Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have previously discussed, the ETS had undergone a number of legal challenges. Most recently the United States Supreme Court stayed the ETS and
OSHA Publishes Updated COVID-19 Guidance
On June 21, 2021, OSHA made big news by publishing its COVID-19 Emergency Temporary Standard for the Healthcare Industry (ETS). While the ETS does not apply to most manufacturing facilities, OSHA also updated its general COVID-19 guidance earlier this month.
This guidance is intended to assist all employers and workers not subject to the ETS
Coca-Cola Sued For Deceptive Sustainability Claims
Last week, Coca-Cola was sued by Earth Island Institute for deceptive marketing regarding its sustainability efforts “despite being one of the largest contributors to plastic pollution in the world.”
In the Complaint, Earth Island Institute, a not-for-profit environmental organization, alleges that Coca-Cola is deceiving the public by marketing itself as sustainable and environmentally friendly while
Environmental Justice: An EPA Enforcement Priority
As we reported at the beginning of the year, President Biden has been making environmental justice one of his priorities since long before he took office. The United States Environmental Protection Agency (EPA) recently took a step to add some teeth to the Biden Administration’s commitment to increase environmental enforcement in communities disproportionally impacted by
OSHA Implements COVID National Emphasis Program
As a part of its ongoing efforts to increase workplace attention on COVID-19, OSHA recently released a new COVID-19 National Emphasis Program (NEP), signaling a commitment to expand its inspection and enforcement efforts to protect workers at high risk for contracting the virus.
The NEP indicates that OSHA will target its inspections on high-risk industries
Breaking the chain of “substantial continuity” — Tenth Circuit clarifies test for repeat OSHA violations
Below in an excerpt from an article authored by Robinson+Cole Environmental, Energy + Telecommunications Group lawyers Megan E. Baroni, Christopher Y. Eddy, Peter R. Knight, and Jonathan H. Schaefer that was published in ISHN (Industrial Safety & Hygiene News).
The Occupational Safety and Health Act provides for increased penalties for employers who
EPA Issues Interim Strategy for Addressing PFAS in Wastewater Permits
As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS). EPA continues to make progress implementing the PFAS Action Plan and is working on a more formal framework for addressing PFAS under the
OSHA COVID-19 Update
As COVID-19 cases have continued to rise across the United States, so have COVID-related OSHA complaints and investigations. OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations on a daily basis and posting the results posting the results on its website.
Federal OSHA has initiated over 1,000 investigations related to COVID-19. As
Significant Increase in OSHA Whistleblower Complaints and Caseloads Due to COVID-19
Since at least March, manufacturers, and the entire U.S. economy, have been experiencing unprecedented conditions as a result of the COVID-19 pandemic. COVID-19 has not only changed where and how manufacturers operate, but also safety protocols across the board.
It will likely come as no surprise to any manufacturer, that since February there has been
Virginia Issues First COVID-19 OSHA Standard
While Federal OSHA has issued numerous COVID-related guidance documents, it has declined to issue an enforceable COVID standard. Instead, OSHA continues to reference numerous other statutory and regulatory standards that potentially apply to what OSHA may determine are COVID-related deficiencies in the workplace.
Recently, the Commonwealth of Virginia took matters into its own hands and