R. Williams Construction Co. V. Oshrc Essay

778 Words Aug 4th, 2012 4 Pages
Assignment #4: R. Williams Construction Co. v. OSHRC
May 27, 2012
HRM 510 Employment Law For Human Resource Practice

What was the legal issue in this case? 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. In this case with Williams Construction the company was put under investigation after a trench collapse, which resulted in the death of one employee Jose Aguiniga and a serious injury to another employee Adam Palomar. After the investigation, OSHA charged Williams Construction
…show more content…
Although it appears that at least one of the pumps was located more than 25 feet away from the ramp, the exact location of the pumps, or the precise location of Palomar and Aguiniga in relation to the ramp at the moment of the trench collapse, is irrelevant. 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.” The Company also violated 29 C.F.R. § 1926.652(a)(1) for failing to protect employees from cave-ins (www.osha.gov): Williams had reason to know that its employees would enter the trench on the day of the collapse and had actual knowledge that two of its employees entered the trench prior to the cave-in. It is unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harm's way or that management can “expect an employee not [to] intentionally place himself in danger.” Such a claim misconstrues the purpose of

More about R. Williams Construction Co. V. Oshrc Essay

Open Document