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Site Map - Legal Issues

Mine Safety

- The law requires that mine operators adopt and maintain an accident response plan for when miners are trapped. Under the law, the plan must include redundant local communications systems, emergency air supplies, escapeways, emergency training, and wireless communications systems to allow contact between trapped miners and officials on the surface.

Port security

- A port security bill (H.R. 4954) was signed into law by President Bush becoming P.L. 109-347. The law requires that the Department of Homeland Security (DHS) develop and implement a strategic plan to enhance maritime security.

Legal Report

- Judicial opinions on negligent hiring and premises liability, and Congress considers bills on bioterror, security guards, and emergency management.

Making Data Breaches Public

- When sensitive consumer information is stolen, the risk of identity theft rises. Many states have notification legislation; but, writes Michael Turner of the Information Policy Institute, federal rules are needed to prevent “patchwork responses.”

Communications

- A bill (A.B. 1848) in California would require that state officials provide an annual report to lawmakers on the state’s interoperable public safety communications network. Existing law says that such as system must be established using federally specified frequencies to ensure that first responders can communicate during an emergency.

Security guards

- Citing the reliance companies have placed in private security officers since 9-11, Rep. Robert Andrews (D-NJ) has introduced a bill (H.R. 5893) that would require employers to obtain a federal criminal records check on all contract and proprietary security guards.

Emergency management

- A bill (H.R. 5351) introduced by Rep. David Reichert (R-WA) would establish a Directorate of Emergency Management within the Department of Homeland Security (DHS). The bill has been approved by the House Homeland Security Committee. However, it is still under consideration in the House Transportation and Infrastructure Committee and the House Energy and Commerce Committee.

Premises Liability

- A club owner may be held liable for failing to protect two patrons who were attacked outside as they left the premises.

Negligent Hiring

- A South Carolina court has ruled that an employer could not be held liable for failure to conduct a background check on an employee who later stole from a company client.

Court Threat

- The Justice Department’s Bureau of Justice Assistance bulletin outlines a ten-step threat management process.

Legal Report

- A man beaten by guards sues the guard provider, Florida passes a law on alarm monitoring, new rules are rolled out on electronic discovery, and more.

New in Plaintext

- Nancy Flynn, in her new book Blog Rules: A Business Guide to Managing Policy, Public Relations, and Legal Issues, doesn’t waste time in getting to the statistics.

Background screening

- A bill (S.B. 2002) would require that all applicants to any North Carolina university undergo a criminal records check. The bill, the first of its kind in the nation, was introduced after two University of North Carolina students were killed by their classmates. Both murderers had lied on their applications and denied having a criminal record to gain admission.
 




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