OSHA Case Study

The Supreme Court was requested to rule on the cotton dust standard using the OSHA’s mandate under section 3(8) whose objective was to protect workers from the exposure of hazardous materials. In the Department of Industrial Union, the Benzene decision decided by a divided court invalidated the OSHA 's benzene standard. According to the judges, OSHA had to base its findings on substantial evidence rather than mere assumptions. These records should show that occupational exposure to the regulated substance presents significant health risk (Schulte, et al., 2014).

The Occupational Safety and Health Act purpose is to assure that individuals are working in safe environments. OSHA has been around for over 40 years and has come with many advantages as well as disadvantages. According to OSHA, “nursing homes and personal care facilities has had one the highest injury and illness rates, workers have faced numerous amounts of health hazards, and disorders compared to other work places”. These obstacles occurring in the health care work force has lead to the NYS Safe Patient Handling Act. This act consists of programs ensuring workers are better educated on how to prevent injuries, reduce disorders and improve quality of care towards patients.

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.

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.

“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

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

Primarily, I would recommend that Dynamic Duo seek legal advice and contact an attorney to advise them of the situation at hand. All the more, I would highly recommend that Dynamic Duo consult with an attorney who regularly practices OSHA law regarding their rights and defenses when an OSHA citation has been received. Therefore, by implementing a lawyer that regularly practices OSHA law would help counsel and contest or challenge proposed citations and penalties. Furthermore, experienced OSHA lawyers understand the detailed regulations and OSHA’s practices and can often negotiate lower penalties and much better abatement terms for the employer. I would also immediately record any and all injuries up to this point that many employees have received. I would then immediately take care of any violations listed by 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

The fundamental objectives of the OSHA is to ensure “so far as possible every working man and woman in the nation safe and healthful working conditions and preserve our human resources”

In 1970 OSHA was designed to set in place guidelines to organize and regulate practices to reduce the injuries and accidents in the work place. These guidelines are there to both protect the worker and the employer. If the health care worker follows these important guidelines and is injured, the employer is responsible. However, if the injury or accident is a result to the worker’s negligence or disrespect to the procedure and guidelines, then the worker is at fault.

OSHA's mission is to assure safe and healthful workplaces by setting and enforcing standards and by providing training, outreach, education, and assistance. Fines are mandatory where serious violations are found. For each willful violation, an employer can be assessed a civil penalty of up to $70,000 for each violation. A business that fails to correct a violation within the allowed time limit for which a citation has been issued can be fined up to $7,000 for each day the violation continues. Finally, a willful first violation involving the death of a worker can carry a criminal penalty as high as $70,000 and six months in prison. A second conviction can be up to $140,000 and a full year behind bars,

Some of the policies and procedures enforced by OSHA include but are not limited to purchasing equipment that has been deemed safe for use by the organization, Offering hepatitis B vaccinations to all employees who have come in contact with any bodily fluids and blood, Schedule at least one employee that's certified in first aid in each shift and finally report to OSHA within 48 hours of any workplace accidents that have resulted in an employee's death or hospitalization of five or more employees.

OSHA is an essential law that comes up with a set regulations to protect American workers from being injured. The law comes with effective standards that cover the work place, power sources, machinery and equipment, materials processing, protective clothing, first aid, and administrative requirements. In case of an employer does not adopt those standards, it will be cited and fined. OSHA comes up with those standards to increase the effectiveness of these circumstances actions. Sea World Park was one of the businesses who get affected by OSHA decision who asks it to pay 75,000 fine for exposing its employees to a risky interaction with wild animals. Based on these fine, Sea World Park took a preventive future action, and it started to present

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.

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