Audit, Compliance and Risk Blog

Managing radon infiltration

Posted by Jon Elliott on Tue, Dec 03, 2024

Radon gas is released naturally by radioactive decay within rock formations, from where it can percolate to the surface and infiltrate basement and trenching, and then produce hazardous concentrations if trapped or spread throughout the structure by the ventilation system. Because of its radioactive origin, radon can pose health risks – it’s the leading cause of lung cancer in non-smokers. The US Environmental Protection Agency (EPA) administers extensive information programs, which encourage in-building testing (especially in housing), and provides guidance for hazard reduction. EPA’s authority derives primarily from the Indoor Radon Abatement Act of 1988 (codified as Title III of the Toxic Substances Control Act (TSCA)). In addition, the Occupational Safety and Health Administration (OSHA) considers radon a type of ionizing radiation subject to worker protection requirements. The remainder of this note provides background to radon hazards and their management, referencing information from EPA, OSHA and other agencies and professional organizations. 

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Tags: OSHA, Environmental risks, Environmental, EPA, workplace safety, Environment, Environmental Policy, Hazardous Chemicals

EPA guidance on indoor ventilation protections against viruses

Posted by Jon Elliott on Wed, Nov 20, 2024

The US Environmental Protection Agency’s (EPA’s) Indoor Air Quality (IAQ) program offers guidance how to use ventilation to help prevent the spread of respiratory viruses in “indoor public spaces” including offices and commercial locations. As north America approaches winter months when more people spend more time indoors, it’s a good time to review these suggestions. The rest of this note summarizes EPA guidance. 

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Tags: EPA, clean air, workplace safety, Indoor Air Quality, Health and Safety Compliance, IAQ, Ventilation Strategies, Respiratory Virus Prevention

California revises greenhouse gas emission and financial risk reporting laws

Posted by Jon Elliott on Tue, Nov 12, 2024

On September 27, 2024, California’s governor Gavin Newsom signed Senate Bill (SB) 219, amending greenhouse gas (GHG) emission reporting requirements for targeted organizations doing business in the state, enacted in 2023 (SB 253 (Wiener) (Climate Corporate Data Accountability Act) and SB 261 (Stern)) and initially scheduled to require compliance beginning January 1, 2025. (I wrote about them HERE) SB 219 revises and delays emissions reporting requirements. The revised requirements will still be administered by the California Air Resources Board (ARB), expanding its longstanding air quality and climate authority (GHG provisions center on the Global Warming Solutions Act of 2006 ((AB 32)). The remainder of this note discusses the revisions made by SB 219. 

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Tags: California Legislation, Environmental risks, Environmental, Greenhouse Gas, Environmental Projects, California, Environment, Environmental Policy

EPA issues Herbicide Strategy to protect endangered species from pesticides

Posted by Jon Elliott on Fri, Nov 01, 2024

In recent years, the US Environmental Protection Agency (EPA) has reviewed its overlapping responsibilities to regulate pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and to protect endangered and threatened species under the Endangered Species Act (ESA). In August, EPA completed its latest step in these efforts by issuing its “Herbicide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Herbicides” (Herbicide Strategy). The rest of this note summarizes the Herbicide Strategy, and provides context regarding EPA’s FIFRA and ESA authorities. 

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Tags: Environmental risks, Environmental, EPA, Environmental Projects, Environment, Environmental Policy, environmental protection

Agencies provide hurricane preparation and response guidance

Posted by Jon Elliott on Fri, Oct 25, 2024

In October, the US Occupational Safety and Health Administration (OSHA) and other federal agencies reacted to hurricanes in the Southeast by re-highlighting existing guidance to support preparation for potential hurricanes, and to respond if one occurs. OSHA’s guidance is directed at employers, the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA) provide more generalized guidance, and the Centers for Disease Control and Prevention (CDC) target families. The rest of this note summarizes this timely information, centering on OSHA’s offerings. 

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Tags: Health & Safety, OSHA, Environmental risks, Environmental, Environment, Weather, weather safety, hurricane

OSHA safety requirements for powered hand tools

Posted by Jon Elliott on Thu, Oct 17, 2024

OSHA issues safety standards for the design and use of portable powered tools and other handheld equipment items. (29 CFR 1910.242 – 1910.244). These standards focus on safe use of powered hand tools, as well as on safety features such as lock-outs and guards. The standards define general requirements for all equipment defined as powered hand tools, including specific definitions for following: explosive-actuated; fastening tools; abrasive wheels; and jacks. The remainder of this note summarizes these requirements.

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Tags: Health & Safety, OSHA, Safety and Health at Work, workplace safety

EPA reinstates “Once in Always in” policy for major sources of hazardous air pollutant emissions

Posted by Jon Elliott on Wed, Oct 09, 2024

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to define “hazardous air pollutants (HAPs)” that may pose acute health hazards, and to impose regulations to reduce those hazards. Controls include permits for “major sources” of HAPs based on “Maximum Achievable Control Technologies (MACT),” and lesser controls for non-major “area sources.” Effective September 10, 2024 EPA has reinstated a policy that an emission source that met major source criteria at the time an applicable MACT became effective is “once in, always in” – even if a source makes binding changes reducing its “potential to emit” below the applicable major source threshold, it still cannot formally requalify as a less-regulated area source. This policy was in force from 1995 until EPA reversed it in January 2018 to allow full reclassification. EPA subsequently codified this approach in a rule issued in 2020. However, EPA has now revised that rule to reinstate “once in, always in.” The rest of this note summarizes CAA requirements for HAP sources, and the latest change. 

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Tags: Environmental risks, CAA, clean air, Air Toxics, Environment, Clean Air Act, environmental protection

Environmental issues in the party platforms for the 2024 US election

Posted by Jon Elliott on Mon, Sep 30, 2024

As the 2024 Presidential election enters its final stages, both major parties have published their election platforms. The Democrats have published a total of 91 pages covering all their promises, and the Republicans have published 16 pages. In 2020, the Democrats also published 91 pages, while the Republicans instead adopted a resolution promising continuity with ongoing Trump administration priorities (I wrote about the 2020 pronouncements HERE ). The remainder of this note summarizes the environmental elements in both parties’ 2024 platforms. Both documents conform to the parties’ general priorities, with the Democrats emphasizing continuing and expanding environmental policies of the most recent years while the Republicans promise to reduce regulatory burdens in line with returning to the policies of their most recent administration.

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Tags: Environmental, Environment, environmental law, environmental protection, USA

New York adopts workplace violence requirements for retailers

Posted by Jon Elliott on Thu, Sep 26, 2024

On September 5, New York’s governor Kathy Hochul signed the Retail Worker Safety Act (A8947-C/S8358-C) to require employers to take steps to protect employees in retail stores from workplace violence (NY Labor Law sec. 27-e). The new law assigns the New York Department of Labor (NYDOL) to develop model policy and training documents for use by employers. Most requirements are effective as of March 4, 2025. These retail workplace violence prevention (WVP) requirements are comparable to public sector employer requirements in place since 2007 (NY Labor Law sec. 27-b), which are also administered and enforced by NYDOL. The rest of this note describes these new requirements. 

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Tags: Health & Safety, Workplace violence, Safety and Health at Work, workplace safety, safety violations

OSHA issues bird flu safety fact sheet

Posted by Jon Elliott on Wed, Sep 18, 2024

While the world adapts to the ongoing presence of COVID-19 and its hazards, other potential pandemic diseases continue to cause concerns. One example is avian influenza, also known as bird flu. In the US, the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) note that avian influenza H5N1 was first seen in the U.S. in migratory birds in 2015, and in agricultural poultry stock beginning in 2022. Since then, a few mammal infections have been confirmed, and in April 2024, a dairy farm worker tested positive for avian influenza A (H5N1). This history confirms a slow expansion of pathways to infection, and at-risk species extending to include humans. There have not yet been confirmed human-to-human transmissions, which could trigger the next pandemic if they began to proliferate (just as COVID-19 did a few years ago). As these concerns rise, in August 2024 OSHA gathered and updated safety information about Bird Flu, which I summarize below. 

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Tags: Health & Safety, OSHA, Safety and Health at Work, workplace safety