Monday, June 29, 2009
Informational/Marketing Bulletins

The fire damage restoration and mold remediation series have color photos and graphics to illustrate the information. Once the mold remediation series has been completed the water damage series as shown in the above example will be revised to also have color photos and graphics. This will expand this series from the current fifteen bulletins.
The following article is from the "Safety News Alert" newsletter from BLR (http://www.blr.com). Each year, more than 2,000 workers are treated in burn centers with severe arc flash injuries. The cost of treatment per injured worker can exceed $1 million, not counting litigation fees, insurance increases, and the costs of accident investigations and possible penalties.
Arc Flash Defined and Related Effects
An arc flash is a short circuit through the air. In an arc flash incident, an enormous amount of concentrated radiant energy explodes outward from electrical equipment, creating:
- Pressure waves that can damage hearing, fracture ribs, collapse lungs, and knock a person off a ladder or blow a worker across a room.
- Pressure waves that can send loose material like pieces of damaged equipment, tools, and other objects flying through the air at speeds in excess of 700 miles per hour.
- A high-intensity flash that can damage eyesight and leave a worker blind.
- A superheated ball of gas with temperatures in excess of 35,000° Fahrenheit that can ignite clothing and cause serious burns over much of the body.
Frequency of Occurrence
Five to 10 arc flash explosions occur in electrical equipment every day in the United States. Exposure to an arc flash frequently results in multiple injuries of a very serious nature and, in some cases, immediate or eventual death.
Employees can be injured by an arc flash even if they don't touch anything. Workers have been injured even when they were 10 feet away from the arc center! What's more, electrical arc flash hazards are not found only where high-voltage sources are present. In fact, locations consisting of many low voltage equipment sources account for the most arc flash incidents.
Safety Standards
Because of the serious risks associated with arc flash, safety standards have been established to protect workers. These include:
- OSHA regulations require the use of safety signs, symbols, or accident prevention tags to warn employees about electrical hazards that may place them in danger.
- National Fire Protection Association (NFPA) standards recommend that employers perform an arc flash hazard analysis before allowing employees to work on energized equipment. <>NFPA standards also recommend personal protective equipment (PPE) and protective clothing to keep workers safe.
- >NFPA standards address the issue of safe flash protection boundaries designed to restrict entry into areas where flash hazards exist.
- Standard 1584, Guide for Performing Arc Flash Hazard Calculations, published by the Institute of Electrical and Electronic Engineers (IEEE), helps you calculate the hazards of arc flash in different types of equipment in various power systems.
Flash Protection Boundary
The flash protection boundary is the distance from the source within which the potential heat energy generated by an arc flash could cause a second-degree burn.
According to NFPA standards:
- The limited approach boundary may not be crossed by "unqualified" people unless accompanied by a "qualified" employee.
- The restricted approach boundary is the area near the exposed live parts and may be crossed only by "qualified" personnel using appropriate shock prevention techniques and equipment.
- The prohibited approach boundary is the area near exposed live parts that may be crossed only by "qualified" personnel using the same protection as if direct contact with live parts is planned.
Labels: Electrical, employees, Safety Compliance, Training
Thursday, June 18, 2009
Performing Interstate Work

From Wikipedia
In the US, a registered agent is a business or individual designated to receive service of process (SOP) when a business entity is a party in a legal action such as a lawsuit or summons. [1] In some states the agent is also referred to as a resident agent [2] or statutory agent, [3] but most states have changed their statutes and now call this function "registered agent" [4]. The registered agent for a business entity may be an individual member of the company, or (more often) a third party, such as the organization's lawyer or a service company. Failure to properly maintain a registered agent can affect a company negatively. [1]
Most jurisdictions in the United States require that any business entity that is formed or doing business within their borders designate and maintain a "Registered Agent". [5] This person may be known as the "Resident Agent" [6] or "Statutory Agent",[7] depending on the laws of the individual jurisdiction in which the business entity is registered. The purpose of a Registered Agent is to provide a legal address (not a P.O. Box) within that jurisdiction where there are persons available during normal business hours to facilitate legal service of process being served in the event of a legal action or lawsuit.[8] Generally, the registered agent is also the person to whom the state government sends all official documents required each year for tax and legal purposes, such as franchise tax notices and annual report forms. It is the registered agent's job to forward these suit documents and notices to the entity itself.[9] Registered Agents generally will also notify business entities if their state government filing status is in "Good Standing" or not. The reason that these notifications are a desired function of a registered agent is that it is difficult for a business entity to keep track of legislative changes and report due dates for multiple jurisdictions given the disparate laws of different states.
Penalties for not maintaining a registered agent generally will cause a jurisdiction to revoke a business’s corporate or LLC legal status as well as in some cases, assess additional penalty fees on the entity. If a Registered Agent fails to perform their function, it can have dire consequences for the business entity. For example, if a customer fell inside a store and sued the store, and the store's registered agent failed to notify the business entity of a summons to appear in court to respond to the lawsuit, then when the case went to trial, nobody would appear to defend the store and the customer would win by a default judgment. Additionally, the store would likely not be able to get the judgment overturned on appeal because they had been properly served. This is one of the most common reasons that business entities generally will utilize a third party as their Registered Agent be it a commercial service company, an attorney, or in some cases, a CPA.
The person at the business entity that maintains contact with the registered agent is the corporate secretary or governance officer.
Advantages of designating a third-party registered agent
- As the Registered Agent name and address is one of public record, generally, the registered agent legal address will be the one listed in all official public documents.
- An outside Registered Agent allows business entities to freely change their location at any time, without filing being required to file costly changes of address with the state they are registered in each time they move.
- Designating a third-party registered agent allows the business owner to travel for business or pleasure without the risk of a default judgment because of a missed lawsuit.
- Commercial registered agents generally have systems to keep track of filing, notification and publishing requirements of business entities which can save businesses hundreds or even thousands of dollars in late penalties were they to miss a required government filing. These are referred to as "Compliance Managers", "Tax Calendars" and/or "Compliance Calendars".
- Generally most commercial service providers have "Form Libraries" of forms and other documents required to file business entities in different jurisdictions - or to keep the business entity in compliance or "Good Standing".
- Some commercial registered agents provide real-time notice of any litigation, and forward all official documents directly to the companies they represent.
- Having service of process delivered to a company's primary place of business can spark rumors among customers and employees. Designating a separate address for receiving service of process avoids this issue.
Registered agent service providers
Almost any person or business entity may legally act as a registered agent. It can be provided by, e.g., attorneys or CPAs. However, the service is usually provided by (or through) commercial registered agent service companies. There are many service companies that perform or contract registered agent services. If a business is operating in multiple states, it can retain the services of a national registered agent service provider with the ability to represent it in all states. Some national service providers are CT (aka "CT Corporation" or "The Corporation Trust Company"), Corporation Service Company (aka "CSC"), National Registered Agents, Inc. (aka "NRAI"), and InCorp Services, Inc. (aka "InCorp"). CT and CSC have been in business for over 100 years, since the first corporations were formed in the United States.
Designating a registered agent
The registered agent for a business entity is generally assigned in the formation documents filed in a jurisdiction when the entity is originally created.[13 For example, a person forming a corporation in the State of Nevada or Delaware, would designate the registered agent along with the agent's address on the articles of incorporation filed with the Nevada Secretary of State or Delaware Secretary of State respectively. If the agent cannot sign the articles himself of herself, some states such as Nevada provide that the registered agent may be designated using a separate "Registered Agent Acceptance" with the appropriate acceptance and signature.[14] A representative of the business or the individual accepting responsibility as registered agent must sign to accept the responsibility of acting as agent. In most states it is a crime to knowingly file a false document with the office of the Secretary of State, although the penalties vary widely. For example, in Nevada it is a Class "D" felony to forge this signature, but in Michigan it is only a misdemeanor.
Information about persons or entities that may be willing to act as registered agents/resident agents by state is usually maintained by the respective Secretary of State. Most states also offer free access to their databases to find a business entity's registered agent.
The Model Registered Agents Act (MoRAA) is an effort spearheaded by the American Bar Association Business Law Section and the International Association of Commercial Administrators (IACA) - Business Organization Section (BOS) to standardize business entity laws as they relate to annual reports, registered agents and other laws and forms used to file business entities.[15] The National Conference of Commissions on Uniform State Laws (NCCUSL) organized a drafting committee composed of commissions, ABA, and IACA representatives who drafted the act's language. NCCUSL adopted MoRAA at its 2006 annual meeting. Eight states, (Idaho, Montana, North Dakota, South Dakota, Utah, Arkansas, Maine, and Nevada)have adopted the model act. The problem this effort seeks to alleviate is the fact that disparate laws, filing requirements and forms in all of the US jurisdictions where business entities are filed creates a quagmire for any company seeking to register to do business in those jurisdictions. By adopting a common set of laws, the Model Registered Agents Act seeks to create a uniform and simple process of filing and maintaining a business entity in any jurisdiction adopting it.
Government listings
Some state business entity laws name the Secretary of State's office or business entity filing office as the registered agent of last resort, in the event the named registered agent can't be found. By law, service may be made on the office if the entities registered agent cannot be found. However, the plaintiff must demonstrate that it made a good faith effort to service the registered agent before it may serve the Secretary of State. The state laws vary in how to complete service on the Secretary of State and the amount of fees charged. Some of the states that may have this statutory provision are listed below. MoRAA eliminated this provision but some of the states that adopted MoRAA maintained this provision.
- Alaska
- Arkansas
- California
- Delaware
- Idaho
- Maine
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- North Dakota
- Oregon
- Wyoming
References
^ a b Colley, John L. (2003). Corporate Governance. McGraw-Hill Professional. p. 35. ISBN 0071403469. http://books.google.com/books?id=WnK2o1GvEt0C&pg=PA35&dq=%22registered+agent%22&sig=RVc6ARalLRcqWlxGgnaV9BkoJWc.
^ E.g., Nevada Revised Statutes § 14.020.
^ E.g., Ohio Revised Code § 1701.07.
^ A. C. E., Inc., www.FloridaRecordsSubpoena.com: Florida Registered Agent.
^ e.g., Code of Virginia, Section 13.1-634; Pennsylvania law refers only to the "agent who maintains the registered office for the corporation", 15 Pa.Consol.Stat. §108(a), but this person is customarily referred to as the "agent".
^ e.g., Code of Maryland, Corporations and Associations Article, Section § 2-108.
^ e.g., Arizona Revised Statutes, Section 10-501.
^ e.g., California Corporations Code, Section 1701.
^ e.g., Code of Virginia, Section 13.1-634(B).
^ E.g., New Hampshire Revised Statutes § 293-A:5.01(1)(i): "An individual who resides in this state . . . " or an entity.
^ E.g., Virginia Code § 13.1-634.
^ E.g., D.C. Code Section 29-101.10.
^ E.g., Code of Maryland, Corporations and Associations Article, § 4A-204(a)(3) requires the articles of organization of a limited liability company to include "the name and address of its resident agent".
^ Example of "Registered Agent Acceptance" form (Nevada).
^ "Model Registered Agents Act" (pdf). Draft of May 24, 2006. National Conference of Comissioners on Uniform State Laws. 2006. http://www.iaca.org/downloads/BOS/ModelRegistrationAct/Model_RA_Act_52506.pdf. Retrieved on 2007-06-06.
Labels: Legal, management
Thursday, June 11, 2009
Lockout/Tagout
Following Specific Lockout/Tagout Procedures

The following article is a condensation from the "Safety News Alert" newsletter from BLR (http://www.blr.com). It provides information on implementation of a lockout/tagout program to prevent injuries.
Compliance with OSHA's Control of Hazardous Energy standard involves a variety of issues other than the basic lockout/tagout procedures. It's a comprehensive standard, and you need to comprehend all its requirements. Because you're probably already familiar with the basic lockout/tagout procedures, let's skip ahead to some lesser-known facts about lockout/tagout compliance.
Requirements for Locks and Tags
OSHA's lockout/tagout standard (29 CFR 1910.147) says that locks must have a key or combination and be:
- Durable enough to stand up to the work area's heat, cold, humidity, or corrosiveness.
- Strong enough so that they can be removed only with heavy force or tools like bolt cutters.
- Standardized by color, shape, and/or size throughout the facility.
- Identified with the name of the authorized employees who install and remove them.
- Tags must be placed at or near the power source where they're easy to see, and must be:
- Unique and used only for this purpose.
- Durable enough for area conditions and the amount of time they are used.
- Strong enough so they can't be accidentally detached or torn.
- Identified with the name of the authorized employees who install and remove them.
- Legible, even if exposed to dirty, damp, or corrosive conditions.
- Standardized throughout the facility in color, shape, or size, print, and format.
- Attached with nylon cable ties or other means that can be attached by hand, are self-locking, can't be removed with less than 50 pounds of strength, and can't be reused.
Need to do lockout/tagout training? Have little time to do it?
Shift Changes
When maintenance or repairs begin on one shift and end on another, employees must coordinate efforts to ensure a safe transfer of lockout/tagout protection. Your energy control program must spell out the steps for shift changes. It may, for example, require workers completing their shift to wait to remove their locks until workers on the next shift arrive and perform their own lockout.
Group Lockout
When groups perform service or maintenance, group members must follow individual lockout/tagout steps. In addition:
- One authorized employee is responsible for coordinating the work so that everyone is protected.
- Each authorized employee places and removes his or her own lockout and/or tagout device on the group lockbox or other lockout/tagout mechanism.
Lockout with Contractors
Require contractors to explain their lockout/tagout procedures so you can confirm that they're complying with OSHA standards and that their procedures are compatible with yours. Make sure that both your own employees and independent contractors coordinate activities and maintain communication. Make sure a qualified person from your organization is on hand to work with the contractor's supervisor to monitor the process and ensure the safety of all workers.
Labels: employees, Safety Compliance, Safety Management, Training
Monday, June 8, 2009
Heat Stress

The following article is a condensation from the "Safety News Alert" newsletter from BLR (http://www.blr.com/). It provides information on how your employees can deal with the heat associated with the summer months.
Regardless of the setting for work or play, indoors or outdoors, employees need to know how to cope with the heat. Heat safety training should emphasize both hazards and prevention.
Heat Hazards
Heat hazards in order of seriousness include:
- Heat rash — not dangerous, but definitely uncomfortable. Employee showers after work and a sprinkle of talcum are helpful.
- Heat stress — symptoms may be extreme thirst, fatigue, dizziness, and even trouble seeing. A break in the shade is a good idea and a drink of cool water. DO NOT drink alcoholic beverages.
- Heat cramps — exhibited through painful muscle spasms in arms, legs, or intestines. Caused by losing salt as the result of sweating. A cool down and drink of cool water is recommended.
- Heat exhaustion — can result in weakness, dizziness, headache, nausea, chills with clammy skin and profuse sweating. The employee should rest in a cool spot, with feet slightly elevated, and drink cool water unless vomiting . If there's no improvement in a short time, get medical help!
- Heatstroke — is the most serious, life-threatening, form of heat sickness in which the cooling action of perspiration stops. The skin may be hot to the touch and the victim may appear confused and show poor coordination. Call a doctor and/or ambulance and move the victim to a cool place at once, then continuously sponge with cold water. Apply ice packs or cold soft-drink cans until medical help arrives.
Preventing Heat Illness
To protect workers from heat hazards you can:
- Schedule the heaviest periods of work during the coolest parts of the day.
- Allow frequent breaks (in a cool place out of the sun if possible).
- Make cool water available and encourage workers to drink frequently and plentifully.
- Encourage employees and their families to follow sensible precautions to keep safe in the heat: For example:
- Wear lightweight, light-colored, and loose-fitting clothes, plus a lightweight cotton hat.
- Avoid dehydration by drinking plenty of cool (not cold) nonalcoholic, caffeine-free fluids.
- Limit exposure to the sun as much as possible by scheduling outdoor activities for mornings and evenings, and try to stay in the shade if outside in the midday.
- Use sunscreen, preferably with an SPF of 30 or higher, to protect the skin against burning and cancer.
- Wear sunglasses to protect eyes from hazardous UV rays.
- Avoid hot and heavy meals. Instead, eat light foods at room temperature and choose small portions of fruits and vegetables which contain a lot of fluids.
Who's at Risk?
Some people are likely to be at greater risk than others on especially hot days covering people who:
- Overexert during working or exercising may be at greater risk of dehydration and need to drink more.
- Have to wear heavy protective clothing or equipment on the job can easily overheat and need to take off their protection periodically, take cooling-off breaks, and drink plenty of fluid.
- Are overweight are often more susceptible to heat sickness because they retain more body heat. They need to pace themselves and avoid overexertion when it's very hot.
- Are ill with heart disease or high blood pressure, or those who take various medications, are at greater risk when it's hot and should follow doctor's orders.
- Are tired may be more susceptible to heat stress and need to try to get more rest.
Labels: -, employees, Safety Compliance, Safety Management, Training
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