In an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration, Sunfield was found to have fifty seven safety regulation violations. Sunfield, an auto parts manufacturer, was given forty six citations for egregious willful violations, willful violations, repeated violations, and serious safety violations. The citations resulted in a total of $3.4 million in fines.
The investigation and ensuing citations were brought on by incidents that occurred earlier this year. On separate occasions, two employees were seriously injured while working at the manufacturing plant. Labor Secretary Thomas Perez spoke on the issue, stating that “when companies prioritize production and profit over the health and safety of their workforce, too often it is the workers that pay the price.” He also noted that the investigation found that the company’s leaders failed to properly train workers for their jobs.
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The incidents at Sunfield showcase three of the four main provisions of the act. First, it is an example of compliance, or lack thereof. Ohio does not have a state plan and companies in the state must comply with standards issued by the Occupational Safety and Health Administration. The innumerable citations issued to the company prove that the company failed to comply with these standards. Secondly, the named safety violations show that Sunfield was unable to keep their workplace free from recognized hazards. The company should have been aware of hazards in the workplace as well as the unsafe practices taking place. Lastly, the article highlights OSHA’s right to inspect workplaces. It also showed that OSHA can inspect and investigate a worksite if they have received complaints of unsafe work conditions. Overall, this article was able to highlight the bulk of the OSHA Act’s provisions and how those provisions work together to keep workplaces safe across the
Around thirty labor laws were enforced in reaction to the Triangle Shirtwaist Fire. A major law was enacted where employees should not have to risk their lives or health in the work place. Other laws included that all high risk building had to have automatic sprinkler systems installed and that all exits had to be unlocked and swing to the outside. It is pivotal that safety measures are taken serious and enforced in a workplace. Deadly fires are bound to happen when the owners of a company neglect the safety of their workers and that is what caused this
In this case with Williams Construction the company was put under investigation after a trench collapse, which resulted in the death of one employee Jose Aguiniga and a serious injury to another employee Adam Palomar. After the investigation, OSHA charged Williams Construction
1. What were the legal issues in this case? This case is based around the laws and regulations of OSHA. OSHA is an Occupational Safety and Health Act that has been put into place to ensure the safety of employees while on the job. These regulations are put into place to help reduce the number of on the job injuries and death. In this case, Williams Construction was put under investigation after a trench collapse, which resulted in the death of one employee and a serious injury in another. After the investigation
From this incident was any employee disciplined for not following safety procedures. This would establish if the company believes the employees were negligent in their duty.
In 2008, Lowe’s Companies, Inc. have failed to ensure a sustainable safety environment, put in place a health program, and maintain adequate record keeping on work-related injury and illnesses claims for certain locations in the state of Ohio. This employer has been made aware of OSHA requirements for its industry and has been cited many times for similar infractions. OSHA regulators have imposed stiff penalty fines that have cost Lowe’s Companies Inc. thousands of dollars. The record-keeping violations at the
“Everyone has the right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSHA Act.”
After the compliance officer from OSHA visited the facility there were some workers who were injured and some
President Richard Nixon signed into law the Occupational Safety and Health Act in 1970, which caused a robust of debates, before the Williams-Steiger Occupational Safety and Health Act became effective on April 28, 1971. In the same year a report revealed there had been approximately 14,000, occupational fatalities, 2.5 million job-related disabilities and 300,000 new cause of job-related illness (OSHA History). In addition, to the millions of employees suffering from workplace injuries, the employers were taking a financial hit from paying out more than $53 billion a year in worker’s compensation claims, indirect cost to the employee, and production lost (All About OSHA).
According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in
The employer also has to comply with all standards, rules, and regulations that are set forth by OSHA and the OSH Act. Employers are required to inspect the workplace to insure they are up to OSHA standards. Insure that employees are only using safe tools and equipment that are in their proper condition. It should be easy for the employees to be aware of potential hazards by the employer posting signs, using color codes, labels, or signs to convey warning. Employees must be trained in a language that they understand. Operating procedures must be in place and properly communicated to the employees to assure the employees follow safety and health standards. Employers that house or use hazardous chemicals will be required to have hazardous communication program and for that all the employees to be trained on exposure and precautions. Employers are to fund medical exams if required by OSHA standards. The OSHA poster must placed in a prominent location at the workplace. Records need to be kept of work-related injuries and illnesses. The log of these injuries and illnesses need to made available on February 1st for three months. Assure employees have access to medical and exposure records. Provide a workplace free of discrimination. OSHA citations must be posted at or near the work area where the infraction occurred. The citation must be in place for three working days or until the
Employers are responsible for providing a safe and healthy workplace for their employees. OSHA 's role is to ensure the safety and health of America 's workers by setting and enforcing standards. This can be attained through provision of training, outreach, education, establishing partnerships and encouraging continuous improvement in workplace safety and health. It is advisable that any business take substantial safety precautions without imposition of the standards because at the end of the day both employers and workers want to go home safe and healthy in order to be able to resume productivity during future tasks. American employers and workers want safe and healthy work places. They want everyone on the job to go home whole and healthy each day. In accordance with the determination to make that dream possible, OSHA is committed to assuring - so far as possible - that every worker and woman in the nation works in safe and healthy environments. OSHA believes that providing workers with a safe workplace is central to their ability to enjoy health, security and the opportunity to achieve the American dream.
This investigation into AKM LLC dates back from January 11, 2002 through April 22, 2006. OSHA states that the company did not prepare incident forms, incident logs, or year end summaries as they were to be filled out and some not at all. In November of 2006, OSHA issued 171 citations and a total of $13,300 in fines. The violation dates ranged from as far out as 4.5 years to a little over 6 months before the citation and fines were issued to the company. This company felt that the citations and fines were untimely and wanted them to be dismissed for this reason. An ALJ with the Occupational Safety and Health Review Commission (OSHRC) upheld the citations and fines, so the company decided to appeal.
This practice results in the loss of jobs and increased number of displaced workers in the United States, as well as poor working conditions and poor pay for those who work for the businesses and in the factories abroad. Although it has been acknowledged that corporations rarely take into account the thoughts and recommendations of employees into consideration when making decisions, it should be noted that corporations do indeed owe a duty of care to those individuals whom they employ directly. Employers have the responsibility of providing a safe workplace for their employees as well as to abide by government business regulations as well as human rights. Some of the responsibilities included in providing a safe workplace are: (1) “making sure employees have and use safe tools and equipment and properly maintain this equipment”; (2) “correcting cited workplace violations by the deadline set in the OSHA (Occupational Safety and Health Association) citation and submit required abatement verification documentation”; and (3) keeping workplace inspections up-to-date as to not put any employees in potential danger. In addition to employer responsibilities mandated by the federal government and its agencies, corporations also have the burden of protecting workers’ rights. According to David
for unsafe working conditions. On the 24th of April 2013 one of the most catastrophic
The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the