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PDC 2 - Legal Issues and Exposures in Your IH Practice

Enterprise​​ Risk Management and Risk Assessment​​ Track

Advanced | Credits: 8 CM Credit Hours 

Saturday, October 28 | 8:00 AM – 5:00 PM | Limit 40


Description

While you are watching out for the health and safety of your organization and its personnel, do you ever wonder if you are being exposed to legal liability? Do you ever wonder about what might happen to your employer if you or your staff were to make a mistake, or perhaps intentionally take an action that leads to unexpected consequences? Even if you don't make mistakes and consistently perform within compliance guidelines, legal liabilities may still arise. Litigation of disputes is commonplace and your best defense is being aware of this risk. In the last decad​e we have experienced an increasing trend toward criminal liability after accidents or egregious EHS failures. In this seminar, you will learn how to identify and assess legal risks and protect yourself. Using recent real life EHS examples, you will learn civil and criminal liabilities that a practicing EHS professional may find in the normal course of their practice.

*Registration includes boxed lunch.

Value Added

Each participant will receive information on the potential legal risks and hazards to themselves and their company while achieving their industrial hygiene goals of reducing or controlling the risks and hazards to others.

Course Outline

  • Introduction and Concepts of Legal Liabilities/Issues
  • Civil Liability: Torts 
  • Civil Liability: Contracts 
  • Regulatory Liability
  • Criminal Liability
  • Other Liabilities 
  • Liability Protections

Learning Outcomes

Upon completion, participants will be able to:

  • Recognize and assess the various liability exposures of a practicing EHS professional.
  • Prepare for the civil and criminal liabilities that are encountered in the workplace.
  • Address the potential liabilities and misperception of unethical practices related to your certifications.

Transfer of Knowledge

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

  • Group activities
  • Hands-on demonstrations and practicum​​​​​
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 Instructor

 
Name and Bio


Neil Feldscher, Esq., CIH, CSP, Chief, EH&S Programs, New York City Department of Environmental Protection, Corona, NY.

Neil Feldscher is the 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 and has recently led the development and implementation of an EHS (ISO 14001/ANSI Z-10) Management System for BEDC. He additionally assists in the development of DEP policies and procedures for EHS issues. After Super Storm Sandy Mr. Feldscher served as the EHS technical lead for the New York City Rapid Repairs public works program which provided temporary repairs to more than 15,000 homes, served on the Deputy Mayor Super Storm Sandy After-Action Review Committee and assisted with hazard and risk communication to the public. He currently serves as the EHS Technical Manager for the NYC Build it Back public works program aimed at providing repairs to more than 12,000 homes. 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. A Certified Industrial Hygienist and Certified Safety Professional, Mr. 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 has recently been honored by selection onto the AIHA Distinguished Lecturers’ List. He 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. Mr. Feldscher is a former chair of the AIHA Law Committee and was the chair of the former Legal Branch of the ASSE. Mr. Feldscher received his BS from the University of Delaware and his JD from Fordham University, where he was an Editor of the Corporate and Financial Law Journal.​