Health and Safety Law
Health and safety laws exist to protect the health, welfare, and safety of the public in general. Certain sections of the population such as employees are protected under health and safety laws.
In general, a civil law system exists that will cover most medical and safety laws.
The Occupational Safety and Health (OSH) Act was put in place to “assure safe and healthful working conditions for working men and women.”
The OSH Act is the basis of the Occupational Safety and Health Administration (OSHA) at the federal level and provided that states operate their own safety and health programs as long as those programs were at least as effective as the federal level programs.
OSHA primarily handles the enforcement and administration of the OSH Act in states under federal jurisdiction. In states under federal jurisdiction, the safety and health standards pertaining to field sanitation are enforced by the US Department of Labor’s Wage and Hour Division (WHD).
The responsibility for the administration and enforcement of the laws instated to protect the safety and health of workers in the US lies with three Department of Labor (DOL) agencies.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
Occupational Safety and Health Administration
- OSHA implements the Occupational Safety and Health (OSH) Act.
- In most private industries, safety and health conditions are governed by OSHA or OSHA-approved state plans.
- Almost every employee in the country comes under the jurisdiction of OSHA. Some exceptions are transportation workers, miners, the self-employed, and many public employees.
- Employers who are subject to the OSH Act also have a general duty to provide their employees with work and a workplace that is free of serious, recognized hazards.
- Additionally, OSHA administers the Whistleblower Protection program that ensures that an employer cannot retaliate by taking “adverse action” against employees who report safety concerns, injuries, or other protected activities.
Mine Safety and Health Administration
- DOL’s MSHA holds the responsibility for the administration and enforcement of the Mine Safety and Health Act of 1977. This Act protects the safety and health of workers engaged in the country’s mines.
- The Act is applicable to all mineral processing and mining operations in the US, irrespective of size, method of extraction, or number of employees.
The Fair Labor Standards Act
- FLSA comprises rulers pertaining to the employment of young workers (below the age of 18 years) and is enforced and administered by DOL’s Wage and Hour Division. This Act intends to protect the health and safety of youth in the US. The FLSA contains minimum age requirements for employment, limitations on the times of the day young employees may work, and the jobs that they may undertake.
Other Resources
- Office of Worker’s Compensation Programs: This agency administers four significant disability compensation programs which offer medical treatment, wage replacement benefits, vocational rehabilitation, and other benefits to some workers or their dependents who experience work-related injury or occupation-related health conditions.
- Office of the Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD) and the SHARE initiative also play a part in the administration of DOL workplace and health programs.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
Food and Drug Administration (FDA) law regulates the sale and manufacturing of food, cosmetics, and drugs in the US. FDA law aims to ensure food and drugs are safe for consumption by the public and offer consumers accurate info on a product’s contents enabling them to make rational choices.
Moreover, FDA law regulates how food and drugs manufacturers can profit from their products in a manner that is fair to the corporation as well as to the public.
Skilled and knowledgeable lawyers at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.
What is the FDA?
The FDA is a government body that oversees the creation, implementation, and enforcement of laws pertaining to the sale and marketing of food and drugs. It monitors a vast range of products such as:
- Drugs
- Medical devices
- Vaccines
- Blood safety
- Biological products
- Food
- Tobacco
- Cosmetics
- Devices that emit radiation
- Animal and veterinary products
Challenging FDA Regulations
The FDA, as well as product manufacturers, can go to the courts to challenge and enforce FDA stipulations. A vital body of work for attorneys who work in the area of FDA law is litigation that defines, challenges, and interprets these laws. In general, courts define FDA regulations narrowly.
Policy Making
Attorneys practicing FDA law for the US Department of Agriculture or the Food and Drug Administration will need to grapple with a significant number of policymaking questions. They must create a balance between excessive regulations that can prevent a necessary drug from reaching the market promptly with the task of ensuring that a medication is safe for public use.
For instance, in the 1990s, various policy groups and individuals were concerned that an inordinate number of AIDS patients were losing their lives prematurely as the FDA refused to give approval to potentially lifesaving medications for the treatment of AIDS and AIDS-related complications.
Attorneys working with the government routinely need to make judgment calls on policies and courses of action related to the release of foods or medications for public use.
Recent Changes and the Opioid Epidemic
FDA regulations change as companies continually invent and market new drugs. The FDA made a landmark decision in 2017 when it asked Endo Pharmaceuticals to recall an opioid drug from the market due to the issue of drug abuse. This action marked the first instance of the FDA asking a drug manufacturer to remove a drug from the market due to abuse.
Conflicts between Federal Law and State Policies
FDA law attorneys frequently need to navigate issues between federal regulations and state policies. A lawyer may help a client to navigate these conflicts.
For instance, many states have regulations and policies on marijuana that are more tolerant than federal law. A state may go to a court to clarify, narrow, or try to negate an FDA regulation or decision.
Capable and proven legal counselors at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney
The San Bernardino County Superior Court granted a motion, made on behalf of the City of Needles (Plaintiff) for a temporary restraining order against an occupant of a home in Needles (Defendant) who had been operating an illegal marijuana cultivation facility. Slovak Baron Empey Murphy and Pinkney LLP (SBEMP) represented Plaintiff.
After executing an administrative warrant at the property, the City found the illegal operation and counted 1,600 marijuana plants on the property. The City and the State both have comprehensive rules regarding marijuana cultivation, continually violated by the Defendant.
Despite the City’s issuance of a Notice of Violation, the Defendant continued the operation of the unlawful marijuana cultivation.
SBEMP argued the City is entitled to temporary injunctive relief under Civil Code sections 3491 and 3494, which authorize the abatement of a public nuisance through injunctive relief, and Health and Safety Code section 11573.
The Court found that the property constituted a nuisance pursuant to Health and Safety Code section 11570 and issued a temporary restraining order.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney
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What Does Incompatible Office Mean?
Many people understand that a conflict of interest means a public official needs to step down from being involved in a zoning board review or a planning commission case. The term incompatible office, however, is something entirely different.
State codes that prohibit public officials and public staff from making public contracts during which they exhibit a monetary interest is notoriously obscure, broad, and often malleable. Many states create laws for non-appointed and appointed officials discouraging all staff and representatives from having a vested interest in any contract created by them in their official capability. However, state courts and politics have taken these terms loosely, creating hazardous straightforward violations to certain statutes sometimes while not even knowing it.
If a customer presents a query concerning the pursuit of a zone change, our municipal lawyers are experienced and can help our clientele in this service, in addition to a wide range of other civil legal issues. In San Diego, for any use of property, known as land use, zoning regulations have been given in detail in a governmental policy document known as the San Diego Municipal Code.
From questions regarding the conduct of public meetings to complicated issues involving litigation protection, SBEMP’s Palm Springs Municipal and Public Agency attorneys help with compliance and competitive bidding processes for contracts. Rely upon our years of expertise to supply public entities with high caliber, efficient and dependable representation of the unique legal requirements and interests.
Often times, municipal litigation involves precise zoning laws in a specific counties, towns, and cities. However, these type of lawsuits can also be brought about on behalf of law enforcement agencies, government entities, and schools. (more…)