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Mark Farley Comments on DOJ's Worker Enforcement Initiative at ABA Conference

Firm News | October 26, 2016

Mark Farley, co-head of the Environmental and Workplace Safety practice, was featured in Inside OSHA's coverage of the American Bar Association Environmental and Workplace Safety Criminal Enforcement Conference in Washington, DC on October 26. Featuring Assistant Attorney General John Cruden, the conference addressed how prosecutors are implementing a recent policy to impose stiffer penalties for workplace violations. Mark noted that the worker enforcement initiative might slow the Chemical Safety Board's (CSB's) efforts to collect incident data for preventing future accidents. He stated, "As soon as [companies] start pulling in individual counsel then the information flow to CSB is going to stop. You won't allow [a client] to sit for that interview until you know what their exposure is. That leads to a huge time delay." He added that both the CSB's and US Department of Justice's efforts are aligned—promoting a culture of safety and the need for internal environmental management systems (EMS) policies—stating, "What is driving this focus on major accidents and leading toward the increasing criminalization of these accidents is that CSB is speaking a language that prosecutors really understand." ("DOJ Eying Companies' Management Systems to Bolster Worker Safety," October 26, 2016)

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