Tag: Supreme Court

CWA Jurisdictional Case goes to the Supreme Court

The U.S. Supreme Court continued its keen interest in the reach of the Clean Water Act (CWA) by agreeing to hear a case about whether a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) constituted a final action by the Corps. The Supreme Court will review a ruling by a panel of […]

WOTUS Stayed!

The Sixth Circuit Court of Appeals (Court) recently issued a stay nationwide against the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from enforcing the revised definition of “waters of the United States” (WOTUS), also known as the Clean Water Rule.

Do You Have a Warrant? The Pros and Cons of Asking

Under the U.S. Supreme Court decision in Marshall v. Barlow’s, Inc., employers have a constitutional right to demand that OSHA obtain a warrant before initiating an inspection. Such a warrant must be based on probable cause—that is, a reasonable basis for the selection of the facility. If OSHA, when faced with a request, fails to […]

How’s Your Safety Culture?

Organizations with strong safety cultures tend to experience low levels of risky behavior and low accident rates, turnover, and absenteeism as well as high productivity. To strengthen your safety culture, here’s a list of suggestions: Give away ownership. In the strongest safety cultures, everyone feels responsible for safety. A worker who notices another worker without […]

Train Employees on Mobile Devices and Cloud Technologies

Many of your employees may be getting new mobile devices as gifts this year. And your organization may also be using more mobile technology in conducting your business. But are you providing enough training on mobile technologies? Today’s Advisor reports on a new infographic, which shows that administrative staffers are not being given the training […]

Are You Communicating for Maximum Value?

How well are you communicating safety? Benchmark these recommendations against your performance and share them with frontline supervisors. Establish a clear-cut, easy, nonthreatening method for employees to make safety suggestions or register safety concerns. This could be a dedicated Web page, a traditional suggestion box, or a mail slot in your office. Act promptly on […]

Can Better Communication Improve Workplace Safety?

Safety professionals focus on actions like training, recordkeeping, monitoring risks, and preparing budgets. An integral part of every action is communication—what you say and how you say it. Most people believe the goal of communication is to pass on information, but in a workplace setting the purpose is more often to achieve a desired action […]

EPA/Corps’ U.S. Waters Guidance Still on Hold

As used in rulemaking, the phrase “waters of the United States” most often refers to waters subject to CWA Section 404 dredge and fill permitting as implemented by the Corps and subject to EPA approval.  But in the draft guidance, the agencies make it clear that the phrase extends to other major programs administered under […]