Audit, Compliance and Risk Blog

Ontario Court Rejects Employee’s Claim That Director Owed Duty of Care to Employee

Posted by Ron Davis on Thu, Oct 27, 2016

The Ontario Psychological Association is a not-for-profit voluntary association that aims to advance the practice and science of psychology through advocacy and education. Charlotte (Carla) Mardonet was hired by the Association in 1990 to manage its affairs and administer its finances and money. In Ontario Psychological Assn. v. Mardonet (2016 ONSC 4528 (Ont. S.C.J.)), the Court granted the Association’s motion to strike the part of Mardonet’s counterclaim alleging that the Association and its officers and directors owed Mardonet a “duty of care and a fiduciary duty which they breached as a result of their failure to provide her with the supervision, management, support and guidance that was part of their responsibility” and claiming full indemnity and contribution from the directors for any amounts that Mardonet might be liable to the plaintiff. The defendant’s counterclaim was issued in response to the plaintiffs’ lawsuit alleging the defendant had “misappropriated the funds [$1.6 million] and converted them to her own benefit and the benefit of her family members and friends,” with the assistance of her immediate family.

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Tags: Employer Best Practices, Employee Rights, Canadian, directors, directors & officers

The World Decides To Help The Climate By Helping The Ozone Layer

Posted by Jon Elliott on Tue, Oct 25, 2016

Last month I blogged about basic provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer, and ongoing negotiations to expand it to require phaseout of chemicals that harm the stratospheric ozone layer and contribute to climate change (click here, and included links to early blogs on Montreal Protocol issues). At that time, proposals all focused on hydrochlorofluorocarbons (HFCs). At that point, global HFC use was increasing by roughly 10% annually, driven primarily by expanding use for air conditioning as hot developing countries sought to catch up with comfort levels in their developed counterparts. Proposed timelines and end-targets for reversing that expansion varied considerably.

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Tags: Environmental risks, Environmental, EPA, ghg, climate change

U.S. Commission on Civil Rights Criticizes EPA’s Environmental Justice Efforts

Posted by Jon Elliott on Tue, Oct 18, 2016

In September 2016, the U.S. Commission on Civil Rights (Commission) issued its annual “Statutory Enforcement Report for 2016”; this year’s topic is the Environmental Protection Agency’s (EPA’s) efforts to protect and promote “Environmental Justice.” The Commission reviews decades of EPA efforts, and criticizes longstanding inadequacies.

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Tags: Health & Safety, Environmental risks, Environmental, EPA, ghg, Hazcom, RCRA

California Tightens Restrictions On High-Impact Short-Lived Climate Pollutants

Posted by Jon Elliott on Tue, Oct 11, 2016

Attempts to reduce greenhouse gas (GHG) emissions are more complex than they first appear. Reports in the mass media tend to focus on carbon dioxide (CO2). The United Nations Framework Convention on Climate Change (Framework Convention) focuses primarily on six GHGs, including CO2 as well as methane (CH4), nitrous oxide (N2O), hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride (SF6). Climate change scientists have identified hundreds of GHGs, with widely varying sources, relative contributions to climate change (numerical “global warming potential (GWP)”, where CO2 is defined as 1.0), and total contribution based on emitted volumes.

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Tags: California Legislation, Greenhouse Gas, ghg, Hazcom, climate change


Posted by Rebecca Luman on Thu, Oct 06, 2016

To improve the efficiency of RCRA Corrective Action, in 2014, EPA Regions 3 and 7 began a pilot to implement RCRA Corrective Action using Lean process analysis with the goal of clarifying goals and expectations early in the process. The Lean process is a collection of principles and methods that focus on the systematic identification and elimination of non-value-added activity involved in producing a product or delivering a service to customers. Within the RCRA Corrective Action program, the Lean process was used to remove various redundant steps and frontload goals and expectations through a corrective action framework (CAF), resulting in significant time savings.

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Tags: Environmental risks, Environmental, EHS, EPA, Hazcom, RCRA

EEOC Issues New Enforcement Guidance on Retaliation

Posted by Jon Elliott on Tue, Oct 04, 2016

The Equal Employment Opportunity Commission (EEOC) administers and enforces most national anti-discrimination laws. As part of these responsibilities, EEOC issues formal regulations, and a host of less formal guidance documents – some directed to employers, some to employees, and/or some to the agency’s own personnel. In August 2016, EEOC reissued EEOC Enforcement Guidance on Retaliation and Related Issues (“the Guidance”), describing its approach to situations where employees claim they’ve suffered retaliation for asserting rights against discrimination under the laws EEOC administers, or even just for questioning workplace rules and situations.

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Tags: Employer Best Practices, Employee Rights, EEOC, directors, directors & officers

EPA Proposes Next Step Toward e-Manifests

Posted by Jon Elliott on Thu, Sep 29, 2016

The U.S. Environmental Protection Agency (EPA) regulates hazardous wastes under the Resource Conservation and Recovery Act (RCRA). These regulations include a detailed national system governing hazardous waste shipments from generators to offsite management facilities. In October 2012, RCRA was amended by the Hazardous Waste Electronic Manifest Establishment Act, authorizing EPA to implement a national electronic manifest system. In 2014, EPA adopted regulations to govern the new electronic system (I blogged about the rules here), but deferred compliance provisions (including specific electronic formats) while the agency continues to work on its data collection and management system.

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Tags: Environmental, EPA, Hazcom, RCRA

U.S. and China Renew Climate Change Vows to Jumpstart Paris Agreement

Posted by Jon Elliott on Tue, Sep 27, 2016

In recent years, the United States and China have found a rare basis for cooperation in their joint efforts to accelerate international efforts to manage and reduce climate change. The first significant step in this cooperation was the two countries’ bilateral agreement in November 2014 to manage greenhouse gas (GHG) emissions within their boundaries (I blogged about it here). At the time, the two countries offered their commitments as a way to reinforce international climate change negotiations underway to replace the expiring Kyoto Protocol to the United Nations Framework Convention on Climate Change. In December 2015, those negotiations produced the Paris Agreement, which established global mechanisms for countries to declare self-enforcing national GHG management commitments (I blogged about the Paris Agreement here).

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Tags: EPA, Greenhouse Gas, ghg, climate change

New Rules For Labor Law Compliance By Federal Contractors

Posted by Jon Elliott on Thu, Sep 22, 2016

In July 2014, President Obama issued Executive Order (EO) Number 13673, establishing a series of reporting and procedural requirements for federal contractors, inducing them to provide “Fair Pay and Safe Workplaces” to their employees. Some requirements are specific in the EO, while others were left for clarification by revisions to the Federal Acquisition Regulation (FAR), for contracts subject to these requirements. (I blogged about the EO here). None became effective in 2014, but instead they have awaited the FAR revisions. The revised FAR has been issued effective October 25, 2016, for appropriate contracts issued by the Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA). The new requirements will be phased in, covering contracts and subcontracts for goods and services greater than $50 million immediately, and those greater than $500,000 effective April 25, 2017.

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Tags: Employer Best Practices, OSHA, Employee Rights, EEOC, directors & officers

White House Guidance for Agency Consideration of Climate Change in Environmental Reviews

Posted by Jon Elliott on Tue, Sep 20, 2016

On August 2, the White House’s Council on Environmental Quality (CEQ) issued guidance to assist federal agencies in their consideration of the effects of greenhouse gas (GHG) emissions and climate change when evaluating proposed federal actions. I refer to this documents as “the Guidance” below.

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Tags: Environmental risks, Environmental, EPA, Greenhouse Gas, ghg, climate change, CAA, CEQA