Litigation-I Win, You Lose vs. Mediation-Win/Win

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  Litigation is a zero-sum game.  It destroys relationships and fosters enmity between the parties.  Parties rarely walk away happy.  Even if they win, the expense of litigation is enormous, and collecting on judgments is difficult. Disputes ultimately resolve, but the focus on winning at any cost can lead to prolonged legal battles.  Living with a lawsuit causes ongoing stress, which can distract you from your business and even have an effect on your health. In a courtroom, the final decision lies with a judge or jury who may not fully grasp the complexities of the case. Parties relinquish control over the outcome, potentially leaving them dissatisfied with the final judgment. Mediation has the opposite effect.   Rather than polarizing people, it enables the parties to attack the issues and not each other.     The process promotes open communication, collaboration and problem-solving, which enables parties to actively participate in crafting ...

Seminar with the Division of Occupational Safety-MA Lead Law

Last week I attended a Lead Health Awareness Seminar run by the Division of Occupational Safety,  It dealt with complying with OSHA, the EPA and State Lead Regulations.  I learned a great deal about the requirements of the Occupational Safety and Health Administration as the regulations pertain to lead.  I have more to learn, but here is what I know so far:

1.  Certain activities are trigger activities that trigger the protections required by OSHA.  These protections include using setting up regulated areas, providing respirator masks, hand washing and protective clothing.

2.  Scraping lead paint is one of many trigger activities.

3.  "The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m(3)) averaged over an 8-hour period."

4.  Once a contractor has the work site tested for airborne lead dust, if the amount of lead in the air is less than 30 ug/m(3) (Action Level), then compliance with the OSHA Lead in Construction Standard is not necessary.  A contractor would still have to provide chemical hazard training, hand washing facilities, and proper housekeeping.

5.  However, the requirements of the MA Lead Safe Renovation law still apply.  

More information to follow... 

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