Audit, Compliance and Risk Blog

EPA Moves to Formalize Revised Strategies

Posted by Jon Elliott on Tue, Oct 24, 2017

EPA Administrator Scott Pruitt has, by word and individual action, been moving the Environmental Protection Agency (EPA) away from President Obama’s aggressive agenda and toward President Trump’s preference for reduced activity. These have included a less-regulatory “Back-to-Basics Agenda,” which I described here. Now the agency is proposing to formalize these priorities in its strategic plan for the next four fiscal years, 2018-2022.

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Tags: EPA, Environmental, Environmental risks, Health & Safety

“Workplace” Under Part II of the Canada Labour Code Includes Work Activities Performed in Workplaces Not Controlled by the Employer

Posted by Maryse Tremblay on Tue, Oct 17, 2017

In a recent decision, Canadian Union of Postal Workers v. Canada Post Corporation, the Federal Court of Appeal reversed an earlier Federal Court endorsement of an appeals officer’s decision to limit the definition of “workplace” for the purposes of inspection under Part II of the Canada Labour Code to workplaces where the employer exercises control.

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Tags: Canadian, Employee Rights, Employer Best Practices, Health & Safety

EPA Evaluating Superfund Policies

Posted by Jon Elliott on Tue, Oct 10, 2017

One of new Environmental Protection Agency (EPA) administrator Scott Pruitt’s many initiatives has been to change his agency’s approaches to cleanups under the national Superfund law. He announced several basic policy changes in May, and convened a Superfund Task Force to develop detailed recommendations. The task force issued its report late in July, offering 42 recommendations. These are summarized below.

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Tags: Environmental, Environmental risks, EPA, Health & Safety, site auditing

You May Be Getting More Labeling Information Soon

Posted by Jon Elliott on Tue, Oct 03, 2017

One of California’s longstanding amplifications of national environmental health and safety (EH&S) programs is provided by “Proposition 65.” I summarized these provisions here. As I described, the main thrust of this 1986 state enactment is to provide warnings about potentially hazardous chemicals, to customers, workers, and other “potentially exposed individuals." Prop 65 provides sample texts for warnings, including “safe harbor” text for product labels and in-store signage. After 30 years, the state is revising these safe harbors to be more informative. Revised safe harbor text became available for use August 30, 2016 and replace their expiring predecessors on August 30, 2018. Since we’re half way through this two year transition, it’s a good time to review.

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Tags: Hazcom, California Legislation, Environmental, Environmental risks, Health & Safety, OSHA

Natural Disasters Remind Us To Review Emergency Plans

Posted by Jon Elliott on Tue, Sep 26, 2017

Although environmental health and safety (EH&S) regulations focus primarily on safe handling of materials and wastes during routine operations, reports following hurricanes Harvey and Irma, and the major earthquake in Mexico, should remind us to plan to prevent releases from non-routine situations, up to an including natural disasters. Press reports include the following:

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Tags: Environmental, Environmental risks, Health & Safety

Safety: It's Not All About You

Posted by Tanya Conole on Tue, Aug 29, 2017

What if I told you that safety wasn’t about you? That the ‘safety starts with you’ mantra no longer applies? What would you think? How would you act? Could this even be true?

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Tags: Health & Safety, Transportation, Training

What’s In Your Janitor’s Closet? New York Seeks More Information

Posted by Jon Elliott on Tue, Aug 22, 2017

Even workplaces with very limited chemical use probably use cleaning supplies. If these supplies are bought in typical retail packaging intended for consumer use, the employer and employees may lack ready access to chemical content information beyond that on the labels. That’s because the Hazard Communication Standard (Hazcom) administered by the U.S. Occupational Safety and Health Administration (OSHA) exempts consumer products in their final form for consumer use, unless worker use is greater than that by typical consumers.

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Tags: Hazcom, Environmental, Environmental risks, California Legislation, EHS, Health & Safety, OSHA

California’s “Be a Manager, Go to Jail” Law

Posted by Jon Elliott on Tue, Jul 18, 2017

One of California’s many unique environmental, health and safety (EH&S) laws is its “Corporate Criminal Liability Act (CCLA).” CCLA provides greatly expanded potential personal criminal liabilities for violations by managers, so is often referred to as the “Be a Manager, Go to Jail” law. Enacted in 1990, CCLA draws both from occupational safety and product liability laws, to provide sweeping requirements for corporations and managers to abate or warn exposed individuals (including employees) about a broad variety of serious concealed dangers occurring in a broad variety of circumstances, including both workplaces and products. Although this law has been used by prosecutors and advocates to strike fear into the hearts of corporate managers, there have been few reported cases in its nearly three decades on the books.

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Tags: OSHA, Health & Safety, Environmental, Environmental risks, California Legislation

Thinking About Occupational Hearing Protection After Better Hearing and Speech Month

Posted by Jon Elliott on Thu, Jun 22, 2017

May was Better Hearing and Speech Month, and the National Institute for Occupational Safety and Health (NIOSH reminded employers that Occupational hearing loss (OHL) is one of the most common work-related illnesses in the United States. Each year, about 22 million U.S. workers are exposed to hazardous noise levels at work. NIOSH reports that U.S. employers paid more than $1.5 million in penalties for not protecting workers from noise in 2016, and that $242 million is spent annually on workers' compensation for hearing loss disability.

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

EPA Revises Stormwater General Permit For Construction

Posted by Jon Elliott on Tue, Mar 14, 2017

Effective February 16, 2017, the Environmental Protection Agency (EPA) has issued a revised “National Pollutant Discharge Elimination System [NPDES] General Permit for Discharges from Construction Activities” (CGP).” This new 2017 CGP replaces EPA’s 2012 CGP, updating requirements for entities with construction sites that disturb more than 1 acre of land – readers should keep in mind that this covers individual projects, so that even if your organization isn’t a construction company or developer, a big expansion at your facility may be covered.

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Tags: EPA, Stormwater, Environmental, Environmental risks, Health & Safety