Audit, Compliance and Risk Blog

New Hampshire becomes latest state to require employers to allow guns at work

Posted by Jon Elliott on Fri, Mar 07, 2025

One important issue for employers to consider in their workplace safety and workplace violence prevention efforts is whether to allow employees to bring weapons to work, and if so whether to place limitations on their storage or handling – locked in an employee’s vehicle, for example. Many employers prohibit weapons on workplace premises, including the US Postal Service via its regulations (39 CFR 232.1.) In recent years, however, increasing numbers of states restrict or even prohibit employers from limiting employee weapons, at least in parked vehicles. Most recently, on January 1, 2025 New Hampshire became the latest state to block employer restrictions. 

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Tags: OSHA, Workplace violence, Compliance Safety, workplace safety, Gun Laws

Trump administration reworking the Environmental Protection Agency

Posted by Jon Elliott on Tue, Mar 04, 2025

Since returning to office in January, President Trump and his administration have promulgated many actions to reduce and revamp the US federal government, and additional actions focused on specific agencies. I wrote about general approaches to environmental regulation HERE. In addition, The Environmental Protection Agency (EPA) has been a target of specific directives, and new EPA administrator Lee Zeldin has already announced important policy and procedural changes at his agency. The remainder of this note summarizes EPA-specific changes ordered and/or instituted as of the end of February 2025.

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Tags: EPA, tsca, clean water, Executive Order, Clean Air Act, environmental protection, Environmental Compliance, Trump, Trump Administration, Environmental Protection Agency

How President Trump and the Republican-led Congress make environmental regulatory changes?

Posted by Jon Elliott on Thu, Feb 27, 2025

Incoming President Trump and the Republican majorities in Congress have begun sweeping plans to reverse many of the outgoing Biden Administration’s environmental policies. The timing and practicality of these reversals depends very much on each of the targeted activity’s legal form – law, regulation, Executive Order (EO), or guidance document. They also depend on where each particular target is in the governmental process: a non-binding policy, a proposed regulation subject, a final regulation subject to administrative appeals or court attacks, and a final regulation. President Trump has taken early executive action under each of these sets of situations. I will write about some separately, but the remainder of this note summarizes each general type of situation, with examples of each set out in order ranging from quickest/easiest to most time consuming/difficult. 

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Tags: EHS, sustainability, Executive Order, Environmental Compliance, Policy Change, Trump, Trump Administration, Regulations

Environment and Climate Change Canada publishes Phase 1 reporting guidelines for Federal Plastics Registry

Posted by Jon Elliott on Mon, Feb 24, 2025

Canada has established a goal of zero plastic waste by 2030, and has established a variety of regulatory and informational programs to pursue that goal. As part of these effort, Environment and Climate Change Canada (ECCC) has established the Federal Plastics Registry (FPR), along with accompanying regulations requiring reporting by targeted producers of plastic packaging, electronic and electrical equipment, and single-use or disposable products. These entities’ reporting requirements expand annually in three “phases,” beginning with Phase 1 reports starting with selected 2024 data due by September 29, 2025. (I wrote about ECCC’s proposal to establish the FPR, HERE). The remainder of this note summarizes Phase 1 requirements and identifies Phase 2-4 targets.

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Tags: Environmental risks, Environmental, climate change, Environmental Projects, Environment, Environmental Policy, Climate, plastics, Environmental Compliance, Plastic Waste

Trump's first day executive orders and memoranda reversing Biden environmental initiatives

Posted by Jon Elliott on Thu, Feb 20, 2025

Since re-entering office, President Trump has moved quickly to reverse many of President Biden’s environmental policies; actions include a flurry of Executive Orders (EOs) that reverse or cancel his predecessors EO-based and other environmental initiatives. The remainder of this note summarizes changes presented in the initial EOs. 

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Tags: Environmental, Environment, Environmental Policy, Joe Biden, Policy Change, Trump Administration

Federal Agencies Adjust Civil Penalty Levels for Inflation

Posted by Jon Elliott on Wed, Feb 12, 2025

Many regulatory laws provide for civil – and sometimes even criminal – penalties for noncompliance. Statutes set penalty levels (“XXX dollars per day of violation” for example), at levels intended to provide meaningful deterrence and punishment for noncompliance. But over time, these penalties' stings decline with inflation. To counteract the possibility that less painful penalties reduce incentives for compliance, U.S. law directs most federal agencies to make annual “cost of living” adjustments to the maximum statutory civil penalty levels (there are no provisions for standing periodic adjustments to criminal penalties). 

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Tags: OSHA, EPA, regulatory registers, RegulatoryUpdates, EnviromentalCompliance, EHSCompliance

States Enact “Climate Superfund” Laws

Posted by Jon Elliott on Mon, Feb 03, 2025

During 2024, at least five states considered legislation to enact “Climate Superfund” laws targeting fossil fuel companies, applying “polluter pays” principles enshrined in the US federal Superfund law (Comprehensive Environmental Response, Compensation and Liability Act (CERCLA of 1980) and its many state counterparts. At least two states enacted such laws – Vermont and New York. The rest of this note provides brief summaries of these laws. 

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Tags: Environmental risks, Environmental, Greenhouse Gas, climate change, Environmental Projects, Environment, Environmental Policy, Climate, environmental law, environmental protection, Environmental Compliance

British Columbia enhances first aid requirements

Posted by Jon Elliott on Tue, Jan 21, 2025

WorkSafeBC has amended its regulations to enhance requirements that employers in British Columbia provide first aid in their workplaces. These changes to BC’s Occupational Health and Safety (OSH) Regulation were effective November 1, 2024. The remainder of this note summarizes first aid requirements, highlighting the latest enhancements to direct requirements and to procedural requirements.

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Tags: Health & Safety, Safety and Health at Work, workplace safety, Healthcare, Health and Safety Compliance, WorkSafeBC, OSH

EPA further limits uses of carbon tetrachloride and perchloroethylene

Posted by Jon Elliott on Fri, Jan 10, 2025


The Toxic Substances Control Act (TSCA) includes procedures for the Environmental Protection Agency (EPA) to evaluate risks presented by existing chemicals using the latest scientific information – incorporating information developed after a chemical entered use in the US. Based on these reviews, EPA updates its regulatory requirements, ranging from labeling-only through use restrictions up to and including bans from further distribution and use. (I summarized these review requirements HERE).  On December 18, 2024, EPA published restrictions in the Federal Register, for carbon tetrachloride (CTC) and perchloroethylene (PCE), based on its hazard reviews for those chemicals. The rest of this note discusses these new restrictions.

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Tags: Environmental risks, Environmental, EPA, tsca, Environmental Projects, chemical safety, Environment, Environmental Policy, Chemical Safety Board, Hazardous Chemicals, Environmental Compliance, EPA Regulations, EPA Standards

EPA adopts management requirements for equipment containing HFCs

Posted by Jon Elliott on Thu, Jan 02, 2025

Effective December 10, 2024, the US Environmental Protection Agency (EPA) adopted rules for the management of hydrofluorocarbons (HFCs) potentially released from equipment during maintenance or other services,

.. These rules support US efforts to implement the 2016 Kigali Amendment to the United Nations-sponsored Montreal Protocol on Substances that Deplete the Ozone Layer (which I wrote about HERE), and codified in the December 2020 coronavirus relief bill (American Innovation and Manufacturing Act of 2020 (AIM Act; which included dozens of unrelated provisions within its 5,593 pages). EPA adopted over-arching HFC phase-down rules in September 2021 (I wrote about them HERE), and continues to adjust and refine their requirements. These latest rules appear in a 191 page document in the Federal Register, finalizing (with revisions) most provisions in a proposal issued in October 2023 (which I wrote about HERE).The remainder of this note summarizes EPA’s new rules, which impose requirements using authority under the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA). 

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Tags: Environmental risks, Environmental, EPA, Environmental Projects, Environment, Environmental Policy, Environmental Compliance