Lawrence Halprin is nationally recognized for his work in the areas of occupational safety and health and chemical regulation, representing companies and trade associations at the federal and state levels. His hands-on familiarity with the manufacturing and construction environments, and his engineering and financial background have been invaluable to his clients in handling enforcement actions, in providing compliance counseling, and in evaluating and critiquing rulemaking proposals and policy initiatives before the Occupational Safety and Health Administration (OSHA), the U.S. Environmental Protection Agency (EPA), the National Institute for Occupational Safety and Health (NIOSH), the Chemical Safety Board, the Department of Treasury (TTB licensing and formula approval, and ethanol and Superfund excise taxes), and corresponding state agencies.
His practice includes:
- Federal and state investigations and enforcement proceedings
- Compliance counseling
- Incident investigations, mandatory incident reporting, and audits
- Federal and state agency rulemakings and stakeholders processes
- Pre-enforcement challenges to final agency rules
- Participation in the development of national consensus standards related to workplace safety, process safety, product safety, product stewardship, and sustainability.
His chemical regulation practice, supported by the expertise of our chemists and toxicologists, includes:
- Chemical hazard classification, risk evaluation and analysis of control measures in connection with TSCA premanufacturing notifications and rulemaking;
- Determining threshold effect levels for chemicals, recommending occupational exposure limits (OELs), and developing and reviewing chemical risk evaluation and risk management programs
- Developing and advising on the implementation of product stewardship programs
- Advising on the regulation and taxation of ethanol by the U.S. Tax and Trade Bureau and state alcoholic beverage commissions, and the taxation of chemicals under the Superfund excise tax
- Advising on incident investigations conducted by the OSHA, EPA and the Chemical Safety Board
Lawrence is a strong advocate of measures to enhance the effectiveness of regulatory agencies and ensure they do not overreach their authority. This is demonstrated by his testimony before Congress, his participation in agency rulemakings and policy initiatives, as well as litigation he has brought on behalf of clients. Lawrence is a prolific writer and is frequently invited to speak on a broad range of environmental, product stewardship, and health and safety management issues.
Prior to joining Keller and Heckman, Lawrence clerked for the Honorable Charles R. Johnston of the U.S. Tax Court.
- Counseled clients regarding federal and state OSHA and EPA investigations and enforcement actions involving chemical management, chemical releases, release reporting, and emergency response activities
- Represented clients in federal and state OSHA investigations and enforcement actions involving combustible dust, confined spaces, electrical safety, fall protection, fire safety, lockout/tagout, machine guarding, paper mill standard, powered industrial trucks, COVID-19 exposure, heat exposure, ionizing radiation, noise, permissible exposure limits, respiratory protection, and alleged employer retaliation claims
- Represented pharmaceutical manufacturers in successfully petitioning NIOSH to remove active drug ingredients from the NIOSH List of Antineoplastic and Other Hazardous Drugs in Health Care Settings and re-examine the agency’s approach to this issue
- Represented the American Forest & Paper Association and the American Wood Council in their successful effort to have OSHA clarify when a combustible dust accumulation is considered excessive
- Served as lead counsel for the American Petroleum Institute in its legal challenge to OSHA’s March 2012 GHS Amendment to the OSHA HCS, resulting in a successful settlement that clarified the application of the amended HCS to combustible dust, petroleum streams, and hazards not otherwise classified
- Provided counsel to the Construction Industry Silica Task Force that met with OSHA and NIOSH personnel to discuss development of a task-based control banding approach to control exposure to crystalline silica in the construction industry, which resulted in the development of a control banding approach that was incorporated into Table 1 of the OSHA Respirable Crystalline Silica Standard adopted on March 25, 2016
- Authored comments submitted to the Chemical Safety Board (CSB) that lead the CSB to conclude that it did not have the legal authority under the Clean Air Act to adopt the proposed "Accident Investigation Initiation Notice and Order to Preserve Evidence Rule," which was initially published in the Federal Register on January 4, 2006 and subsequently abandoned
- Negotiated, as lead counsel for the American Forest & Paper Association, the withdrawal of OSHA citations issued to multiple paper companies in an unprecedented OSHA compliance instruction (effectively a generic variance) which covered the design, operation, and maintenance of chemical batch digesters
- Advised clients on implementation of TSCA Section 5 consent orders, and developed and reviewed numerous SDSs and labels on behalf of clients to assure compliance with GHS as implemented in the U.S. Hazard Communication Standard (HCS), the Canadian Hazardous Product Regulations (HPR), the EU Classification, Labelling, and Packaging (CLP) Regulations and the REACH Regulation, as well as SDSs and labels required by TSCA Section 5 Consent Orders
- Advised clients on risk evaluation and risk management programs, such as those required by OSHA's Process Safety Management and EPA’s Risk Management Program Rule, National Emission Standards for Hazardous Air Pollutants (asbestos), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right-to-Know Act (EPCRA) chemical release and reporting requirements
- American National Standards Institute
- Product Stewardship Society
- American Industrial Hygiene Association
- Pulp & Paper Safety Association, Distinguished Service Award, 2016