Proposed EHS regulatory changes – February 2021

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This is a list of select proposed EHS regulatory changes in Canada and the United States. We cover EHS legislation in over 100 countries and 200 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.

Canada

United States

Canada

Federal

Toxic Substances Warning Label Act

Published date: 05 Feb, 2021
Industry Sector: General Industry

New rules could be imposed with respect to the packaging and labelling of products that contain a toxic substance or produces a toxic substance when used.

The new rules would prohibit “the sale, importation and advertisement of any product that contains a toxic substance or produces a toxic substance when used, unless that product has a label warning of the potential exposure to the toxic substance affixed on one or more surfaces of its packaging”.

Additional information is available here.

Order Amending Schedule 1 to the Species at Risk 

Published date: 20 Feb, 2021
Industry Sector: General Industry

The Government of Canada announced its intention to modify the List of Wildlife Species at Risk contained in Schedule 1 of the Species at Risk Act (SC2002,c29) to add, reclassify and remove various species.

According to the Canadian Government, the changes would notably
– add or reclassify 8 species as special concern;
– add 5 species as threatened or endangered;
– reclassify 1 threatened species to endangered;
– reclassify 2 endangered species to threatened; and
– remove 1 species from the list.

The changes would be implemented by amending the Species at Risk Act (SC2002,c29).

Interested persons can make comments concerning these changes until March 22, 2021.

Additional information is available here.

An Act to amend the Fisheries Act (prohibition — deposit of raw sewage)

Published date: 18 Feb, 2021
Industry Sector: General Industry, Building Management and Maintenance

Canada could soon adopt new rules to “exclude raw sewage from the definition of deleterious substance [and] to entirely prohibit its deposit in water”.

These changes would be implemented by amending the Fisheries Act (RSC1985,cF-14).

Additional information is available here.

Ontario

Proposed producer responsibility regulation for Hazardous and Special Products (HSP)

Published date: 11 Feb, 2021
Industry Sector: General Industry

The Government of Ontario is seeking comments on proposed rules with respect to the management and the promotion of the recycling and proper disposal of hazardous and special products (HSP), such as paints, pesticides, solvents, oil filters, antifreeze and pressurized containers, by the producers of these products.

According to the Ontario Government, the changes would notably require producers of HSP to
– “establish free collection networks for consumers”;
– “manage all collected hazardous and special products HSP properly, including meeting procedures for recycling, where possible, or disposal”;
– “provide promotion and education (P&E) materials to increase awareness”;
– “register, report, provide audited/verified sales data, keep records and meet other requirements”;
– “transparently reflect any related charges that are intended to be passed on to consumers”.

These changes would be implemented by replacing Municipal Hazardous or Special Waste (O.Reg.387/16) with a the new Hazardous and Special Products producer responsibility regulation.

Interested persons are invited to make comments by March 28, 2021.

Additional information is available here.

Proposal to amend Public Lands Act Ontario Regulation 161/17 to allow wood storage yards to occupy Crown lands as a free use

Published date: 21 Feb, 2021
Industry Sector: Forestry and Logging

The Government of Ontario announced its intention to “allow wood storage yards to occupy Crown lands as a free use”.

According to the Ontario Government, the changes would notably “remove the duplicative Public Lands Act (PLA) occupational authority requirement for wood storage yards, since they will now be authorized in forest management plans”, as part of the overall forest management planning process.

These changes would be implemented by amending Occupation of Public Lands Under Section 21.1 of the Act (O.Reg.161/17).

Interested persons are invited to make comments by March 29, 2021.

Additional information is available here.

United States

Federal

Hazard Communication Standard

Published date: 16 Feb, 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The Occupational Safety and Health Administration (OSHA) is proposing to revise its Hazard Communication Standard (HCS). The HCS governs the evaluation and communication of hazards associated with chemicals in the workplace. According to OSHA, the proposed change would notably “include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, technical amendments related to the contents of safety data sheets […], and related revisions to definitions of terms used in the standard.”

Comments must be submitted by April 19, 2021.

Additional information is available here.

Tip Regulations Under the Fair Labor Standards Act (FLSA): Delay of Effective Date

Published date: 05 Feb, 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The Department of Labor is proposing to delay until April 30, 2021, the effective date of a previously published change related to tipping practices (“Tip Rule”). The Tip Rule [US-85FR86756] was published on December 30, 2020, and was scheduled to come into force on March 1, 2021. The Tip Rule would permit tip pooling for employers that do not take a tip credit and would allow “back of the house” employees (e.g., cooks and dishwashers) to share in tip pools.

Comments must be received on or before February 17, 2021.

Additional information is available here.

Oil and Gas and Sulfur Operations in the Outer Continental Shelf—Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf; Reopening of Comment Period

Published date: 10 Feb, 2021
Industry Sector: Oil and Gas Industry

The Department of the Interior (DOI) is proposing an extension to a comment period. On December 9, 2020, the DOI proposed to revise its existing regulations for exploratory drilling and related operations on the Arctic Outer Continental Shelf.

The comment period for that proposed change is reopened until April 9, 2021.

Additional information is available here.

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