Sentences with phrase «general duty clause»

Emilee Mooney Scott presented in the session «Hot Topics in Chemical Compliance,» where panelists examined amendments to the Toxic Substances Control Act and the General Duty Clause under EPA's Accidental Release / Risk Management Program, specifically targeting inspections, current strategy, and presenting a good image, among others.

Arguably, an employer could be directed to remedy any deficiency in implementation of the program through an order from the MOL under the general duty clause of the OHSA.

Yet OSHA has not proposed an explicit regulation applicable to workplace violence in health care and instead has relied upon the General Duty Clause when issuing citations.

For instance, workplace violence under federal OSHA is generally citable under the General Duty Clause of the Occupational Safety and Health Act.

Many states, including California, also enforce workplace violence under their own versions of the General Duty Clause.

The session examined amendments to the Toxic Substances Control Act and the General Duty Clause under EPA's Accidental Release / Risk Management Program, specifically targeting inspections, current strategy, and presenting a good image, among others.

This charge was laid under the general duty clause of the Ontario Occupational Health and Safety Act.

In 2015 there was further confirmation that a general duty clause can not displace existing regulatory standards if doing so would hold an employer to a stricter standard.

Ultimately, the court rejected the Crown's arguments and found that the Crown had failed to prove an offence under the general duty clause.

Not exact matches

It said, «[t] he Meredith court distinguished the Bush decision because the Indiana Constitution contained no «adequate provision» clause and no restriction on the mandate to provide a free public school system, and instead contained two distinct duties — «to encourage... moral, intellectual, scientific, and agricultural improvement,» and «to provide... for a general and uniform system of Common Schools.

As reflected in the travaux préparatoires, article XIV was originally drafted in almost identical wording as a second paragraph of the then article X addressing the rights and duties of federal or non-unitary contracting states (now article XI).1390 As drafted at the time, this proposed reciprocity provision did not meet unanimous approval, as some delegations wished to clarify that it would only apply to federal states.1391 It was not until the United Nations Conference on International Commercial Arbitration convened for the preparation and adoption of the Convention that the representative for Norway proposed an amendment for a general reciprocity clause that would stand as a separate article.1392 A majority of the delegates accepted this amendment on the very last day of the Conference.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

This approach can be particularly significant when applying a «general duty» clause that sets out an employer's broad obligation to take reasonable measures to protect workers.

Such clauses are sometimes included in subcontracts and state that a general contractor has no duty to pay a subcontractor until the general contractor has been paid by the owner for the work performed by..., Case Law Alert - 1st Qtr 2011