Inspections

News & Analysis as of

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

Ordinance Authorizing Warrantless Inspections of Hotel Records is Unconstitutional

Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth...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

USCIS Site Visits – Expanding to L-1 Petitioners

The United States Citizenship and Immigration Service (USCIS) created and implemented the Administrative Site Visit and Verification Program (ASVVP) in July 2009, under which it conducts unannounced site inspections at the...more

Labor Letter - November 2013: How To Manage An OSHA Inspection

Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already know to take photos whenever the Compliance Officer takes...more

Steering Away the Trojan Horse: Lessons from Worksite Enforcement Actions

The estimated number of illegal immigrants in the United States exceeded 11 million as of 2011, and many reports state that number has grown since then. Tying numbers to economic conditions, more recent studies report that...more

Delaware Master Recommends Dismissing Books and Records Request by Activist Shareholder

On August 16, 2013, a master in chancery issued a draft report recommending that the Delaware Chancery Court dismiss a request by an activist stockholder to inspect the books and records of a large corporation that produces...more

What to Do When the Privacy Regulator Comes Knocking on Your Door? A Short Guide to Handling Inspections and Data Protection...

Inspections and data protection audits from regulators are on the rise across Europe, and this trend is likely to continue. The latest figures for 2012 show that the French data protection authority (Commission Nationale de...more

China Takes Further Steps to Strengthen the Protection of Personal Information

Recent provisions issued by China’s Ministry of Industry and Information Technology underscore the country’s increased emphasis on the protection of telecommunications and internet users’ personal information....more

Particularly Egregious Product Failures Cause For Punitive Awards

Most nutrition experts agree that Americans could stand to eat less red meat and more fish. ...more

Be Prepared for an OSHA Inspection Before It Happens

If OSHA pays you a visit anytime in the next few months, you can expect that they will look at egress issues at your workplace. In the June 17 edition of OSHA's Quick Takes, OSHA issued the following...more

Ninth Circuit Affirms APHIS’s Deregulation of Roundup Ready Alfalfa; Denies Plaintiffs’ Request for Rehearing En Banc

In May 2013, the Ninth Circuit in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir. May 17, 2013), affirmed a district court’s ruling that upheld the U.S. Department of Agriculture’s Animal and Plant Health Inspection...more

Healthcare Employers Beware: OSHA Campaign Is Targeting You

On July 16, 2013, the Occupational Safety and Health Administration (OSHA) announced that it is launching a campaign that aims to protect healthcare workers from musculoskeletal disorders (MSDs)....more

Bad Faith Sentinel - July 2013

CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

Restaurant Industry Newsletter - July 2013

When OSHA Comes to Dine It Doesn't Make Reservations - The Occupational Health and Safety Administration (OSHA) establishes and enforces workplace safety regulations in several industries, including restaurants....more

Barnes v. Telestone Tech. Corp., C.A. No. 8513-VCG (Del. Ch. July 10, 2013) (Glasscock, V.C.)

In this letter opinion, the Court of Chancery dismissed an action under Section 220 of the Delaware General Corporation Law to inspect a corporation’s books and records where the Plaintiff’s demand failed to provide...more

Belgium: Belgian Competition Council Conducts Dawn Raid At The National Lottery

Belgian media reported today that the Belgian competition authority conducted surprise inspections at the offices of the National Lottery. The raids began on Tuesday (23 July 2013), and were conducted by Belgium's Competition...more

Kalisman v. Friedman – A California Analysis

A few months ago, Vice Chancellor J. Travis Laster issued an interesting decision involving director inspection rights and the attorney-client privilege. Kalisman v. Friedman, 2013 Del. Ch. LEXIS 100 (April 17, 2013). ...more

Litigating Against Government Agencies: Case Studies in Challenges to Agency Decisions Under Federal Environmental Statutes

Record review challenges to federal agency decisions in the environmental context are, arguably, among the most frequently litigated and, yet, the least frequently won or favorably settled federal cases. Several case studies...more

Broker-Dealers: Pay Attention To Government Audits And Examinations

The story of “The Boy Who Cried Wolf” applies with full force to the securities industry and the FCPA. ...more

Your HazMat Is In The Air: When Things Go Wrong

With increased inspections and enforcement, businesses are discovering the hard way that many common materials are “hazardous materials” (“HazMat”) under U.S. DOT rules. ...more

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