Reports tonight indicate that the City of Boise has passed new city laws designed to protect bicyclists on our streets. The ordinances would arguably provide new ways to criminalize driving too close or too aggressively around bicyclists. The truth is the new laws may make us feel safer while riding two wheelers on the road but they will do nothing – unless the City decides to enforce those new laws in ways that it would not under the existing law. Was it against the law to drive recklessly and endanger the lives of pedestrians before these new laws? Of course. So why didn’t the police enforce the old laws by actively pursuing inattentive or reckless drivers?

Three people died last year because of driver inattention. Good people’s lives were lost and others ruined. Here is that all too simple truth – we can protect others – bicyclists and pedestrians and other drivers, by simply following that golden rule. If we all drive like we would want others to drive to protect our lives and the lives of our friends and family, the streets will be safer – new laws or not.

And riders need to do a better job too.

Last May I was almost hit near the corner of Broadway and Front. A driver in the “right turn only” lane changed his mind and went straight. I heard him accelerating behind me and off to the right just before he passed me on my right. I wondered if he would have passed one of his pals or maybe a kid that way. Had I not stayed put, I likely would have swerved in front of him as I moved to the right.

Let’s just try to do a better job of accommodating others on the road – bikes, kids, grannies and others. Thanks for the new laws Boise, but its new attitudes we need.

By Jeff R. Sykes and Maureen Ryan

     In light of the current H1N1 outbreak, employers should reevaluate employee health practices to minimize the contagion and spread of infectious diseases.

     Although some of the media hype surrounding the novel H1N1, has died down, the virus continues to infect more and more people each day. In fact, according to the Center for Disease Control’s May 28, 2009, press briefing, influenza-like illnesses are increasing in Region 10, which includes Alaska, Oregon, Washington and Idaho.

     Last week, an employer-client called with an interesting question related to H1N1. An employee wanted time off from work because the employee was concerned that the employee would be exposed to H1N1. The employee did not have any flu-like symptoms, but rather wanted time off because of the possibility of contracting the virus.

      What are an employer’s obligations when it comes to H1N1 or other outbreaks or pandemics? Certainly if the employee exhibited flu-like symptoms the employee should not come to work. But does an employer have an obligation to protect its employees from H1N1?

     Under the Occupational Safety and Health Act of 1970 (OSHA), an employer does have an obligation to provide a workplace free from serious hazards and to comply with OSHA rules, regulations and standards. An employer, however, does not guarantee the safety of its employees. Although the legal obligations of an employer with respect to H1N1 may be limited, practical concerns such as absenteeism and workplace productivity should motivate an employer to take certain steps to ensure its employee health policies meet or exceed federal guidelines.

     In order to balance the employer’s obligations under OSHA with the practical difficulties of dealing with a viral outbreak or pandemic, an employer should review its employee health “best practices” and ensure that they comply with federal health recommendations. An employer should review not only its literature regarding hygiene and sick leave policies, but also its facilities and supplies (such as bathrooms, tissues, hand sanitizers, etc.). The Center for Disease Control (CDC) has information about H1N1 on its website specifically designed for employers (http://www.cdc.gov/h1n1flu/business/). For example, the CDC recommends that sick employees stay home for 7 days after symptoms begin or until the employee is symptom-free, whichever is longer, in order to prevent infection. The CDC also publishes posters regarding hand-washing and covering your cough that employers can post in employee workspaces.

     Along with updating employee health best practices, an employer should also educate its employees about the best practices. The Center for Disease Control provides a PowerPoint presentation for employers on its website that includes general information about H1N1, symptoms, and everyday steps that can be taken to protect employee health. A meeting or presentation for employees regarding health best practices can decrease the risk of employees contracting and spreading H1N1 and other viruses.

     The best approach for an employer to take regarding H1N1 or other viruses is to update employee health “best practices” information and educate employees about those best practices. Check the CDC’s and the Idaho Department of Health and Welfare’s website weekly for updates on H1N1 and other viruses and for valuable information specifically targeted to employers.

    

Henry F. White

     Chicago, November 17, 2009 – American Bar Association President Carolyn B. Lamm today accepted the resignation of Henry F. White Jr. as executive director of the national organization, and immediately named R. Thomas Howell Jr., general counsel, as interim executive director.

      “I wish Hank White well in his future endeavors, and thank him for his service to the ABA over the past three years. I know that Tom Howell, who has served the association for many years both as a leading member and more recently as chief legal officer, will ensure that the association continues to serve its members and the public through a transition to new leadership,” said Lamm.

     Lamm announced that William C. Hubbard of Columbia, SC, chair of the ABA House of Delegates, will chair a search committee to identify a successor.

     Howell became general counsel of the ABA in 2007, after being of counsel to the Chicago-based law firm of Seyfarth Shaw for 10 years. Previously, he was vice president and general counsel of The Quaker Oats Company. He holds a law degree from the University of Wisconsin Law School, and a bachelors degree from Williams College, and completed an advanced management program at Harvard Business School.

     With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

     CHICAGO, Nov. 3, 2009 – The first American Bar Association National Pro Bono Celebration week exceeded expectations and received regognition from the White House. In a letter dated Oct. 30, 2009, President Barack Obama noted, “Pro bono lawyers work tirelessly to break down barriers to opportunity and justice, volunteering countless hours to provide critical legal services to our most vulnerable citizens.”

     At final count, the ABA Pro Bono Celebration week, Oct. 25 – 31, saw nearly 600 events across the country, with activities in nearly every state.

     Planning for the celebration began in early 2008, when Mark Schickman, chair of the National Pro Bono Celebration Week and former chair of the ABA Standing Committee on Pro Bono and Public Service, began sharing his vision for a time to recognize the volunteer legal work that lawyers contribute for the benefit of their communities.

     “We are gratified that President Obama recognized the work done by lawyers to help our society’s most vulnerable members.  We are also pleased by the response from the legal community,” said Schickman. “Throughout the country, law firms hosted events to recruit more lawyers to take on pro bono projects, state and local bar associations offered legal clinics, and law schools presented discussions on such topics as domestic violence and bankruptcy.”

     The legal profession in the United States is among the very few that calls on its members to make a difference in their communities through pro bono work, with the majority of this country’s lawyers reporting spending an average of 40 hours each year providing free legal work for people of limited means.

     “The success of this year’s inaugural celebration has provided an outstanding platform as we plan for future celebrations,” said A. Michael Pratt, chair of the ABA Standing Committee on Pro Bono and Public Service. “This celebration helps to elevate the work of our committee and to advance the level of pro bono work performed by lawyers all over the country.  We thank Mark Schickman for his vision and leadership.”

     With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.