Audit, Compliance and Risk Blog

On July 6, 2012, President Obama signed into law the “Moving Ahead for Progress in the 21st Century Act (MAP-21)”.The 584-page legislation revises and adds many sections to the U.S. Code, intending to “create a streamlined, performance-based, and multi-modal program to address the many challenges faced by the US transportation system, including improving safety, maintaining infrastructure condition, reducing traffic congestion, improving efficiency of the system and freight movement, and protecting the environment” (USDOT, Federal Highway Administration).

The federal Occupational Safety and Health Act provides employers with a "General Duty" to provide their employees with “safe and healthful working conditions, in workplaces free of recognized hazards” which comply with OSHA standards for general industry. 

Electrical Safety OSHA: Principles and Hazard Controls

FREE! Education Webinar from STC | August 23, 2012

In 2010, 164 workers died after contact with electrical current in U.S. private industry.  That amounts to an average of more than 3 deaths per week. In this free education Webinar, our presenter, Barbara Ruble, CPEA, QEP, will discuss the legal requirements related to electrical safety, how to identify electrical hazards, and suggestions for establishing and implementing controls to protect employees, as well as minimize the opportunity for business interruption.

Energy companies have used hydraulic fracturing—often referred to as ‘fracking’—since the 1940s in order to enhance recovery of oil and natural gas from low-permeability (“tight”) rock formations.
Frackers pump high-pressure fluids into rock formations to create and expand cracks and create pathways for valuable hydrocarbons to flow out.  The stimulant fluids are usually water-based, with additional chemicals (acids, surfactants, biocides, etc.) to improve the effectiveness of the fracking process as well as solid ‘proppants’, which prop open the expanded openings (sand, etc.). 

A recent news headline told the story of two nurses who were involved in a scuffle with the father of a newborn inside a New York hospital--apparently, the father was a high profile member of the Kennedy family. The conflict was triggered when he began to carry his infant son out of the hospital without the usual authorized procedures--at which point one of the nurses attempted to block him from leaving.

On June 26, the federal District of Columbia Circuit Court of Appeals issued a major decision, upholding four rulings by the U.S. Environmental Protection Agency (EPA).  All four rulings expand the regulation of greenhouse gas (GHG) emissions under the Clean Air Act (CAA). The case is Coalition for Responsible Regulation v. EPA.1 

Does your organization have a formal workplace violence prevention policy? Requirements that employers protect their employees against workplace violence are expanding throughout North America.  For example, public agencies in New York have been required to do so since 2009 (S 6441), and most employers in Ontario have required the same since 2010 (Bill 168), while Manitoba revised longstanding requirements in 2011. 

Disability insurers are often chastised for not accepting an insured’s disability claim and denying them insurance benefits. At the same time, some individuals attempt to recover from their disability insurer even when they are able to perform the duties of their occupation. And when contracts are written in such a way that even the most erudite advocate cannot determine their meaning unequivocally, it is no wonder so many such cases end up in litigation, as in the following case from Arkansas.

On Monday, March 26, 2012, the Occupational Safety and Health Administration (OSHA) promulgated a final rule officially adopting the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) as part of the Hazard Communication Standard [29 CFR 1910.1200]. Employers that make, transport, handle or otherwise use chemicals should start now to prepare for the transition to GHS.

The Santa Barbara County Air Pollution Control District is proposing to amend District rules to reduce air pollution caused by cleaning solvents.  The provisions would include requirements for work practices, reactive organic compound (ROC) content limits, and solvent cleaning devices and methods.The Santa Barbara County Air Pollution Control District is seeking to amend rules concerning Surface Coating of Metal Parts and Products (Rules 330), Surface Coating of Aerospace Vehicles and Components (Rules 337), Polyester Resin operations (Rules 349), and Adhesives and Sealants (Rules 353).