Corporations face Green Litigation

by Michael Richmond

Attorneys are looking more and more at the liabilities arising from environmental compliance and regulation. When we think of green cleaning, we think of saving the trees not killing the corporation down the street. Part of the legal process is advising and consulting with corporations facing a new spate of regulations. Law schools are offering classes in environmental law, torts, and health-related issues. The sudden rise of environmental attorneys sends a warning to businesses everywhere. Obviously, litigation is coming on a level as never seen before.

We already know about Sick Building Syndrome where employees are made sick, but there is a newer version of Sick Building Syndrome. It is known as Building Related Illness (BRI). SBS is a grave health condition when the building is characterized as hazardous to all employees inside. BRI is a rare event so far, but everyone now understands that Sick Building Syndrome is a major threat to every employee and employer. BRI does not require several sick people to come forth like SBS. It is “personalized,” meaning that it now only takes ONE SICK PERSON to cause a legal claim, and force your company into court and a lengthy litigation battle.

While most litigation will go after the big environmental issues, be advised that there will be a serious rise in BRI type lawsuits. Frankly, some people are more susceptible to negative influences than others. 99% of people may be just fine in the building, but one may not. It now only takes one that can make a lawsuit.

Lawsuits are random and generally unexpected. Worse yet, once they start, it is too late to fix the problem. The primary result of any lawsuit is the “Money Drain” that has no mercy and no consideration for the hardship it causes. However, the random nature means that it may never hit you, and then again it might. There is absolutely no way to predict which company will get hit.

The best approach is called “Litigation Mitigation,” which means you actively eliminate the potential risks before they have a chance to occur. Secondly, get proactive by demanding that your janitorial service is Green Clean certified. It is not enough to have a service that simply replaces old non-green products for new green products. Green cleaning is both technique and product to be effective.

In fact, your company should include a “Green Practices” clause in the contract requiring that the cleaning service offer training and certification in Green cleaning practices. Knowing the impending issues facing all modern companies, it seems a small task to require more competence and professionalism from the people who protect the health of your workers.

Janitorial firms can earn their Green Clean certification from the Green Clean Institute. This certification is not expensive, difficult, or intrusive. It allows the company to make a cohesive transition to green products and green practices. It is an easy to prevent a preventable lawsuit from a person who suffers from environmental mistakes.

About the Author:
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