in conjunction with similar announcements from the U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration recommending the use of face masks by the general population and expanding approvals of certain masks from foreign jurisdictions for use by health care personnel, respectively. As these three announcements are likely to significantly expand the use of respiratory protection in the workplace, one area where many “nonmedical” employers may seek advice is how to safely dispose of PPE, for example, gloves and face masks that were used in the workplace and that may have been exposed to the COVID-19 virus. Specifically, once an employee uses such PPE, is it considered “medical waste,” or can it go out with the regular trash?Continue Reading Novel coronavirus – How employers should dispose of personal protective equipment

A recent decision by a California court of appeal clarified the breadth of the California Water Resources Control Board’s (Board) subpoena power, which could have implications for other state agencies in California and elsewhere.  Moreover, private entities which are the subject of an administrative investigation may have a difficult time withholding financial records even if those records are not related to the alleged violations, and even if the subpoenaed entity is not directly responsible for any of the alleged violations.
Continue Reading Administrative agencies have broad subpoena power

Five years after its first iteration, yesterday (11 March 2020), the European Commission launched its new Circular Economy Action Plan (CEAP) as part of the overall European Green Deal.

The CEAP contains many proposals.  We will explore others (including those relating to batteries, packaging, plastics, textiles, ‘safe-by-design’ chemicals, non-financial reporting and shipment of waste) in separate posts.

For now, here is a brief outline of some of the more eye-catching proposals from a ‘sustainable products’ – in particular, electronics – perspective.
Continue Reading New EU Circular Economy Action Plan and Sustainable Product Policy

Earlier this month, the U.S. Occupational Safety and Health Administration (OSHA) published information on novel coronavirus (COVID-19) hazard recognition, medical information, potentially applicable OSHA standards, control and prevention, and additional resources. The guidance notes that without sustained human-to-human transmission, most U.S. workers remain at low risk of exposure and infection. However, OSHA has identified commonsense practices for all workers and employers to help prevent worker exposure to COVID-19, including proper handwashing with the use of an alcohol-based rub (hand sanitizer). OSHA also cautions workers to avoid touching their eyes, nose, and mouth with unwashed hands and to avoid close contact with sick people. The guidance lists additional precautions for workers involved in health care, deathcare, laboratories, airline operations, border protection, and solid waste and wastewater management. OSHA’s guidance is available here.
Continue Reading OSHA and Cal/OSHA issue coronavirus guidance

The European Commission is seeking feedback on a proposed initiative to revise the EU Non-Financial Reporting Directive (NFRD) (EU Directive 2014/95/EU), with submissions due by 27 February 2020.

The NFRD requires certain large companies to annually disclose a range of non-financial information, including in relation to the environment, social and employee matters, human rights,…

The Washington State Department of Labor and Industries (L&I or Department) recently released two documents related to its development of a refinery-specific process safety management (PSM) rule. First, L&I released a revised draft of its proposed refinery-specific PSM rule language; the Department, however, will not be accepting comments on this language until formal rulemaking begins…

The U.S. Chemical Safety Board (CSB or Agency) recently published a Notice of Proposed Rulemaking for its accidental reporting rule in the Federal Register (Proposed Rule). The CSB was established by the Clean Air Act Amendments of 1990, which directed the Agency, among other things, to investigate and report on any accidental release “resulting in a fatality, serious injury or substantial property damage.” The statute also required the CSB to issue a rule governing the reporting of accidental releases to the CSB under 42 U.S.C. section 7412(r)(6)(C)(iii), which the Agency has not done since it began operations in 1998. Following a lawsuit by advocacy groups, the Agency is now being required by court order to promulgate reporting requirements by February 2020.
Continue Reading CSB proposes rule on accidental release reporting

On November 7, 2019, OSHA held a public stakeholder meeting on safety key performance indicators (KPIs).  During this meeting, the agency sought input from employers and industry groups on leading and lagging safety KPIs.  Specifically, OSHA aimed to gather information about: (1) how companies regularly implement leading indicators; (2) how the information is used to strengthen work protection best practices; (3) the possibility of creating a digital library of leading indicators accessible on the OSHA website; and (4) next steps for OSHA’s leading and lagging indicators.  The agency did not specify how this information would be used and, specifically, whether it would be utilized to develop a future rulemaking or guidance document.
Continue Reading OSHA conducts public stakeholder meeting on safety key performance indicators

The U.S. Environmental Protection Agency (EPA) has finalized a reconsideration rule rescinding many of the agency’s changes and additions made during the Obama administration to strengthen the Risk Management Program (RMP) regulations that address facilities using highly hazardous chemicals. This rulemaking follows the D.C. Circuit’s decision in 2018 that the EPA’s previous effort to rescind the new RMP elements was not justified by sufficient rationale, and so includes additional information regarding the basis for the agency’s decision. The new reconsideration rule specifically rescinds requirements relating to root cause analysis incident investigations, third-party audits, safer technology and alternatives analysis (STAA), and public availability of information, but retains certain requirements relating to emergency response and coordination.
Continue Reading EPA again rolls back Obama Administration RMP regulations