Audit, Compliance and Risk Blog

On March 1, 2024, the Environmental Protection Agency (EPA) revised Accidental Release Prevention (ARP) program rules under the Clean Air Act (CAA). ARP was authorized by the 1990 Clean Air Act (CAA) Amendments, and is often known by its core requirement that targeted facilities prepare Risk Management Programs (RMPs) to prevent and respond to potential catastrophic releases of chemicals. The adoption finalizes an agency proposal from 2022 (it also recounts a long series of proposal dating back to 2014; I wrote about it HERE), in which the Biden-era EPA proposed to many of the narrowing amendments to RMP/ARP enacted in 2019 during the Trump Administration (I wrote about the 2019 changes HERE).

The rest of this note summarizes the new revisions, noting their differences from current rules.

This is the time of year when employers in many parts of the continent should be making focused effort to protect workers against winter weather. Occupational safety and health regulators include environmental and ambient hazards among those that employers must consider as part of their “general duty” to protect workers against recognized hazards. Requirements cover potential harm from extreme temperatures including cold, as well as slippery surfaces and other hazards from frozen and melting snow or other precipitation.

Agency regulations cover many specified types of situations, and guidelines are available for more. For example, the U.S. Occupational Safety and Health (OSHA) is drawing attention to its “Winter Weather” webpage as a source of information. The rest of this note summarizes information from OSHA’s webpage and those of other occupational safety agencies.

Saskatchewan’s Employment Act (SEA) requires employers to take action to protect their employees against workplace violence. Since 1997, express requirements have applied to workplaces “prescribed” by regulations based on higher hazards; effective on May 17, 2024 these requirements apply in all workplaces, implementing SEA amendments enacted in 2023 by Bill 91 (“The Saskatchewan Employment (Part III) Amendment Act, 2022”). The rest of this summarizes workplace violence prevention (WVP) requirements set forth in the SEA, and in regulations issued and administered by the Occupational Health and Safety (OHS) Division of Saskatchewan’s Ministry of Labour Relations and Workplace Safety.

The Occupational Safety and Health Administration’s (OSHA’s) Standard for Process Safety Management of Highly Hazardous Chemicals (usually referred to as “PSM”) requires extensive risk assessments and reduction efforts by facilities where a significant incident involving these chemicals might have catastrophic consequences. OSHA adopted PSM in 1992, and has made only minor technical revisions in the ensuing three decades. OSHA has also issued enforcement guidance to its inspectors, which it had not revised since 2012. However, in December 2023 OSHA issued an extensive new PSM enforcement policy, most of which is formatted in a total of 192 Questions and Responses designed to guide enforcement – and compliance that can obviate enforcement. The remainder of this note provides a very brief summary of the 120 page Enforcement Policy document.

On December 21`, 2023, the Occupational Safety and Health Administration (OSHA) announced a notice of proposed rulemaking (NPRM) to develop an Emergency Response Standard that will update, expand and supersede OSHA’s existing Fire Brigades Standard. The new standard will extend detailed OSHA protections to additional emergency responders, including not just firefighters but also emergency medical service providers and technical search and rescue workers. The rest of this note describes these proposed changes.

On November 22, the Occupational Safety and Health Administration (OSHA) issued a Safety and Health information Bulletin (SHIB) discussing “safety helmets” as evolved alternatives to traditional hard hats, and offering recommendations for situations where employers should switch. On December 11 the agency announced that it’s following its own advice and replacing its own employees/inspectors hard hats with safety helmets. The rest of this note discusses OSHA provisions for personal protective equipment (PPE) providing head protection, and the rationale and examples of the benefits of upgraded headgear.

The Occupational Safety and Health Administration (OSHA) provides a “Young Workers - You have rights!” webpage on its website, compiling regulatory and practical information for employers and workers. As we approach the annual spike in youth employment during the end-of-year Holidays, this provides a timely reminder to focus on the needs and rights of young people in workplaces. The webpage targets information as follows:

• Young Workers
• Employers
• Parents and Educators
• Real Stories
• Hazards
• Resources

The remainder of this note summarizes these materials, focusing on information useful to employers.

On October 24, 2023, WorkSafeBC, British Columbia’s provincial occupational health and safety (OHS) regulator and workers’ compensation overseer, issued a reminder to employers to address the hazards of workplace slips, trips and falls. The reminder began with a recitation that approximately 20 percent of all workplace injuries in the province relate to slips, trips, and falls. The agency also reported that “in the past six years, almost 41,000 workers in B.C. suffered slip-trip-and-fall injuries, including fractures, sprains, and dislocations.” The agency notice follows these statistics with reminders of what employers can and should do to reduce the likelihood and severity of these injuries. The remainder of this note summarizes this information.`

On September 13, the US Environmental Protection Agency (EPA) added to its website a portal with information about the agency’s many regulatory, research and informational efforts addressing carcinogen hazards and controls. This information supports the Biden Administration’s “Cancer Moonshot.”  EPA undertakes carcinogen control efforts by applying legal authority under many of the environmental protection statutes it administers. The remainder of this note summarizes the agency efforts identified on EPA’s new web portal.

Several national laws empower the US Environmental Protection Agency (EPA) to set standards for the cleanup of contamination that resulted from accidental or deliberate releases of chemicals and other materials onto land or into water. EPA’s actions include direct requirements for cleanup by responsible parties, and also inform other parties’ evaluations of if and how to prepare contaminated areas for reuse – often referred to as “brownfields” since they’re assumed to be dirtier than never-used “greenfields.” The remainder of this note discusses EPA’s 73 page “Climate Smart Brownfields Manual,” issued by the agency in 2021