In June 2016, the National Highway Traffic Safety Administration released a field study on the use of collision avoidance systems in heavy vehicles. The report will help government agencies and transportation companies wanting to stay ahead of the curve in the implementation of more advanced safety features in the trucking industry.
Last August, the National Labor Relations Board released a major decision in a case in involving the waste management company Browning Ferris Industries, more commonly known as BFI. The case sent shockwaves through the business company as it opened the door for a massive increase in potential liability for companies that use contracted labor.
Now, almost a year later, the impact of the Browning Ferris case continues to work its way through various agencies, a process somewhat complicated by the fractured nature of the United States’ regulation of labor standards.
Lots of people these days are talking about cybersecurity. To many people, this conjures images of hackers delving deep into computer code to unearth and exploit systematic weaknesses. The reality is that many of the most successful cyber scams rely not on the weaknesses within a computer system but on the weaknesses of human beings.
The Food and Drug Administration and Department of Agriculture attempts to manage food safety for meat, seafood, and juice through the use of what are known as HACCP - Hazard analysis and critical control points. HACCP has seven principles for implementation: conducting hazard analysis, determining critical control points, and establishing certain standards and procedures based on those hazards and control points. While many food producing companies and those that handle food products are aware of the HACCP requirements it is good to review them periodically. They are outlined below:
On June 21, 2016, the Federal Aviation Administration finally released its final rule regulating the usage of unmanned small aircraft, a.k.a. drones. Most importantly, the rules fully permit the use of drones for commercial purposes such as aerial photography. However, the rules do impose significant restrictions on drone use.
Almost all personal and business automobile insurance policies exclude coverage for losses caused by pollutants. There is an exception in the case of materials necessary for the function of a vehicle- provided those items were leaked or released from somewhere other than their natural storage or use location.
This can lead to a large uninsured loss exposure for companies regularly engaged in the transportation of a wide range of products that can be considered pollutants. Companies unsure of their coverage could face large losses, including civil judgments and large fines, that put the future of the company in jeopardy.
Contractual Liability exclusions have found their way into many different types of insurance policies over the years, and cybersecurity insurance has proven no exception. These exclusions operate to prevent insureds from recovering for losses that result from the insured willingly agreeing to assume a liability or risk in a contract. In the field of cyber insurance, these types of contractual liabilities can take many forms. When companies contract out information technology work, cloud storage, or other data services, they may sign contracts assigning liability to them without realizing it.
On July 11, 2016, the National Labor Relations Board issued its most recent decision further continuing its expansion of joint employer liability. In Miller & Anderson, Inc., the NLRB addressed the issue of employer consent in relation to union formation when the union would involve both sole employees and joint employees. The Board found that where an appropriate community of interest exists between the sole and joint employees, the potential union does not need employer consent.
The Food Safety Modernization Act, passed in 2010 and signed into law in January of 2011, sought to introduce major overhauls in the way the United States government regulated food safety.
Employers face difficult decisions when it comes times to classify borderline workers as employees or as independent contractors. At first, classifying someone as an independent contractor rather than an employee would seem to offer significant advantages. Companies avoid payroll taxes with independent contractors and do not face issues such as unemployment insurance, worker’s compensation insurance, or employee benefits. On the other hand, the penalties for misclassification can be quite severe.