Audit, Compliance and Risk Blog

Investigation of the 2010 spill at Marshall, Michigan, the largest on-land spill in US history, underlines the reality that a Facility Response Plan (FRP) is more than a government-required document—an inadequate document or plan can lead to environmental and economic disaster. Owners and operators of onshore pipelines must review and update FRPs every five years from the date of last submission or last approval, and whenever new or different operating conditions arise that would affect the plan. (49 CFR 194.121 Response Plan Review and Update Procedures). PHMSA recently released two Advisory Bulletins reminding operators what it requires in an FRP and listing five of the most common reasons for it to reject an FRP.

The Directorate of Construction, Occupational Safety and Health Administration (OSHA) has a website that provides original investigations of collapses and other incidents. Many of the incidents resulted in one or more worker fatalities, and most of them resulted in multi-million dollar property loss, lawsuits, or settlements. Each investigation was performed at the request of an OSHA field office or State Plan OSHA as part of an enforcement inspection.

Section 10(b) of the Securities Exchange Act of 1934 prohibits use of “any manipulative or deceptive device” in connection with purchases or sales of securities. Since its adoption, this provision has provided SEC with an important enforcement tool. Beginning in 1975, the US Supreme Court also empowered aggrieved shareholders to use this Section to support private lawsuits against alleged violators (Blue Chip Stamps v. Manor Drug Stores). The substantive and procedural contours of this private right have continued to evolve in the subsequent four decades, as courts address arguments by plaintiffs and defendants. In 1988, the Supreme Court ruled that plaintiffs who buy or sell shares through an “efficient market” are entitled to a presumption that they relied on that market’s price, not knowing that the market was tainted by manipulative or deceptive information (Basic, Inc. v. Levinson).

Expect little relief from flood of unwanted electronic messages, experts say.

Last August, President Obama issued an Executive Order (EO 13650) to agencies with responsibilities for chemical facility safety (I blogged about it here). The EO provides for a Chemical Facility Safety and Security Working Group, co-chaired by the Department of Homeland Security (DHS, which administers the Chemical Facility Anti-Terrorism Standards (CFATS) program), Environmental Protection Agency (EPA, which administers the Accidental Release Prevention (ARP) program under Clean Air Act) and Department of Labor’s Occupational Safety and Health Administration (OSHA, which administers Chemical Process Safety Management (PSM) Standard), and also including the Departments of Transportation, Justice (DOJ) and Agriculture. It directs them to work together to improve their operational coordination, and to consult with other security and environmental agencies at all levels of government, as well as the White House.

A study published in 1996 by the U.S. Department of Health and Human Services (DHHS) National Institute for Occupational Safety and Health (NIOSH) illustrates the value of applying ergonomic controls to aspects of the beverage delivery industry and demonstrates the effectiveness these measures have in reducing musculoskeletal injuries through psychophysical, physiological, and biomechanical methods.

The best strategies for workplace violence prevention involve updated and enforced company policies; an awareness that real perpetrators don’t necessarily make direct threats to their targets; and the creation of Threat Assessment Teams to manage situations successfully. These four management interventions can help those efforts as well.

Knowing CASL’s exemptions is key to learning how it applies to your business.

Many organizations have mailrooms that receive posted mail, and packages shipped using parcel and express services. In some of these organizations, mailrooms also serve as the entry point for deliveries of goods and products by other venders. If your organization has a mailroom, it offers entry into your workplace for potentially dangerous materials, including those sent without harmful intent but also without appropriate packaging, and those sent in order to harm individuals or the organization.

Boards of directors are responsible for governing their corporations. Many boards divide their work among committees that are assigned specific tasks. Standard committees include an “audit committee,” with responsibilities that may include: