Requiring a Safe Workplace: Congress enacted the Occupational Safety and Health Act in 1970 to try to prevent injuries by requiring safe workplaces.
2 APPROACHES TO PROTECT WORKERS FORM ON THE JOB INJURIES AND THEIR CONSEQUENCES:
PREVENTIVE APPROACH UTILIZED BY THE FEDERAL AND STATE AGENCIES (These agencies make rules pertaining to safe working condition and conduct inspections to discover and prosecute dangerous conditions and rule violations.
GROUND BREAKING POLICY-Occupational Safety and Health Administration (OSHA)- In 1970 the Occupational Safety and Health Act (OSH Act) become law. Involved the feral government directly in the preventing of workplace and injures. The law created the Occupation Safety and Health Administration and empowered it to enact rules and regulation designed to achieve safety in the workplace. (APPLY TO FIRMS WITH 11 OR MORE EMPLOYEES THAT ARE ENGAGED IN INTERSTATE COMMERCE.)
Department of Labor enforces OSHA rules and regulation with inspections and citations.
Bring the the workplace into compliance (Employers can be fined)
WORKPLACE INSPECTIONS
To ensure compliance with its general duty clause and specific regulations.
If employer denies OSHA inspectors access-inspectors easily can obtain a search warrant giving them authority to inspect
Employers are required to file periodic safety reports describing work-related injuries (If there is an an injury requiring hospitalization of three or more employees or resulting in a death, the employer must notify the Department of Labor within eight hours. These reports often prompt OSHA inspections.
Employees may also anonymously call OSHA to report safety violations. OSHA will then send inspectors to the workplace. (EMPLOYERS MAY NOT DISCRIMINATE AGAINST WORKERS WHO HAVE INFORMED OSHA OF SAFETY VIOLATIONS) - WHISTLE BLOWER( One who reveals wrongdoing within an organization to the public or to those in positions of authority)
DEALING WITH OSHA VIOLATIONS
Most employers deal with OSHA officials without a lawyer
Problems usually involve technical engineering and safety issues rather than legal issues
Inspectors and company supervisor are best equipped to resolve these problems.
SOME OSHA violations become serious due to cost of compliance-SOME COMPANIES PUSHED INTO BANKRUPTCY -Legal Help needed :
Safety on the Job:
Requiring a Safe Workplace: Congress enacted the Occupational Safety and Health Act in 1970 to try to prevent injuries by requiring safe workplaces.
2 APPROACHES TO PROTECT WORKERS FORM ON THE JOB INJURIES AND THEIR CONSEQUENCES:
GROUND BREAKING POLICY- Occupational Safety and Health Administration (OSHA)- In 1970 the Occupational Safety and Health Act (OSH Act) become law. Involved the feral government directly in the preventing of workplace and injures. The law created the Occupation Safety and Health Administration and empowered it to enact rules and regulation designed to achieve safety in the workplace. (APPLY TO FIRMS WITH 11 OR MORE EMPLOYEES THAT ARE ENGAGED IN INTERSTATE COMMERCE.)PREVENTIVE APPROACH UTILIZED BY THE FEDERAL AND STATE AGENCIES (These agencies make rules pertaining to safe working condition and conduct inspections to discover and prosecute dangerous conditions and rule violations.
Department of Labor enforces OSHA rules and regulation with inspections and citations.
General Duty Clause: employers must provide a place of employment free from recognized hazards that are likely to cause death or serous physical harm. The employer can be fired or shut down from OSHA and held liable to the injured employee in a court of law.
Examples: Safety Training Requirements, safety clothing and equipment to be worn by workers, and the the construction, maintenance and shielding of equipment.
Another Example: Requirement that hair protection (hairnets) be worn when working near equipment such as drills.
http://www.nytimes.com/2013/08/08/business/wal-mart-settles-osha-case-over-cleaning-procedures.html?_r=0
http://www.takepart.com/article/2013/06/10/osha-hits-seaworld-fine-and-safety-violation-again
MINOR VIOLATIONS:
- Bring the the workplace into compliance (Employers can be fined)
WORKPLACE INSPECTIONS- To ensure compliance with its general duty clause and specific regulations.
- If employer denies OSHA inspectors access-inspectors easily can obtain a search warrant giving them authority to inspect
- Employers are required to file periodic safety reports describing work-related injuries (If there is an an injury requiring hospitalization of three or more employees or resulting in a death, the employer must notify the Department of Labor within eight hours. These reports often prompt OSHA inspections.
- Employees may also anonymously call OSHA to report safety violations. OSHA will then send inspectors to the workplace. (EMPLOYERS MAY NOT DISCRIMINATE AGAINST WORKERS WHO HAVE INFORMED OSHA OF SAFETY VIOLATIONS) - WHISTLE BLOWER( One who reveals wrongdoing within an organization to the public or to those in positions of authority)
DEALING WITH OSHA VIOLATIONS- Most employers deal with OSHA officials without a lawyer
- Problems usually involve technical engineering and safety issues rather than legal issues
- Inspectors and company supervisor are best equipped to resolve these problems.
- SOME OSHA violations become serious due to cost of compliance-SOME COMPANIES PUSHED INTO BANKRUPTCY -Legal Help needed :
2. COMPENSATION FOR INJURIES SUSTAINED ON THE JOBhttp://lawxtra.swlearning.com/student/studytools/ch24/lawxtra24-1tyk.html