Audit, Compliance and Risk Blog

DC Circuit Upholds Most of EPA’s 2015 Standards For Ground Level Ozone

Posted by Jon Elliott on Tue, Sep 17, 2019

On August 23, the federal Court of Appeals for the District of Columbia (DC Circuit) upheld most aspects of the National Ambient Air Quality Standards (NAAQS) for ground level ozone adopted by the Environmental Protection Agency (EPA) in 2015. The Clean Air Act (CAA) requires EPA to create a list of air pollutants based on emissions that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare (criteria pollutants), to establish NAAQS based on these criteria, and to review the NAAQS every 5 years.

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Tags: Business & Legal, Health & Safety, Environmental risks, Environmental, EPA, Greenhouse Gas, ghg, CAA

Reversed on Appeal: Workplace Harassment Isn’t a Tort In Ontario After All

Posted by Jon Elliott on Tue, Sep 03, 2019

Although an ever-expanding range of laws prohibit workplace harassment, the Court of Appeal for Ontario has now ruled that harassment is not a free-standing common law tort in that province. This ruling reverses a trial court ruling by the by the provincial Superior Court of Justice that shocked employment law in 2017. This ruling returns workplace harassment to the realm of statutory and regulatory requirements and prohibitions, which certainly isn’t unambiguous, but at least offers more structured frames of reference. The case is Merrifield v. Canada (Attorney General), and it litigates a complaint between a member of the Royal Canadian Mounted Police (RCMP) and his employers.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Workplace violence, Canadian

Motor Vehicle Greenhouse Gas Standards–California and Four Manufacturers Finesse the Turf War With the Federal Government

Posted by Jon Elliott on Tue, Aug 20, 2019

Since the Trump Administration reversed the federal government’s agreement with California for joint motor vehicle greenhouse gas (GHG) standards, federal and state agencies have moved steadily to assert their respective authorities and to sue their counterparts. However, on July 25, 2019 California and 4 major vehicle manufacturers announced a voluntary agreement that eases the state requirements somewhat while making the looser federal standards irrelevant for those companies – and for any additional manufacturers that might join later.

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Tags: Business & Legal, California Legislation, Environmental risks, Environmental, Greenhouse Gas, ghg

Canada—Federal Employers: Prepare for a Wave of Change in Workplace Harassment Obligations

Posted by Maryse Tremblay on Tue, Jul 30, 2019

In the last few years, and particularly with the advent of the #MeToo movement, some employers may have seen a rise in the number of harassment complaints in the workplace, including sexual harassment complaints. Employers under federal jurisdiction have been affected as well.

However, the current legal framework surrounding harassment and violence in federally regulated workplaces is fragmented. The results of many public consultations have shown that this framework is not currently designed to adequately address occurrences of sexual harassment and sexual violence.

In that context, in the past 18 months, significant changes have been proposed to the current legislation to address workplace harassment situations.

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Tags: Business & Legal, Employer Best Practices, Health & Safety, Employee Rights, Workplace violence, Canadian

Creating an Enforceable Online Contract: Best Practices

Posted by Linda Norbut on Tue, Jul 23, 2019

“I AGREE.” Anyone who engages in online commerce has likely had to click on that button countless times. The question is whether contracts made under these and similar circumstances are enforceable. The typical lawyer’s answer would likely be “it depends,” but those drafting online agreements, such as privacy policies, terms and conditions (T&C), and end-user license agreements (EULA), can take certain measures to make certain such agreements are ultimately enforceable.

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Tags: Business & Legal, Internet

EPA Takes Another Step To “Reform” Benefit Cost Analyses

Posted by Jon Elliott on Tue, Jul 09, 2019

Since President Trump took office, the Environmental Protection Agency (EPA) has taken a number of steps to narrow benefit-cost analyses, reversing expansive approaches used during the Obama Administration and narrowing the scope of “justifiable” environmental and health regulations. The latest such step appears in a May 13 memorandum from EPA Administrator Wheeler to his Assistant Administrators.

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Tags: Business & Legal, Environmental risks, Environmental, EHS, EPA

It’s Time To Submit Annual Toxic Release Inventory Reports

Posted by Jon Elliott on Thu, Jun 27, 2019

Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA, also referred to as SARA Title III) requires selected facilities to file toxic chemical release inventory reports with EPA and their state, on one of two forms (Form R or Form A). This program is often referred to as the Toxics Release Inventory (TRI) program. Filings are due every July 1, so facilities that know or suspect they’re covered should be preparing their annual submissions. The remainder of this blog summarizes TRI requirements.

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Tags: Business & Legal, Health & Safety, Environmental risks, Environmental, EPA, Hazcom

Global Rules Coming For Plastic Import-Export

Posted by Jon Elliott on Tue, Jun 25, 2019

International controls on shipments of plastic waste will increase effective January 1, 2021. Parties to the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) have just adopted amendments to add “plastic waste” to the materials governed by the Convention. The European Union and 186 nations are parties to the Basel Convention; President George Bush signed it on behalf of the United States in 1989, but in the ensuing three decades the U.S. Senate has not yet ratified it. However, the U.S. is subject to requirements adopted by the Organization for Economic Cooperation and Development (OECD), which reflect Basel Convention requirements. Besides, most countries that might receive exports are Basel Convention signatories and should enforce its terms.

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Tags: Business & Legal, Health & Safety, Environmental risks, Environmental, EPA, Hazcom

OSHA Unlocks Review of Its Lockout/Tagout Standard

Posted by Jon Elliott on Tue, Jun 18, 2019

Among its many workplace health and safety standards, the Occupational Safety and Health Administration (OSHA) requires employers to protect employees during equipment servicing and maintenance, to prevent “unexpected” equipment energization, start up, or release of stored energy. OSHA’s Control of Hazardous Energy Standard—more often called the Lockout/Tagout or “LOTO” Standard after its primary compliance requirements—requires employers to establish and implement safety procedures to control such hazardous energy. The LOTO Standard has changed very little since OSHA adopted it in 1989, but the agency has just published a formal request for information – public comments – about two changes in workplace equipment over the past 30 years that might affect energy hazards and justify revisions to the LOTO Standard. The rest of this note summarizes existing requirements and discussed OSHA’s review of control circuits and workplace robotics.

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Tags: Business & Legal, Employer Best Practices, Health & Safety, OSHA, Employee Rights, Hazcom

Occupational Safety and Health Review Commission Confirms Employer’s General Duty Clause Applies to Workplace Violence

Posted by Jon Elliott on Tue, May 14, 2019

On March 4, 2019, the U.S. Occupational Safety and Health Review Commission (Commission) issued its first affirmation of a citation and penalty issued by the Occupational Safety and Health Administration (OSHA) to punish a health care provider under the Employer’s General Duty Clause for failing to take adequate steps to prevent workplace violence. OSHA has issued citations under this Clause since 2012, but this is the first time that the Commission has confirmed one of these citations on appeal.

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Tags: Business & Legal, Employer Best Practices, Health & Safety, OSHA, Employee Rights, Workplace violence