At the end of March, a new OSHA policy will go into effect expanding penalties for instance-by-instance (IBI) citations. The move signals OSHA’s stated commitment to increased enforcement in 2023 and beyond.
IBI citations are those for which OSHA could issue multiple citations, with corresponding penalties, for each instance of alleged non-compliance—separate penalties for each
This week, we wrap up our forecast of annual trends with a focus on environmental, health, and safety issues that we expect many manufacturers may face this year.
1. ESG Developments
Last year, we reported on the SEC’s Proposed Rule on Climate-Related Disclosures. The SEC is expected to finalize this rule in 2023, perhaps as
The State of California has always been a leader in regulating chemical ingredients contained in products sold in the state (think Prop 65), and it has turned its sights towards per- and polyfluoroalkyl substances (PFAS). There are already laws on the books banning the sale or distribution of PFAS-containing food packaging and children’s products, and
Below is an excerpt of an article co-authored with Jon Schaefer and published in Industry Week on July 8, 2022. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Last week, the U.S. Supreme Court issued its decision that the
Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health advisories are listed below:
| PFAS | Health Advisory (in parts per trillion) |
| PFOA (perflurooctanoic acid) | 0.004 ppt |
| PFOS (perfluorooctane sulfonic acid) |
True to its word, the SEC released its proposed rule, The Enhancement and Standardization of Climate-Related Disclosures for Investors, last week. The rule would require companies to disclose a wide variety of climate-related information, including information about climate-related risks that are reasonably likely to have material impacts on its business and/or its consolidated financial
While we await the SEC’s proposed rules regarding mandatory climate change disclosures (signaled to be coming as soon as next Monday, March 21), the SEC has been digging in to company filings to scrutinize how, if at all, its registrants are addressing climate change. As we previously reported, the SEC took a number of
Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of manufacturers in 2022.
1. Emerging Contaminants
We have been talking about per- and polyfluoroalkyl substances (PFAS) for so long
Thank you to my colleagues Jonathan Schaefer and Abby Warren for their contributions to this post.
We take a break from our regularly scheduled “2022 outlook” programming to bring you breaking news on the seesaw that is the enforcement of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing. As we previously reported, it
Thank you to Jonathan Schaefer for this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously