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Avoiding legal and regulatory pitfalls in digital transformation projects
This article first appeared in the September 2024 issue of Financier Worldwide.
United States | Publication | May 2022
We have warned for several years of federal and state Occupational Safety and Health Administration (OSHA) investigations potentially resulting in criminal exposure for employers who are claimed to have willfully violated workplace health and safety standards. Now, a federal grand jury has indicted the operator and management personnel of a Wisconsin corn mill where a May 2017 explosion killed five workers and injured many more. The indictments include two counts relating to willful violations of OSHA grain-handling standards.
In particular, the grand jury charged the managers with document falsifications prior to and obstruction of the OSHA investigation of the incident, including:
The cautionary tale is plain—the cover-up is usually worse than the offense itself. Employers and facility owners and operators with responsibility for OSHA compliance must ensure they (1) have appropriate written policies and procedures in place to identify and reduce, eliminate and/or meaningfully address workplace hazards; (2) ensure workers are adequately and routinely trained concerning those hazards and their avoidance, as well as safe work practices for the various tasks in which they must engage; (3) conduct attorney-directed internal investigations of OSHA-reportable incidents to ensure work product protection applies to the conduct of those efforts and (4) engage forthrightly with OSHA when incidents occur that could subject the company to citations.
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This article first appeared in the September 2024 issue of Financier Worldwide.
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The Digital Markets, Competition and Consumers Act (DMCC Act) received Royal Assent on 24 May 2024 and is generally expected to come into force in autumn this year.
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On 26 July 2024, the People’s Bank of China (PBOC) and the State Administration of Foreign Exchange (SAFE) jointly released revised rules in respect of the investments into China’s financial market through the Qualified Foreign Institutional Investor and Renminbi Qualified Foreign Institutional Investor (collectively, QFII) regime (the New Rules).
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