Critiques of OSHA’s current flexible approach to COVID-19 in the workplace provide insight into how a Democratic administration might regulate differently at the federal level. Moreover, some states have moved forward with establishing binding rules to address COVID-19 in the workplace, which may provide models for future federal efforts.
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Federal Agencies Highlight COVID-19 Best Practices for HVAC Systems
As businesses and commercial buildings reopen following shutdowns due to the coronavirus pandemic, the Federal Interagency Committee on Indoor Air Quality used their June 26 meeting to highlight recommendations on heating, ventilation, and air conditioning (HVAC) system operation.
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EPA Provides Limited Guidance Relating to Pesticidal Devices and the Coronavirus
EPA recently released a compliance advisory addressing pesticidal products that make claims to mitigate the novel coronavirus. While the advisory largely reiterates past guidance relating to pesticides, EPA has increased its emphasis on pesticidal devices, such as UV lights and ozone generators, which are subject to their own distinct set of regulations.
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Six Highlights of EPA’s Proposal to Expand Reform of Guidance Documents
EPA on May 19 released a proposed rule that would put in place a set of regulations governing EPA’s issuance, modification, and withdrawal of guidance documents. This proposal implements portions of Executive Order 13891, and builds on EPA’s previous efforts to create a comprehensive portal of guidance documents earlier this year. Generally speaking, the stated purpose of the rule is to allow for increased transparency and public involvement in EPA’s guidance-formulation process, but the proposal also contains several key limitations.
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Top 5 Takeaways From EPA’s New Policy on Expediting COVID-19 Disinfectant Approvals
EPA on May 12 announced a new framework for reviewing and approving products for use against the novel coronavirus. EPA’s framework explains which new product and existing product amendment requests will be expedited, and provides approximate timelines for EPA review and approval. Because of continued high demand for disinfectant products, companies seeking to launch new products or amend existing registrations should take care to ensure that their requests will receive expedited treatment. Seeking expedited treatment is particularly important given the concerns some companies have about making significant investments into EPA product registration, in light of the sometimes lengthy EPA-approval process.
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EPA and CDC Urge Employers to Establish Disinfection Plans as Part of COVID-19 Reopening
EPA and the CDC on April 29 provided updated guidance on steps employers and businesses should take to disinfect their premises, as part of the “Guidelines for Opening Up America Again.” This provides important guidance for businesses to protect employees and members of the public, and to minimize potential liability arising out of coronavirus exposure in the workplace.
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EPA Expands Flexibilities for Manufacturers of “List N” Disinfectants for Use Against Coronavirus
EPA on April 14 expanded its formal relaxation of certain FIFRA requirements for pesticides listed on EPA’s “List N” of products expected to be effective against the coronavirus. This expansion builds on EPA’s March 30 iteration of this temporary policy, which this blog previously discussed.
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OSHA Issues Interim Enforcement Guidance for COVID-19
In guidance to its enforcement staff released on April 13, OSHA has re-emphasized the obligations of employers, particularly in the healthcare industry, to ensure workplace health and safety and to report illnesses and deaths relating to COVID-19 notwithstanding the pandemic. The guidance also recognizes shortages of N-95 masks and other PPE and other practical considerations that OSHA will take into account in determining whether to bring enforcement actions.
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EPA Provides Flexibilities to Manufacturers of “List N” Disinfectants for Use Against Coronavirus
EPA on March 31 provided a formal relaxation of certain FIFRA requirements for pesticides listed on EPA’s “List N” of products expected to be effective against the coronavirus. This temporary policy relaxes requirements to receive EPA approval of changes in sources of certain common active ingredients—such as ethanol, hydrogen peroxide, and citric acid—in response to “reports of supply chain disruptions by pesticide registrants who manufacture disinfectant products on EPA’s List N.”
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EPA Is “Especially Concerned” About FIFRA Noncompliance in Light of COVID-19 Pandemic
EPA on March 26 released a guidance document explaining its approach to enforcement actions in light of the COVID-19 pandemic. While most aspects of that document explain areas in which EPA exercising enforcement discretion to provide flexibility to regulated parties in response to the pandemic, EPA is not taking that approach with respect to antimicrobial pesticide products, including disinfectants. To the contrary, EPA made clear that it is “especially concerned about pesticide products entering the United States, or produced, manufactured, distributed in the United States, that claim to address COVID-19 impacts. The agency expects to focus on ensuring compliance with requirements applicable to these products to ensure protection of public health.”
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