Many of our clients operate in a heavily regulated industries and are in need of a legal resource. We offer guidance and interpretation in various industries such as electronic waste, data security, recycling, automotive, parts, and more. Compliance heavily depends on the industry but generally breaks down as follows:
- Statutory Compliance. Statutory means that there are statutes that address the dos and don’ts of a particular business. Certain activities are plainly illegal while others are in a gray area. We work with clients to make sure the activities are legal and compliant.
- Regulatory Compliance. In addition to statutes, there are regulations. For example, the regulations would address the specific requirements of a label for a product, a battery shipping requirement, or requirements for worker safety in very particular situations. For most folks, reading through regulations is useless – they wouldn’t understand a thing. That’s where we come in. We assess the business activity and provide you with guidance on compliance with very specific regulations.
- Specialized Requirements. In addition to statutes and regulations, some businesses may have additional requirements, depending on what they do.
- Local Ordinances. In addition to case law, statutes, and regulations, there are local ordinances, or municipal code. They are put in place by the local government in a city or town.
- Data Security. Data security laws are laws that govern the data on the internet and electronic devices. In addition to data security laws, there are voluntary standards that companies choose to adhere to in order to be more marketable to their business partners and consumers. These standards regulate how data is handled and eradicated as well as require certain policies and procedures to be in place. Generally, data security encompasses online terms and conditions, privacy policies, and the regulation of the sale of personal data.
- Safety and OSHA/CalOSHA. OSHA stands for Occupational Safety and Health Administration. It regulates the health and safety in a workplace. CalOSHA is the California version of the federal OSHA. A business owner must adhere to applicable OSHA standards. Frequently, a business owner is not aware that his business is subject to OSHA regulations and is a step way from being reported by the employee, neighbor, another third-party, or a random OSHA audit.
- Operational Documentation. Operations documentation is the standard operating procedure (SOPs) of a business – not legal documents. They are important to standardize business operations, especially in heavily regulated industries.
Do I need a compliance officer?
No, provided you have a person or set of persons responsible for your compliance. We recommend that one individual is selected as it eases the burden on the team and generally has a better yield.
At what point do I need a lawyer for compliance?
You need a lawyer whenever you are establishing operations. Lawyers are trained in legal research and are capable of identifying issues that can harm your business.
Which statutes, regulations, and ordinances apply to my business?
It depends on business operations. Laws and regulations are operation specific. After we are retained, we perform a comprehensive assessment of the operations and then research the applicable laws, statutes, regulations, and ordinances. Even if a business owner believes they “know it all,” we strongly encourage retaining legal counsel to confirm that.
Do I need a lawyer to draft the operational documentation?
No. A consultant that specializes in a given business is sufficient. However, when the consultant or business owner deals with certain statutes and regulations, review of the completed documentation may be warranted.