Chemical Industry Regulatory Update - July 2020

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

Date: July 08, 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.

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

Thursday, July 16
1:00 – 2:30 p.m. ET

Thompson Hine, Goldenberg Schneider, LPA and Trihydro Corporation are presenting a webinar examining best practices and risk mitigation strategies identified by EH&S professionals as facilities reopen during the COVID-19 pandemic. Topics will include:

  • 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:

Please click here to register and receive instructions on how to join the webinar.

CLE credit will be requested.

OSHA Issues First COVID-19 Citation

Nathan C. Hunt

On May 18, OSHA issued its first COVID-19-related citation. The employer, a nursing home in Georgia, was cited for failing to timely report to OSHA the hospitalization of six employees who contracted COVID-19 while working at the nursing home. OSHA’s recording and reporting standard at 29 CFR 1904 Subpart E requires employers to report to OSHA within 24 hours the in-patient hospitalization of one or more employees due to a work-related incident, which was contracting COVID-19 in this case. The employees who contracted COVID-19 at work were hospitalized around April 19, but the hospitalizations were not reported to OSHA until May 5, well after the 24-hour reporting deadline at 29 CFR 1904.39(a)(2). OSHA classified the reporting violation as Other-Than-Serious and proposed the nursing home pay a $6,500 civil penalty. 

The citation confirms OSHA’s intent to enforce its interpretation that COVID-19 cases contracted at work are classified as employee illnesses that the employer must record on its OSHA 300 log and may need to timely report to OSHA if an illness results in an in-patient hospitalization. At the outset of the pandemic, OSHA issued guidance regarding the employer duty to record and report COVID-19 illnesses that are work-related. The most recent version of this guidance, which OSHA has updated several times, was effective May 26. It lays out the evidence OSHA and employers should consider to reasonably establish whether a COVID-19 case is work-related.

Supreme Court Rules Title VII Protects LGBTQ Individuals

Sara Hamilton, Tim McDonald, M. Scott Young

The U.S. Supreme Court on June 15 ruled that Title VII of the Civil Rights Act of 1964’s prohibition of discrimination “because of … sex” includes bias on the basis of sexual orientation or transgender status. Specifically, the court indicated that Title VII covers employees who are “homosexual” or “transgender.” Read more.

California Releases Final CCPA Regulations Ahead of July 1 Enforcement Deadline

Mona Adabi, Steven G. Stransky, Thomas F. Zych

On June 1, California’s Attorney General released proposed final regulations under the California Consumer Privacy Act, which are substantially the same as draft regulations released on March 11. The AG requested an expedited review by the California Office of Administrative Law so that enforcement can begin on July 1. Continue reading.

ASC Regulatory Affairs Update Webinar

Join ASC for the FREE regulatory update on PSM/RMP regulations with case study analysis.

Wednesday, September 16, 2020; 10:00 a.m. ET

Click here for more details

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.