Inspections

News & Analysis as of

So You've Reported An Accident To OSHA: What Happens Next, And How Do You Respond?

OSHA’s “Interim Enforcement Procedures” Prioritize Its Responses to Reported Accidents, Calling for Inspections in Some Cases and Submission of the Employer’s Own Accident Investigation Report in Others....more

The Flying Insurance Adjuster—Implications of Insurers’ Use of Drones

Insurers perform property inspections in connection with underwriting to determine if the property meets their standards for issuing coverage, and to determine the appropriate premium classification. Insurers inspect damaged...more

New York City Building Owners Granted One-Time Amnesty of Façade Inspection Safety Program

Under Local Law 11 (LL11), the New York City Department of Buildings requires owners of buildings that are six stories or greater to have exterior walls inspected once every five years. Commonly referred to as FISP (Façade...more

EEOC Denied Inspection Of Employer’s Premises

In EEOC v. Vicksburg Healthcare, LLC, No. 13-CV-895 (S.D. Miss. Apr. 22, 2015), Magistrate Judge Michael T. Parker of the U.S. District Court for the Southern District of Mississippi denied the EEOC’s request to be allowed to...more

Court Of Chancery Explains When Inspection Is Warranted

Everyone knows that a proper purpose is needed to justify inspection of a company’s records and that investigating wrongdoing is such a proper purpose. But is it enough to just allege that alone, even when there is sufficient...more

Inspector General Launches Investigation into EPA's RCRA Inspections

EPA’s Office of Inspector General (OIG) has launched an investigation to determine whether EPA is inspecting hazardous waste treatment, storage and disposal facilities (TSDFs) in compliance with the law....more

New South Wales Supreme Court Clarifies Inspectors' Powers Under Sections 155 and 171 of the WHS Act

The recent decision of Hunter Quarries Pty Ltd v New South Wales (Hunter Quarries Decision), as provided welcome clarification regarding the operation of an inspector's powers under sections 155 and 171 of the Work Health and...more

MassDEP Rolls Out Third-Party Inspection Program Beginning January 2015

MassDEP’s 2014 reforms to the solid waste regulations include new requirements for third-party inspections of solid waste facilities. These changes reflect an effort by MassDEP to privatize the inspection and policing...more

Responding to Stockholder Inspection Demands Under Delaware Code § 220

Delaware Code § 220 gives stockholders the right to inspect a corporation’s books and records, but that right is subject to certain important limitations that have developed in the Delaware caselaw. When a corporation is...more

You Aren't Entitled to "Original" Corporate Records When Making A Shareholder Inspection Request

When is the last time that you needed an "original" document for a trial? Maybe never. The Rules of Evidence permit the admissibility of "duplicates."...more

Business Lit Ledger -- Fall 2014

In This Issue: - Promoting the False Claims Act By Dismissing Meritless Qui Tam Actions -Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation...more

MOL inspector’s grievance gives glimpse into MOL’s after-hours accident response process

Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests. An MOL inspector filed a grievance under his...more

USCIS Rolls Out Full-Scale Implementation of L-1 Site Visit Program: Employers of L-1 Transferees Should Now Set up Processes to...

U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by...more

Time to Prepare for an On-Site FMLA Investigation

Employers can expect more on-site audits from the U.S. Department of Labor (DOL) as part of its normal procedures in investigating Family and Medical Leave Act (FMLA) violations, according to statements made by FMLA Branch...more

Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

France’s Data Protection Authority unveils its inspection targets for 2014

The French Data Protection Authority (the CNIL) has announced its 2014 inspection targets, with the goal of reaching 550 inspections for the year. Last year, the CNIL carried out 414 inspections. Capitalizing on a...more

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

How to Be Prepared if a Non-Employee Union Agent Shows Up with OSHA at an Inspection

As we discussed in a previous post, the Occupational Safety and Health Administration (OSHA) issued an interpretation letter last year stating that non-employee union organizers or community activists could “represent”...more

Buyers Beware: Little Known Pittsburgh Building Code Ordinance Can Present Expensive Problems

Commercial property buyers, landlords and tenants should be aware that a little known City of Pittsburgh ordinance requires building owners to conduct periodic inspections of building façade exteriors in the City. Many...more

Class Action Proceeds Against MOL For “Negligent Inspection”

In a case that will be closely watched, an Ontario judge has permitted a class action lawsuit against the Ministry of Labour for “negligent inspection” of a workplace....more

MOL Inpector Had Not “Pounced” After Putting Employer At Ease About Possible OHSA Charges: Court

An inspector’s alleged statement that, “our branch is different up here. I know in southern Ontario they fine, fine, fine. But we don’t do that here” was not a promise that he wouldn’t lay charges under the Occupational...more

Subchapter M - Inspecting the Uninspected

On September 10th of this year, the President and CEO of the American Waterways Operators (AWO) appeared before the House Subcommittee on Coast Guard and Maritime Transportation and called for finalization by late 2013 or...more

Proposed OSHA Workplace Data Program Could Lead to More Targeted Employer Inspections

OSHA has issued a proposed regulation that, for the first time ever, would require certain employers to submit workplace injury and illness data directly to OSHA in electronic format. After being submitted, the data would...more

China to Relax the Corporate Registered Capital System and Reform the Annual Inspection Process

The government is moving in a direction to make the corporate formation and supervision process more user-friendly. Two key changes are expected to happen in the near future. The first is the abolishment of the registered...more

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