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September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 40 developments in the environmental, safety and health sector. Some of the top stories this month include:… Continue Reading

Prop 65 Victory For Chemical Industry In Monsanto Case Has Been Appealed

On June 22, Judge William B. Shubb of the US District Court for the Eastern District of California granted Monsanto’s motion for summary judgment and imposed a permanent injunction on the enforcement of Proposition 65 for glyphosate (the active ingredient in Roundup) in the closely followed case National Association of Wheat Growers v. Becerra.  The … Continue Reading

Updated OSHA Guidance Demonstrates Employers’ Need for Further Pandemic Planning (US)

On May 19, 2020, OSHA issued two updated memorandums to regional administrators and state plan designees. The first updated the agency’s enforcement guidance for recording COVID-19 cases in the workplace. As we discussed here, OSHA originally indicated on April 10, 2020 that it would be exercising “enforcement discretion” and focusing COVID-19 recordkeeping requirements in the healthcare, … Continue Reading

Is the UK Heading Towards a Duty on Businesses to Prevent Breaches of Human Rights?

In April 2017, the UK Joint Committee on Human Rights suggested that it might be appropriate for a “failure to prevent” mechanism, such as the one found in section 7 of the Bribery Act 2010, to be applied to business and human rights.  Earlier this year, the British Institute of International and Comparative Law (“BIICL”) … Continue Reading

WEBINAR May 13 – UK ESH Webinar Series – Health and Safety Considerations for the Construction Sector – As Lockdown Unlocks

The restrictions during the COVID-19 lockdown, and wider health and safety considerations in relation to the potential spread of the virus, mean that many businesses in the construction sector have had to, or will have to, adapt to new ways of working as the UK comes out of lockdown. Although the plan for coming out … Continue Reading

US EPA Issues Best Practices for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools and Homes

On April 29, 2020, US EPA and the CDC issued guidance on how best to disinfect and clean workplaces, schools, and other public spaces as the US economy begins to re-open during the COVID-19 pandemic. The guidance, mainly directed to employers, facility managers, and public school officials, is part of the larger federal “Guidelines for … Continue Reading

CDC/OSHA COVID-19 Guidance for Meat and Poultry Industry Also Useful for Other Employers

On April 26, 2020, the US Centers for Disease Control and Prevention (CDC) and the US Occupational Safety and Health Administration (OSHA) issued interim guidance for the US meat and poultry industry.  The guidance contains a number of recommendations aimed at stemming transmission among workers in this particularly vulnerable industry, which continues to face plant … Continue Reading

OSHA State Plan Agencies Issue COVID-19 Guidance

Over the past several months, the federal Occupational Safety and Health Administration (OSHA) has steadily issued guidance to both employers and agency officials on strategies to navigate regulatory matters related to the COVID-19 pandemic, as we have discussed here, here, here, here, and here. However, federal OSHA is not the only government agency addressing the … Continue Reading

WEBINAR April 21 – US ESH Webinar Series – COVID-19: Safety and Health Law on the New Frontier

While COVID-19 has turned everyone’s focus toward safety and health generally, it has forced US employers specifically to focus on the safety and health of their employees during an unprecedented time. Employers in the US have common law and statutory duties to ensure safe workplaces, but the COVID-19 pandemic has greatly disrupted many of the … Continue Reading

To Provide an N95 Mask or Not to…That is the Question Plaguing Some Employers (US)

One of the biggest questions plaguing employers during the COVID-19 pandemic is whether or not to provide employees with respirators—the holy grail of all personal protective equipment (PPE) at this time. On March 11, 2020, the White House issued a Presidential Memorandum, entitled “Making General Use Respirators Available,” which mandated all necessary efforts by the … Continue Reading

OSHA Interim Response Plan for COVID-19 Issued to Guide Agency Action, But Just as Useful for Employers (US)

Since the COVID-19 pandemic first hit the United States in early 2020, the US Occupational Safety and Health Administration (OSHA) has been issuing COVID-19 guidance to employers on appropriate ways to address the pandemic, as we previously discussed here, here, and here.  The guidance has mirrored recommendations coming from the Centers for Disease Control and … Continue Reading

WEBINAR April 14 – US ESH Webinar Series – Environmental Compliance During COVID-19: Federal and State Agency Guidance on Enforcement and Practical Tips for Businesses

Among the myriad concerns facing industry, many are confronting new environmental challenges caused by staffing issues, essential business determinations, stay-at-home orders, supply chain disruption and other complications from coronavirus disease 2019 (COVID-19). Environmental regulators are aware of these challenges and, in many cases, have shared valuable guidance on how to mitigate related compliance problems and … Continue Reading

US EPA Issues Temporary Policy on COVID-19 Implications for the Agency’s Enforcement and Compliance Assurance Program

On March 26, 2020, US EPA Assistant Administrator, Susan Bodine, authored and released guidance to all governmental and private sector entities entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.”  The seven-page guidance memorandum outlines the Agency’s “temporary” policy governing issues of noncompliance that arise (1) as a result of the COVID-19 pandemic and … Continue Reading

OMB Directs US EPA and Other Federal Agencies to Refocus on Mission-Critical Functions Amidst Coronavirus Pandemic; OECA Guidance on Implications for Enforcement and Compliance Forthcoming

Last week, the Office of Management and Budget (OMB) issued guidance to the heads of federal departments and agencies titled, “Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19.”  The guidance directs agencies to “prioritize all resources to slow the transmission of COVID-19, while ensuring our mission-critical activities continue.”  Under the guidance, agencies … Continue Reading

Are You “Essential”? Ohio Guidance for Environmental Industries Regarding COVID-19

On Sunday, Ohio issued a “shelter in place” or “stay at home” order, bringing the total number of states with these orders to ten.  The other states are California, Delaware, Illinois, Louisiana, Michigan, Nevada, New York, New Jersey, and Pennsylvania, and this number increases by the day.  The orders and associated guidance identify which businesses … Continue Reading

For Employers: Coronavirus and US Safety and Health Law

The coronavirus, and the illness caused by the coronavirus, COVID-19, are dominating headlines, stock markets and daily conversation.  They are also raising many questions—and employers in the U.S. are facing one such critical question:  How do we help ensure the health and safety of our employees?  Squire Patton Boggs helps provide some answers below.… Continue Reading

January Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our January edition, we summarise 32 developments in the environmental, safety and health sector. Some of the top stories this month include:… Continue Reading

September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 30 developments in the environmental, safety and health sector. Some of the top stories this month include: Director Fined and … Continue Reading

August Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our August edition, we summarise 29 developments in the environmental, safety and health sector.  Some of the top stories this month include: Court of Appeal dismisses … Continue Reading

Why Are We Still Talking About California Prop 65?

For readers who have been following us, you have likely seen our posts tracking California’s consumer right to know law, Prop 65, along with its new amendments and significant litigation. You may think, what more is there to write about a law that is only effective in one state? As it turns out, quite a … Continue Reading

July Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our July edition, we summarise 35 developments in the environmental, safety and health sector.  Some of the top stories this month include: Rail company faces £1 … Continue Reading

How Thoroughly do UK Businesses Need to Investigate What Happens to Their Waste After They Have Transferred It?

A recent prosecution by the Environment Agency, where a company was ordered to pay £327,000, has highlighted potentially difficult issues for businesses in complying with the statutory waste duty of care. What is the Statutory Waste Duty of Care? All businesses generate waste of some description: from paper and kitchen waste in offices, to hazardous … Continue Reading

June 2019 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our June edition, we summarise 34 developments in the environmental, safety and health sector.  Some of the top stories this month include: A food grain storage … Continue Reading
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