Law and the IH: Overview of Legal Aspects

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Intermediate|Competent
Monday, October 28, 2019
8:00 AM - 5:00 PM
CM Credit Hours: 7

Topic

Consulting, Legal Issues

Description

Industrial hygiene, like much of the Environmental Health & Safety field, is inextricably tied to the legal system. From its core as a statutory/regulatory driven industry to the ever-present concern regarding litigation arising from an injury, exposure, or accident, it is difficult to escape the constant ties back to the legal system. This introduction to the legal interactions with industrial hygiene will provide an overview of the gamut of potential interactions.

*Registration includes breakfast & boxed luncheon.

**Please note: power strips will not be provided at each attendee's seat; however, charging stations for laptops will be provided in each course room.

Prerequisites

Familiarity with AIHA’s “Strategy for Assessing and Managing Occupational Exposures”. Experienced in exposure assessments and monitoring data interpretation. 

Value Added

This class will expand your skillset to allow you to recognize the interaction of the legal system with the practice of industrial hygiene and provide a “different” viewpoint for your practice. Enabling you to function in the legal system while also understanding liabilities allows you to expand your field of practice.

Outline

  • Statutes & Regulations
  • Standards of Care
  • Issue Spotting
  • Legal Liabilities & Protections
  • Working in the Legal System, Expert Witnesses, and Litigation

Outcomes

Upon completion, participants will be able to:

  • Recognize the legal background in the practice of EHS and establish a process for spotting legal issues.
  • Discuss and review the various liability exposures of a practicing EHS professional.
  • Be able to recognize and avoid both the civil and criminal liabilities that may be encountered in the workplace.
  • Implement a process/procedure to help protect against the potential liabilities and misperception of unethical practices related to your certifications and credentials.
  • Provide expert witness testimony in accordance with the laws of the U.S. Legal System and its litigation process.
  • Use the rules of civil procedure and evidence to establish the functional framework for your testimony.

Transfer of Knowledge

Instructors will evaluate participants understanding of the materials presented based on:

  • Group activities
  • Practice exercises


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Your Instructor

Neil Feldscher, CIH, CSP, Esq, FAIHA
New York City Department of Environmental Protection, Corona, NY

Neil Feldscher is Chief, Environmental Health & Safety Programs for the Bureau of Engineering Design and Construction (BEDC) of the New York City Department of Environmental Protection (DEP). He is responsible for managing the EHS section for a $14B capital construction program. Additionally, he is an Adjunct Professor at Hunter College, teaching undergraduate and graduate Environmental Public Health courses.

Formerly, as an attorney in the environmental group of the litigation department of a large law firm, he counseled clients on administrative and environmental matters. His practice was concentrated on environmental, health and safety, and construction law. He also provided advice and counsel on the complex issues surrounding the interfaces of bankruptcy, condemnation, and environmental laws. He is admitted to the practice of law in both New Jersey and New York.

Feldscher previously worked as an industrial hygiene, health and safety, and environmental consultant and expert witness. He is an AIHA Fellow and has written and lectured on the aspects of experts and their work in the legal arena, environmental law, ethics, personal liability issues, and the incorporation of EHS into design and construction services. He was honored by selection onto the inaugural AIHA Distinguished Lecturers’ List.

Feldscher served as an editor for the seventh edition of the New Jersey Environmental Law Handbook and was the editor of Legally Speaking, the newsletter of the former Legal Branch of the ASSE Consultant Practice Specialty. He is a former chair of the AIHA Law Committee and was the chair of the former Legal Branch of the ASSE. Feldscher received a BS from the University of Delaware and a JD from Fordham University, where he was an Editor of the Corporate and Financial Law Journal.​