Legal, Safety, and Regulatory Requirements Gary Allford HCS/341 8 August 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements 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 risk management program in any business, especially in a health care organization is an integral part of its day to day operation. The purpose of the risk management department is summed up by Kavaler & Alexander (2014), “…a program designed to reduce the incidence of preventable accidents and injuries to minimize the financial loss to the institution should any accident or injury occur” (p. 5). Protecting employees, patients, vendors and visitors is an ongoing process and one that needs to be updated when the healthcare organization has deemed necessary. This paper will demonstrate the importance of presenting the risk management program to new employees, compliance with the standards set forth by the American Society of Healthcare Risk Management (ASHRM), propose recommendations or changes needed to further improve the program, as well as examine the administrative process of managing a risk program.
The bodily harm that can be caused from playing at the collegiate can disastrous to players bodies for years to come. Each year there are thousands of injuries associated with playing college sports. While some maybe miner, others can cause irreversible damage that may leave players paralyzed or badly injured. Colleges and universities usually don’t continue to pay for medical coverage for those who are injured badly and need long term care. So, young players are left to fend for themselves with no way to pay for medical bills. They are putting their bodies and futures on the line to participate in sports that could result in permanent damage to their bodies. With such a high risk of calamity college students should be compensated to insure they have money they could use when they are unable to play college sports.
The PARENTS will counterargue that "while the parents may assume the normal risks associated with the activity, they do not waive their rights for any and all injuries that may occur by signing the consent form.. They cannot assume risks of which they have no knowledge. ...For knowing acceptance to occur, it is important that all risks inherent in an activity are apparent or explained and that they are voluntarily assumed."
Intentional Tort Over the past decade, the increase in participation from recreational sporting activities to organized has increased significantly (Taniguchi, 2003). With more individuals taking part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. The courts have had to acclimate themselves and look at sporting injuries through the lens of tort law (Harvard Law Review, 2008). The landmark case in the state of California, Knight v. Jewett, the state supreme court upheld the original ruling that participants who knowingly cause injury to another contestant outside of the normal rules of conduct while participating in a sporting activity, are liable or negligent, changed the course how courts would rule in tort cases (Harvard Law Review, 2008). Hence, tort law is now a leading point of discussion in athletic and physical education departments in our local school districts (Taniguchi, 2003). Included in the discussion is intentional tort, when a player injuries another participant purposely (Wolohan, 2013). For intentional tort to be ruled on, three essentials must be present: 1.an injury must have occurred, 2. the cause of injury is due to a negligent act, 3. the act that caused the injury must be intentional (Wolohan, 2013). Thus, the merging of recreational activities, extreme sports, and physical education programs, intentional tort law will be looked at in the school setting.
After an incoming student signs a letter of intent to attend a university, a good majority of NCAA schools have no contractual obligation to treat injuries or strains that result from playing for that college. Upon joining a Division 1 team, every participant must have insurance and undergo a medical examination before playing. However, when it comes to protecting the players, who generate billions of dollars every year, from having to pay unexpected medical bills or ensuring they receive proper healthcare, there are no official NCAA rules in place. There is also rules to prohibit a coach from
Collegiate athletics is growing each day and the athletes are becoming faster, stronger, and quicker each day. As the competition on the field improves, the risk of injury also becomes more of a possibility. While strength and conditioning coaches have created athletes who are able to withstand more physical play
We write today to present you with a demand for settlement and the supporting documentation for our demand. As you know, we represent Ms. Betty Brath in the matter of a grievous injury she suffered due to the negligence of your insured. Ms. Brath has reached maximum medical improvement but
Facts: This case was filed by Brian Kopeikin against Moonlight Basin alleging that Moonlight Basin did not fulfill its duty of reasonable care. On the day of the incident, conditions on the mountain were perfect. The skies were clear, there was little to no wind, and the snow was powder. Mr. Kopeikin, a “very experienced skier” (p.2), was skiing Upper Elkhorn when he came upon unmarked and unnatural hazards. These hazards allegedly were the result of negligent acts by Moonlight. The ski run, Upper Elkhorn, intersected an unmarked and unnamed cat track that was lined with boulders. The cat track was designed in a way that did not allow Kopeikin to see the hazardous boulder field ahead of him. The boulder field spanned over fifty feet and was, “comprised of large, craggy, and sharp rocks” (p.3). It is important to note that this boulder field was allegedly unnatural and resulted because of the way Moonlight graded the cat track. It also needs to be acknowledged that there was no warning to skiers that they were coming up on a hazard. When Kopeikin came up to the hazard, he was skiing under control at a safe speed. As he made his way across the cat track, he fell into the boulder field. Again, it is alleged that he had no opportunity to avoid the hazard, and he sustained serious injuries as
There Is a Pomona Valley Injury Lawyer For You The concept of personal injury law includes a wide array of complex situations in which a person is physically hurt while also suffering emotional and financial damages. The injuries and damages are due to the negligence and wrongdoing of another person or
This loss involves a middle age female who was boarding the insured’s shuttle bus at the Louis Armstrong Airport in New Orleans, LA. On 1120/11, the insured operator, a new employee, failed to properly place the shuttle bus in park, causing the bus to shift resulting in the plaintiff briefly loosing her balance. According to the insured operator, the plaintiff never fell and disembarked the shuttle with no injuries.
It is alarming to know that each year there are over 4,500 scaffold injuries and 65 deaths (Occupational Safety and Health Administration [OSHA], 2016). In addition, there is a high risk for construction workers to be struck from objects falling off scaffolds. With these facts in mind, the Occupational Safety and Health Review Commission’s (OSHRC) 2013 case of the Secretary of Labor v Performance Contracting, Inc. (PCI) raises questions as to why violations of OSHA’s scaffold standards are sometimes considered “other-than serious.” Understanding that OSHA gives the Secretary of Labor the tasks of rulemaking and enforcement of its rules, it also gives the task of carrying out the legal process to the commission which both parties accepted, as well as PCI “engaging as a business affecting interstate commerce” (Secretary of Labor v. PCI, 2013, pp. 2-3). Knowledge of the case’s background, parties involved, arguments presented, cases used to reach a verdict, and final ruling provide insight to the penalties assessed, significance, and personal opinion.
Based on misrepresentation, Val Porter gave Kolchek the manufacturer’s paperwork intending to induce Kolchek reliance on the manufacturer’s paperwork resulting in reckless disregard for the facts of the spa defects. Val Porter failed to explain any foreseeable injuries the spa may have caused. Great Lakes Spa failed to exercise “due care” to make the spa safe, resulting in the injury of Litisha’s finger. Based on Negligence, “due care” must
This claim arises out of a lawsuit filed in Kane County, Illinois involving an incident at Johnny A’s Third Rail Pub, a local pub owned by the Insured, Beslidheje, Inc. Mr. Tefik Ashiku owns and operates the Insured corporate entity. The pub operates out of a building owned by the co-defendant, Junaid Zubairi. Plaintiff’s lawsuit alleges negligence against both Beslidheje, Inc. and Zubairi, claiming that the stairway had insufficient or inoperative lighting at the time she fell.
PREFACE In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast.