Since the US Supreme Court affirmed in 2007 that the Clean Air Act (CAA) provides the Environmental Protection Agency (EPA) with authority to regulate carbon dioxide (CO2) and other greenhouse gases (GHGs), EPA has pursued a growing set of regulatory initiatives. In each, EPA has attempted to fit GHGs into statutory and regulatory programs originally designed for more conventional pollutants – and the entities it targets have sued the agency claiming the stretch to GHGs exceeds EPA’s authority. Each court decision has adjusted the contours of EPA’s CAA authority, legitimizing some stretches and vacating others.
Read More
Tags:
Corporate Governance,
Business & Legal,
Environmental risks,
Environmental,
EHS,
EPA,
Greenhouse Gas,
ghg
Investigation of the 2010 spill at Marshall, Michigan, the largest on-land spill in US history, underlines the reality that a Facility Response Plan (FRP) is more than a government-required document—an inadequate document or plan can lead to environmental and economic disaster. Owners and operators of onshore pipelines must review and update FRPs every five years from the date of last submission or last approval, and whenever new or different operating conditions arise that would affect the plan. (49 CFR 194.121 Response Plan Review and Update Procedures). PHMSA recently released two Advisory Bulletins reminding operators what it requires in an FRP and listing five of the most common reasons for it to reject an FRP.
Read More
Tags:
Corporate Governance,
Business & Legal,
Health & Safety,
Environmental risks,
Environmental,
EHS,
EPA,
Greenhouse Gas,
ghg,
Hazcom,
Oil & Gas,
Transportation
It's nearly time to start worrying that outdoor work in the summer sun will lead to heat illness. The federal Occupational Safety and Health Administration (OSHA) provides some guidance to employers and their workers, while the Sun Belt California's Division of Occupational Safety and Health (Cal/OSHA) administers detailed regulatory requirements promulgated under state law. If you have outdoor workers in California you must comply with the following requirements, while if you're anywhere else you should at least consider them.
Read More
Tags:
Corporate Governance,
Business & Legal,
Employer Best Practices,
OSHA,
Employee Rights,
California Legislation,
Environmental risks,
Environmental,
EHS,
EPA
Employers that have hazardous chemicals in their workplaces are required by OSHA’s Hazard Communication Standard (HCS), 29 CFR 1910.1200, to implement a hazard communication program. The program must include labels on containers of hazardous chemicals, safety data sheets (SDSs) for hazardous chemicals, and training for workers, and the employer must describe in a written program how it will meet the requirements of the HCS in each of these areas. Employers can implement an effective hazard communication program by following these six steps: learn the standard and identify responsible staff; prepare and implement a written hazard communication program; ensure containers are labeled; maintain Safety Data Sheets (SDSs); inform and train employees; and evaluate and reassess your program.
Read More
Tags:
Business & Legal,
Employer Best Practices,
Health & Safety,
Environmental risks,
Environmental,
EHS,
Hazcom
On April 29 the US Supreme Court reversed a lower court decision, reinstating US Environmental Protection Agency (EPA) rules requiring states to control emissions of air pollutants that contaminate downwind states (EPA v. EME Homer City Generation, LP). The Cross-State Air Pollution Rule (CASPR, or the “Transport Rule”) implements “Good Neighbor” provisions in the Clean Air Act (CAA) designed to ensure that upwind states’ emissions don’t prevent a downwind state from meeting air quality standards. This ruling frees EPA to implement rules requiring tighter emission controls on pollutant sources in upwind states.
Read More
Tags:
Business & Legal,
Health & Safety,
Environmental risks,
Environmental,
EHS,
climate change,
Transportation
On April 15, the European Parliament adopted a proposal to expand public company requirements to report accounting information, adding social responsibility and diversity reporting for companies that meet specified employee and revenue thresholds. The new directive provides targeted companies with flexibility to meet these rules by meeting national or voluntary standards that require at least equivalent reporting. To become law, the Commission's proposal must also be adopted by the European Union (EU) Member States in the Council (which votes by qualified majority); this is anticipated within the coming weeks.
Read More
Tags:
Corporate Governance,
Business & Legal,
Employer Best Practices,
International,
Environmental risks,
Environmental,
EHS
News from The Bureau of Safety and Environmental Enforcement (BSEE) Press Release Issued April 3, 2014
Read More
Tags:
Corporate Governance,
Business & Legal,
SEC,
OSHA,
Environmental risks,
Environmental,
EHS,
Oil & Gas,
climate change
On April 11, the D.C. Circuit Court of Appeals denied a petition by SeaWorld, which was seeking to overturn a citation and penalty issued by the Occupational Safety and Health Administration (OSHA) after a killer whale mauled and drowned one of the park’s trainers during a show (Seaworld of Florida, LLC v. Perez). OSHA had cited SeaWorld for violating the OSH Act’s Employer’s General Duty Clause, by failing to provide a workplace free of “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” This decision reminds us that this often-neglected element of OSH compliance serves important worker safety goals.
Read More
Tags:
Business & Legal,
Employer Best Practices,
Health & Safety,
OSHA,
Employee Rights,
Environmental risks,
EHS
The workers’ compensation system is based on a trade-off between employers and employees. Employees are entitled to receive prompt, effective medical treatment for on-the-job injuries or illnesses no matter who is at fault and, in return, are therefore prevented from suing employers over those injuries. As a result, California employers, as in other states, are required by law to have workers’ compensation insurance, even if they have only one employee. And, if employees get hurt or sick because of work, the employer is required to pay for workers’ compensation benefits. Workers’ comp insurance provides six basic benefits: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, or vocational rehabilitation and death benefits.
Read More
Tags:
Corporate Governance,
Business & Legal,
Employer Best Practices,
Health & Safety,
Employee Rights,
California Legislation,
EHS,
Disability benefits
The Clean Water Act (CWA) provides federal agencies with authority to regulate a wide range of activities that may affect “waters of the United States”—sometimes called “navigable waters.” These activities include water quality planning and discharge regulation by the US Environmental Protection Agency (EPA) and delegated states, and regulation of projects that may lead to “dredge and fill” of waters, through permits issued by the US Army Corps of Engineers.
Read More
Tags:
Business & Legal,
Environmental risks,
Environmental,
EHS,
EPA,
Underground Storage Tanks,
effluent,
Stormwater
