COVID-19
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USEPA Warns E-Commerce Platforms to Scrub Fake Coronavirus Disinfectant Products
As discussed in a prior post on Corporate Environmental Lawyer, on January 29, 2020, the United States Environmental Protection Agency (“USEPA”) activated its “Emerging Viral Pathogens Guidance for Antimicrobial Pesticides” (the “Guidance”) to help curb the spread of the novel coronavirus, the cause of COVID-19, in the United States. Continue reading
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OSHA Promises Relaxed Enforcement during Pandemic if Employers Make “Good Faith Effort” to Comply with Non-Achievable Recurring Requirements
On April 17, 2020, OSHA posted an April 16, 2020 enforcement guidance, which, for the first time, recognized that due to COVID-19, employers were not able to feasibly comply with a wide-range of OSHA regulatory requirements. Continue reading
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White House Reopening Guidelines: How Will Workplaces Open Up Again?
On April 16, 2020, the White House issued “Guidelines: Opening Up America Again” (Guidelines), with criteria for how state and local officials, employers and individuals should approach reopening segments of their communities after various stay-at-home orders, essential-business regimens and other social distancing measures that Federal, State and local governments have issued in response to the… Continue reading
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Illinois Environmental Protection Agency Releases Compliance Guidance for COVID-19 Pandemic
The Illinois Environmental Protection Agency (“IEPA”) posted a Compliance Expectations Statement (the “Statement”) as guidance during the COVID-19 crisis. As discussed in the Jenner & Block Corporate Environmental Lawyer previous blog post, the United States Environmental Protection Agency (“U.S. EPA”) recently issued its own temporary guidance regarding exercise of its enforcement discretion during the COVID-19… Continue reading
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OSHA to Manufacturers: Coronavirus “Safety Tips” in an “Alert” to Manufacturing Employers
By Gabrielle Sigel, Co-Chair, Environmental and Workplace Health and Safety Law Practice On April 16, 2020, OSHA released an “alert” with “safety tips” that manufacturing employers “can follow to help protect manufacturing workers from OSHA liability.” (“Manufacturers Alert”) (emphasis added). Although the “alert” is not a regulation which OSHA can directly enforce, OSHA may attempt… Continue reading
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EPA Issues Guidance on COVID-19 Impacts for Ongoing Cleanups
Following up on its March 26, 2020 temporary enforcement policy, on April 10, 2020, the U.S. Environmental Protection Agency (“EPA”) issued an interim guidance regarding new or ongoing cleanup activities during the COVID-19 situation. The interim guidance focuses on decision making at emergency response and longer term cleanups sites where EPA is the lead agency… Continue reading
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OSHA to Most Employers: Limited Exemption from Recording Requirement for Employees’ COVID 19 Cases
On April 10, 2020, US OSHA partially retracted its initial instructions to employers, which had required employers to evaluate employees who contracted COVID‑19 as potential recordable occupational illnesses under OSHA’s injury/illness recordkeeping rules, 29 CFR Part 1904. Continue reading
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EPA’s Temporary Enforcement Discretion Policy for COVID-19 Pandemic
On March 26, 2020, the U.S. Environmental Protection Agency (“EPA”) announced a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. EPA Administrator Andrew Wheeler stated that the “EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from… Continue reading
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Does the OSH Act Give an Employee the Right to Refuse to Work Due to Fear of Workplace COVID-19 Exposure?
Responding to COVID‑19, many state and local governments are issuing orders encouraging or requiring workers to stay at home (“Stay-At-Home Order”) unless their employment is deemed to be in an “essential business” or “critical infrastructure industry.” Continue reading
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Does Environmental Investigation and Remediation Continue Despite COVID-19 Business Restrictions and Social Distancing?
As the United States rapidly transitions to working from home (when possible) companies involved in environmental investigations or remediation work must determine whether such field or other work could, should, or must continue in the days, weeks, and months ahead. Continue reading