Environmental & Energy Law Monitor : Environmental & Energy Lawyer & Attorney : Cole Schotz Meisel Forman & Leonard Law Firm : NJ, Mid-Atlantic Brownfield & Climate Change Law

The Occupational Safety and Health Administration (OSHA) is an agency within the United States Department of Labor.  OSHA’s primary function is to inspect workplaces including manufacturing facilities and construction sites to ensure compliance with its safety and health standards.  As a result of these inspections, OSHA in most cases issues citations to employers for violations of OSHA’s standards observed during the inspection.  Below is a list of the top 10 most frequently cited OSHA standards violated in 2011.

1. Scaffolding (29 CFR 1926.451) – This standard applies to construction sites and provides the general safety requirements for the construction and use of scaffolding.

2. Fall Protection (29 CFR 1926.501) – This rule is to protect employees from falling off, onto or through working levels and covers most construction workers.

3. Hazard Communication Standard (29 CFR 1910.1200) – The hazard communication standard provides employees with information about chemicals used in the workplace.  Employers are required to label all chemicals used in the workplace, provide employees with material safety data sheets and train employees on the safe handling of such chemicals.

4. Respiratory Protection (29 CFR 1910.134) – Respirators are typically required to protect employees against airborne contaminants such as dusts, smokes, gases or vapors.  In most cases, the use of respirators must comply with this standard.

5. Control of Hazardous Energy (29 CFR1910.147) – Also known as the lockout/tagout standard, this standard requires employers implement practices and procedures to safeguard employees from the unexpected startup of machinery during service or maintenance activities.

6. Electrical Wiring Methods (29 CFR 1910.305) – This standard sets forth the general requirements for wiring methods in the workplace.

7. Powered Industrial Trucks (29 CFR 1910.178) –The use of powered industrial trucks such as forklifts is regulated by this standard.

8. Ladders (29 CFR 1926.1053) – This standard applies to construction sites and governs the use and construction of ladders.

9. Electrical Systems Design (29 CFR 1910.303) – The inspection, installation and use of electrical equipment in the workplace is governed by this standard.

10. Machine Guarding (29 CFR 1910.212) –The general requirements for machine guarding are described in this standard.
 

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Cole Schotz is pleased to welcome Susan C. Karp as a partner in the Environmental Department.

Ms. Karp regularly counsels clients on transactional and regulatory environmental issues relating to the sale and purchase of commercial and industrial properties, the cleanup and redevelopment of contaminated properties and the financial incentive programs available to reduce cleanup costs.

Ms. Karp can be reached at 201-525-6348 or skarp@coleschotz.com.

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New York’s highest court recently upheld New York Department of Environmental Conservation’s (“NYDEC”) regulations regarding cleanups at contaminated sites.  In New York State Superfund Coalition Inc. v. New York State DEC, No. 189 (12/15/11), the New York State Superfund Coalition, a group of companies that own contaminated sites in New York, challenged NYDEC’s regulations requiring responsible parties to cleanup contaminated sites to “predisposal conditions.”

The Coalition argued that the regulations were not authorized by the applicable state statute, Article 27, Title 13 of New York’s Environmental Conservation Law, contending that the statute only required environmental cleanups to eliminate significant threats to human health and the environment.  The court rejected the Coalition’s arguments and held that the regulations were a valid and reasonable exercise of NYDEC’s powers.  The Court determined that NYDEC’s regulations, when read in conjunction with the entire statute, were consistent with the legislative intent and goals to require a complete cleanup of inactive hazardous waste sites.

The Court also addressed the Coalition’s concern that NYDEC’s regulations would require that every site be remedied to a pristine condition.  The Court recognized that while NYDEC has the authority to order the cleanup of a site, such power is not unfettered.  In determining the scope and nature of a cleanup, the Court noted that NYDEC must consider a number of factors including the technical feasibility and cost of the remedy, the danger to human health and the environment and the extent to which the remedy would reduce such danger.  The Court concluded that NYDEC is not empowered to unilaterally impose a remedy without considering the practicalities of such remedies.
 

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