NEGLIGENCE AND THE DUTIES OF A TEACHER

Size: px
Start display at page:

Download "NEGLIGENCE AND THE DUTIES OF A TEACHER"

Transcription

1 NEGLIGENCE AND THE DUTIES OF A TEACHER DEFINITION OF NEGLIGENCE Conduct that falls below a standard of care established by laws to protect others against unreasonable harm. THE PRUDENT PERSON PRINCIPLE If the standard of care has not been established by statute, the action or inaction of an individual will be measured against what a hypothetical, reasonable and prudent person would have done under the same circumstances. FORSEEABILITY The prudent and safety-conscious science teacher anticipates the potential risk of an investigation or field study and takes steps to minimize the risks. One important means of minimizing risk is to provide training in the safe handling of reagents, animals, plants and microorganisms. Instruction should also include appropriate procedures to follow if an accident, fire or other incident occurs. DUTIES OF A TEACHER The teacher has three basic duties related to the concept of negligence: 1. Duty of Instruction? The teacher must provide complete instructions as to the procedures, proper conduct and risks to students prior to their working in the laboratory and before investigation;? This instruction must be documented;? Students knowledge and skills in laboratory safety should be assessed. 2. Duty of Supervision? The teacher must supervise students working in the laboratory at all times, to correct their procedures and conduct as needed;? Students who are unable or unwilling to follow safety-related rules or demonstrate reasonable and prudent conduct should not be allowed to enter the laboratory. 1

2 3. Duty of Maintenance? The teachers must properly maintain the science facilities and all equipment and supplies used by students;? Precautions should be taken by inspecting, testing and correcting any needed repairs to equipment prior to students use;? Unsafe equipment, supplies and facilities which cannot be corrected should not be used by students and must be reported to the school administration. NOTE: OSHA and L&I requirements pertaining to chemical safety are not all-inclusive. Science teachers and school officials need to be familiar with other state regulations and local ordinances that are pertinent. This includes chemical waste management, such as local codes for disposal in landfills or into sewers, fire codes and health department regulations. Schools must inform employees of: EMPLOYEE INFORMATION AND TRAINING 1. Requirements of the Hazard Communication Standard. 2. Where hazardous chemicals are present. 3. Where the school keeps hazard evaluation procedures, written programs, hazardous chemical lists and the required MSDSs. Employee training must include: 1. How the communication program is implemented. 2. How to read and interpret labels and MSDSs. 3. Physical and health hazards of chemicals. 4. Protective measures which employees can take. 5. Methods to detect the presence or release of hazardous chemicals. PUBLIC SCHOOL EMPLOYEE RIGHTS The Right-to-Know law affords public school employees a number of rights: 1. Employees may request in writing, and must receive information in response, concerning the hazards of toxic substances in their workplace. 2. An employee may refuse to work with a toxic substance if he/she has requested information and not received a written reply within 72 hours of its receipt by the employer. 2

3 3. An employee may exercise any right related to the Right-to-Know law without fear of discrimination. 4. An employee must not be required to waive any such rights as a condition of employment. 5. If discrimination occurs, the employee may file a complaint with the state labor department. TYPES OF NEGLIGENCE 1. Malfeasance doing what should not have been done. Example: Instructing students to use benzene or carbon tetrachloride in solubility experiments. 2. Misfeasance performing a lawful act improperly. Example: Instructing students or pour water into a beaker of sulfuric acid to prepare a more dilute solution. 3. Nonfeasance Failing to do what should be done. Example: Allowing students to perform flame tests without wearing safety goggles. PRUDENT PRACTICES TO REDUCE TEACHER LIABILITY 1. Develop a safety plan and put it in writing, then circulate it to superiors. 2. Keep records of your activities. Demonstrate that you are progressing through points on the safety plan. 3. Document all accidents and the actions you took in response. 4. Keep records of prior activities. 5. Conduct regular inspections of work area, identifying potential problems. Inform supervisors of problems and actions that would correct hem. Do this in writing. 6. Assume responsibility by:? Selecting safe experiments? Explaining safe practices to students? Maintaining discipline? Not delegating authority 7. Anticipate potential hazards and eliminate them before you suffer adverse consequences. HOW TO AVOID BEING SUED 1.??Have the student sign a contract/consent form????????(add, yes or no) at the beginning of the class term. 3

4 2. Know the hazards before you do the experiment. 3. Determine beforehand what is the worst thing that could possibly happen during the experiment. 4. Determine what you must do to be prepared. 5. Eliminate as many of the controllable factors as possible. COMMON DEFENSES IN NEGLIGENCE SUITS Duty of Care: Teacher must have owed a duty of care to the student; common law has established such a duty. Standard of Care: Teacher must have failed to exercise an appropriate standard of care; a reasonable and prudent person is expected to anticipate the possible harmful results of his or her actions or inactions ( Concept of Forseeability ). Proximate Cause: Teacher s negligence must be the substantial cause of the student s injury. Actual Loss or Injury: Teacher s negligence must have resulted in a proven injury or loss to the student. NOTE: To avoid liability for an alleged negligent act, the teacher may try to show that one or more of the preceding elements were not present. However, more common defenses include the following: Contributory Negligence: Showing that the student s failure to exercise the required degree of care was the direct cause of injury. Comparative Negligence: Requiring the court or jury to apportion negligence among the plaintiff(s) and defendant(s) and adjusting the amount of the award accordingly. This concept is replacing contributory negligence. Assumption of Risk: Showing that the student knew and accepted the risk involved. lpm/mydocs/l&i/neg&duties 4

5 ENVIRONMENTAL STATUTES Clean Air Act Clean Water Act Comprehensive Environmental Response, Compensation and Liability Act Federal Insecticide, Fungicide and Rodenticide Act National Environmental Policy Act Resource Conservation and Recovery Act Safe Drinking Water Act OSHA: WORKER HEALTH AND SAFETY OSHA Regulates Many Aspects of Laboratory Safety: Ventilation Hazardous Materials (e.g. compressed gases, combustible liquids) Personal Protective Equipment Medical First Aid Electrical Toxic and Hazardous Substances Solid Waste Disposal Act Superfund Amendments and Reauthorization Act Toxic Substances Control Act 5

EMPLOYEE SAFETY TRAINING PROCEDURE

EMPLOYEE SAFETY TRAINING PROCEDURE UNIVERSITY OF ALASKA FAIRBANKS SAFETY SYSTEM POLICY AND PROCEDURE DOCUMENT NUMBER: 301 ISSUE DATE: SEPTEMBER 1996 REVISION DATE: APRIL 2003 SUBJECT: Employee Safety Training Procedure EMPLOYEE SAFETY TRAINING

More information

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher?

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher? LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for

More information

SECTION A - 2 HAZARDOUS MATERIALS REGULATIONS

SECTION A - 2 HAZARDOUS MATERIALS REGULATIONS SECTION A - 2 HAZARDOUS MATERIALS REGULATIONS A. Overview of Federal Hazardous Materials Legislation There are a number of Federal laws that regulate hazardous materials. The following is a brief overview

More information

Division of Public Health Administrative Manual

Division of Public Health Administrative Manual PURPOSE To establish a protocol for the development of a written Division of Public Health Hazard Communications Program at each applicable office or laboratory workplace and to assure that employees are

More information

Unintentional Torts - Definitions

Unintentional Torts - Definitions Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.

More information

KEY CAL/OSHA STANDARDS THAT APPLY TO MOST EMPLOYERS

KEY CAL/OSHA STANDARDS THAT APPLY TO MOST EMPLOYERS KEY CAL/OSHA STANDARDS THAT APPLY TO MOST EMPLOYERS FACTSHEET 1 Below are some key Cal/OSHA standards that apply to most employers: A. INJURY AND ILLNESS PREVENTION PROGRAM STANDARD (Title 8 California

More information

Occupational Safety and Health Administration Directorate of Whistleblower Protection Programs (DWPP) Whistleblower Statutes

Occupational Safety and Health Administration Directorate of Whistleblower Protection Programs (DWPP) Whistleblower Statutes to Section 11(c) of the Occupational Safety & Health Act (OSHA). [29 U.S.C. 6(c)] Protects employees from retaliation for exercising a variety of rights guaranteed under the Act, such as filing a S&H complaint

More information

Environmental laws have been enacted to protect natural resources and the public health. A number

Environmental laws have been enacted to protect natural resources and the public health. A number Workers Whistleblower Protection Under Seven Federal Environmental Laws Protecting Workers Who Exercise Rights PWWER A PROJECT OF THE NATIONAL Committees for Occupational Safety and Health NETWORK FACTSHEET

More information

NSTA Duty or Standard of Care

NSTA Duty or Standard of Care NSTA Duty or Standard of Care By the NSTA Safety Advisory Board April 2014 Duty or Standard of Care is defined as an obligation, recognized by law, requiring conformance to a certain standard of conduct

More information

CSUCI Injury and Illness Prevention Program

CSUCI Injury and Illness Prevention Program 1.0 References Title 8, California Code of Regulations, 3203 (8 CCR 3203) 2.0 Administering Agency State of California, Division of Occupational Safety & Health (Cal-OSHA) 3.0 Statement It is the intent

More information

HAZARD COMMUNICATION & THE GLOBAL HARMONIZING SYSTEM EMPLOYEE TRAINING

HAZARD COMMUNICATION & THE GLOBAL HARMONIZING SYSTEM EMPLOYEE TRAINING HAZARD COMMUNICATION & THE GLOBAL HARMONIZING SYSTEM EMPLOYEE TRAINING This easy-to-use Leader s Guide is provided to assist in conducting a successful presentation. Featured are: INTRODUCTION: A brief

More information

Occupational Safety and Health Administration Directorate of Whistleblower Protection Programs (DWPP) Whistleblower Statutes Desk Aid

Occupational Safety and Health Administration Directorate of Whistleblower Protection Programs (DWPP) Whistleblower Statutes Desk Aid to Section 11(c) of the Occupational Safety & Health Act (OSHA) (1970) [29 U.S.C. 6(c)]. Protects employees from retaliation for exercising a variety of rights guaranteed under the Act, such as filing

More information

Whistleblower Protection in New York State. Leslie Perrin, Senior Counsel CSEA Legal Department

Whistleblower Protection in New York State. Leslie Perrin, Senior Counsel CSEA Legal Department Whistleblower Protection in New York State Leslie Perrin, Senior Counsel CSEA Legal Department Civil Service Law Section 75-b Protects Public Employees Prohibits termination, discipline or adverse personnel

More information

CHAPTER 30: EMPLOYEE INJURIES

CHAPTER 30: EMPLOYEE INJURIES CHAPTER 30: EMPLOYEE INJURIES INTRODUCTION TO JOB SAFETY Our legal system has developed three ways of handling employee injuries: A. NEGLIGENCE SUITS Was developed under common-law where the injured employee

More information

NCW and Community Activity SAFETY GUIDELINES

NCW and Community Activity SAFETY GUIDELINES NCW and Community Activity SAFETY GUIDELINES These guidelines are based on the premise that all presenters care very much about the safety of their audiences and participants during demonstration shows

More information

Just for Teachers: An Introduction to Workplace Health and Safety

Just for Teachers: An Introduction to Workplace Health and Safety Just for Teachers: An Introduction to Workplace Health and Safety This introduction is intended to give you an overview of the eight key aspects of workplace health and safety in Nova Scotia workplaces,

More information

Contractor & Subcontractor Safety Policy

Contractor & Subcontractor Safety Policy Contractor & Subcontractor Safety Policy Purpose This document is provided to ensure all safety plans, policies and procedures are communicated to all participating contractors on projects for which we

More information

WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS. Eileen P. Kennedy Berliner Cohen

WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS. Eileen P. Kennedy Berliner Cohen WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS Eileen P. Kennedy Berliner Cohen 1 Topics I. New Laws Protecting Whistleblowers. II. III. IV. Other Anti-Retaliation and Whistleblower Protections. Discipline

More information

Injury & Illness (IIPP)

Injury & Illness (IIPP) Associated Students, Inc. Injury & Illness Prevention Program (IIPP) Created on September 26, 2005 ASSOCIATED STUDENTS, INCORPORATED CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA EMPLOYEE ACKNOWLEDGEMENT

More information

The Comprehensive Environmental Response,

The Comprehensive Environmental Response, Purpose and Applicability of Regulations Chapter 7 The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted by Congress in 1980 to clean up the nation s hazardous

More information

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how

More information

TARLETON STATE UNIVERSITY HAZARD COMMUNICATION PROGRAM

TARLETON STATE UNIVERSITY HAZARD COMMUNICATION PROGRAM TARLETON STATE UNIVERSITY HAZARD COMMUNICATION PROGRAM Office of Risk Management and Safety August 2009 1. GENERAL The 69 th Legislature of the State of Texas, in 1985, enacted the Texas Hazard Communication

More information

Chapter IV INTRODUCTION

Chapter IV INTRODUCTION Chapter IV FACULTY LIABILITY I. Overview INTRODUCTION Faculty members are agents of their employers the college or university. In that capacity, the college is liable or responsible for their acts that

More information

MATERIAL SAFETY DATA SHEET

MATERIAL SAFETY DATA SHEET SECTION 1 GENERAL INFORMATION Manufacturer: HMIS Rating Modern Masters, Inc. HEALTH 1 9380 San Fernando Road FLAMMABILITY 0 Sun Valley, CA 91352 REACTIVITY 0 818-683-0201 Emergency Telephone: 800-942-3166

More information

NEGLIGENCE. The elements of negligence: (Unintentional Torts) Pay attention the last slide is a three-question test!

NEGLIGENCE. The elements of negligence: (Unintentional Torts) Pay attention the last slide is a three-question test! NEGLIGENCE (Unintentional Torts) Pay attention the last slide is a three-question test! hahahahaha The elements of negligence: * Duty of Care * Breach of that Duty * Damage, Loss or Injury * Causation

More information

identify hazards, analyze or evaluate the risk associated with that hazard, and determine appropriate ways to eliminate or control the hazard.

identify hazards, analyze or evaluate the risk associated with that hazard, and determine appropriate ways to eliminate or control the hazard. What is a risk assessment? Risk assessment is the process where you: identify hazards, analyze or evaluate the risk associated with that hazard, and determine appropriate ways to eliminate or control the

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

Job Description. Water Plant Treatment Operator. Water Treatment Plant Operator 5/30/2005 Page 1

Job Description. Water Plant Treatment Operator. Water Treatment Plant Operator 5/30/2005 Page 1 Job Description Water Plant Treatment Operator 5/30/2005 Page 1 PURPOSE OF THE POSITION (The main reason for the position, in what context and what is the overall end result) The is responsible for of

More information

Material Safety Data Sheet

Material Safety Data Sheet Material Safety Data Sheet Section 1 General Information Manufacturer: Rust-Oleum Corporation 11 Hawthorn Parkway Vernon Hills, IL 60061 24 Hour Assistance: 1-847-367-7700 www.rustoleum.com Date: April

More information

HAZARDOUS MATERIAL SAFETY PROCEDURES

HAZARDOUS MATERIAL SAFETY PROCEDURES HAZARDOUS MATERIAL SAFETY PROCEDURES Effective Date: January 1, 1992 Revised Date: March 1993 UT Memphis shall implement a program that protects its employees from hazardous chemical in accordance with

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

TITLE 29: EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE CHAPTER I: EMERGENCY MANAGEMENT AGENCY SUBCHAPTER d: STATE EMERGENCY RESPONSE

TITLE 29: EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE CHAPTER I: EMERGENCY MANAGEMENT AGENCY SUBCHAPTER d: STATE EMERGENCY RESPONSE TITLE 29: EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE CHAPTER I: EMERGENCY MANAGEMENT AGENCY SUBCHAPTER d: STATE EMERGENCY RESPONSE PART 430 EMERGENCY AND WRITTEN NOTIFICATION OF AN INCIDENT OR ACCIDENT

More information

Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe

Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe Legal Liability in Recreation Site Management RRT 484 Professor Ed Krumpe 1 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries

More information

Pesticide Spills. Chapter 26. In This Chapter. Keywords. Accidents. Pesticides Act and Environmental Protection Act

Pesticide Spills. Chapter 26. In This Chapter. Keywords. Accidents. Pesticides Act and Environmental Protection Act Chapter 26 Pesticide Spills In This Chapter Keywords Accidents After learning the information in this chapter, you will be able to: 1. Define a spill. 2. Describe when a spill must be reported to the Spills

More information

Other Workplace Standards: Whistleblower and Retaliation Protections U.S Department of Labor, September 2009

Other Workplace Standards: Whistleblower and Retaliation Protections U.S Department of Labor, September 2009 Other Workplace Standards: Whistleblower and Retaliation Protections U.S Department of Labor, September 2009 Provisions of the following Statutes: Occupational Safety & Health Act (OSH Act), 29 USC 660(c)

More information

Queen's University Environmental Health & Safety. 1. Introduction

Queen's University Environmental Health & Safety. 1. Introduction 1 1. Introduction The (WHMIS) was developed by the Department of Environmental Health & Safety in accordance with the University s Policy Statement on Health and Safety and to ensure compliance with the

More information

School Science Lab Safety Guidelines

School Science Lab Safety Guidelines School Science Lab Safety Guidelines Occupational Safety & Health Bureau Montana Department of Labor & Industry Prepared for Montana Employers by the Occupational Safety & Health Bureau Department of Labor

More information

University of Wisconsin-Stout. Occupational Safety & Health Plan. Overview

University of Wisconsin-Stout. Occupational Safety & Health Plan. Overview University of Wisconsin-Stout Occupational Safety & Health Plan Overview Wisconsin Statutes 101.055 and Wisconsin Administrative Code (Comm 32.11) require all public employers to develop and implement

More information

OSHA Training Guidelines (An Unofficial Summary)

OSHA Training Guidelines (An Unofficial Summary) OSHA Training Guidelines (An Unofficial Summary) Many standards promulgated by the Occupational Safety and Health Administration (OSHA) explicitly require the employer to train employees in the safety

More information

PWWER. Using Section 11(c) of the Occupational Safety and Health Act (OSHA) You have the legal right to safe and healthy working conditions.

PWWER. Using Section 11(c) of the Occupational Safety and Health Act (OSHA) You have the legal right to safe and healthy working conditions. Using Section 11(c) of the Occupational Safety and Health Act (OSHA) Protecting Workers Who Exercise Rights PWWER A PROJECT OF THE NATIONAL Committees for Occupational Safety and Health NETWORK FACTSHEET

More information

SUBCONTRACTOR SAFETY PROGRAM

SUBCONTRACTOR SAFETY PROGRAM SUBCONTRACTOR SAFETY PROGRAM SUBCONTRACTOR SAFETY PROGRAM Page 1 SUBCONTRACTOR SAFETY PROGRAM TABLE OF CONTENTS PAGE NUMBER SUBCONTRACTOR SAFETY POLICY... 3 PURPOSE... 3 GUIDELINES FOR CONTRACTOR PRE-QUALIFICATION...

More information

Workplace Injury & Illness Prevention Program

Workplace Injury & Illness Prevention Program Workplace Injury & Illness Prevention Program ID Analytics Inc. For non-high hazard employers RESPONSIBILITY The Injury and Illness Prevention (IIP) Program administrator is Janet Wickens, Director Human

More information

HAZARD COMMUNICATION PROGRAM PURPOSE

HAZARD COMMUNICATION PROGRAM PURPOSE HAZARD COMMUNICATION PROGRAM PURPOSE The Occupational Safety and Health Administration (OSHA) has promulgated its Hazard Communication Standard (29CFR 1910.1200) to ensure that the hazards of all chemicals

More information

SECTION 1 - PRODUCT IDENTIFICATION

SECTION 1 - PRODUCT IDENTIFICATION Product Identification Physical Data Hazardous Components Fire and Explosion Hazard Data Reactivity Data Health Hazard Information Spill or Leak Procedures Handling Information Special Protection Information

More information

MATERIAL SAFETY DATA SHEET Consumer Product

MATERIAL SAFETY DATA SHEET Consumer Product Page 1 of 6 1. PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: GENERAL USE: Decoreative Enhancement PRODUCT DESCRIPTION: PRODUCT FORMULATION NAME: CHEMICAL FAMILY: Decorative Enhancements GENERIC NAME:

More information

810. Health and Safety Policy

810. Health and Safety Policy Adopted: May 14, 2012 Model Policy 810 Revised: June 22, 2015 Orig. 2012. 810. Health and Safety Policy I. PURPOSE The Windom School District strives to provide a safe, healthy work and educational environment

More information

The Comprehensive Environmental Response,

The Comprehensive Environmental Response, Purpose and Applicability of Regulations The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted by Congress in 1980 to clean up the nation s hazardous waste sites

More information

Issue Date: 04-Oct-2013 Revision Date: 19-Nov-2014 Version Number: 1. 1. Identification. 2. Hazards Identification

Issue Date: 04-Oct-2013 Revision Date: 19-Nov-2014 Version Number: 1. 1. Identification. 2. Hazards Identification Safety Data Sheet Issue Date: 04-Oct-2013 Version Number: 1 Product Identifiers Product Name: Bright Dyes FLT Yellow/Green Liquid Product Number: 106001 Recommended Use & Restrictions on Use Water tracing

More information

Occupational & Environmental Safety & Health Courses (SAFETY)

Occupational & Environmental Safety & Health Courses (SAFETY) Occupational & Environmental Safety & Health Courses (SAFETY) SAFETY 581 Motor Fleet Safety 3 u An analysis of fleet safety problems and programs. Detailed study of the truck transportation industry, motor

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO 1 0 1 MARC D. ADELMAN Attorney at Law State Bar No. Liberty Station Historic Decatur Road, Suite 00 San Diego, CA - (1) -0 Phone (1) -0 Fax Email: AdelmanMD@aol.com Attorney for Plaintiff SUPERIOR COURT

More information

Workplace Related Injuries

Workplace Related Injuries Workplace Related Injuries A Discussion of the Relevant Provisions of New York State Labor Law By: WARREN S. KOSTER, ESQ. CALLAN, REGENSTREICH, KOSTER & BRADY ONE WHITEHALL STREET NEW YORK, NEW YORK 10004

More information

6. WARNING BY BUYER. BUYER shall give warning of any possible hazard to any person or persons to whom BUYER resells, gives or delivers the Property

6. WARNING BY BUYER. BUYER shall give warning of any possible hazard to any person or persons to whom BUYER resells, gives or delivers the Property TERMS AND CONDITIONS FOR ONLINE TRANSACTIONS TO PURCHASE GP PROPERTY (VIA GOINDUSTRY DOVEBID) By submitting a bid to purchase the Property (as defined below), BUYER (as defined below) agrees that the following

More information

Chapter XIV OCCUPATIONAL SAFETY AND HEALTH ACT. The Occupational Safety and Health Act (the Act ), 29 U.S.C. 651, et seq., is

Chapter XIV OCCUPATIONAL SAFETY AND HEALTH ACT. The Occupational Safety and Health Act (the Act ), 29 U.S.C. 651, et seq., is Chapter XIV OCCUPATIONAL SAFETY AND HEALTH ACT The Occupational Safety and Health Act (the Act ), 29 U.S.C. 651, et seq., is administered by the Occupational Safety and Health Administration ( OSHA ) of

More information

2. Assure compliance with federal, state, and local regulations providing for environmental health and occupational safety.

2. Assure compliance with federal, state, and local regulations providing for environmental health and occupational safety. Environmental Health & Safety New Mexico State University MSC 3578, Box 30001 Las Cruces, NM 88003-8001 Environmental Health & Safety Policy NMSU EH&S Safety Policy (Section I & II are in NMSU Policy Manual

More information

Workers Compensation and Employers Liability (Lecture 13)

Workers Compensation and Employers Liability (Lecture 13) Workers Compensation and Employers Liability (Lecture 13) Overview of Lecture 13 (Chapter 9, CPCU 4) I. Introduction II. III. IV. Employers Liability Under Common Law State Workers Compensation Laws Workers

More information

Whistleblower Claims on the Rise

Whistleblower Claims on the Rise Preventing Whistleblower Claims in the Automotive Industry Jeff Kopp 313-234-7140 jkopp@foley.com Felicia O Connor 313-234-7172 foconnor@foley.com Attorney Advertising Prior results do not guarantee a

More information

Workers Compensation and Employers Liability

Workers Compensation and Employers Liability Workers Compensation and Employers Liability Overview of Chapter 9, CPCU 4 I. Introduction II. III. IV. Employers Liability Under Common Law State Workers Compensation Laws Workers Compensation and Employers

More information

Environmental Safety Division University of Georgia Right to Know Training

Environmental Safety Division University of Georgia Right to Know Training Course Overview All UGA employees are required to have basic Right To Know training for their protection. This course is designed to familiarize you with the basics of the Right to Know law covering university

More information

Employment - Federal Employers Liability Act. EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL)

Employment - Federal Employers Liability Act. EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL) . EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL) The Federal Railway Safety Act, 49 U.S.C. 20101 et seq., (the FRSA ) was enacted in 1970 to promote safety in every area of railroad operations

More information

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 Taming the Liability Monster Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 What is so important about understanding Civil Liability for Communications Personnel? Every job has the potential of

More information

Reduce any potential human health hazard and/or to protect against a significant threat to public safety;

Reduce any potential human health hazard and/or to protect against a significant threat to public safety; 3524.1 NON-INSTRUCTIONAL OPERATIONS Hazardous Material in Schools Pest Management/Pesticide Application The Board of Education believes that structural and landscape pests can pose significant hazards

More information

Hazardous Waste Management Plan Page 1

Hazardous Waste Management Plan Page 1 Procedure Subject: Hazardous Waste Management Plan Areas Affected: Departments the generate hazardous waste. Effective: 1/1/09 Reviewed/Revised: 11/24/09 1.0 Purpose, Applicability, and Scope 1.1 Purpose

More information

Facilities Division Integrated Safety Management Plan March 16, 2006

Facilities Division Integrated Safety Management Plan March 16, 2006 Facilities Division Integrated Safety Management Plan March 16, 2006 Contents Facilities Division Introduction 1.0 Integrated safety Management 2.0 Accountability 3.0 Satellite Accumulation Area 4.0 Facilities

More information

SECTION 02 8213 ASBESTOS ABATEMENT

SECTION 02 8213 ASBESTOS ABATEMENT PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 specification sections shall apply to work of this section.

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

ARTICLE 11 HEALTH AND SAFETY

ARTICLE 11 HEALTH AND SAFETY ARTICLE 11 HEALTH AND SAFETY A. UNIVERSITY AND EMPLOYEE COMMITMENT TO HEALTH AND SAFETY 1. The University of California is committed to providing all employees a safe work environment. 2. The University

More information

Job Description. Facilities Maintainer

Job Description. Facilities Maintainer Job Description 5/30/2005 Page 1 PURPOSE OF THE POSITION (The main reason for the position, in what context and what is the overall end result) The is responsible for maintenance of all hamlet facilities

More information

Negligence & Tort Law

Negligence & Tort Law Negligence & Tort Law How to Prove Negligence The plaintiff needs to prove four elements by a preponderance of the evidence Duty Breach of Duty Causation (two parts) Damages Duty Defined: A legal obligation

More information

Material Safety Data Sheet

Material Safety Data Sheet Material Safety Data Sheet Section 1 General Information Manufacturer: Zinsser Company, Inc. 173 Belmont Drive Somerset, NJ 08875 (732) 469-8100 Emergency Telephone: Chemtrec (800) 424-9300 Date: December

More information

The Texas A&M University System Auto Liability Plan

The Texas A&M University System Auto Liability Plan The Texas A&M University System Auto Liability Plan Page 1 Tuesday, September 28, 2010 Table of Contents I. Automobile Liability...3 II. III. IV. Rental Vehicles.4 Personal Autos..4 Plan Exclusions.4 V.

More information

Training Requirement Information

Training Requirement Information Training Requirement Information TIP! Look for the symbol. It presents a representative question, which if answered Yes would indicate the person you were thinking of would be required to participate in

More information

Whistleblower Litigation. Debra S. Katz David J. Marshall Katz, Marshall & Banks, LLP Washington, D.C.

Whistleblower Litigation. Debra S. Katz David J. Marshall Katz, Marshall & Banks, LLP Washington, D.C. 1 THE AMERICAN LAW INSTITUTE Continuing Legal Education Whistleblower Litigation Under SOX and Dodd-Frank: Key Issues for Employers and Employees August 5, 2014 Video Webcast Whistleblower Litigation By

More information

ACCIDENT/INCIDENT REPORTING AND INVESTIGATION PROCEDURE

ACCIDENT/INCIDENT REPORTING AND INVESTIGATION PROCEDURE ACCIDENT/INCIDENT REPORTING AND INVESTIGATION PROCEDURE Introduction 1. Accidents involving personal injuries, including staff, students and visitors etc. and/or property damage may occur on campus. Such

More information

The Fort McMurray Catholic Board of Education is committed to the protection of our employees, contractors, volunteers and the students we serve.

The Fort McMurray Catholic Board of Education is committed to the protection of our employees, contractors, volunteers and the students we serve. Fort McMurray Catholic Schools Operating Policies and Procedures OP 150 Occupational Health & Safety Policy The Fort McMurray Catholic Board of Education is committed to the protection of our employees,

More information

FABULOSO ALL PURPOSE LIQUID CLEANER - LAVENDER

FABULOSO ALL PURPOSE LIQUID CLEANER - LAVENDER This industrial Material Safety Data Sheet is not intended for consumers and does not address consumer use of the product. For information regarding consumer applications of this product, refer to the

More information

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL

More information

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

WE ALL HAVE RIGHTS AND RESPONSIBILITIES

WE ALL HAVE RIGHTS AND RESPONSIBILITIES WE ALL HAVE RIGHTS AND RESPONSIBILITIES Definition of employee a) A person employed at a place of employment. b) A person at a place of employment for any purpose in connection to the place of employment.

More information

The University of Texas at Dallas Texas Hazardous Communication Act Handbook

The University of Texas at Dallas Texas Hazardous Communication Act Handbook The University of Texas at Dallas Texas Hazardous Communication Act Handbook TEXAS HAZARDOUS COMMUNICATION ACT HANDBOOK Table of Contents I. Introduction II. III. IV. Scope and Application Definitions

More information

CHAPTER 25: EMERGENCY RESPONSE COST RECOVERY I. COST RECOVERY PROCEDURES

CHAPTER 25: EMERGENCY RESPONSE COST RECOVERY I. COST RECOVERY PROCEDURES CHAPTER 25: EMERGENCY RESPONSE COST RECOVERY Article I. COST RECOVERY PROCEDURES II.. PUBLIC SAFETY AND FIRE EMERGENCY RESPONSE COST RECOVERY 25-1 Clio - Emergency Response Cost Recovery 25-2 Section 25.101

More information

1. PRODUCT AND COMPANY IDENTIFICATION

1. PRODUCT AND COMPANY IDENTIFICATION Safety Data Sheet Revision Date: 9/13/2014 SDS #: SDS-10226-01 1. PRODUCT AND COMPANY IDENTIFICATION Product Description: Hazardous Reagent None Product Code 51-17-02 51-17-01 51-17-04 51-17-03 Hazardous

More information

Office of Advocacy. Occupational Safety and Health Administration's (OSHA) Draft Proposed Safety and Health Program Rule 29 CFR 1900.

Office of Advocacy. Occupational Safety and Health Administration's (OSHA) Draft Proposed Safety and Health Program Rule 29 CFR 1900. Office of Advocacy Occupational Safety and Health Administration's (OSHA) Draft Proposed Safety and Health Program Rule CONTENTS (a) Scope (b) Basic obligation (c) Management leadership and employee participation

More information

SARA Title III Program General Information

SARA Title III Program General Information Virginia Department of Environmental Quality (DEQ) From http://www.deq.virginia.gov/sara3 SARA Title III Program General Information The provisions from the Superfund Amendments and Reauthorization Act

More information

Employee accident claims how are we doing?

Employee accident claims how are we doing? Employee accident claims how are we doing? Norma Shippin Clinical Negligence and Other Risks Scheme - CNORIS The Scheme was launched on 1 April 2000 Membership - mandatory for Boards Clinical and non-clinical

More information

Accountability Report Card Summary 2013 Massachusetts

Accountability Report Card Summary 2013 Massachusetts Accountability Report Card Summary 2013 Massachusetts Massachusetts has a relatively good state whistleblower law: Scoring 64 out of a possible 100 points; and Ranking 11 th out of 51 (50 states and the

More information

Environmental Health and Safety Management Plan

Environmental Health and Safety Management Plan Introduction In today s highly competitive industry, the advancement of technology and processes has brought about an increased concern for environmental, health and safety issues facing the business community.

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

INTRODUCTION. Continuing Education Credits. Monday, October 14, 2013

INTRODUCTION. Continuing Education Credits. Monday, October 14, 2013 How Employers Can Prepare for More OSHA Whistleblower Investigations October 14, 2013 8:00-8:50 AM Following this session, you will be able to: Identify changes made to OSHA's whistleblower program policy,

More information

Main Drain Opener Safety Data Sheet

Main Drain Opener Safety Data Sheet SECTION 1: Product and company identification Product name : Main Drain Opener Use of the substance/mixture : Drain opener Product code : 0253 Company : Ecoworks 47 Heisser Court Farmingdale, NY 11735

More information

The Company Safety and Health Plan. The Company Safety and Health Plan. Contents. Employer / Instructor Notes:

The Company Safety and Health Plan. The Company Safety and Health Plan. Contents. Employer / Instructor Notes: Contents Quiz Employer / Instructor Notes: 1. Review and the Quiz (prior to conducting training) 2. Ask employees to read your Company Safety and Health Plan (Employee Workbook) 3. Hold open discussion

More information

Independent Contractor Policy

Independent Contractor Policy Independent Contractor Policy This Policy has been implemented to prevent accidents and personal injuries. It is not intended to be entirely inclusive. It is the responsibility of the Independent Contractor

More information

Terms and Conditions for Purchase Orders for Recycling Materials

Terms and Conditions for Purchase Orders for Recycling Materials Terms and Conditions for Purchase Orders for Recycling Materials This Agreement is made by and between AEROJET-GENERAL CORPORATION, an Ohio corporation with a place of business at Rancho Cordova, California

More information

Implementing Occupational Health & Safety in Schools and District Worksites

Implementing Occupational Health & Safety in Schools and District Worksites Implementing Occupational Health & Safety in Schools and District Worksites Overview... 2.1 Getting Started (Establishing Due Diligence)... 2.1 How to Use This Manual... 2.1 Responsibility of the Principal

More information

CAS NO. A. 7664-93-9 >94.19 % WT >94.19 % VOL SARA 313 NO

CAS NO. A. 7664-93-9 >94.19 % WT >94.19 % VOL SARA 313 NO SECTION 1: PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: FLOWEASY DRAIN CLEANER SYNONYMS: N/A PRODUCT CODES: HTL-FE16, HTL-FE20, HTL-FE32, HTL-FE64, HTL-FE128 MANUFACTURER: Hi-Tec Laboratories DIVISION:

More information

Model Safety Program

Model Safety Program Model Safety Program DATE: SUBJECT: Fire Extinguisher Program REGULATORY STANDARD: OSHA 29 CFR 1910.157 NFPA 10 RESPONSIBILITY: The company Safety Officer is. He/she is solely responsible for all facets

More information

MATERIAL SAFETY DATA SHEET

MATERIAL SAFETY DATA SHEET MATERIAL SAFETY DATA SHEET SECTION 1 -- CHEMICAL PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME Sav-A-Hoof Protectant PRODUCT CODE 309 ISSUE DATE 11/15/14 EMERGENCY TELEPHONE NUMBERS DISTRIBUTOR SBS EQUINE

More information

OSHA Compliance Checklist ASC

OSHA Compliance Checklist ASC OSHA Compliance Checklist ASC Date Inspectors Facility OSHA is the agency responsible for establishing and enforcing standards that will make the workplace safe and healthful for the employees. The way

More information

SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case

SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case If you are employed in the train industry, you should be aware of what to do should you become injured

More information

SAFETY AND HEALTH PROGRAM

SAFETY AND HEALTH PROGRAM PROGRAM NUMBER NO. PAGES 05-005 10 REVISION ISSUE DATE Revision 2 11/1/2005 SAFETY AND HEALTH PROGRAM Confined Space Entry 1.0 INTRODUCTION Confined Space Entry is a serious workplace hazard, capable of

More information