Walk Like a CSHO: Cal/OSHA Proposes Its Own “Walkaround Rule”
On February 13, 2026, Cal/OSHA published a notice of proposed rulemaking (NPRM) to clarify who can join its onsite inspections. To be codified as Title 8 § 331.8 if implemented, Cal/OSHA’s stated goal is to match federal OSHA’s 2024 updates to 29 C.F.R. § 1903.8 and expand upon California Labor Code section 6314, which already states that “a representative authorized by . . . employees” can accompany Cal/OSHA inspectors during their “tour” of the worksite. In its new proposal, Cal/OSHA explicitly expands the definition of “representative(s) authorized by employees” to include an “employee of the employer, a third party, or the collective bargaining representative.”
Oregon Federal Court Enjoins EPR Law Enforcement
On February 6, 2026, Sidley prevailed on behalf of the National Association of Wholesaler-Distributors (NAW) in securing a preliminary injunction against Oregon’s first-of-its-kind plastic packaging extended producer responsibility (EPR) law. Judge Michael H. Simon of the U.S. District Court for the District of Oregon granted a preliminary injunction prohibiting the Oregon Department of Environmental Quality (DEQ) from enforcing the Plastic Pollution and Recycling Modernization Act (often referred to as Oregon’s “Recycling Modernization Act” or “RMA”) against NAW and its members, while the case proceeds to trial. The injunction represents a significant milestone, with the federal court acknowledging that producers would likely be injured by the Act’s violations of due process and impacts caused on interstate commerce.
New York is Latest State to Finalize Greenhouse Gas Reporting Rules for 2026
The New York State Department of Environmental Conservation (NYDEC) finalized its long-awaited Mandatory Greenhouse Gas (GHG) Reporting Program (Part 253), which implements GHG reporting requirements for businesses in New York consistent with directives under the 2019 Climate Leadership and Community Protection Act (CLCPA) and aids the State in meeting obligations under the northeast Regional Greenhouse Gas Initiative (RGGI). The final rule is, in part, the result of an October 2025 court order that required NYDEC to promulgate regulations addressing climate change after NYDEC initially failed to issue the regulations by the CLCPA deadline. Part 253, as finalized, largely conforms with the draft regulations NYDEC proposed in 2025 but includes revisions to address some of the concerns raised by industry stakeholders. New York becomes the fourth state to implement a GHG reporting program after California, Washington, and Oregon.
