Hudson Valley/CT Valley Joint Chapter Meeting

Topic Liability for Construction EHS Professionals

When it comes to construction accidents and incidents, the usual concern is for corporate liability. Though usually rare, personal liability can also exist for construction EHS personnel. While prosecutions have historically focused on environmental matters, there also exists the potential for prosecutions in regards to health and safety matters. The ability for a construction EHS Professional to accurately recognize and mitigate liability on their projects allows them to better perform their practice. This talk will focus on:

• Elements of liability in construction;
• Potentials for corporate and personal liability;
• Recognition of criminal exposure; and
• Criminal risk management.

Speaker Neil A. Feldscher, CIH, CSP, Esq., FAIHA

Neil Feldscher is the Acting Director, EHS for the Bureau of Engineering Design and Construction (BEDC) of the New York City Department of Environmental Protection (DEP). He is responsible for managing the EHS section for a $10B capital construction program. Additionally, he is an Adjunct Professor at Hunter College, teaching undergraduate and graduate Environmental Public Health courses.

Formerly, as an attorney in the environmental group of the litigation department of a large law firm, he counseled clients on administrative and environmental matters. His practice was concentrated on environmental, health and safety, and construction law. He also provided advice and counsel on the complex issues surrounding the interfaces of bankruptcy, condemnation, and environmental laws. He is admitted to the practice of law in both New Jersey and New York.

A Certified Industrial Hygienist and Certified Safety Professional, Mr. Feldscher previously worked as an industrial hygiene, health and safety, and environmental consultant and expert witness. He is an AIHA Fellow and has written and lectured on the aspects of experts and their work in the legal arena, environmental law, ethics, personal liability issues, and the incorporation of EHS into design and construction services. He was honored by selection onto the inaugural AIHA Distinguished Lecturers’ List. He served as an editor for the seventh edition of the New Jersey Environmental Law Handbook and was the editor of Legally Speaking, the newsletter of the former Legal Branch of the ASSE Consultant Practice Specialty.

Mr. Feldscher is a former chair of the AIHA Law Committee and was the chair of the former Legal Branch of the ASSE. Mr. Feldscher received his B.S. from the University of Delaware and his J.D. from Fordham University, where he was an Editor of the Corporate and Financial Law Journal.

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