2007 - 2008
Syllabus

The objective of an environmental health program, almost by definition, is to reduce or eliminate environmental conditions or activities which may prove harmful to human health. Thus, it is not sufficient to merely identify a problem, we must do something about it. That brings us to the subject of enforcement.

One of the first things which a young sanitarian is likely to be told is "filing a legal action is an admission of failure". Environmental health practitioners pride themselves on their ability to achieve results without having to resort to compulsory measures. There are a number of reasons why this approach is the preferred method in many agencies.

1. It is less expensive, in terms of staff time and effort, than litigation.
2. It is not as likely to foster resentment against the agency.
3. It satisfies the legal doctrine of "applying the least amount of force necessary to get the job done".

The concept of exhausting all administrative remedies before proceeding with a legal action is both valid and necessary. And, there are a number of noncompulsory techniques which are effective in helping the practitioner gain compliance.* But, the fact remains that sooner or later there comes a time when taking legal action is the only remaining alternative. In emergency situations; when all else has failed; or when forced by someone else's actions, it may be necessary to go to court. Indeed, being able and willing to take effective legal action, when necessary, if often one of the more effective ways of enhancing your ability to gain voluntary compliance.

No matter when or why we end up taking legal action in a case, we had better know what we are doing. The lessons in this part should help you understand the types, requirements and procedures for taking effective legal action in environmental health.

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* Sikora VA. Effective compliance strategies, Journal of Environmental Health, 1981 43(6):320-324; and Fish JO. You cannot antagonize and persuade at the same time, Journal of Environmental Health, 1980 43(1):4.

Please proceed to Lesson 10. Administrative Actions