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
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
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
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
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
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
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
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
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
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
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
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
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
Coronaviruses are a common family of viruses, and one of the main causes of the common cold. In late December 2019, a new coronavirus was identified in China with the potential to cause severe respiratory illness. The disease caused as a result of infection by the new coronavirus has been named COVID-19. During 2020, the … Continue Reading
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
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
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
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
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
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
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
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
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 May edition, we summarise 26 developments in the environmental, safety and health sector. Some of the top stories this month include: A fine for a … Continue Reading
On Tuesday, April 16, 2019, Colorado Governor Jared Polis signed Senate Bill 19-181 (SB19-181) into law. SB19-181 was a controversial bill as it made its way through the Colorado Legislature, and it is now a controversial piece of legislation. Indeed, SB19-181 passed the Colorado Legislature strictly along party lines, and it has now pitted some … Continue Reading
