Audit, Compliance and Risk Blog

Jon Elliott

Recent Posts

Trump Administration 2021 Budget Proposal Would Cut EPA

Posted by Jon Elliott on Wed, Feb 19, 2020

On February 10, the Trump Administration issued its budget proposal for federal Fiscal Year (FY) 2021 (October 1, 2020 through September 30, 2021), entitled “A Budget for America’s Future.” The drastic changes in budgeting for environmental health and safety (EH&S) regulation are consistent with previous proposals from this administration. They have no chance of adoption, particularly given the Democrats’ control of the House of Representatives, but still represent a fair summary of the President’s continuing priorities.

Read More

Tags: Business & Legal, Environmental risks, Environmental, EPA

Appeals Court Affirms OSHA’s Approach to Workplace Air Testing and Respiratory Protection

Posted by Jon Elliott on Tue, Feb 11, 2020

The Occupational Safety and Health Administration (OSHA) requires employers to evaluate whether air quality in their workplaces requires respiratory protection for workers, and to establish comprehensive evaluation and respiratory protection programs where necessary. (I wrote about recent revisions here). Late last year, a federal appeals court upheld OSHA’s approaches to workplace testing requirements under the Respiratory Protection Standard (Standard) (Secretary of Labor v. Seward Ship's Drydock, Inc.).

Read More

Tags: Business & Legal, Employer Best Practices, Health & Safety, OSHA, Employee Rights

Ontario Courts Reaffirm the Weave of the Corporate Veil

Posted by Jon Elliott on Fri, Feb 07, 2020

One of the enduring benefits of the corporate form is the treatment of corporations as separate “people,” distinct from their owners when questions of legal rights, responsibilities and liabilities arise. This separation extends not just to individual investors and shareholders, but in most circumstances to the corporate directors and officers who decide what their corporation does. Common law courts and federal and provincial corporation statutes define the exceptions – usually based on what are called “piercing the corporate veil” between the company and its controlling minds, or by deciding that those controllers run the corporation as an “alter ego” rather than as a distinct legal person. In recent months, two cases in Ontario have given courts the opportunities to review and reaffirm these traditional approaches.

Read More

Tags: Corporate Governance, Business & Legal, International, Canadian, directors, directors & officers

Northeastern States Propose Regional Cap-and-Trade Program to Reduce Greenhouse Gases From Transportation

Posted by Jon Elliott on Tue, Feb 04, 2020

After nearly a decade of talking and planning, most of the northeast and middle Atlantic states (plus the District of Columbia) in the Transportation and Climate Initiative (TCI) have proposed a cap-and-trade program intended to reduce greenhouse gas (GHG) emissions from transportation. On October 1, TCI issued a “Framework for a Draft Regional Policy Proposal,” and on December 17 a formal “Draft Memorandum of Understanding (MOU)” that jurisdictions can sign to formalize their participation. If things go well, the formal program should begin in 2020.

Read More

Tags: Business & Legal, Environmental risks, Environmental, Greenhouse Gas, ghg, cap-and-trade

New EPA Policy Redefines “Ambient” Air on Stationary Source Sites

Posted by Jon Elliott on Tue, Jan 28, 2020

Although a major focus of the Clean Air Act (CAA) is the definition, attainment and maintenance of national ambient air quality standards (NAAQSs), the statute doesn’t define the term “ambient air.” This gap leaves the Environmental Protection Agency (EPA) to develop regulatory and policy definitions that delimit the reach of CAA authority. Since 1971, EPA’s definition defines “ambient air” as “that portion of the atmosphere, external to buildings, to which the general public has access.” EPA also provides additional details in a series of policy documents, which have just been updated with a  memorandum from EPA Administrator Wheeler to expand the exclusions for onsite air.

Read More

Tags: Business & Legal, Environmental risks, Environmental, EPA, CAA

Chemical Safety Board Proposes Accident Reporting Regulations

Posted by Jon Elliott on Tue, Jan 14, 2020

The federal Chemical Safety and Hazard Investigation Board – which usually refers to itself as the Chemical Safety Board or CSB – began operations in 1998. CSB conducts independent investigations of major chemical accidents, issues accident-specific findings, and offers specific or general recommendations for improved chemical handling and regulation (I wrote about one set of proposals here). Since its authorization in the 1990 Clean Air Act (CAA) Amendments, CSB has also had authority to establish chemical accident reporting regulations.

Read More

Tags: Environmental risks, Environmental, Hazcom, RCRA, CAA, csb

EPA Completes Re-Revisions to Accidental Release Prevention Rules

Posted by Jon Elliott on Mon, Dec 23, 2019

On November 20, 2019, the Environmental Protection Agency (EPA) completed its latest review and revisions to the Accidental Release Prevention (ARP) program for toxic catastrophe prevention under the Clean Air Act (CAA). These changes complete the Trump Administration’s review and repeal of most changes enacted during the Obama Administration, returning ARP requirements to roughly the point they were at before 2016. The remainder of this note summarizes these changes.

Read More

Tags: Business & Legal, Environmental risks, Environmental, EPA, Hazcom, CAA

EPA Adds Aerosol Cans to Universal Wastes

Posted by Jon Elliott on Thu, Dec 19, 2019

The Resource Conservation and Recovery Act (RCRA) assigns the US Environmental Protection Agency (EPA) to define and then regulate “hazardous wastes.” RCRA provides EPA considerable discretion, and one way the agency applies that discretion is by separating hazardous wastes into categories that are subject to distinct waste management requirements. One basis for these categorizations is relative risk – since 1995, EPA has defined a limited set of lower-risk wastes as “universal wastes” subject to special rules intended to encourage recycling (40 CFR part 273).

Read More

Tags: Environmental risks, Environmental, EPA, Hazcom, RCRA

Protecting Workers Working Alone

Posted by Jon Elliott on Tue, Dec 17, 2019

If it’s true that “there’s safety in numbers,” it’s just as true that employees working in isolation risk more severe consequences from most incidents.  Worker protection laws have long recognized this truism in industrial settings where medical emergencies, accidents, or even “bad air” can be fatal to a lone worker who could readily be rescued by co-workers were any present. In recent years, worker protection agencies in most Canadian provinces have adopted requirements to protect “workers working alone or in isolation.” The movement has spread to the United States, including a special focus on hotel workers. Because of these trends, now is a good time to review requirements and compliance programs.

Read More

Tags: Business & Legal, Health & Safety, OSHA, Workplace violence

EPA Seeking to Enhance Water Quality Trading

Posted by Jon Elliott on Thu, Dec 12, 2019

For nearly 30 years, environmental regulation has included examples of market-like mechanisms, where overall pollution limits (“budgets”) are set and individual sources assigned trade-able “emission credits” that can be traded among sources as they negotiate the most efficient pathways to overall reduction necessary to meet the budget. Although proliferating “cap and trade” systems for greenhouse gases are probably the most widely known, other examples abound.

Read More

Tags: Environmental risks, Environmental, EPA, clean water