Chemical Industry Regulatory Update – October 2020

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

Date: October 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.

California Legislature Extends CCPA’s Exemptions for Personal Information in the Employment and Business-to-Business Context

Thomas F. Zych, Steven G. Stransky, Darcy M. Brosky, Craig A. Foster, Mona Adabi, Brian Doyle-Wenger

Businesses that are subject to the California Consumer Privacy Act (CCPA) have been awaiting clarity as to whether personal information collected and processed in the employment and business-to-business context would be subject to the full scope of the law on January 1, 2021, or whether the CCPA’s temporary exemption for such data would be extended. In response, the California General Assembly recently passed Assembly Bill 1281 (AB-1281), which extends both of these exemptions until January 1, 2022. Read more.

Ohio Provides Qualified Liability Shield From COVID-19 Claims

M. Scott Young, Anthony P. McNamara, William J. Hubbard

On September 14, Ohio Governor Mike DeWine signed into law a qualified and temporary liability shield against claims based on exposure to or infection from SARS-CoV-2 (aka COVID-19), MERS-CoV (a.k.a. coronavirus that causes Middle East respiratory syndrome) and SARS-CoV (a.k.a. coronavirus that causes severe acute respiratory syndrome). The law, Amended Substitute House Bill 606, grants qualified immunity from civil actions for damages based in whole or in part on injury, death or loss to person or property caused by these viruses, unless it is established that the exposure to, or the transmission or contraction of, any of the viruses or their mutations resulted from the reckless, intentional, willful or wanton misconduct of the person against whom the action is brought. However, even if there is no immunity, the law prohibits class actions from being brought. Continue reading.

Report on Supply Chain Compliance: Vetting Suppliers During a Pandemic

Karen Kroll, and contributor, Robert F. Ware

How does an organization conduct due diligence on vendors during a pandemic? It’s a question that supply chain professionals are asking more often these days as their organizations shift production in response to changes in suppliers’ operations and customer demand. Read more.

Introducing Thompson Hine’s New Environmental L.A.W.S. Podcasts

Thompson Hine’s Environmental practice group is pleased to share our new Environmental L.A.W.S. podcasts, which explores 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.

Episode 1:
Learning from the Past and Planning for the Future: Environmental Compliance in a Changed World

August 5, 2020

In the inaugural episode of Thompson Hine’s podcast, Environmental L.A.W.S. (Land, Air, Water and Safety), Thompson Hine partner Devin Barry shares some observations on clients’ compliance challenges arising from COVID-19, and discusses with partner Joel Eagle how these challenges can be used to develop future COVID-19 compliance and enforcement defense strategies.

Click here to listen to the podcast.

Episode 2:
Manufacturing Plant Closures: Legal Compliance & Strategic Decision-Making for Investigation, Remediation & Sale

September 1, 2020

In this episode, Thompson Hine partner Andy Kolesar shares his insights on strategic considerations for companies closing former manufacturing plants that can lead to favorable outcomes in terms of complying with legal requirements, conducting cost-effective cleanups and maximizing the sale price. Andy and partner Wray Blattner discuss the pros and cons of mothballing former manufacturing properties, the risks and benefits of Phase II sampling to help quantify cleanup costs, long-term risk management considerations, and the key elements of effective corporate-wide plant closing and remediation programs.

Listen to the full podcast here.

Upcoming ASC Webinar:

Facility Operations During COVID-19: Guidelines for Protecting Worker Health & Safety and Case Study

October 29, 2020

Two industrial hygienists cover relevant health and safety guidelines, infection control strategies and measures organizations can take to protect the health and safety of workers from COVID-19 + an HR Director will share lessons learned after implementing COVID-19 protocols, how they dealt with a COVID-19 outbreak and changes that were subsequently implemented. Click here for more information.

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.

FOR MORE INFORMATION

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

Check out the latest Employment Legislation Outlook. Learn about the latest developments in paid sick and leave laws, family and parental leave, recreational and medicinal marijuana use, and workplace issues.

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients' business and legal concerns and needs related to the COVID-19 pandemic. Please see our COVID-19 Task Force page for additional information and resources.

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