OSHA COVID-19 Enforcement Policy

As with other regulatory enforcement agencies, OSHA has recently announced a policy related to COVID-19. On April 16, OSHA released a memorandum regarding an updated enforcement policy. This policy allows for discretion in enforcement when dealing with companies affected by the virus and the associated distancing measures, who acted in good faith to meet all applicable requirements. It is understood that in some circumstances, business closures and stay-at-home orders may make it impossible for auditing, training, inspections or testing to be completed on time. In light of these issues, OSHAs policy leaves enforcement at the discretion of individual inspectors. In instances where an employe

Extensions for Monitoring and Emission Reporting Requirements for Air Quality Permitting

On 4/27/20 the New Jersey Department of Environmental Protection (NJDEP) has announced in accordance with N.J.A.C. 7:27A-3.10(q) through (t), extensions for grace periods for certain air permit monitoring and submittal requirements due to COVID19. The extensions only apply to New Jersey requirements and do not apply to federally enforceable requirements in an air permit. Submittal requirements for Excess Emissions and Monitoring Systems Performance Reports / Excess Emission Reports (EEMPR), and Semi-Annual Deviation Reports have been extended as follows: "on or 90 days after the date set forth in a facility’s air permit". If unable to perform the Relative Accuracy Test Audits (RATA) during

Employer Responsibilities at Workplaces during COVID-19

With the impact of COVID-19 outbreak conditions on businesses, existing OSHA standards may apply to protecting workers from exposure to and infection with COVID-19. While there is no specific OSHA standard covering COVID-19 exposure, some OSHA requirements may apply to preventing occupational exposure to COVID-19. Among the most relevant are: (1) The OSH Act’s General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. Facilities should consider a plan that outlines the steps that will be taken to reduce the risk of worker exposure to COVID-19. In addition, employers should

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Baron Environmental Associates, L.L.C.
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776 Mountain Blvd, Watchung, NJ 07069

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