Audit, Compliance and Risk Blog

This month marks the twentieth anniversary of the passage of the federal Family and Medical Leave Act (FMLA) of 1993. FMLA requires large employers to grant eligible employees time off to respond to a broad range of medical conditions that they or their immediate family members may suffer. Since 1993, the law has been amended and expanded a number of times, with the Department of Labor’s Wage and Hour Division (WHD) revising its regulations to incorporate and apply these changing requirements. For example, effective March 8, WHD has revised rules providing protections for National Guard and Reserve troops subject to deployments, and for airline flight crews.

As 2013 progresses, governments throughout North America are considering whether and how to expand regulation of greenhouse gas (GHG) emissions in order to reduce climate change. For example, I recently wrote about California’s first sale of GHG emission allowance as part of its “AB 32” cap-and-trade program.

The US Environmental Protection Agency (EPA) continues to expand and refine environmental compliance requirements, including those related to greenhouse gas (GHG) emissions. In particular, facilities and organizations subject to EPA's mandatory GHG emission reporting rules should be preparing to submit reports covering calendar year 2012. Even an entity that reported 2010 or 2011 emissions will still have to adjust its data collection and information reporting efforts. Although reports typically are due March 31, that’s a Sunday this year so April 1 is the date.

Everyone has relationships in the workplace. Many relationships are purely professional, while some add personal elements, and one or more may even be very personal. Anti-discrimination laws may impose scrutiny on any relationship where at least one person is a manager or supervisor, or the owner of a small enterprise. In the U.S. these include laws (including Title VII of the federal Civil Rights Act of 1964, and comparable state laws), regulations and enforcement guidelines (from by the Equal Employment Opportunity Commission (EEOC) and state equivalents), and court cases applying these standards. In Canada these include comparable human rights and occupational health and safety regimes.

The Occupational Safety and Health Administration (OSHA) requires employers to prepare and maintain records of occupational injuries and illnesses (I&I Logs) as they occur. OSHA also requires employers to post an annual I&I Summary in each “establishment” within their workplace by February 1, summarizing that workplace’s I&Is during the previous calendar year. In states that administer federal standards within state-run programs, employers follow the comparable state requirements. Because of this posting requirement, January is the time to confirm that your facility has maintained an adequate I&I Log during the year, and to prepare your summary for each workplace.

If your facility handles sufficient quantities of hazardous materials (“hazmat”), then federal laws and regulations—specifically the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)—requires you to compile and submit an annual inventory of qualifying hazmats to state and local agencies. Although EPCRA allows for abbreviated reporting (“Tier 1”) and full reporting (“Tier 2”), all states presently require Tier 2 reporting. Most agencies require facilities to use EPA’s “Tier 2” reporting forms and/or “Tier2/Submit” software, but some states have promulgated their own variants. Inventory reports are due on March 1 for the preceding calendar year, so January is a great time to confirm that your facility has collected and stored the appropriate data.

SEC activities during 2012 have been dominated by its efforts to issue rules required by two major pieces of recent legislation:

Do you ever discuss work with co-worker friends on Facebook or other social media sites? Or, if you’re an employer, do you worry about what your employees may post about work on their Facebook pages—even when they do so from home after hours?

2012 has been a relatively quiet one for environmental health and safety (EH&S) compliance personnel.  Fewer new laws are enacted in election years, because some or all of the lawmakers are busy running for election or re-election.                                       

Response to Criminal Violations in the Deepwater Horizon Disaster

On November 28, the Environmental Protection Agency (EPA) announced that it was temporarily suspending BP from all new contracts with the U.S. government. EPA acted two weeks after BP agreed to plead guilty to 14 criminal counts, including manslaughter, obstruction of Congress and other criminal charges stemming from the 2012 Deepwater Horizon blowout and oil spill. BP also agreed to pay $4.5 billion in penalties. Federal agencies have authority to issue temporary suspensions and longer-term “debarments” to parties that violate criminal laws (over three thousand were issued in the last fiscal year). EPA is the lead agency doing so for violations of national water and air laws. The effects on BP could be significant: BP is currently the largest lease-holder in deep water portions of the Gulf of Mexico, and in 2011 was the largest supplier of fuels to the U.S. military. Its existing contracts are not affected, but it is ineligible for new ones (for example, the company has already had to skip a round of deep water leasing by the Department of the Interior).