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XYZ Widget Case

Decent Essays

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

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