Audit, Compliance and Risk Blog

Earlier this month, President Obama signed the Violence Against Women Reauthorization Act of 2013, which renews and revises a wide variety of federal regulatory and grant programs intended to reduce gender-related violence against women. Although many of these protective measures are workplace-related, the amendments also expand protections for students at 99% of the nation’s colleges and universities (those that receive “Title IV” money from the U.S. Department of Education). These schools must comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) by providing an Annual Security Report each October 1.

If you’re responsible for hospital training requirements, and/or have responsibility for planning and carrying out a training program for your staff, you should know that OSHA regulations—such as the Hazard Communication Standard (HCS)—have been revised to conform to the UN’s Globally Harmonized System of Classification and Labelling of Chemicals.

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.

As part of the year in review series, insurance expert Barry Zalma identifies his three most significant insurance law cases of 2012. Here is his second selection:

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).

Domestic violence is a widespread problem with serious consequences for the victims, their families and their workplaces as well. In 2005 a national telephone survey by the Corporate Alliance to End Partner Violence found that 44% of the employed U.S. adults surveyed reported having personally experienced the effects of domestic violence in their workplace, and 21% identified themselves as victims. The same survey reported that 38% of respondents were “somewhat” to “extremely” concerned for their own safety when they learned that one of their co-workers was being victimized.

The presence of “hazardous” materials in your workplace can trigger a wide variety of environmental health and safety requirements and hazardous waste regulations.  The Occupational Safety and Health Administration (OSHA) and state worker protection agencies issue standards to protect workers during occupational handling and storage.  The US Environmental Protection Agency (EPA) and state environmental agencies issue requirements governing the management of hazardous wastes, and emissions to a variety of environmental media (air, water and land).

Do you know what happened to any paints, coatings and surface preparation materials left over after the last project at your facility?