A client alert issued today by Husch Blackwell’s environmental practice group details a major reversal of Obama-era policy by the Trump Administration. The EPA announced it will not issue final regulations under CERCLA Section 108(b) imposing financial responsibility requirements on the hardrock mining industry. Abandoning a December 1, 2016 proposed rule, the EPA emphasized that after carefully evaluating public comments, statutory authority, and the extensive record it had concluded that the minimal environmental risk involved in modern mining practices combined with existing state and federal financial assurance requirements made the proposed rule unnecessary and unduly burdensome. Read the entire client alert here.
This morning, MSHA posted advance copies of two rules, which it will formally publish tomorrow, to briefly delay and modestly amend its pending 2017 Workplace Examination Rule as expected since early August. The proposed changes appear to address two of the many concerns raised by industry regarding the 2017 rule. Continue Reading MSHA proposes delay and changes to new workplace examination rule
OSHA’s new crane operator certification rules will be delayed and will not take effect until November 2018 under a proposed rule published by OSHA on August 30th in the Federal Register. The primary purpose may be for OSHA to reconsider the rule’s requirements. Continue Reading OSHA formally proposes one-year delay to crane certification rules
The fate of OSHA’s 2016 silica rule is one step closer to consideration by the U.S. Court of Appeals for the D.C. Circuit. In recent days, the Court said it will hear oral arguments about the validity of the silica rule on September 26th at 9:00 am. Continue Reading Court sets date for silica rule oral argument
Even without a new Assistant Secretary for OSHA, the Trump Administration has recently deleted numerous Obama-era OSHA plans for workplace safety related rules. Rules that administration officials have said they plan to overhaul or scale back include: regulations strengthening limits to exposure to beryllium, addressing workplace safety violation in healthcare, and addressing combustible dust and noise in construction.
Several OSHA rulemakings have been changed to “long-term actions,” causing speculation that the administration considers these items to be of low or no priority. The topics of these rules include emergency response and preparedness, infectious diseases in health care, and cranes and derricks in construction.
Given the Trump administration’s executive order requiring two standards to be removed for every one added, we are speculating that it is not likely OSHA will be adding many new regulations in the near future.
This morning, OSHA announced another planned delay in the deadline for electronic reporting of injury and illness data from July 1st to December 1, 2017. Continue Reading OSHA further delays electronic reporting
Following industry comments, MSHA will formally announce on Monday that its workplace examinations final rule will not take effect until October 2, 2017. Continue Reading MSHA delays workplace exam rule until October
A federal district court judge in Ohio granted yesterday a joint request by industry plaintiffs and MSHA to put on hold their pending litigation over the validity of the agency’s 2013 Pattern of Violations (“POV”) rule while the parties explore settlement. The POV rule is MSHA’s harshest enforcement mechanism. Continue Reading Industry and MSHA pause POV case to talk settlement
In June of this year, the construction industry was to be the first to meet a compliance deadline under OSHA’s new silica rule. Now, OSHA says, it will delay that deadline by at least 90 days. Continue Reading OSHA delays silica rule for construction by 90 days
As forecast in our previous discussion, on April 4th President Trump signed House Joint Resolution 83. This was the final action to complete the Congressional Review Act (CRA) process, disposing of the “Volks Rule” and reinstating to the six-month statute of limitations for recordkeeping activities.