Chemical Industry Regulatory Update - August 2020

A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP

Date: August 06, 2020

The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.

Best Practices for Critical Workers Traveling to and from “Hot Spot” States

Nancy M. Barnes, William J. Hubbard, Hannah Caldwell

In the wake of the COVID-19 pandemic, many U.S. states and localities have adopted interstate travel restrictions to maintain lower levels of spread and contain the virus. Many of these travel restrictions take the form of mandatory 14-day quarantine requirements for people arriving from COVID-19 “hot spots,” while some areas have also imposed further restrictions, like prohibiting hotels from accommodating travelers from certain states where the virus is widespread. Yet, despite the uncertainty as to where and under what circumstances people can travel domestically, critical personnel may still be required to travel to reach jobs that have been deemed essential. This update summarizes what employers need to know to get critical workers to and from these hot spots. Read more.

CFATS Reauthorized for Three Years

On July 22 President Trump signed the Senate bill extending the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program until July 27, 2023. CFATS is the nation’s first regulatory program focused specifically on security at high-risk chemical facilities. Managed by the Cybersecurity and Infrastructure Security Agency, the CFATS program identifies and regulates high-risk facilities to ensure they have security measures in place to reduce the risk that certain hazardous chemicals are weaponized by terrorists.

Departments of State, Commerce, Homeland Security and the Treasury Caution Businesses Regarding Human Rights Abuses in Xinjiang

Samir D. Varma, Francesca M.S. Guerrero, Brent ConnorScott E. Diamond* , Joyce Rodriguez

*Not licensed to practice law

On July 1, the U.S. Departments of State, Commerce, Homeland Security and the Treasury issued an advisory detailing the risk of exposure to businesses with supply chain entities that engage in human rights abuses, including forced labor in Xinjiang and elsewhere in China. Keep reading.

Webinar: Applying Lessons Learned to Address EH&S Concerns During the COVID-19 Pandemic and Beyond

On July 16, Thompson Hine, Goldenberg Schneider, LPA and Trihydro Corporation presented a webinar examining best practices and risk mitigation strategies identified by EH&S professionals as facilities reopen during the COVID-19 pandemic. Topics included:

  • Managing OSHA compliance in the wake of COVID-19: Best practices to protect employee health and safety; OSHA injury and illness reporting and enforcement.
  • Adjusting to the new normal of environmental compliance: Conducting effective “virtual audits”; EPA post-pandemic enforcement strategies; developing effective contingency plans and new technologies to prepare for future business interruptions.
  • Site investigations and remediation: Field work best practices, force majeure and health and safety plans.

Presenters:

Click here for a recording of the webinar.

Coming Soon…Thompson Hine’s New Environmental L.A.W.S. Podcast

Thompson Hine’s Environmental practice group is pleased to share this trailer for its soon to be released Environmental L.A.W.S. podcast, which will explore current topics in environmental, health and safety laws in the United States from the perspectives of Thompson Hine environmental attorneys, the regulated community, regulators and the occasional special guest. We’ll cover a wide range of issues in the areas of Land, Air, Water and Safety – L.A.W.S.

Stay tuned for the upcoming release of our first episode, "Learning from the Past – and Preparing for the Future:  Environmental Compliance in a Changed World," with Thompson Hine partners Devin Barry and Joel Eagle. Devin will share some ideas with Joel about environmental compliance and enforcement defense strategies based on the global COVID-19 pandemic, including recommendations for new technology adoption, developing COVID-19 Contingency Plans, and identifying and implementing revised defense strategies.

Listen to the Environmental L.A.W.S. podcast trailer.

For More Information

For more information, contact the editor, William J. Hubbard, or any of the authors.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.