STP COMPLIANCE EHS REGALERT ROUND-UP

OCTOBER 31ST 2024

OSHA Proposal Expands Regulatory Focus on Heat Injury and Illness

Heat injury and illness prevention has been a major regulatory trend in the United States throughout 2024. Longer periods of hotter, drier weather are fueling the focus on mitigating the effects of workplace exposure to heat in both indoor and outdoor workplaces.  Most recently, on August 30, 2024, the United States  Occupational Safety and Health Administration (OSHA) issued a proposed rule establishing a nation-wide health and safety standard to address safety risks from heat.  OSHA’s proposed rule follows a state-level trend dating back to 2006, when California adopted the first dedicated heat safety standard. The California standard is applied to outdoor workplaces exclusively, with

a focus on agricultural, construction and seasonal workers exposed to high outdoor temperatures.  Since then, five other states have adopted heat safety standards (Minnesota, Colorado, Washington, Oregon, and Maryland), and California has expanded the scope of its regulation to cover indoor workplaces.  The most recent state-level developments are from Maryland (September 2024 at COMAR 09.12.32) and California (June 2024 at 8 CCR 3396).   The state regulations and federal proposal share several common themes, particularly threshold heat conditions that trigger employers to take additional remedial actions and  establish a heat illness prevention and management plan. The proposed federal standard is notable because it is relatively rare for OSHA to develop a completely new safety standard that will

apply to employers across industry sectors nationwide.  OSHA is collecting public comments on the proposal through December 30, 2024.

Benefits and Cost Saving Associated with OSHA’s Recent HCS Update

OSHA’s Hazard Communication Standard (HCS) update became effective July 19, 2024, bringing many substantive changes yet leaving HCS’ structure unchanged. OSHA expects it to reduce incidents with a minimal learning curve for downstream users because the look and feel of safety data sheets (SDS) and most labels remain unchanged, but they will have better hazard classifications (the changes to Appendices A and B convey potential health and physical hazard risks more clearly to users). Other factors, such as a long compliance lead time, should keep training and other costs associated with the HCS update minimal for most employers. Hazardous communications and training programs, for which OSHA states in the final rule’s preamble it will publish related guidance documents, must be updated by July 19, 2026, with an additional eighteen-month allowance for mixtures.

Chemical manufacturers, distributors, and importers have until January 19, 2026, and July 19, 2027 (for substances and mixtures, respectively) to issue labels and SDS that reflect the new HCS requirements. Such companies are

OSHA’s Hazard Communication Standard (HCS) update became effective July 19, 2024, bringing many substantive changes yet leaving HCS’ structure unchanged. OSHA expects it to reduce incidents with a minimal learning curve for downstream users because the look and feel of safety data sheets (SDS) and most labels remain unchanged, but they will have better hazard classifications (the changes to Appendices A and B convey potential health and physical hazard risks more clearly to users). Other factors, such as a long compliance lead time, should keep training and other costs associated with the HCS update minimal for most employers. Hazardous communications and training programs, for which OSHA states in the final rule’s preamble it will publish related guidance documents, must be updated by July 19, 2026, with an additional eighteen-month allowance for mixtures.

Chemical manufacturers, distributors, and importers have until January 19, 2026, and July 19, 2027 (for substances and mixtures, respectively) to issue labels and SDS that reflect the new HCS requirements. Such companies are most impacted by the HCS update, but some of its changes should lower costs. For example, a clarifying revision to  1910.1200(d) now explains that manufacturers shall consider their customers’ “reasonably anticipated uses or applications” in assigning hazard classifications. However, another change refers to that same provision to grant relief from the label update requirement. Now, shipped containers with long supply chains are not required to retain their original labeling if paragraph (d) uses or applications change. Also, trade secrets provisions for chemical mixtures now conform to the Canadian standard, requiring less detail, and allowing the same SDS to be used by Canadian and U.S. workers alike.

Another area of cost savings comes from aligning with seventh revision (Rev. 7) of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Now HCS is aligned with other U.S. agencies and international trading partners such as Canada and the EU, which have all adopted Rev. 7. All told, this harmonization, conservation of basic HCS framework, and making HCS documentation more efficient have led OSHA to project that the implementation of the new HCS will result in national annual cost savings of $30M.

most impacted by the HCS update, but some of its changes should lower costs. For example, a clarifying revision to  1910.1200(d) now explains that manufacturers shall consider their customers’ “reasonably anticipated uses or applications” in assigning hazard classifications. However, another change refers to that same provision to grant relief from the label update requirement. Now, shipped containers with long supply chains are not required to retain their original labeling if paragraph (d) uses or applications change. Also, trade secrets provisions for chemical mixtures now conform to the Canadian standard, requiring less detail, and allowing the same SDS to be used by Canadian and U.S. workers alike.

Another area of cost savings comes from aligning with seventh revision (Rev. 7) of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Now HCS is aligned with other U.S. agencies and international trading partners such as Canada and the EU, which have all adopted Rev. 7. All told, this harmonization, conservation of basic HCS framework, and making HCS documentation more efficient have led OSHA to project that the implementation of the new HCS will result in national annual cost savings of $30M.

OSHA Proposal Expands Regulatory Focus on Heat Injury and Illness

Heat injury and illness prevention has been a major regulatory trend in the United States throughout 2024. Longer periods of hotter, drier weather are fueling the focus on mitigating the effects of workplace exposure to heat in both indoor and outdoor workplaces.  Most recently, on August 30, 2024, the United States  Occupational Safety and Health Administration (OSHA) issued a proposed rule establishing a nation-wide health and safety standard to address safety risks from heat.  OSHA’s proposed rule follows a state-level trend dating back to 2006, when California adopted the first dedicated heat safety standard.  The California standard is applied to outdoor workplaces exclusively, with a focus on agricultural, construction and seasonal workers exposed to high outdoor temperatures.  Since then, five other states have adopted heat safety standards (Minnesota, Colorado, Washington, Oregon, and Maryland), and California has expanded the scope of its regulation to cover indoor workplaces.  The most recent state-level developments are from Maryland (September 2024 at COMAR 09.12.32) and California (June 2024 at 8 CCR 3396).   The state regulations and federal proposal share several common themes, particularly threshold heat conditions that trigger employers to take additional remedial actions and establish a heat illness prevention and management plan. The proposed federal standard is notable because it is relatively rare for OSHA to develop a completely new safety standard that will apply to employers across industry sectors nationwide.  OSHA is collecting public comments on the proposal through December 30, 2024.

California Adopts the Generator Improvements Rule

Effective July 1, 2024, California’s Department of Toxic Substances Control (DTSC)  adopted the federal EPA’s Generator Improvements Rule (GIR), in the first of two rulemaking packages. The changes significantly amend, recodify, and restructure rules applicable to small quantity generators, very small quantity generators, and large quantity generators in relation to acute hazardous waste, extremely acute hazardous waste, and non–acute hazardous waste.

Effective July 1, 2024, California’s Department of Toxic Substances Control (DTSC)  adopted the federal EPA’s Generator Improvements Rule (GIR), in the first of two rulemaking packages. The changes significantly amend, recodify, and restructure rules applicable to small quantity generators, very small quantity generators, and large quantity generators in relation to acute hazardous waste, extremely acute hazardous waste, and non–acute hazardous waste.

The provisions DTSC included in this first rulemaking package are all more stringent than the provisions they replace, which made their adoption by the Department mandatory. These include 1) a new generator re-notification requirement, 2) new marking and labeling requirements for containers and tanks, 3) new requirements for closures and satellite accumulation areas, and 4) new spill procedure-related requirements for small and large quantity generators. The new structure now mirrors the federal rule for better comprehension.

The provisions DTSC included in this first rulemaking package are all more stringent than the provisions they replace, which made their adoption by the Department mandatory. These include 1) a new generator re-notification requirement, 2) new marking and labeling requirements for containers and tanks, 3) new requirements for closures and satellite accumulation areas, and 4) new spill procedure-related requirements for small and large quantity generators. The new structure now mirrors the federal rule for better comprehension.

EU Due Diligence Directive Highlights Focus on Human Rights Violations in Supply Chains

On July 5, 2024, the European Union adopted the Corporate Sustainability Due Diligence Directive ( Directive (EU) 2024/1760) (“CSDDD”), which establishes mandatory human rights and environmental due diligence requirements for large EU and non-EU companies operating in the EU. The main pillars of the directive require covered organizations to 1) identify and address potential and actual adverse human rights and environmental impacts in the organization’s own operations, subsidiaries, and upstream value chain and 2) adopt and put into effect a climate change transition plan aligned with the 2050 climate neutrality objective of  the Paris Agreement. The requirements come into

force on a rolling basis over the next five years based on the number of employees and revenue, with key compliance requirements for large EU and non-EU companies beginning in July 2027 and rolling down to smaller companies through 2029. The CSDDD exemplifies the trend of a shifting focus in emerging Environment, Social, and Governance (ESG) regulations from carbon management and reduction to human rights and worker protections.  The forthcoming European Forced Labour Regulation, which is pending before the European Council, will provide additional authority to EU regulators to investigate goods suspected of being produced with forced labor. If established, the products will be banned from sale (including online) within the EU market.

Flanders Streamlines Environmental Permitting Process

On May 17, 2024, the Flemish Government approved a  Decree amending the Regulations relating to Environmental Permits, which introduces a new modular environmental permit procedure, replacing the current “simplified” and “regular” procedures. The new procedure streamlines the application process with the use of modules based on the nature of the project, ultimately assisting with the identification of when a public inquiry is required. The new method also facilitates adjustments and corrections during a project and allows for the 

OSHA’s Hazard Communication Standard (HCS) update became effective July 19, 2024, bringing many substantive changes yet leaving HCS  structure unchanged. OSHA expects it to reduce incidents with a minimal learning curve for downstream users because the look and feel of safety data sheets (SDS) and most labels remain unchanged, but they will have better hazard classifications (the changes to Appendices A and B convey potential health and physical hazard risks more clearly to users). Other factors, such as a long compliance lead time, should keep training and other costs associated with the HCS update minimal for most employers. Hazardous communications and training programs, for which OSHA states in the final rule’s preamble it will publish related guidance documents, must be updated by July 19, 2026, with an additional eighteen-month allowance for mixtures.

Chemical manufacturers, distributors, and importers have until January 19, 2026, and July 19, 2027 (for substances and mixtures, respectively) to issue labels and SDS that reflect the new HCS requirements. Such companies are most impacted by the HCS update, but some of its changes should lower costs. For example, a clarifying revision to  1910.1200(d) now explains that manufacturers shall consider their customers’ “reasonably anticipated uses or applications” in assigning hazard classifications. However, another change refers to that same provision to grant relief from the label update requirement. Now, shipped containers with long supply chains are not required to retain their original labeling if paragraph (d) uses or applications change. Also, trade secrets provisions for chemical mixtures now conform to the Canadian standard, requiring less detail, and allowing the same SDS to be used by Canadian and U.S. workers alike.

Another area of cost savings comes from aligning with seventh revision (Rev. 7) of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Now HCS is aligned with other U.S. agencies and international trading partners such as Canada and the EU, which have all adopted Rev. 7. All told, this harmonization, conservation of basic HCS framework, and making HCS documentation more efficient have led OSHA to project that the implementation of the new HCS will result in national annual cost savings of $30M.

modification of an approved permit before or during the project’s implementation. Additionally, the amendments introduce a new “Environmental Decision,” which combines the characteristics of a plan and a permit to provide a solution for projects which, under the current procedure, require separate amendments of plans, followed by a permit-amendment process. The Flemish Government will determine a future in-force date for each provision of this Decree except for Articles 203, 1° and 3°, which entered into force on August 10, 2024.

Peruvian Law on the Protection, Conservation and Sustainable Use of Wetlands

The Congress of the Peruvian Republic passed  Law No. 32099 effective July 21, 2024, establishing the legal framework to ensure the preservation of wetlands, as identified in the National Wetlands Strategy, the National Map of Ecosystems of Peru, and other approved instruments. Detailed provisions include a list of prohibited activities applicable to all persons and entities that conduct or intend to conduct activities in wetlands or their surrounding areas. Notable prohibitions include unpermitted wetland alteration or use, including for waste  disposal, wastewater discharge, or construction, among other banned

The Congress of the Peruvian Republic passed  Law No. 32099 effective July 21, 2024, establishing the legal framework to ensure the preservation of wetlands, as identified in the National Wetlands Strategy, the National Map of Ecosystems of Peru, and other approved instruments. Detailed provisions include a list of prohibited activities applicable to all persons and entities that conduct or intend to conduct activities in wetlands or their surrounding areas. Notable prohibitions include unpermitted wetland alteration or use, including for waste disposal, wastewater discharge, or construction, among other banned or restricted activities. Additionally, the Law identifies the Ministry of the Environment (Ministerio del Ambiente – MINAM) as the primary authority of several responsible for implementing and monitoring compliance with this Law. It also specifies November 18, 2024 (120 days from its in-force date) as the deadline for the issuance of regulations to establish the environmental criteria for defining wetland buffer zones, identify prioritized wetlands, specify infractions for contraventions to this Law, and establish other government-related administrative requirements.  Ministerial Resolution No. 329-2024-MINAM, published on October 14, 2024, provides the draft regulations in response to this mandate.

or restricted activities. Additionally, the Law identifies the Ministry of the Environment (Ministerio del Ambiente – MINAM) as the primary authority of several responsible for implementing and monitoring compliance with this Law. It also specifies November 18, 2024 (120 days from its in-force date) as the deadline for the issuance of regulations to establish the environmental criteria for defining wetland buffer zones, identify prioritized wetlands, specify infractions for contraventions to this Law, and establish other government-related administrative requirements.  Ministerial Resolution No. 329-2024-MINAM, published on October 14, 2024, provides the draft regulations in response to this mandate.