sources. However, as non-point source pollution became a more important issue for
environmental protection, "command and control" regulations became less useful.
RCRA, in particular, has become problematic in that, while it is successful at directing hazardous
wastes to the appropriate disposal facility, it has been less successful at reducing the amount of
waste produced. As the name of the act implies, this is an important goal of the original
The alternative to "command and control" regulation is "performance oriented" regulation, in
which specific environmental performance goals, such as a reduction in the amount of pollution
associated with a process is specified by the regulation and each facility is left to determine the
best method to achieve this goal. The concern with this approach is that it tends to be much more
difficult to enforce because it requires an intimate understanding of the process and alternatives
to the process. In general, the "performance oriented" approach requires the documentation of
these and the environmental impacts associated with the process in a planning document, which
can be reviewed by regulatory authorities. Environmental Management Systems generally form
the basis for the format of such a plan.
Worker Adjustment and Retraining Notification Act
(WARN Act) is a United States labor
law which protects employees, their families, and communities by requiring most employers with
100 or more employees to provide sixty- (60) calendar-day advance notification of plant closings
and mass layoffs of employees. It became law in August 1988 and took effect in 1989. In 2001,
there were about 2,000 mass layoffs and plant closures which were subject to WARN advance
notice requirements and which affected about 660,000 employees.
Employees entitled to notice under the WARN Act include managers and supervisors, hourly
wage, and salaried workers. The WARN Act requires that notice also be given to employees'
representatives (i.e. a labor union), the local chief elected official (i.e. the mayor), and the state
dislocated worker unit.
The advance notice gives workers and their families transition time to adjust to the prospective
loss of employment, to seek and obtain other employment, and, if necessary, to enter skill training
or re-training programs that will allow these workers to successfully compete in the job market.
Often, WARN Act problems arise when employers are acquired by other companies. Generally,
The WARN Act covers employers with 100 or more employees, not counting those who have
worked fewer than six (6) months in the last twelve- (12) month work period, and those who work
an average of less than twenty (20) hours a week. Employees entitled to advance notice under
the WARN Act include managers, supervisors, hourly-wage, and salaried workers. Employees
unprotected by the WARN Act include,