From the Public Health Law Program, Office of the Chief of Public Health Practice, CDC
http://www2a.cdc.gov/phlp/

*** Utah Mine Disaster Report. The U.S. House Committee on Education and Labor has released results from its  investigation into the Crandall Canyon Mine disaster. Visit http://edlabor.house.gov/micro/mine_crandall.shtm to access the Committee’s materials related to the investigation.

*** Veterans Suicide Report. The Congressional Research Service has released a report entitled Suicide Prevention Among Veterans, with information about the Joshua Omvig Veterans Suicide Prevention Act. The report is available at http://assets.opencrs.com/rpts/RL34471_20080505.pdf.

*** Genetic Discrimination Report. The Congressional Research Service recently released Genetic Information: Legal Issues Relating to Discrimination and Privacy, available at http://assets.opencrs.com/rpts/RL30006_20080310.pdf.

*** XDR-TB Report. The Congressional Research Service recently updated a report entitled, Extensively Drug-Resistant Tuberculosis (XDR-TB): Emerging Public Health Threats and Quarantine and Isolation, available at http://assets.opencrs.com/rpts/RL34144_20080401.pdf.

*** April Quiz. Unfortunately, there was no April Quiz Winner this month. Please check your answers below.

*** Farm Bill Hearing (5/14) . Today, the U.S. House of Representatives is scheduled to consider the conference report on H.R. 2419, the Food, Conservation, and Energy Act of 2008 (“Farm Bill”). More information is available at http://agriculture.house.gov/inside/FarmBill.html.

*** Nuclear Terrorism Hearing (5/15). The U.S. Senate Committee on Homeland Security and Governmental Affairs will hold a hearing entitled “Nuclear Terrorism: Providing Medical Care and Meeting Basic Needs in the Aftermath,” on May 15, 2008. The hearing will be held at 10:00 a.m. in Dirksen Senate Office Building Room 342. For more information, visit http://hsgac.senate.gov/public/index.cfm?Fuseaction=Hearings.Detail&HearingID=b4e45fe1-64d8-4b
93-8520-77b645c0b74d.

*** Workplace Violence Teleconference (5/21). The American Bar Association Section of State and Local Government Law will present a teleconference entitled “Preventing Workplace Violence,” on May 21, 2008 at 12:00p.m. to 1:30 p.m. ET. For more information, visit http://www.abanet.org/cle/programs/t08wva1.html.

*** Veterans Healthcare Hearing (5/21). The U.S. Senate Committee on Veterans Affairs will hold a hearing on pending health care legislation on May 21, 2008. The hearing will be held at 9:30 a.m. ET. For more information, visit http://veterans.senate.gov/public/index.cfm?pageid=16&release_id=11613.

*** Preventable Injuries Teleconference (5/28). The American Bar Association Health Law Section will present “Payment (Or Not) for Never Events,” a teleconference exploring recent CMS plans to expand the list of preventable medical errors. The teleconference will be held from 12:00 p.m. to 1:30 p.m. ET on May 28, 2008. For more information, visit http://www.abanet.org/cle/programs/t08pne1.html.

*** Health and Safety Conference (6/1-6/3). The Oklahoma Safety Council will host its 2008 Safety and Health Conference entitled, “Getting Fresh with Safety and All That Jazz,” in Tulsa, on June 1-3, 2008. More information is available at http://www.oksafety.org/conference.php.

Top Story

1. Remodelers to face ‘white-glove’ test on lead

States and Localities

2. Florida: Bill could take bite out of local menu policies

3. Maine: State of Maine v. Mark W. Haskell

4. Massachusetts: Restaurant smoking regulations and the smoking initiation process

5. Tennessee: Public knowledge and attitudes regarding health inspections of restaurants

National

6. Oil giants to settle water suit

International

7. Canada: Train quarantine ‘the new normal’ of infectious disease surveillance: experts

8. Switzerland: Pandemic flu threat remains substantial, health experts say

Briefly Noted

Arizona emissions rules · California restaurant grades · Kentucky smoke-free laws · Missouri BPA suits · New York cigarette tax · Ohio anti-smoking foundation · Washington porcine public nuisance suit · National sewer safety · Vaccine recommendations study · Disaster plans hearing · Canada prison smoking ban · China emergency preparedness training · England public transport alcohol ban · Germany Nazi tobacco policies study · South Korea bird flu measures · Uganda DDT approval · United Kingdom corporate manslaughter law

Quotation of the Week

Dr. Michael Gardam, Director of Infection Prevention and Control, University Health Network

This Week’s Feature

Law Behind the News. This week, we bring you a new law from the United Kingdom, establishing the new offence of “corporate manslaughter” in England, Wales, and Northern Ireland, and “corporate homicide” in Scotland. See below for more.

_____________________________1_____________________________

“Remodelers to face ‘white-glove’ test on lead”

Washington Post     (05/06/08)     Cindy Skrzycki

http://www.washingtonpost.com/wp-dyn/content/article/2008/05/05/AR2008050502444.html

Under a new U.S. Environmental Protection Agency (EPA) rule, remodeling contractors must conduct a “white-glove” test to prove their work has not left dangerous residue from lead-based paint. The rule, which takes effect in 2010, will cover about 38 million homes and child-care facilities built prior to 1978, when lead-based paint was banned to protect children from cognitive and developmental problems associated with lead ingestion. The procedure requires three steps: “All of the leaded dust generated by the renovation will have been cleaned up by two wet wipes [of a cleaning cloth] followed by one dry wipe, where necessary.” The cloths are then matched to a reference card showing the desired hue of whiteness to determine whether white-glove status has been attained. Although some health and housing advocates view the rule as a positive step forward, many feel it should be stricter and question the effectiveness of the white-glove test. “The cleaning-verification process is borderline laughable,” said Patrick MacRoy, executive director of Alliance for Healthy Homes. “It’s run a wet cloth over the area and eyeball it to see if it’s as white as a standard reference card.” Many contractors oppose the rule because of increased insurance costs, fines for noncompliance, and potential liability to homeowners who sue, said Matt Watkins, environmental policy analyst for the National Association of Home Builders. But, according to James Gulliford, assistant administrator for the Office of Prevention, Pesticides and Toxic Substances at EPA, the agency found the white-glove test to be “an affordable test that performed.” EPA will require training for contractors to ensure the test is performed well, Gulliford said.

[Editor’s note: For more information on 40 C.F.R. § 745, Lead; Renovation, Repair, and Painting Program, visit http://www.epa.gov/lead/pubs/renovation.htm. To read the rule, visit http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.pdf.]

_____________________________2_____________________________

“Bill could take bite out of local menu policies”

Orlando Sentinel     (05/10/08)     Mark Chediak

http://www.orlandosentinel.com/features/food/orl-menu1008may10,0,2716882.story

Florida lawmakers recently passed legislation that would prevent local governments from requiring restaurants to post nutritional information on menus. Instead, such posting requirements would be mandated at the state level. Although many consumer advocates and health officials favor nutrition-labeling laws as a way to help diners make more informed, healthier menu selections, state restaurant associations have largely opposed such measures as imposing an undue burden on restaurant operators. “[The bill] doesn’t say we can never have nutritional-labeling mandates,” said Carol Dover, chief executive officer of the Florida Restaurant and Lodging Association. “If we have it, it has to be done at the state level, [which] ensures consistency,” said Dover, whose group lobbied for the legislation to avoid a patchwork of local regulations. In the past two years, about a dozen cities and counties outside of Florida have enacted menu-labeling legislation. For instance, New York City’s ordinance requires restaurants with at least 15 nationwide locations to post calories next to standard menu items. Dover noted that some chain restaurants provide nutritional information on the Internet or in pamphlets. But that approach does not always reach consumers, said Margo Wootan, director of nutrition policy at the Center for Science in the Public Interest. “It’s like if we were posting speed limits with little pamphlets along the highway or on the back of speeding tickets. People are not going to see it.”

[Editor’s note: To read the most recent version Florida Senate Bill 2016, “An act relating to public lodging and public food service establishments,” visit http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2016er.pdf, and scroll to page 6, “Preemption Authority.”]

_____________________________3_____________________________

State of Maine v. Mark W. Haskell

Maine Supreme Judicial Court (2008 ME 82)

Wal-07-694

Decided May 8, 2008

Opinion by Justice Donald G. Alexander

http://www.courts.state.me.us/court_info/opinions/2008%20documents/08me82ha.pdf

The Maine Supreme Judicial Court (SJC) has ruled that there is no fundamental right to use personalized watercraft on the state’s great ponds. Resident Mark W. Haskell brought the suit to challenge a Maine law prohibiting use of personalized watercraft on certain bodies of water, enacted under the state’s police power. Haskell received a citation in 2005 for operating his jet-ski on Lake St. George. Prior to the state’s appeal to the SJC, Haskell successfully argued in Belfast District Court that the law unconstitutionally violated his fundamental right to operate a personalized watercraft. The District Court ruled that boating on great ponds is a “fundamental right” and found the state statute “unduly arbitrary” under a heightened level of constitutional scrutiny. But on de novo review, the SJC vacated the judgment of the District Court, finding that the right to use personalized watercraft on Maine’s great ponds is not fundamental and does not trigger a heightened level of scrutiny. The court stated that “[w]hen the State exercises its police power to regulate for the general welfare and a fundamental right is not at issue, statutes are subjected to rational basis review.” According to the opinion, Maine’s personalized watercraft regulation was enacted for the public’s welfare, to reduce safety and environmental risks and hazards. “Given the unique characteristics of personalized watercraft, their size, speed, and maneuverability, the Legislature could rationally determine that they pose a unique risk to others on great ponds,” the Court said.

[Editor’s note: To read the personalized watercraft regulation challenged by Haskell, 12 M.R.S. §13071-A(4)(A)(33)(2007), http://janus.state.me.us/legis/statutes/12/title12sec13071-A.html title="http://janus.state.me.us/legis/statutes/12/title12sec13071-A.html">.]

_____________________________4_____________________________

“Local restaurant smoking regulations and the adolescent smoking initiation process”

Archives of Pediatrics and Adolescent Medicine     (05/08)     Michael Siegel and others

http://archpedi.ama-assn.org/cgi/content/abstract/162/5/477 (subscription required)

The authors of this analysis report the final results of a four-year study on the impact of local smoke-free restaurant laws on smoking initiation among Massachusetts youth. According to the authors, the report addresses a novel research question: “if smoke-free restaurant laws reduce smoking initiation, do they do so by inhibiting experimentation with cigarettes or by impeding the progression from experimentation to regular smoking?” The study followed more than 2000 adolescents ages 12 to 17 years. The authors categorized local smoking regulations as strong, medium, or weak, and defined three stages of smoking initiation as nonsmoking, experimentation (having tried a cigarette but smoking less than 100 cigarettes in an individual’s lifetime), and established smoking (having smoked 100 or more cigarettes). The study corroborated results from previous research that found experimentation is influenced more by individual-level factors, while community-level factors influence the transition from experimentation to established smoking. The analysis revealed that smoking bans positively influence youth smoking: “strong restaurant smoking regulations were [not only] associated with a significant decrease in the odds of progression to established smoking among youths but also that this association was specific to the transition from experimentation to established smoking.” The study further found the effects of smoking bans to be stronger for adolescents between ages 12 and 17 years. The authors concluded that the study results have three major implications for health policy: restaurant smoking bans may decrease youth smoking initiation; individual-level and contextual factors that influence the stages of smoking initiation must be considered; and younger adolescents are most susceptible to public policy interventions.

_____________________________5_____________________________

“Public knowledge and attitudes regarding public health inspections of restaurants”

American Journal of Preventive Medicine     (06/08)     Timothy F. Jones and Karen Grimm

http://www.ajpm-online.net/webfiles/images/journals/amepre/AMEPRE2179.pdf

The authors of this study sought to determine the public’s understanding of the regulatory process governing restaurant inspections in Tennessee. From October through December 2006, the authors conducted a survey of 2000 Tennessee residents 18 years of age or older. Respondents were asked about their “knowledge and expectations regarding restaurant-inspection policies and their enforcement, and beliefs about responsibilities pertaining to food safety.” The authors found that while consumers believe restaurant inspections are a “very important activity of health departments,” they also have high expectations of and misconceptions about the inspection process. For example, the Tennessee Code requires inspection of all food establishments twice per calendar year. When asked how often restaurants should be inspected, only 9 percent of respondents said inspections should occur twice per year, but 53 percent said inspections should be conducted 12 or more times per year. In another example, the authors explained that Tennessee inspectors do not usually impose sanctions on an establishment based on one inspection, and instead work with restaurants to mitigate risks. The closure of a restaurant generally only occurs following a restaurant’s failure to correct problems after training and consultation with inspectors. Yet survey respondents advocated for “far more draconian responses to violations” than are currently required by law. The authors conclude that “[m]any of the observed misperceptions might be addressed through educational efforts by the industry and regulatory agencies, such as the online posting of brief summaries of policies regarding score interpretation, enforcement, and corrective actions, along with access to scores.”

[Editor’s note: To read the text of T.C.A. 68-14-303, the Hotel, Food Service Establishment, and Public Swimming Pool Act of 1985, which authorizes the state Health Commissioner to inspect food service establishments, visit http://michie.com/tennessee/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=tncode/22ec4/22ec6
/2398b/23993/2399f. For more information on Chapter 1200-23-1, Food Service Establishment Rules of the Tennessee Department of Health, visit http://www.state.tn.us/sos/rules/1200/1200-23/1200-23-01.pdf.]

_____________________________6_____________________________

“Oil giants to settle water suit”

New York Times     (05/08/08)     Jad Mouawad

http://www.nytimes.com/2008/05/08/business/08oil.html?_r=1&partner=rssnyt&emc=rss&oref=slogin

Several large U.S. oil companies have agreed to a settlement with more than 100 public water providers who claimed the companies used a defective gasoline additive that led to widespread groundwater contamination. The plaintiffs, including 153 public water systems in 17 states, contended that oil companies used methyl tertiary butyl ether (MTBE), even though they knew the chemical posed environmental and health risks. Under the settlement terms, submitted for approval to the U.S. District Court for the Southern District of New York, the companies agreed to pay about $423 million in cash and 70 percent of future cleanup costs over the next 30 years. Six of the defendants refused the deal, including Exxon Mobil. “In all these cases, our conduct did not cause injury, or cause damages,” said Peter J. Sacripanti, an Exxon Mobil lawyer. MTBE became widely used to increase octane levels in gasoline after the 1990 Clean Air Act mandated use of an oxygenate in certain cities to reduce smog and other pollutants. Since the mid-1990s, oil companies have fought to avoid billions of dollars in penalties from using MTBE, arguing that they should not be forced to pay for cleanup of a product they were mandated to use. MTBE has been found to cause cancer in laboratory rats exposed to high doses, and low levels of MTBE can make drinking water unpalatable because of “offensive taste and odor,” according to the Environmental Protection Agency. The use of MTBE is now banned in 23 states, and oil companies stopped using it in 2006.

[Editor’s note: For general information about MTBE from EPA, see http://www.epa.gov/mtbe/.]

_____________________________7_____________________________

“Train quarantine ‘the new normal’ of infectious disease surveillance: experts”

Canadian Press     (05/09/08)     Helen Branswell

http://cnews.canoe.ca/CNEWS/Politics/2008/05/09/5523396-cp.html

Earlier this month, Canadian public health officials responded in full force to the sudden death of a woman and complaints of flu-like illness by several of her fellow passengers on a Toronto-bound train. The group reportedly included Australian tourists who may have passed through Asia en route to Canada. Within hours of the woman’s death, health officials placed the train under a quarantine order in the tiny northern Ontario town of Foleyet. One person was airlifted to a nearby hospital. Public health officials across Canada were alerted to the unfolding situation and CDC officials in the United States were watchful. Dr. Perry Kendall, British Columbia’s Provincial Health Officer said Ontario learned valuable lessons from the severe acute respiratory syndrome (SARS) outbreak there in 2003, including the need to act rapidly. “Had we had that high level of suspicion in Toronto … at the beginning of SARS, they may not have had the number of cases they subsequently had,” he said. “So I think it’s important that this is the new normal. And I think we will have events that turn out not to be events as we try and screen for events that might be events.” Because of the train’s remote location and the difficulty of getting specimens to a laboratory, officials were pressed to make the decision to quarantine with very little evidence. They defended the decision and were pleased with the lightening-fast response to the event. “What worked and what was great, I thought, was that within a couple of hours of this happening people across the country who have a mandate to look into this and launch surveillance and activities were all informed. It’s a successful test of the system,” said Kendall.

_____________________________8_____________________________

“Pandemic flu threat remains substantial, health experts say”

Washington Post     (05/06/08)     Eliane Engeler

http://www.washingtonpost.com/wp-dyn/content/article/2008/05/06/AR2008050601265_pf.html

According to health experts, the world still faces a substantial pandemic influenza threat, and countries should hasten their preparedness efforts in the event of a global outbreak. “We can’t delude ourselves. The threat of a pandemic influenza has not diminished,” said Keiji Fukuda, coordinator for the World Health Organization’s (WHO’s) Global Influenza Program. Fukuda made his remarks last week to 150 health experts from governments, WHO, and other agencies at a meeting to update WHO’s pandemic influenza preparedness plan. The update is expected to reflect progress in research on influenza viruses, stronger international cooperation, and experience with human cases of avian influenza. The plan will also take into account the revised International Health Regulations (IHR), which require countries to report new disease threats with global public health significance, such as new influenza subtypes. Under the revised IHR, WHO is enabled to act on credible information sources, rather than having to rely only on official government channels, said Max Hardiman of WHO. To date, more than 150 countries have some type of national preparedness plan, although some plans merely contain one sheet of paper acknowledging the risk. Others have begun setting up measures to stop the spread of a pandemic, such as assuring access to medical centers, preparing to isolate sick people and quarantine contacts, and controlling airports. The revised WHO influenza plan is expected to be published by the end of the year

[Editor’s note: To read the 2005 WHO Global Influenza Preparedness Plan, visit http://www.who.int/csr/resources/publications/influenza/GIP_2005_5Eweb.pdf. For more current information on WHO’s influenza preparedness activities, visit http://www.who.int/csr/disease/influenza/en/.]

_____________________BRIEFLY NOTED______________________

Arizona: Governor’s Regulatory Review Council sets California-style standards

“Council OKs tougher tailpipe-emissions rules”

Arizona Republic     (05/07/08)     Matthew Benson

http://www.azcentral.com/arizonarepublic/local/articles/0507cleancar0507.html

California: Grand jury says diners are “in the dark” about restaurant inspections

“Orange County Grand Jury urges restaurant grading system”

Los Angeles Times     (05/09/08)     David Haldane

http://www.latimes.com/features/health/la-me-restaurants9-2008may09,0,5747885.story

Kentucky: Study finds rural residents more likely than urban to support local smoking bans

“Public support for smoke-free laws in rural communities”

American Journal of Preventive Medicine     (06/08)     Mary Kay Rayens and others

http://www.ajpm-online.net/issues/contents (subscription required)

Missouri: National class action suit against U.S. companies for use of Bisphenol-A

“Bottle chemical suits hit Missouri”

St. Louis Daily Record     (05/06/08)     Aaron Bailey

http://www.thedailyrecord.com/viewstory.cfm?recid=15888 (subscription required)

New York: Cigarette tax to become nation’s highest starting June 3

“State expects 100,000 fewer smokers because of higher tax”

Journal News     (05/07/08)     Cara Matthews

http://lohud.com/apps/pbcs.dll/article?AID=/20080507/NEWS05/805070377/-1/newsfront

Ohio: $230 million to be diverted to state jobs fund; employees moved to Health Department

“Gov. signs bill snuffing anti-smoking foundation”

Dayton Daily News     (05/07/08)     William Hershey

http://www.western-star.com/n/content/oh/story/news/local/2008/05/06/ddn050708smoke.html

Washington: Case challenges Tacoma Municipal Code on specifics of public nuisance ordinance

“Lawyers in Tacoma debate whether a pig is a hog”

Tacoma News Tribune     (05/12/08)     Jason Hagey

http://www.thenewstribune.com/news/local/tacoma/story/358041.html

National: Despite penalties and lawsuits, sewer systems still fouling rivers, streams

“Aging sewers threaten environment, public health”

Gannett News Service     (05/08/08)     Larry Wheeler and Grant Smith

http://www.indystar.com/apps/pbcs.dll/article?AID=/99999999/NEWS0302/80507058

National: Study finds 28% of children not current with vaccine recommendations

“Compliance with vaccination recommendations for U.S. children”

American Journal of Preventive Medicine     (06/08)     Elizabeth T. Luman and others

http://www.ajpm-online.net/webfiles/images/journals/amepre/AMEPRE2170.pdf

National: Secretaries admit “deficiencies” in hospitals’ abilities

“Officials testify on disaster plans”

Washington Post     (05/08/08)     Spencer S. Hsu

http://www.washingtonpost.com/wp-dyn/content/article/2008/05/07/AR2008050703617.html

Canada: Correctional Service of Canada begins national prison smoking ban

“Pen plans total cig ban”

Winnipeg Sun     (05/07/08)     Paul Turenne

http://www.winnipegsun.com/News/Manitoba/2008/05/07/pf-5491371.html

China: Study presents results of training evaluation

“Evaluating the effectiveness of an emergency preparedness training programme … in China”

Public Health     (05/08)     Chongjian Wang and others

http://www.sciencedirect.com/science?_ob=MImg&_imagekey=B73H6-4RKMCRT-1-3&_cdi=11546
&_user=856389&_orig=browse&_coverDate=05%2F31%2F2008&_sk=998779994&view=c&wchp
=dGLzVzz-zSkWz&md5=6f2d22782462e731be2f8f02961d2df3&ie=/sdarticle.pdf

England: Mayor announces alcohol ban on public transport beginning next month

“Boris slaps drink ban on Tubes and buses”

Evening Standard     (05/07/08)     Katharine Barney and Pippa Crerar

http://www.thisislondon.co.uk/standard/article-23482859-details/Boris+slaps+drink+ban+on+
Tubes+and+buses/article.do

Germany: Study reassesses policies invoked to condemn public health interventions

“Tobacco policies in Nazi Germany: not as simple as it seems”

Public Health     (05/08)     Eleonore Bachinger and others

http://www.sciencedirect.com/science?_ob=MImg&_imagekey=B73H6-4RPD47D-1-1&_cdi=11546
&_user=856389&_orig=browse&_coverDate=05%2F31%2F2008&_sk=998779994&view=c&wchp
=dGLbVlb-zSkWW&md5=a84d7ab6501e20a6f1590d548e02324c&ie=/sdarticle.pdf

South Korea: Measures taken to contain spread of avian influenza

“Butcher of birds at traditional markets, restaurants to be banned: gov’t”

Yonhap     (05/10/08)

http://english.yonhapnews.co.kr/national/2008/05/09/0301000000AEN20080509006000320.HTML (subscription required)

Uganda: WHO and EU approve use of DDT to kill malaria-spreading mosquitoes

“Global health body approves DDT use”

New Vision     (05/07/08)     Joyce Namutebi and John Odyek

http://allafrica.com/stories/200805080220.html

United Kingdom: Law provides health, safety protections for workers

“Corporate manslaughter -- the final bell!”

Mid Ulster Mail     (05/08/08)

http://www.midulstermail.co.uk/news/Corporate-Manslaughter--The-final.4059310.jp

__________PHL NEWS QUOTATION OF THE WEEK___________

“Once you go down that road, you really have no choice. You can’t call it half a quarantine.”

-- Dr. Michael Gardam, Director of Infection Prevention and Control, University Health Network, on the decision to quarantine a train in a remote Ontario village after one woman died and others reported feeling ill. Health officials were required to make rapid-fire decisions in light of very little evidence. Officials have since reported that the woman died of a heart attack, and that the other passengers were likely infected with a seasonal flu virus. [See item 7, above.]

__________________LAW BEHIND THE NEWS___________________

Designed to address an increase in work-related deaths over the last decade, the United Kingdom’s Corporate Manslaughter and Corporate Homicide Act 2007 went into effect in April 2008. The new law establishes the offence of corporate manslaughter or corporate homicide, holding an organization (including a corporation, government department, police force, or a partnership) in breach of a “relevant duty of care,”

if the way in which its activities are managed or organized—

(a) causes a person’s death, and

(b) amounts to a gross breach of a relevant duty of care owed by the organization to the deceased.

Further,

An organization is guilty of an offence under this section only if the way in which its activities are managed or organized by its senior management is a substantial element in the breach referred to in subsection (1).

The new law establishes the legal duty of care of an organization toward its employees and others:

(1) A “relevant duty of care”, in relation to an organization, means any of the following duties owed by it under the law of negligence—

(a) a duty owed to its employees or to other persons working for the organization or performing services for it;

(b) a duty owed as occupier of premises;

(c) a duty owed in connection with—

(i) the supply by the organization of goods or services (whether for consideration or not),

(ii) the carrying on by the organization of any construction or maintenance operations,

(iii) the carrying on by the organization of any other activity on a commercial basis, or

(iv) the use or keeping by the organization of any plant, vehicle or other thing;

(d) a duty owed to a person who, by reason of being a person within subsection (2), is someone for whose safety the organization is responsible.

The law carves out some exceptions for military activities, policing and law enforcement, emergencies, and child protection and probation functions. It also sets out factors to be considered by a jury.

To read the text of the Corporate Manslaughter and Corporate Homicide Act 2007, visit http://www2a.cdc.gov/phlp/docs/Corporate_Manslaughter_and_Corporate_Homicide_Act_2007.pdf.

_______ QUIZ ANSWERS: APRIL 2008_______

The April Quiz covered the following issues: April 2, 9, 16, 23, and 30. Check your answers below.

1. A 2006 study conducted at the University of Utah found that drivers tested on simulators performed better in braking and avoiding rear-end collisions when alcohol-impaired than when they were talking on hand-held or hands-free phones. (Answer C)

2. The U.S. Court of Appeals for the Second Circuit dismissed an $800 billion class-action lawsuit about light cigarettes. (Answer A)

3. Virginia Governor Timothy Kaine signed legislation that broadens the standard used by the state to determine if a person should be involuntarily committed, and extends the time period allowed for emergency custody and temporary detention orders. True (Answer A)

4. Canada announced its intention to list bisphenol A as toxic. (Answer A)

5. The U.S. Senate unanimously passed legislation that prevents employers from asking employees about their genetic background, and from using such information in the hiring or firing process. (Answer B)

___________________________________________________________

The CDC Public Health Law News is published each Wednesday except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge.  News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by the original authors of items included in the News, or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions in this document are those of the author(s) and do not necessarily represent the views of CDC. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.

For past issues or to subscribe to the weekly CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

The News is published by the Public Health Law Program, Office of Office of Strategy and Innovation, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Christopher Seely, J.D., Associate Editor; Karen L. McKie, J.D., M.L.S., Editorial Advisor. Special thanks to Lisa Thombley, J.D., M.P.H., for her editorial assistance.