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health & safety

Practices

Environmental, Health & Safety Management

Companies that proactively manage their environmental programs are more likely to avoid enforcement actions and costly penalties. We help clients achieve or maintain compliance and mitigate risk by developing efficient, proactive environmental, health, and safety (EHS) management systems, corporate compliance policies, and comprehensive training programs. Our environmental lawyers also assist clients with creating and overseeing internal EHS audit programs that include corrective action plans to remedy audit findings.

Even companies with low environmental liability risk profiles may face enforcement actions – including potential criminal liability – when employee errors or accidents occur. We help develop audit protocols, retain and oversee environmental consultants, and craft strategies to address potential noncompliance, including the self-disclosure of audit findings to obtain penalty immunity under the U.S. EPA Self-Policing Policy and similar state laws, regulations, and policies.

We also assist companies with developing processes that are protected by attorney-client privilege and can significantly reduce the chances of incurring penalties when an agency conducts an inspection. This proactive approach often results in significant savings for our clients.

We have drafted plans and protocols and provided advice concerning:

  • EHS codes of conduct
  • EHS management systems
  • Corporate compliance audit programs (internal and external)
  • Corporate assessment and remediation programs (e.g., closure, decommissioning, cleanup, or sale)
  • Regulatory inspection and search protocols
  • EHS incident reporting and investigation protocols
  • EPCRA compliance programs
  • EHS cost and liability reporting systems
  • Training programs
  • Employee reporting mechanisms (e.g., hotlines)
  • Carbon management programs
  • Industrial hygiene monitoring programs
  • EHS recordkeeping policies

We also represent clients in making self-disclosures pursuant to federal and state environmental audit policies of violations discovered via company audit programs.