Last week, I had the pleasure of attending our law firm’s 6th Annual Environmental & Energy Issues Summit in Newport, Rhode Island. Robinson+Cole’s Environmental and Energy Issues Summit brings industry leaders together to discuss topics and regulatory updates relevant to environmental and energy professionals. This year’s program included subjects such as “Plant Closures, Temporary Employees, … Continue Reading
Everyone knows that the permissible exposure limits or PELs set forth in various OSHA standards are pretty old (most have not been updated since 1971), and that we’ve learned a lot about chemical exposure and human health in the years since those PELs were originally published. OSHA knows it, too. Furthermore, of the thousands of … Continue Reading
OSHA just announced updates to its reporting and recordkeeping requirements for injuries and illnesses, found at 29 CFR 1904. The updates include changes to who is required to comply with the recordkeeping rules, and expands the work-related injuries that must be reported. Recordkeeping The list of industries exempt from routine recordkeeping (think OSHA 300 log) has … Continue Reading
Last week, Pam addressed the issue of temporary workers from an EHS perspective. Now, in this installment of one of our “360” posts, I’ll comment on the liability risks of having temporary employees. First, an introductory note. I understand from my conversations with manufacturing executives that many companies need to use staffing agencies in order to locate skilled workers. In most cases, companies … Continue Reading
We occasionally write what we refer to among ourselves as a “360” post, as in 360 degrees, or looking at an issue from all sides. I’ll write about EHS, Nicole about labor or employment issues, and Jeff will focus on other potential liability, all associated with a single factual scenario. The way the law and … Continue Reading
A lesser known resource for smaller businesses that want to understand their potential safety and health hazards is the OSHA consultation service. Separate and distinct from OSHA’s inspection efforts, which can result in citations and proposed penalties, OSHA’s consultation service is intended to help a business identify potential hazards. Manufacturers have taken advantage of this … Continue Reading
As we approach the end of 2013, here is a list of legal reminders that we often think about with respect to our manufacturing/distributing clients: Pam (OSHA/Environmental): Resiliency – This will be one of the new watch words in 2014. It means being prepared for the unexpected, like unusual weather events. Is your business prepared? … Continue Reading
OSHA recently announced its new online complaint filing process for whistleblowers making it easier to file complaints against manufacturers on a 24-hour basis. OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health … Continue Reading
Two short posts today – new proposed regs, and a reminder Pam: OSHA is proposing significant changes to the recordkeeping associated with injuries and illnesses. OSHA is proposing a rule that will require electronic reporting on a much more frequent basis. First, OSHA is proposing that workplaces more than 250 employees who are already required … Continue Reading
Last week, we discussed the new OSHA “Annotated Permissible Exposure Limits,” which OSHA announced in a press release dated Thursday, Oct. 24. In the same press release, OSHA announced its new “Safer Chemical Tool Kit” for employers. The idea is to go beyond compliance, and substitute, reduce, or even eliminate chemical hazards. This is not a … Continue Reading
In a press release dated Thursday, Oct. 24, OSHA let industry know that it was issuing guidance for employers in the form of “Annotated Permissible Exposure Limits.” Recognizing that its published Permissible Exposure Limits or PELs (i.e., the concentrations of chemicals to which an employee can be safely exposed during a work shift) are often … Continue Reading
Did you know…. your compliance history (and other information about your company or your site) is readily available on USEPA and OSHA’s websites, as well as many state environmental agency websites. Envirofacts, at EPA, has the most information. Someone can search the “Multisystem” database, or by various topic searches: air, waste, facility, land, toxics, compliance, … Continue Reading
It’s rare enough to read about OSHA in the New York Times, but the front page of the Business Section? Reading my coffee Saturday morning, this was the headline: New Rules Would Cut Silica Dust Exposure. So, this is news, and pretty big news. OSHA’s taken its time, but on Friday, it finally announced its … Continue Reading
Last week, OSHA announced that it cited Republic Steel for 24 safety violations at one of its mills. Fifteen of the 24 violations were willful. The background regarding OSHA’s actions are described in the article in EHSToday, which is a useful website for anyone interested in safety issues. David Michaels, assistant secretary of labor for … Continue Reading
* The Manufacturing Law Blog provides timely commentary on issues of importance to manufacturers and distributors. Contributors from the law firm of Robinson & Cole LLP are corporate compliance and litigation attorney, Jeff White; environmental, health and safety attorney, Pam Elkow; and labor and employment attorney, Nicole Bernabo. One of the goals of the Manufacturing Log Blog … Continue Reading
* The Manufacturing Law Blog provides timely commentary on issues of importance to manufacturers and distributors. Contributors from the law firm of Robinson & Cole LLP are corporate compliance and litigation attorney, Jeff White; environmental, health and safety attorney, Pam Elkow; and labor and employment attorney, Nicole Bernabo. Each week, Chris Matthews ends his show by … Continue Reading
As I type this, it’s the first day March Madness, the first day of spring (despite the snow on the ground outside), and December 1, 2013 seems very far away. Yet, it’s the first deadline in the new, revised Hazard Communication standard. A quick review: On March 21, 2012, OSHA revised the Hazard Communication Standard … Continue Reading
One of the goals of the Manufacturing Log Blog is to provide analysis of legal issues from many different vantage points. Pam, Nicole, and I focus on different substantive areas for our clients that manufacturer or distribute products, and thus, we can effectively offer a holistic approach to issues that arise. As a result, this … Continue Reading
With enough to worry about when it comes to employee safety, what you should not be worrying about is getting cited for violations you didn’t commit. Unfortunately, in the OSHA realm, that has happened just because someone wasn’t keeping very good records. This is particularly true when it comes to training. OSHA standards require a … Continue Reading
For many months, I had been thinking about creating a blog that would focus on legal and related business issues that are facing manufacturers and distributors both within our firm’s northeast region footprint and through the country. Although there are thousands of bloggers out there, few, if any, are focused on legal issues that face … Continue Reading
