Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Benjamin Patton
EHS risks in fast-tracked data center construction
Knowing what the law says is only the starting point. Companies also need to understand how it is applied and enforced in practice. Ben Patton explains how to manage environmental, health, and safety (EHS) risk on fast-moving data center projects. That starts with understanding the business goals, from project timelines to customer expectations and reputation. A single global EHS program generally drives better compliance, but laws differ by location.
Reed Smith strengthens global energy and commodities finance capabilities with addition of partner Brian Rogers in New York
“Reed Smith has deep and longstanding experience in debt and structured commodities finance, with an established team in London serving clients across the commodities, banking, and energy sectors,” said Co-Chair of Reed Smith’s Energy & Natural Resources Group Ben Patton.
Are you recording workplace injuries correctly? Recent OSHA interpretation on personal use battery devices raises questions about breadth of applicability
When an employee gets hurt, employers must evaluate whether the injury is “work-related” for OSHA recordkeeping purposes. In doing so, there can be a tendency to read the rules too narrowly based on a more colloquial or “common sense” understanding of “work-related” rather than according to OSHA regulations and guidance. This may result in missed entries on OSHA logs and potential penalties. Let’s break down what’s actually required and more importantly, where companies may trip up.
Colorado expands extreme temperature protections to all workers
Colorado signed House Bill 26-1272, “Extreme Temperatures Worker Protections,” into law on June 4, 2026, establishing a phased framework for protecting all Colorado workers from extreme heat and cold conditions. The law significantly expands the state’s existing temperature protections, which previously applied only to agricultural workers (7 CCR 1103-15), to cover indoor and outdoor workers across all industries. The law takes effect on August 12, 2026.
Legal 500 US recognizes Reed Smith with 39 practice rankings and 27 lawyer recognitions
|
The guide highlights client praise for the firm's collaborative, commercially minded approach.
By Wendell Bartnick, Oliver Beiersdorf, James Boudreau, Patrick Bradley, Keri S. Bruce, Sarah Bruno, Chris Buchanan, Alice Colarossi, Han Deng, Paul DiDomenico, John Ellison, Catherine Kiernan, David Long-Daniels, Jason Newman, Benjamin Patton, Mark Pedretti, Anatoliy Rozental, Gregory Speier, John Vishneski, J. James Cooper, Gina M. Kantos, Nicolle R. Snyder Bagnell
|
reedsmith.com
Don’t shvitz it: What employers should know before temperatures rise
Summer has a way of arriving all at once: longer days, vacation schedules, iced coffee orders, and the familiar hum of air conditioners working overtime. But for employers, warmer weather also brings a less refreshing seasonal concern: heat stress.
Clean Air Act charges highlight DOJ enforcement and self-reporting risks
Key takeaways DOJ’s new Corporate Enforcement and Voluntary Self-Disclosure Policy creates a uniform pathway for companies to avoid criminal prosecution through declination or non-prosecution agreement, while seeking individual accountability. The new policy supersedes all prior component-specific and U.S. Attorney’s Office-specific corporate enforcement policies, including DOJ Environmental Crimes Section’s 2023 Voluntary Self-Disclosure Policy.
OSHA launches Safety Champions Program: Key information for employers
Background The Program features three progressive steps: Introductory, Intermediate, and Advanced, each building on the prior step.
OSHA launches Safety Champions Program: Key information for employers
The Safety Champions Program provides a progressive, step-based framework for employers to build or improve their workplace safety and health programs around seven core elements identified in OSHA’s Recommended Practices for Safety and Health Programs. • Employers may participate independently or request support from OSHA-assigned Special Government Employees who can review program documentation, provide feedback, and answer questions.
Cal/OSHA proposes to expand who may accompany inspectors during workplace walkarounds
The California Division of Occupational Safety and Health (Cal/OSHA) issued a Notice of Proposed Rulemaking to establish new rules for employer and employee representatives during workplace inspections. The proposed rule defines who may serve as a “representative authorized by employees” during the walkaround portion of a Cal/OSHA inspection, a term that previously had no regulatory definition in California.
Litigation Over RMP Rule Paused While EPA Evaluates Petition For Reconsideration
On July 30, 2024, The United States Court of Appeals for the District of Columbia Circuit temporarily halted litigation over the U.S. Environmental Protection Agency's (EPA) updated Risk Management Program (RMP) rule and granted a four-month abeyance. The final RMP rule was published on March 22, 2024. The order granting the abeyance allows EPA time to reconsider the RMP rule while addressing a petition for reconsideration from industry groups that challenges several of its provisions.
OSHA Releases Proposed Heat Injury And Illness Prevention Standard
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released the official text of its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed standard. OSHA has been developing this standard since 2021, which will likely be finalized later this year.
U.S. Environmental Protection Agency Designates Two PFAS Compounds as Hazardous Substances Under CERCLA
Introduction On April 19, 2024, the Environmental Protection Agency (EPA) announced a final rule adding perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to the list of hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the “Superfund” statute.
Washington Adopts New Refinery Process Safety Management (PSM) Rule
The Washington Department of Labor and Industries (L&I) adopted CR-103, creating a new Part B to chapter 296-67 WAC, on December 27, 2023. Specifically applicable to petroleum refineries, Part B includes and updates existing PSM requirements as well as introduces several new requirements, some of which are expected to be onerous for refiners to implement. The rule is similar to Cal/OSHA’s Refinery PSM Regulation, which was amended in 2019 and is one of the most protective in the country.
OSHA’s proposed HazCom standard update imposes new burdens | JD Supra
The Occupational Safety and Health Administration (“OSHA”) has recently submitted to the White House Office of Management and Budget (“OMB”) a final rule to update its Hazard Communication Standard (“HazCom”), which regulates the classification and labeling of hazardous chemicals in the workplace.
OSHA’s proposed HazCom standard update imposes new burdens
The Occupational Safety and Health Administration (“OSHA”) has recently submitted to the White House Office of Management and Budget (“OMB”) a final rule to update its Hazard Communication Standard (“HazCom”), which regulates the classification and labeling of hazardous chemicals in the workplace.
How To Prepare For California's New Workplace Violence Prevention Law
On September 30, 2023, California Governor Gavin Newsom signed SB-553 into law. SB-553 is the nation's first workplace violence prevention law. The law adds a new section 6401.9 to the California Labor Code, which will be implemented by Cal/OSHA. The new law requires that employers an effective plan aimed at preventing workplace violence in place by July 1, 2024.
OSHA's New Emphasis Program Aimed At Reducing Warehouse Hazards
On July 13, 2023, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced a new national emphasis program (NEP) aimed at preventing workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. The NEP was developed in response to the Bureau of Labor Statistics' data showing that injury and illness rates for these establishments are significantly higher than for other establishments.
OSHA’s New Emphasis Program Aimed at Reducing Warehouse Hazards | JD Supra
On July 13, 2023, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced a new national emphasis program (NEP) aimed at preventing workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. The NEP was developed in response to the Bureau of Labor Statistics’ data showing that injury and illness rates for these establishments are significantly higher than for other establishments.
OSHA’s New Emphasis Program Aimed at Reducing Warehouse Hazards
On July 13, 2023, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced a new national emphasis program (NEP) aimed at preventing workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. The NEP was developed in response to the Bureau of Labor Statistics’ data showing that injury and illness rates for these establishments are significantly higher than for other establishments.
Washington's New PSM Requirements For Refiners
The Washington State Department of Labor and Industries (L&I) issued a proposed rule updating process safety management (PSM) standards for petroleum refineries. Washington's current PSM rule is identical to the federal standard issued by OSHA in 1992 – over 30 years ago. More recently, in late 2017, California revised their regulations on PSM for petroleum refineries, increasing requirements for refiners beyond those of general industry and federal OSHA regulations.
Washington’s New PSM Requirements for Refiners | JD Supra
[co-author: Jon Griffith] The Washington State Department of Labor and Industries (L&I) issued a proposed rule updating process safety management (PSM) standards for petroleum refineries. Washington’s current PSM rule is identical to the federal standard issued by OSHA in 1992 – over 30 years ago. More recently, in late 2017, California revised their regulations on PSM for petroleum refineries, increasing requirements for refiners beyond those of general industry and federal OSHA regulations.
OSHA Enhances Enforcement via “Instance-By-Instance” Citations and De-Grouping Violations | JD Supra
The Occupational Safety and Health Administration (OSHA) recently released two memos instructing enforcement officers on “instance-by-instance” citations and de-grouping violations to deter infractions. OSHA’s prior policy on instance-by-instance citations, published in 1990, applied just to willful citations.
Remember the "Creating Employer" Doctrine | JD Supra
The Occupational Safety and Health Review Commission (OSHRC) recently highlighted the importance of the “creating employer”(*) test for identifying liability for safety violations at multi-employer worksites. In Secretary of Labor v. ACrane Rental, LLC, OSHRC remanded a case where an administrative law judge (ALJ) dismissed an OSHA crane safety violation relying solely on the “controlling employer”(**) test.
Occupational Safety: Remember the "Creating Employer" Doctrine
The Occupational Safety and Health Review Commission (OSHRC) recently highlighted the importance of the “creating employer”(*) test for identifying liability for safety violations at multi-employer worksites. In Secretary of Labor v. ACrane Rental, LLC, OSHRC remanded a case where an administrative law judge (ALJ) dismissed an OSHA crane safety violation relying solely on the “controlling employer”(**) test.
From time to time, there are words or phrases that I hear repeated enough to the point where I eventually think, “Hmm, I should check this out.” Render was one of those words. On Twitter, I have seen various conversations where people want to migrate from Heroku to another service.
EPA Indicates Intention To Regulate Certain PFAS In Drinking Water
United States: EPA Indicates Intention To Regulate Certain PFAS In Drinking Water 03 March 2021 by Megan Haines , Daniella D. Landers , Todd Maiden , Benjamin H. Patton , Jennifer Smokelin and Phillip Babich Reed Smith Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Cal/OSHA Moves Forward With Development Of Permanent COVID-19 Standard While Legislature Considers Bill To Increase Enforcement
United States: Cal/OSHA Moves Forward With Development Of Permanent COVID-19 Standard While Legislature Considers Bill To Increase Enforcement 01 March 2021 by Benjamin H. Patton and Mary M. Balaster Reed Smith Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. California continues to move forward with new proposals for regulation and enforcement of workplace hazards associated with COVID-19.
ICYMI: Horizon Scanning: 2021 Environmental, Health & Safety Law In The United States - Environment - United States
United States: ICYMI: Horizon Scanning: 2021 Environmental, Health & Safety Law In The United States 23 December 2020 by Megan Haines , Todd Maiden , Benjamin H. Patton , Randa M. Lewis , Eric J. Schmoll and A. J. Wissinger Reed Smith Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Signs Point To Federal OSHA Issuing Rule Under New Administration As States Continue To Modify COVID-19 Rules And Guidance - Employment and HR - United States
United States: Signs Point To Federal OSHA Issuing Rule Under New Administration As States Continue To Modify COVID-19 Rules And Guidance 15 December 2020 by Benjamin H. Patton and Mary M. Balaster Reed Smith Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
California Rapidly Approves Sweeping Cal/OSHA Emergency COVID-19 Regulation
United States: California Rapidly Approves Sweeping Cal/OSHA Emergency COVID-19 Regulation 25 November 2020 by Benjamin H. Patton and Mary M. Balaster Reed Smith Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Privacy and Data Security Alert | October 2020 | JD Supra
Law Enforcement Finds Credible Evidence of Pre-Election Ransomware Attack Late yesterday, U.S. law enforcement authorities began warning of credible information suggesting there will be a widespread Ryuk ransomware attack this weekend in advance of the presidential election. The attack will be focused primarily, though not exclusively, on healthcare entities.
Up, Up, And A (New) Way To Facilitate Compliance: Drones And Their Capabilities As HSE Compliance Tools
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Virginia Is The First State To Adopt Extensive COVID-19 Workplace Safety Regulations
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Racing Toward A Standard: How Virginia, Oregon, And Washington Are Moving To Regulate Workplace Hazards Of COVID-19
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
U.S. Regulatory Developments: EPA Issues First In A Series Of Rules Restricting Ethylene Oxide Emissions - Environment - United States
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Appeals Court Rejects AFL-CIO Suit Seeking To Compel OSHA To Issue COVID-19 Emergency Temporary Standard
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
OSHA Revises COVID-19 Recordkeeping Requirements
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Privacy and Data Security Alert l March 2020 #2 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OSHA And State Agencies Issue COVID-19 Guidance: What Employers And Businesses Need To Know
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Privacy and Data Security Alert l March 2020 | JD Supra
CCPA Shook Weighs in on Updated CCPA Regulations In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial guidance on the draft, which included a substantial number of changes. TAKEAWAY The modified regulations will impose a lighter compliance burden compared to their initial release. These regulations are likely to become effective July 1, 2020.
Chicago's Data Breach Lawsuit Against Marriott Survives Motion To Dismiss
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Privacy and Data Security Alert l January 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Privacy and Data Security Alert | December 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Privacy and Data Security Alert | November 2019 | JD Supra
EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to continue his claim under section 13 of the Data Protection Act of 1998.
Privacy and Data Security Alert | September 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Privacy and Data Security Alert | August 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Privacy and Data Security Alert | July 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
IoT Lighting Industry Giants Hit with Patent Infringement Suit | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Privacy and Data Security Alert | June 2019 #2 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Benjamin
Contact Benjamin, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack