United States: Health & Safety

On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.

The EPA has released its draft risk evaluation for ethylene dibromide under TSCA, identifying unreasonable risks to workers and occupational non-users from inhalation and dermal exposure across ten conditions of use. With a February 2027 court-ordered deadline looming, EPA must navigate public comments, peer review, and finalize the evaluation while broader questions remain about the agency's approach to assessing worker risks and coordinating with OSHA on risk management.

California employers face new requirements for workplace violence prevention plans as the state's Occupational Safety and Health Standards Board prepares to finalize a comprehensive standard. The revised draft addresses hazard assessments, reporting procedures, emergency response protocols, and employee training, with several key modifications from earlier versions. What specific changes have been made to the standard, and how should employers prepare for compliance?

Cal/OSHA has released a revised discussion draft of proposed changes to California's heat illness prevention standards, expanding outdoor high-heat procedures to more industries and introducing new acclimatization requirements for employees. The August 2026 proposal aims to harmonize indoor and outdoor heat regulations while implementing Assembly Bill 2243, with significant implications for employer compliance obligations.

New Jersey has officially adopted the Uniform Construction Code 2024, introducing significant updates to building, mechanical, electrical, plumbing, and energy standards that will impact construction projects across the state. The new requirements bring enhanced permitting processes, expanded inspection oversight, and stricter energy conservation standards that construction companies and project owners must navigate.

The Federal Aviation Administration has proposed a rule that would prevent state and local meal and rest break laws from applying to pilots and flight attendants during duty periods, asserting that federal aviation safety regulations must take precedence. This regulatory action directly responds to recent court decisions applying California's break requirements to in-flight crews, raising questions about the balance between worker protections and aviation safety imperatives.

The EPA has issued a final significant new use rule for multi-walled carbon nanotubes, establishing strict workplace protections, hazard communication requirements, and usage restrictions for battery manufacturing applications. Companies planning to manufacture or process these nanomaterials must notify the EPA at least 90 days before commencing activities and await regulatory review and approval.

Sara Madavo is an attorney at Foley & Lardner LLP, where she focuses on providing legal counsel to clients across various practice areas. Her professional profile showcases her expertise and commitment to delivering comprehensive legal solutions. Contact information is readily available for those seeking her legal services.

Morgan McDonald is a legal professional at Foley & Lardner LLP based in Chicago. Her contact information and professional profile are featured on the firm's website, providing direct access to her expertise and services.