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Environment: Alert - November 18, 2009

Environmental justice – a mix of environmental and civil rights law and policy – is receiving in­creased attention in the Obama Administration, bringing with it challenges and opportunities for municipalities, facilities and others operating in low-income and minority communities. This alert discusses various aspects of environmental justice and the implications for the Obama Administration. Federal agencies, including the DOJ and EPA, have concluded that low-income and minority communities bear a greater environmental risk than the general population. Now is the right time to take stock of your environmental justice situation and take any prudent proactive steps.

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Intellectual Property and Technology: Alert - November 17, 2009

Governor Patrick’s Office of Consumer Af¬fairs and Business Regulation announced on November 4, 2009, that it has filed the final Massachusetts ID Theft Regulation, also known as 201 CMR 17:00. The goal of Regulation 201 is to help combat the loss of personal information; the most significant change is a require¬ment that covered entities amend existing agreements that they have with third-party service providers to include language requiring these providers to implement and main¬tain “appropriate” security measures for the protection of personal information.

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Labor, Employment and Benefits
Newsletter - May 2000
 
In this Issue...
OSHA Plans To Target Certain Employers In 2000
 
May 1, 2000
 

Has OSHA specifically targeted your workplace for inspection in the upcoming year? A close review and analysis of OSHA’s Site Specific Targeting 2000 compliance directive, which was issued on February 4, 2000, may help you answer that question.

In recent years, OSHA has implemented its site specific targeting plan to identify those sites with high accident rates for inspections. The concept stands on the economic base that limited resources are best expended in those areas in which they can have the most effect, on inspections of those employers with the worst history of Loss Work Day Injury and Illnesses (LWDII). Surveys are distributed to 80,000 employers and some of those who report high rates of workplace injuries or illnesses are targeted for inspection.

Certain industries are not included in this program. Construction, mining, sports, deep sea transportation and industries with high concentrations of government workers have been excluded because their inspections are covered by another administrative plan or are not subject to or are beyond the scope of OSHA enforcement. Establishments with less than 10 workers are excluded from the program as are those that have received a comprehensive safety and health inspection after January 1, 1998.

Computing the LWDII for an establishment is the most important step in the analysis. The LWDII is defined as the number of loss work day injuries divided by the total number of hours worked, times 200,000. That is the number of lost work day injuries per 100 employees working 2,000 hours per year. The national average LWDII for 1998 was 3.1. Establishments with LWDII greater than 14.0 are the first targeted, with the maximum of 4200 sites, with the exception of nursing homes – all of which will be inspected. Establishments with less than 40 workers will be inspected if no records are available.

If an OSHA area office completes all of its inspections with LWDII greater than 14.0 between January 31, 2001, it will then move on to establishments with rates between 8.0 and 14.0.

If your workplace is selected for inspection, the first action taken by the compliance safety and health officer (CSHO) will be to review your OSHA 200 logs for 1997, 1998 and 1999. The 1998 rate, (as calculated by the compliance officer), will be compared to that reported by the employer to OSHA. The CSHO may also check the OSHA 101, (Accident Report), forms as they deem appropriate to validate the 200 logs. If the CSHO calculated rate for 1998 or 1999 is above 8.0, he will proceed with an inspection. If the rate is less than 8.0 for each year, he will do a records review only and record the inspection as such and exit the facility. However, even for records only inspections, the CSHO may conduct a partial walk-through and interview workers to verify the records review. Any serious violations that are observed or brought to the attention of the CSHO will be cited, as well as any record-keeping violations.

Employers would do well to review their OSHA 200 logs for each of the past three years to determine if their LWDII is greater than 8.0. If it is greater than 8.0 for any of the years, they should: (1) recognize that they have what may be a safety problem at their facility and take appropriate actions to reduce their LWDII; and (2) proceed as if an OSHA inspection is imminent. I would suggest that number 2 is sound advice for any employer, independent of their LWDII, who wants to instill a culture of safety among its employees, provide a safe work place, and reap the economic benefits that flow therefrom.

For more information please contact Michael G. Murphy at 1-888-688-8500 or mgmurphy@hklaw.com.

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