Case Study : A Spanish Speaking Custodian Named Mr. Lacolle

As you are aware, the decision by the Court of the Barton v. Rona case (2012 ONSC 3809) recognized that although Mr. Barton’s misconduct was serious, his specific acts of misconduct were not severe enough to warrant his dismissal. The Court felt that in this situation, a stern warning to him never again to permit a safety violation by an employee would have been sufficient (p.13, para. 55). This was particularly the case, based on your investigation you have performed on April 24, 2009, given that nothing in his excellent work record and no prior infractions suggested that he would not be amenable to such discipline (p.10, para. 40) or that he would repeat such misconduct in the future (p.9, para. 38). Given that the Court could not find that his misconduct met the threshold of striking at the heart of the employment relationship (p.14, para. 55), it concluded that Rona had breached Mr. Barton’s employment contract, and Mr. Barton was entitled to damages as a result (p.14, para. 56).

|of work premises has a responsibility under RIDDOR to report any work related accidents or disease which result in | | | |

Mr. D’ Lake, why are there missing signatures on the produce and deli floor inspection log? This establishes that the employees did not follow the company’s safety procedures

Assume you are an M-Global field engineer working at the construction site of a nuclear power plant in Jentsen, Missouri. For the past three weeks, your job has been to observe the construction of a water-cooling tower, a large cylindrical structure. As consultants to the plant’s construction firm, you and your M-Global crew were hired to make sure that work proceeds properly and on schedule. As the field engineer, you are supposed to report any problems in writing to your project manager, John Raines, back at your St. Louis office. Then he will contact the construction firm’s office, if necessary.

2. Decide who might be harmed and how, this will involve consideration of everyone in the workplace such as

Health and Safety at Work Act: Manual Handling Operations Regulations 1992 ( as amended 2002 ); Control of Substances Hazardous to Health Regulations 2002 (

In addition, Williams violated 29 C.F.R. § 1926.651(k) (1) for failing to designate a “competent person” with sufficient training and knowledge to identify and correct existing and predictable hazards (www.dol.gov). No supervisor at the Company was familiar with the basic standards applicable to the worksite or otherwise “capable of identifying and correcting existing and predictable hazards in their surroundings.” The court disagreed that the Company discharged its OSHA duties merely by relying on the general work experience of Dzamba and J.P. Williams or “common sense.”

Jennifer you continue to promote an atmosphere of camaraderie in your group which was difficult during this rating period with having one defiant employee and receiving over a thousand hotlines in 2015. You conducted monthly group meetings and you met individually with your workers to discuss their performance or lack of performance. You also discussed with them all pending reports that they have in Case Compass. During your team meetings you reiterate to your team the importance of compliance with all applicable policies, including but not limited to policies concerning initiating reports/contact/completion of reports, behavior, work performance and

“Employees or their representatives have a right to request an inspection of a workplace if they believe there is a violation of a safety or health standard, or if there is any danger that threatens physical harm, or if an "imminent danger" exists. In addition, anyone who knows about a

failed to provide the necessary supervision and ensure the safety of residents in the dining rooms

Health and Safety: Ms. Hair was reminded of the weekly room inspections and that she is to allow staffs enter her unit to conduct room inspections. Ms. Hair was reminded that she is to maintain her unit in a clean and hazardous free condition. Case Manager explained to Ms. Hair that if she failed to abide to any health and safety rules of the facility a warning will be issued for non-compliance. Ms. Hair stated that she

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

Mr. Garcia had received some training on excavation safety in 2002. Elliott Construction sent him to the class about safety in trenches. He was instructed on the different types of soils, excavate a trench, how to make steps and slope. A company called ENS taught the class, in English. The next training Mr. Garcia took occurred after the accident. All the workers were apart of this training.

scenario with this picture in mind. Before speaking to the manger, the staff member was

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