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The document discusses gap analysis and improvement tactics for environmental, health, and safety (EH&S) programs. It outlines how an analysis can identify gaps in areas like waste management, inventory, permits, safety, and emergency response. Common issues include lacking or outdated documentation, reactive approaches, and not fully understanding regulatory requirements. The analysis also considers budget impacts and provides immediate tactics to address issues. Case studies demonstrate how onsite support programs can help organizations improve compliance, prepare for inspections, and benefit from ongoing review and updates to procedures.
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New regulation is produced faster than most in house teams can keep up with it, businesses are expanding into new markets exposing them to novel and often extensive compliance obligations. How do you identify compliance obligations, then manage and monitor compliance effectively? What tools and systems can you deploy to avoid time consuming and reputation damaging breaches. This session will share case studies and examples of systems, approaches, policies, communication methods and tools used in practice to ensure cost effective risk management.
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This document summarizes a presentation on maintenance and environmental acquisition pitfalls. It discusses common pitfalls such as having an unclear understanding of the deal specifics and liability types. It also discusses defining liabilities, quantifying liabilities through due diligence activities like reviewing documentation and site inspections, and challenges with relying on previous assessments. The presentation emphasizes properly scoping assessments, evaluating consultant qualifications, and integrating newly acquired sites after transaction close. Post-transaction priorities include addressing any previously unknown liabilities and developing corrective action plans.
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The document provides an overview of conducting a feasibility study for a proposed car cleaning service called "Car Care" located in Gujrat City. It discusses key factors like market assessment, demand estimation, and financial projections. A feasibility study determines if an idea is viable by analyzing its market potential, technical and operational requirements, financials, and other factors. The document outlines Car Care's proposed services, location, legal considerations, target customer segmentation, current demand gap in the market, and projected first year demand of over 319,500 cleanings.
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James can be reached at 877-486-9257 for questions, customized training, and air quality permitting and compliance support.
Ginger Goodin, director of TTI's Transportation Policy Research Center, gave this presentation at the 2016 Smart Transport Symposium in Austin, Texas. The presentation is a status report on the active NCHRP research project. For more details on the project visit: http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=3934
This was part of a workshop on developing policy held in the Middle East in 2011 - the workshop looked at the issues that need to be considered within public and organisational policy to address the needs of people with a disability
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Registry Best Practices Workshop
Website : http://www.dnsec.eg/
Facebook : https://www.facebook.com/dns.entrepreneurship.center
Twitter :- https://twitter.com/DNS_EC
Presentation 4.2 Procurement and integrity pactsjohnabutterworth
This document discusses corruption in procurement processes for water and sanitation projects. It provides examples of corruption that occurred with the Lesotho Highlands Water Project, including bribery in contract awarding. Procurement is identified as being at high risk for corruption due to factors like its size, complexity, and competition. The document outlines stages in procurement where corruption risks are highest and provides some best practices to reduce corruption, including integrity pacts where bidders and governments pledge not to engage in bribery.
This document discusses key resources, activities, and costs for a business. It identifies four critical resources as physical, financial, human, and intellectual resources. Physical resources include office space, equipment, and inventory. Financial resources include funding from friends/family, grants, and investors. Human resources include employees and advisors/mentors/coaches. Intellectual property includes trademarks, copyrights, patents, and trade secrets. Key activities and costs will depend on the business and industry. Examples are provided for a medical device startup and a company pursuing robotic agriculture.
Environmental Due Diligence Strategy for Petroleum Marketing TransactionsAntea Group
Presented at the 2017 SIGMA Share Groups Meeting, this presentation outlines the phases of the due diligence process, from pre-planning to post-transaction. This was presented in an oil & gas context but is helpful for other fields as well.
Nancy King, IDEM, Hala Kuss, IDEM, Valerie Tachtiris, IDEM, Indiana Departmen...Kevin Perry
This document summarizes a presentation given at the Midwest Environmental Compliance Conference on October 29-30, 2015 in Chicago, Illinois. The presentation provided an overview of the Indiana Department of Environmental Management's (IDEM) rules update, Compliance and Technical Assistance Program (CTAP) services, self-disclosure policy, and how the self-disclosure policy applies to Title V permit sources. Key points included how CTAP provides confidential assistance to help entities achieve compliance, the conditions to qualify for penalty relief under IDEM's self-disclosure policy, and limitations on Title V sources' ability to utilize the self-disclosure policy due to mandatory monitoring and reporting requirements.
Tender writing can be a complex issue for many business owners. Infodec Communications was engaged to provide information about the tender process and provide tips to writing a successful tender by the Sutherland Shire Council. The information in the presentation provides advice about tender writing for all levels of government.
BALDVIN BJÖRN HARALDSSON, BBA LEGAL
IGC 2018 - Breaking the Barriers
The 4th Iceland Geothermal Conference will be hosted in Iceland in April 2018. The conference offers an in-depth discussion of the barriers that hinder development of the geothermal sector and how to overcome them. It also focuses on the business environment through three separate themes: vision, development, and operations. Having established itself as an important regular conference of the international community, IGC 2018 brought together more than 600 participants from 40 countries from around the world.
The 4th Iceland Geothermal Conference will be hosted in Iceland in April 2018. The conference offers an in-depth discussion of the barriers that hinder development of the geothermal sector and how to overcome them.
Clear Air Zones – What are Local Authorities Proposing? - Nigel BellamyIES / IAQM
The document summarizes progress on Clean Air Zones in the UK. It outlines that the UK has been in breach of legal limits for nitrogen dioxide and discusses the need for immediate action to improve air quality and health. It defines Clean Air Zones as areas with restrictions on certain vehicles to encourage cleaner vehicles. Authorities need to develop local plans with measures to achieve compliance, which requires modeling emissions and impacts. Options being considered by authorities include charges for different vehicle types in Clean Air Zones of varying sizes and stringency. Authorities are at different stages with some publishing initial plans focusing on buses, taxis, HGVs or LGVs. The overall progress aims to achieve compliance with legal limits as soon as possible to reduce human exposure
The document discusses gap analysis and improvement tactics for environmental, health, and safety (EH&S) programs. It outlines how an analysis can identify gaps in areas like waste management, inventory, permits, safety, and emergency response. Common issues include lacking or outdated documentation, reactive approaches, and not fully understanding regulatory requirements. The analysis also considers budget impacts and provides immediate tactics to address issues. Case studies demonstrate how onsite support programs can help organizations improve compliance, prepare for inspections, and benefit from ongoing review and updates to procedures.
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5. Mission
The mission of ADA is to ensure:
…people with disabilities should be able to arrive on the site,
approach the building or facility and its amenities, and enter as freely
as everyone else.*
*Per Department of Justice (DOJ)
About EMG
6. Regulatory Background
• Enacted in 1990 as a Federal Civil Rights Law (28 CFR
Part 36)
• ADA Accessibility Guidelines (ADAAG) published in
1991 (revised 2004)
• State Accessibility Standards – may be more stringent
than Federal requirements but not less
• Local Accessibility Standards – may be more stringent
than State or Federal requirements but not less
About EMG
7. 2010 ADA Standards for Accessible Design
• Public accommodations and commercial
facilities obligated to follow the 2010
Standards
• Responsible for performing self-assessments
• ImplementTransition Plans
About EMG
• RevisedTitle III of the ADA published on September 15, 2010
• ADA 2010 Standards became enforceable on March 15, 2012
8. Intrinsic Benefits
• Curb ramps strollers and bulky item navigation
• Better ergonomics of building components
• Audible tones for traffic signal, elevators
• Visual strobes for fire alarm systems
• Reduce trip hazard at flooring and doorways
• Improved identification and directional signage
• Limit protrusion/obstacle in corridors and hallways
9. Trends for Non-Compliance
• Dramatic increase in litigation
• Approximately 4,000 accessibility suits filed in 2014
(25% over 2013)
• Increase in “serial” plaintiffs and activist attorneys
• Evolving regulatory/political climate
– Compliance “sweeps”
– High-profile “example” cases
About EMG
10. Risks of Non-Compliance
• Reputational and Brand Risk impacts
• Financial impact
– Punitive and Actual Damages
– Legal fees
– Design and consulting fees
• Time frame to comply is mandated
• Loss of control of process and timeline
11. Typical Hot Buttons
Hospitality
• Parking and path of travel
• Accessible routes
• Common area
• Accessible guest rooms
• Auxiliary aids and Service
• Accommodation of service
animals
• Amenities and swimming pools
• Accessible restrooms
• Food service / restaurants
Retail
Landlord typically responsible for:
• Accessible van parking
• Accessible car parking
• Accessible routes (paths of travel and
building entry to tenant door)
• Common area public restrooms
• Access to all other landlord-
controlled public amenities
Tenant typically responsible for:
• Accessible entrances, exits and paths
of travel in tenant space
• Public restrooms
• Accessible point(s) of sale and
countertops
About EMG
13. Proactive Approach
• Two-way conversation based on documented plan
• Documented policy establishes good faith efforts to comply
• Transition Plan facilitates removal of barriers in accordance
withYOUR priorities
• Reduced legal costs
• Control annual budget costs
• Control Transition Plan timeline
About EMG
14. Reactive Approach
• Typically a one-way conversation, e.g. mandated solution
• D.O.J. / A.G. investigation will result in THEM setting the
scope and timing of the compliance action
• A complaint is likely a question of “when,” not “if”
• Increased legal fees and consulting fees due to imposed
timelines
• Costs may include the repairs AND civil penalties and
plaintiff’s legal fees
• No ability to control barriers, schedule, or budget
About EMG
15. Which Approach to Choose?
• Proactive
– Good faith effort
– More control
– Reduce risk of exposure
• Reactive
– Only fix what you have to
– Run the risk of exposure at your other sites
– Legal fees may be higher
• Consult your corporate legal team
• Seek technical advice
17. Components of ADA Plan
1. Develop a corporate policy regarding accessibility
2. Define the regulatory landscape of your portfolio
a. Legal counsel is a key part of this step
b. What ADA Law and other applicable regulations apply
c. Landlord vs.Tenant responsibility
3. Perform a self-assessment
4. Prioritize findings related to barriers
5. Draft aTransition Plan (aka Barrier Removal Plan)
6. DevelopTransition Plan costs / budget
7. Implement plan
8. Execute plan
9. Document progress
About EMG
18. Establish a Corporate Proactive ADA Policy
[The Company] recognizes that it is unlawful to discriminate
against customers of its hotels because of a disability. As such, it
is the policy of [the Company] to comply with the Americans
with Disabilities Act ("ADA") and all applicable federal, state,
and local laws, so that the properties owned and operated by
[the Company] are accessible to people with disabilities within
the meaning of the law.
In support of this policy [the Company] has developed a
Transition Plan / Barrier Removal Plan based on a
Self-Assessment.
About EMG
in conjunction with your legal counsel
19. Key Elements of Self-Assessment
• Training and accessibility awareness
• Document review
– Site/plan review
– Lease agreements
– Landlord/tenant delineation maps, etc.
• Site walk-through and survey form
• Site-specific measurements and data gathering
• Documentation photos, reports, cost estimating
• Ongoing verification, monitoring, calibration
About EMG
20. Prioritize Findings of Self-Assessment
Example of Barrier Priorities:
Priority One - Accessible Parking and Loading Zones
PriorityTwo - Accessible Routes: Ramps, Curb Ramps, Doors
PriorityThree - Restrooms, Stairways, Lifts and Elevators
Priority Four - All other owner-controlled public amenities
About EMG
21. Getting Buy-in for your Strategy
Quantify the Risk of Exposure or Inaction
• Test locations/sample size
• Understand most visible areas
• High level budgeting
• Establish reasonable timeframe
22. Getting Buy-in for your Strategy
• What if you take no action?
– Historic Data
– IndustryTrends
• Needs to Be objective and quantifiable
– Develop a documented ADA Plan
24. Case Study #1
Ground-Up Construction – Proactive
Situation
• Client wanted to understand the current deficiencies and
develop a plan to fix during the prototype/construction of
all new-build locations
Approach
• Stand-alone new construction – on every new location
• Compliance visit post construction
Outcome
• Client has identified and changed several prototype items
in an effort to become more accessible
About EMG
25. Case Study #2:
National Hotel - Proactive
Situation
• Concern over 2010 ADA regulation updates
• Goal: Which properties were deficient, and in what ways?
• Properties ranged from 100 - 1,200+ rooms
Approach
• Surveyed parking lots, guest rooms, multiple pools, bars,
restaurants, restrooms, and all paths of travel
Outcome
• Reports allowed Board of Directors to proactively plan for
needed capital 12 - 24 months out
About EMG
26. Case Study #3:
National Retailer - Reactive
Situation
• DOJ Settlement
• Required 5 year compliance program
• 49 states
Approach
• Pre-determined “list” of compliance requirements (vs. site by site)
• Survey – then remedy within 12 months of survey
• “Firm” list of corrections at each location
• Audit and Documentation Procedures
Outcome
• Will be fully compliant by mid-2016
About EMG
27. Case Study #4:
National Restaurant Operator - Reactive
Situation
• Litigations at fewer than 10 sites
• Potential to be expensive and class action
Approach
• Developed SOW for exterior remediation
Outcome
• Now a national proactive program at remaining locations
• Over 5 years
• Developing Policy & Procedures
• Planned Capital Spend
About EMG
28. Key Takeaways
• Awareness and risk are growing
• Complex but manageable regulation
• Develop a documented strategy and be
consistent
• Strategy should be based on legal and
technical guidance
About EMG
29. Additional Resources
U.S.Access Board
http://www.access-board.gov/
Dept. of Justice (DOJ)
http://www.ada.gov/2010ADAstandards_index.htm
ADA National Network (10 Regional Centers)
http://adata.org/contact-us
ADA Checklist for Existing Facilities
http://www.adachecklist.org/doc/fullchecklist/ada-checklist.pdf
About EMG
30. About EMG
ThankYou!
For questions, contact:
Ron Stupi
Principal
rstupi@qpmllc.com
Ph. 602-758-4790
www.qpmllc.com
Aliza Stern
Principal
astern@emgcorp.com
Ph. 800-733-0660 x7610
www.emgcorp.com