In Compliance: Copyright registration – electronic group filing for photos

The U.S. Copyright Office is adopting interim regulations governing the electronic submission of (1) applications for registration of automated databases that predominantly consist of photographs and (2) applications for group registration of published photographs. This interim rule establishes a testing period and pilot program during which the Copyright Office will assess the desirability and feasibility of permanently allowing such applications to be submitted through the electronic filing system of the Copyright Office (eCO).

Persons wishing to submit electronic applications to register copyrights of such photographic databases or groups of published photographs should contact the Visual Arts Division for permission and guidance on electronic registration. Notwithstanding the ordinary deposit requirements for group registration of automated databases, an electronic application for group registration of an automated database consisting predominantly of photographic authorship must include the image of each claimed photograph in the database. The interim regulations also allow applicants to use forms other than Form TX, as appropriate, when submitting paper applications to register group automated databases.

U.S. court settlement affirms right to photograph federal buildings

While photographing or taking video footage of a federal building may make those around you nervous, it won’t land you in jail, according to a court settlement reached in October.

The issue went to court after Antonio Musumeci of New Jersey was arrested by a Federal Protective Service officer last year for videotaping in a public plaza outside the Daniel Patrick Moynihan Federal Courthouse in New York. Musumeci sued the Department of Homeland Security, which oversees Protective Service agents who guard federal buildings.

New federal regulations address the issue of photographing federal buildings. Read the guidelines here.

OSHA recordkeeping requirements for recordable injuries or illnesses

The purpose of 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses, is to require employers to record and report work-related fatalities, injuries, and illnesses. For employers subject to the requirements of this section, any workplace incident involving an injury or illness meeting any of the general recording criteria defined at 29 CFR 1904.7 must be recorded and reported accordingly.

Employers covered by the Occupational Safety and Health Act must comply with the recordkeeping requirements with two partial exceptions. The first partial exception extends to small companies employing 10 or less employees on a company-wide basis. The second partial exemption applies to business establishments in the retail, services, finance, insurance, or real estate industries with an SIC Code of 52-89.

These two categories of partially exempt employers are not required to keep Occupational Safety & Health Administration (OSHA) injury and illness records unless OSHA or the U.S. Bureau of Labor Statistics informs them in writing that they must keep the records under 29 CFR 1904.41 and 1904.42, which involve maintaining and completing an Annual OSHA Injury and Illness Survey Form.

When determining if a case meets one or more of the general recording criteria, the following list applies:

• Death

• Loss of consciousness

• Days away from work

• Restricted work or transfer to another job

• Medical treatment beyond first aid

• A significant injury or illness diagnosed by a physician or other licensed health care professional

It is helpful to understand how OSHA defines both medical treatment and first aid for the purposes of 29 CFR 1904. Medical treatment is defined at 29 CFR 1904.7(b)(5)(i) as being the management and care of a patient to combat a disease or disorder. Medical treatment does not include:

• Visits to a physician or other licensed health care professional solely for observation or counseling

• Having diagnostic procedures conducted, such as X-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils)

• First aid as defined in paragraph 29 CFR 1904.7(b)(5)(ii)

First aid does include:

• Using a nonprescription medication at nonprescription strength

• Administering tetanus immunizations

• Cleaning, flushing, or soaking wounds on the surface of the skin

• Using wound coverings, such as bandages, Band-Aids ®, gauze pads, etc., or using Steri-Strips or butterfly bandages

• Using hot or cold therapy

• Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid back belts, etc.

• Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, backboards, etc.)

• Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister

• Using eye patches

• Removing foreign bodies from the eye using only irrigation or a cotton swab

• Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means

• Using finger guards

• Using massages

• Drinking fluids for relief of heat stress

Employers subject to the Occupational Safety and Health Act, regardless of whether or not they are in one of these partially exempt categories, must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees, in accordance with 29 CFR 1904.39.

PMA and SGIA present free workplace violence prevention programs for Ontario businesses

If your business is located in Ontario, Canada, and you have more than five employees, be sure to take part in a new “how to” online workshop presented by PMA and the Specialty Graphic Imaging Association (SGIA), designed to put you in compliance with the new provisions of Bill 168, Workplace Violence Program.  This new legislation requires all employers with more than 5 employees to have a formal program addressesing both workplace violence and harassment by June 15, 2010.

The online workshop, being offered May 18 and May 27, provides an overview of the new provisions and resources to help you comply.  All attendees will receive sample workplace policies, tools for conducting a risk assessment and sample procedures that you can customize to fit your operation.

Due to the importance of these new requirements, SGIA and PMA are pleased to offer this program free of charge to both members and nonmembers.  To register, click here.

In Compliance: Regulations proposed for reporting spills and discharges in Connecticut

The Connecticut Department of Environmental Protection (DEP) proposed regulations providing specific requirements for the reporting of releases, such as spills and discharges, to offer clarity for the regulated community.

Connecticut law currently requires reporting of any spill or discharge of hazardous materials; hazardous wastes; petroleum; or chemical solid, liquid, or gaseous products that pose a potential threat to human health or the environment. The law, however, does not define what constitutes a reportable release and what information needs to be reported in those cases.

The proposed regulations clarify the reporting requirements by providing specific notification procedures. These procedures spell out the types of materials for which releases must be reported, based upon either the quantity of the released material; the threats posed as a result of the chemical characteristics of the material; or the combination of the quantity, chemical characteristics, and location venue (i.e., catch basin or storm or sanitary sewer) that may cause public safety concerns.

The proposed regulations will also identify specific details that must be reported, as well as identify exceptions and exemptions to reporting requirements.

In 2007, the Connecticut Business & Industry Association (CBIA) proposed legislation to clarify reporting standards for spills and discharges. This led to discussions with DEP and the formation of an external advisory committee comprised of representatives of the regulated community. The participation of committee members assisted in the development of the proposed regulations.

Updates to International Shipping Regulations

International Air Transport Association (IATA) new air shipping regulations went into effect Jan. 1, 2011. Highlights of the changes include:

Packaging Instructions

Most of the packing instruction numbers have changed. This is true for Classes 3, 4, 5, 6.1, 8, and 9. Here are some examples of the new numbers:

Dry Ice: UN 1845 PI 954,

Consumer Commodity: ID 8000 PI Y963

Batteries, wet, filled with acid: UN 2794 PI 870

Lifesaving appliance, self-inflating: UN 2990 PI 955

A company using electronic computer applications to complete shipping papers should obtain updates for the applications from the respective vendors.

Note: Shipments with paperwork indicating they were prepared for shipment prior to January 1, 2011, may use current packing instructions until April 1, 2011.

Magnetized Materials, UN 2807

There is a new PI number: PI 953. Magnetized materials meeting the scientific criteria of PI 953 will not require a Shipper’s Declaration; instead, the shipper must provide documentation using the words “magnetized material” when stating the nature of the commodity to be shipped (those words must be on the air waybill). As before, however, the box must bear the magnetized material label.

IATA DGR Section 2

The IATA Section number for Excepted Quantities has been changed to 2.6, Limited Quantities to 2.7, and State and Operator Variations to 2.8.

Limited Quantities Shipments

You are no longer required to enter LTD QTY in the Authorizations Column of the Shipper’s Declaration []. Also, the requirement to mark LTD QTY on the box has been deleted. Instead, all packages of Limited Quantity shipments must bear the following mark (label can be purchased) []:

Consumer Commodities ID 8000. Each package of Consumer Commodities must bear the LTD QTY MARK (label) shown above [PI Y963 (m)] (this is in addition to the Class 9 label).

General Package Markings

The name and address of the shipper and consignee should be located near the Proper Shipping Name marking []. Note the word “should” – it is preferred but not mandatory [].

Radioactive Materials

When stating the package dimensions on the Shipper’s Declaration, the shipper must use the formula: length x width x height (in centimeters) [].

Miami Silver Control Program Reminder

Annual testing and certification for image processors following the Department of Environmental Resource Management (DERM) Silver Control program is due in Miami-DERM offices by Jan. 31, 2011. This is specific to facilities operating under the best management practices (BMP) program.

Remember, the DERM program requires the analytical testing be conducted by a National Environmental Laboratory Accreditation Program (NELAP) certified lab. Before sending a sample, remember to first check with your current testing lab to see if it is certified in Florida.