By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
The Occupational Safety and Health Administration issued yesterday an enforcement memo (Memo) and an interim policy (Policy) on the PSM retail exemption.
Tho Memo revised OSHA’s interpretation of the exemption of retail facilities from coverage of the Process Safety Management of Highly Hazardous Chemicals (PSM) standard (29 CFR
Continue Reading OSHA Enforcement Memo and Interim Policy on the Process Safety Management Retail Exemption
By Patrick D. Joyce and Craig B. Simonsen
The U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking water resources. 80 Fed. Reg. 32111 (June 5, 2015).
The report, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil
Continue Reading EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing
By Jay W. Connolly, Aaron Belzer, and Jared L. Palmer
On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et al., No. A139821, 2015 WL 1212155 (Cal. Ct. App. Mar. 17,
Continue Reading Impact of California Appellate Decision on Proposition 65 Actions Unclear
By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen
In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations that present a continuing hazard. Secretary of Labor v. Delek
Continue Reading OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations
By Brent I. Clark and Craig B. Simonsen
OSHA and its sister agency the National Institute for Occupational Safety and Health (NIOSH) have just released a “Hazard Alert” on Worker Exposure to Silica During Countertop Manufacturing, Finishing and Installation.
We had previously blogged about NIOSH’s “Hazard Alert” for Worker Exposure to Silica During Hydraulic Fracturing. In addition,
Continue Reading Hazard Alert on Worker Exposure to Silica in Countertop Manufacturing Industry
By Andrew H. Perellis and Craig B. Simonsen
EPA published today a Significant New Use Rule (SNUR) for Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy) (Pentane SNUR) under the Toxic Substances Control Act (TSCA), 15 U.S. Code Chapter 53.
The rule was adopted in response to the pre-manufacture notice PMN P–07–204, for the chemical identified as CAS No. 870778–34–0. Potentially affected entities under the
Continue Reading EPA Significant New Use Rule for Pentane… Chemical Requires Impervious Gloves
By Ilana R. Morady, Meagan Newman, and Craig B. Simonsen
The U. S. Environmental Protection Agency introduced this week the “Safer Choice” label, indicating that Safer Choice helps consumers, businesses, and purchasers find products that perform well and are safer for human health and the environment.
We had blogged last year that EPA’s Office of Inspector General
Continue Reading EPA Unveils the Safer Choice Label
By Ilana R. Morady and Meagan Newman
On January 15, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a Notice of Proposed Rulemaking to modify the clear and reasonable warning regulations under Proposition 65.
As most businesses residing in or doing business in California know, Proposition 65 is the law that requires businesses to notify Californians about the
Continue Reading California Proposes New Rules For Proposition 65 Clear And Reasonable Warnings
By Brent I. Clark and Craig B. Simonsen
OSHA has just released a new Safety Bulletin on “Hydraulic Fracturing and Flowback Hazards Other than Respirable Silica” (OSHA 3763-12 2014).
Hydraulic fracturing involves pumping large volumes of fluid blended with proppant and chemicals at pressures necessary to fracture a “hydrocarboncontaining formation.” According to OSHA, each year, an estimated 35,000
Continue Reading New OSHA Hazard Safety Bulletin for the Hydraulic Fracturing Industries
By Ilana R. Morady, Meagan Newman, and Craig B. Simonsen
The EPA, in an effort to expand the number of chemicals and functional-use categories on its Safer Chemical Ingredients List (SCIL), is inviting chemical manufacturers to submit their chemicals for review and listing.
The SCIL includes chemicals that have met EPA safety criteria developed by the Design for the
Continue Reading EPA Wants Your Chemicals to be Designated as Safer Chemical Ingredients