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The Occupational Safety And Health Administration Essay

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administrative law judge of the Occupational Safety and Health Review Commission would have to affirm the citation issued by Occupational Safety and Health Administration (OSHA). The Commission’s judge would then rule the employer is in violation if the four required elements of the citation under the General Duty Clause exist. The Occupational Safety and Health Administration (OSHA) took an aggressive enforcement approach with workplace violence which leads to the issuing of eight General Duty Clause citations within the two-year period of 1993 through 1995 for workplace violence. Even though they don’t list workplace violence among the twenty National Emphasis programs they routinely target various industries with unusually high injury or illness rates for inspections. According to Cornell HR Review, other forms of case law have been enacted in different states do to an up-rise of workplace violence. The state California became the first state to pass a workplace violence law when it enacted the Workplace Violence Safety Act (WVSA) Cal. Civ. Proc. Code § 527.8 (2012). The law allows an employer to obtain a temporary restraining order an injunction against any individual who has engaged in unlawful violence or has made a credible threat of violence in the workplace. A judge must find by clear and convincing evidence that a person engaged in unlawful violence or made a credible threat of violence against the employee before it becomes mandatory that the judge issues an

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