Wearing The Rollover Protective Device

1688 Words Aug 8th, 2014 7 Pages
1. FACTS
- The trench is not explicitly included in the list of equipment that should wear the Rollover Protective Device, but as it 's heavy equipment like the others, it could be considered for wearing the Rollover Protective Device.
- As the Rollover Protective Device is a device for the operator’s safety, may be required by the owner based on the general clause of OSHA.
- All work performed up to the time the problem emerged must be paid by the owner.
OUTCOMES
- The parties must try to make an agreement before taking any decision, if they agree to use the rollover trench device, then the contractor will use and apply additional charges to the owner making an amendment, or a change order.
- The owner could sue the contractor based on contract breach if the contractor anyway refuses to place the Rollover Protective Device.
- The contractor could argue that the contract is ambiguous as a defense.
MY OPINION
As the rollover protective device is a device placed for the safety of the trencher operator, according to the general clause of OSHA "an employer has a legal obligation to Provide a workplace free of conditions or activities That Either the employer or industry. Recognizes as hazardous and which cause, or are likely to cause, death or serious physical harm to employees"
(https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=3359&p_table=oshact) then the contractor is legally bound to install the rollover protective device. So what they should do is to…

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