Question 1: You are the Safety Director at XYZ Widget Company in Anytown, USA. Your new boss has asked you to develop a 1 hour presentation “hitting the highlights” regarding OSHA inspections and violations. Please provide an OUTLINE and EXPLANATION of your presentation. 1. Rights before the inspection a. Fourth Amendment allows the employer the right to demand a warrant to establish probable cause for the inspection and the scope of the inspection. 2. Opening Conference a. Can be used to narrow the scope of the inspection presented by OSHA. b. Questions can be asked regarding the purpose and probable cause of the inspection. c. How OSHA can collect information will be laid out. Documents can be collected via written requests, interviews can …show more content…
If the citation is not contested for the violation, abatement date, or the proposed penalty then the citation becomes final after this time. Each section can be contested individually or the whole citation together. The notice of content will be done by XYZ’s lawyer and will be sent to the OSHA area director where they will forward it on to the SOHRC. The case is then docketed for a hearing and the process of pleading, discovery and a hearing are all scheduled in front of an ALJ. The secretary of labor has the burden of proving that XYZ has violated the law. After the hearing finishes, the sides can submit briefs to the ALJ. The ALJ hands done the ruling and the OSHRC can further review if a party petitions it. If a person is adversely affected by the OSHRC’s final order the case can be further reviewed by the U.S Court of Appeals. This petition has to be within 60 days after the decision by the …show more content…
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
This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs. These regulations are put into place to help reduce the number of on the job injuries and deaths.
With the area director allowing for an informal meeting to take place, it is up to me to make sure that I come prepared to this meeting. Making sure that I have all of the facts on why I believe that OSHA should lower penalties and decrease the severity level of some of the citations. I will be bringing with me to the meeting my newly hired Industrial Hygienist and the new Manager of Plant Safety (MPS) to speak in depth about the new safety measures that have been put in place. Before bringing up individual citations I am going to bring up OSHA's own rules on lowering fines based on certain facts about the company in which the citation was levied.
In contradiction to the downgrading tone presented in the previous discussion towards OSHA and its involvement in the meatpacking industry, the implementation of OSHA had some uplifting attributes even though it had minute significance to the cause as presented by the scholarly individual, Dr. Sears, and the two notable muckraker, Eric Schlosser and Upton Sinclair. In cohesion to the upbringing of change due to OSHA, Claire Epstein’s article, “Keeping OSHA Records” enhances the awareness of the regulatory incorporation’s care for the workers safety and documentation by stating “Employers with more than 11 employees who are not in partially exempt industries are required to keep OSHA recordkeeping logs to track information on OSHA recordable injuries and illnesses” (Epstein). But not only did OSHA begin collecting records of the employees, but in “OSHA Updates Guide on Training Requirements” by Professional Safety, OSHA supplies workers with news occurring to fellow members of the country-wide workforce, and in this case is an injury pertaining to “Harco” and his personal negligence and misunderstanding of faulty hardware in order to prevent similar injuries and to analyze the faults and fabricate new directions to have a safer time when in the workplace (Professional Safety). In addition to the article, Professional Safety provides a handbook for workers that may/may not suppress the confusion, but is a sole act of generosity. In comparison, The United States Department of
Dynamic Duo, Inc., opened its manufacturing plant several months ago. The company is owned and operated by two enterprising business students, Jack Richter and Drew Saline, from Poedunk University in Poedunk, U.S.A. The company has 75 employees, most of whom work on the floor of the plant and handle the heavy equipment needed to manufacture widgets. One supervisor is in charge. Dynamic Duo, Inc., is concerned about safety, but the owners know almost nothing about OSHA. As a consultant to implement compliance with OSHA, at the owners request they are in need of what they should do next. The citations concern scaffolding and ergonomics problems (Bernardin, 2007).
After the compliance officer from OSHA visited the facility there were some workers who were injured and some
Fourth Amendment Right protects American citizens, person, homes, documents, and belongings, against unreasonable searches and seizures. This right should not be violated, and no warrants should be issued without probable cause. Probable cause must be supported by evidences, and must describe the place to be searched and information on the persons or things to be seize (Legal Information Institute , 2015).
OSHA standards mandate that the Practice implement controls, work and safety procedures and that it provide personal protective equipment which, when combined with employee training, will reduce on-the-job risks for all employees who may be exposed to hazardous chemicals, blood borne pathogens, or other infectious diseases.
The Occupational Safety and Health Act of 1970 (OSHA) was developed and approved because of the escalating costs of accidents and illnesses in the workplace. According to Gomez-Mejia, Balkin, and Cardy (2010), OSHA is a national law that requires organizations to offer a safe and healthy workplace, to conform with particular occupational and health standards, and to document job-related injuries and diseases.
Over the six-day period OSHA officials conducted numerous employee interviews, walkthrough inspections, and a detailed audit of each site's written safety, health and emergency plans. The inspection results concluded that numerous sites lacked factors that
Any information, instruction, training and supervision needed to make sure that all workers are safe from injury and risks to their health
Osha is the Occupational Safety and Health Administration an agency of the United States Department of Labor. Osha requires employers to provide their employees with safety from all known dangers. Osha was created December 29, 1970, and it was signed by president Richard M. Nixon.
Occupational health and safety (OHS) in the workplace requires an effective systematic approach with strategies to control and monitor OHS risks and which is consistent with relevant OHS legislative requirements.
Having been given a Citation and Penalty document for an informal conference by the OSHA Area Director, I would ensure that my Safety Officer along with proper documentation is also present the day to the conference. 2 Firstly, I would issue the conference notice to employees and allow the employees representatives as well as one or two willing employees to accompany me to the informal conference (Act, 1970). These employees will be significant in confirming the petitions that as an employer I would make for penalty reductions. They are also the closest witnesses on the abatement progress at the company. More so, during the meeting, I would present documents showing the actions I am taken and those that I have taken to abate the violations cited.
1. To investigate the level of awareness of construction parties on the safety regulations outlined by the Occupational Safety and Health Administration (OSHA).
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