The document summarizes 5 cases involving OSHA citations. The first case discusses Wal-Mart being cited for blocking aisles in the receiving area with boxes, creating blocked means of egress. The citation was upheld as a repeat offense. The second case involves an electrician who was injured from exposed energized wires. The contractor and union were both cited. The third case discusses a worker injured from falling after the employer failed to provide fall protection. The fourth case addresses citations for excessive noise and chemical exposures. The fifth case cites a textile company for machine guarding violations.
On April 25, 2013, Ward and Smith, P.A. held a Labor and Employment Seminar at the Crowne Plaza in Asheville, North Carolina. We are pleased to share the PowerPoint presentation from the event. The topics presented were: Criminal Background Checks, Wage and Hour Issues, Social Media, FMLA ADA and REDA Issues, Affordable Care Act, and Termination and Unemployment Claims
Auditing can be said, in a simple word, the expression of opinion on financial reports based on various rules, regulations and standards. The four different situations state the various scenarios behind the scene that depicts the auditors’ credibility and quality of audit works conducted. They have to be cautious to maintain their professional standards and to avoid various disciplinary actions which can be taken by the regulatory and authoritative bodies. Proper professional care can reduce their threat to a great extent and make auditing works credible.
UOSH has authority to enforce workplace safety in Utah. It investigates accidents, issues citations for violations, and assesses penalties. During an investigation, employers should cooperate, preserve evidence, and be prepared with documentation of safety programs and training. Citations can be contested, and informal conferences provide an opportunity to settle or reduce penalties. Maintaining strong safety programs and documentation is important before and after any workplace accidents or inspections.
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
License Check - Check the License of Professionals Before You Hire ThemChristopher Bartol
The document discusses the dangers of using unlicensed contractors and professionals. It provides examples of personal and financial harm that have resulted from using unlicensed contractors for home improvement projects and medical procedures. The document emphasizes that licensing requirements exist to ensure professionals have the proper training and qualifications. It advises verifying the license of any contractor before hiring them to protect yourself from negligence, injury, or fraud.
This document provides an overview of how to prepare for and respond to an OSHA audit. It discusses the different types of inspections OSHA prioritizes and how the audit process typically unfolds in four parts: 1) an opening where the inspector introduces themselves, 2) a walkaround where violations are identified, 3) citations which may be issued, and 4) a closing conference to discuss corrections. It also provides tips on documenting safety programs, training records, and disciplining employees to enforce safety rules in order to defend against citations if needed. Overall, the document aims to help companies understand OSHA inspection priorities and procedures to be prepared.
On April 25, 2013, Ward and Smith, P.A. held a Labor and Employment Seminar at the Crowne Plaza in Asheville, North Carolina. We are pleased to share the PowerPoint presentation from the event. The topics presented were: Criminal Background Checks, Wage and Hour Issues, Social Media, FMLA ADA and REDA Issues, Affordable Care Act, and Termination and Unemployment Claims
Auditing can be said, in a simple word, the expression of opinion on financial reports based on various rules, regulations and standards. The four different situations state the various scenarios behind the scene that depicts the auditors’ credibility and quality of audit works conducted. They have to be cautious to maintain their professional standards and to avoid various disciplinary actions which can be taken by the regulatory and authoritative bodies. Proper professional care can reduce their threat to a great extent and make auditing works credible.
UOSH has authority to enforce workplace safety in Utah. It investigates accidents, issues citations for violations, and assesses penalties. During an investigation, employers should cooperate, preserve evidence, and be prepared with documentation of safety programs and training. Citations can be contested, and informal conferences provide an opportunity to settle or reduce penalties. Maintaining strong safety programs and documentation is important before and after any workplace accidents or inspections.
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
License Check - Check the License of Professionals Before You Hire ThemChristopher Bartol
The document discusses the dangers of using unlicensed contractors and professionals. It provides examples of personal and financial harm that have resulted from using unlicensed contractors for home improvement projects and medical procedures. The document emphasizes that licensing requirements exist to ensure professionals have the proper training and qualifications. It advises verifying the license of any contractor before hiring them to protect yourself from negligence, injury, or fraud.
This document provides an overview of how to prepare for and respond to an OSHA audit. It discusses the different types of inspections OSHA prioritizes and how the audit process typically unfolds in four parts: 1) an opening where the inspector introduces themselves, 2) a walkaround where violations are identified, 3) citations which may be issued, and 4) a closing conference to discuss corrections. It also provides tips on documenting safety programs, training records, and disciplining employees to enforce safety rules in order to defend against citations if needed. Overall, the document aims to help companies understand OSHA inspection priorities and procedures to be prepared.
Circle of Legal Trust Law Journal 1st edTony Castelli
Practicing lawyers share articles on the finer points of practicing law and marketing their law practice. Topics range from lawyer advertising to conducting a deposition and much more. Want to learn about attorney search and practicing law. Download the pdf law journal. Learn how to work on your legal practice as well as in it
Compliance Overview - OSHA’s General Duty Clausentoscano50
The Occupational Safety and Health Act (Act) was enacted to regulate workplace safety and health. The Act is administered by the Occupational Safety and Health Administration (OSHA).
The Act and its accompanying regulations identify a significant number of recognized hazards and establish safety and health standards to address them. OSHA standards are classified into four different groups, known as the agriculture, construction, maritime and shipyard, and general industries.
However, even when no standard specific to a recognized hazard applies, the Act imposes certain safety and health responsibilities on employers through a provision that is commonly known as the OSHA “general duty clause.”
Discussion Question 4·1You have been asked to investigate a new .docxelinoraudley582231
Discussion Question 4·1
You have been asked to investigate a new procedure that physicians would like nurses to adopt in the hospital. Discuss the process you would apply to determine whether the procedure falls within the RN scope of practice and how you would go about introducing the new procedure with physicians and fellow nurses.
Grading Rubric and Sample Table for this DQ
Class this question assumes you are the nurse manager and is a how you would evaluate and implement a standard practice or standing order into your unit. Complete all of the learning activities, critically think and post your reply.
Here is a link to "An Explanation of the Scope of RN Practice Including Standardized Procedures" from the CA BON, your state BON site likely has something similar, but this gives a general idea of procedures one might follow. Lisa
Grading Rubric
Discusses/ lists the process used to determine whether the standardized procedure falls within RNs’ scope of practice (consider your Nurse Practice Act/ Board of Nursing, standards in your workplace, staff training) this is asking .. how will you as a nurse manager make sure that this new procedure is in your staffs scope of practice. 6 points
Discusses process used to introduce the new procedure with physicians and fellow nurses. (Think legalities, change theory and nursing process) 6 points
APA and writing 3 points
Uses 1 properly formatted reference
Correctly formatted in text citations
Writing free of mechanical grammar and spelling errors.
Very import For students.
Welcome to week 4 Class! Last week we studied nursing history and its impact and our individual scope of practice, this week we move forward and review policies that impact us as a group. We will be look at adoption of standard procedures in the work place, discuss theories on promoting change, and will research how standards of professional practice are developed.
Our units objectives are:
1. Describe the impact on the nursing profession of the Institute of Medicine’s 2010 report on The Future of Nursing: Leading Change, Advancing Health.
2. Identify sources for the creation of standards of nursing practice.
3. Apply standards of practice to appropriate settings.
Consider these objectives as you complete your discussion posts, replies and assignments. You have two discussion posts and one paper due this week.
Scope of Practice (studied last week) and Standards of Practice are not synonymous, be sure to differentiate between the two. In Discussion 1 you will need to consider scope of practice of RNs in your state/ facility, research how standardized procedures are implemented and discuss change processes to promote a positive transition. In this scenario you are the nurse manager that is considering implementing a standard procedure. Your answer should palace yourself in the leadership position.
Assignment 9, Chapter 19 NAME _________________________
FIN 3610
Provide a reference and a copy of your source of information w.
The document discusses the structure and procedures of OSHA inspections. It explains that there are four types of inspections based on priority, and describes the onsite inspection process. This includes presenting credentials, opening and closing conferences, employee interviews, and the issuance of citations classifying violations as willful, repeat, serious, failure-to-abate, or non-serious/other than serious. Employers have options to comply with citations, request an informal conference, or notice of contest.
This presentation was given on 9/18/2009 to clients and friends of Kegler Brown. The presentation features a case law update, third party administration, bureau of workers' compensation issues and voluntary abandonment.
This document summarizes key proposed changes to Queensland's industrial relations laws based on recommendations from a 2015 government review. The changes would significantly expand employee protections and rights to bring certain claims. Agencies would need to ensure managers are trained on new obligations regarding issues like adverse action, flexible work, anti-bullying, and collective bargaining. The Queensland Industrial Relations Commission would gain new powers to hear certain employment-related matters and disputes.
Test 1 Question 1 1. Temporary and Permanent variances of th.docxmattinsonjanel
Test 1
Question 1
1.
Temporary and Permanent variances of the OSH Act can be issued under what section?
Section D (b), D (A), and 6 (d)
Section 6 (C), and 6 (f)
Section 7 (a), (d), and (f)
Section 6 (b), 6 (A), and 6 (d)
4 points
Question 2
1.
A temporary variance from the OSHA standard may be obtained when the employer can show that all of the following exist except which one?
When the employer has developed a plan to come into compliance and will implement it as soon as possible.
When the employer is taking steps to safeguard employees.
When the employer is unable to comply with the deadlines of a standard.
When the employer is able to show that the cost-benefit analysis is not in alignment with the jurisdictional impact of the regulation.
4 points
Question 3
1.
What was enacted to minimize the regulatory burden on small businesses by requiring agencies to consider the impact of any rulemaking on small entities that, based on their size, may not have the ability to absorb the costs of regulations in the same manner as larger companies that benefit from the economy of scale?
The Small Business Enforcement Fairness Act
The Small Business Administration Act
The Regulatory Flexibility Act
Executive Order 12866
4 points
Question 4
1.
All of the following are exempt under the Act except which group?
Domestic household employment activities for private residences
Family members operating a farm
Self-employed persons
Religious groups employing workers for secular purposes
4 points
Question 5
1.
Which of the following is a correct match between subpart and regulated material?
Subpart T PPE
Subpart O Welding
Subpart G Means of Egress
Subpart K Medical and First Aid
4 points
Question 6
1.
Which of the following is a false statement regarding Standard Setting?
Consensus standards often involve "incorporation by reference."
Emergency temporary standards are usually initiated by a new scientific study showing danger to workers posed by certain substances.
Hundreds of NIOSH documents, labor union petitions, and other serious recommendations have resulted in only a few new health standards since 1970.
Most of the standards that were originally established were not on the basis of firm scientific evidence but from existing guidelines and limits of various industry, association and governmental groups.
4 points
Question 7
1.
All of the following are distinct differences between OSHA and EPA except:
EPA is an independent regulatory agency, while OSHA is a division of the Department of Labor.
OSHA is essentially an enforcement organization.
OSHA does not come under the inspection of OMB, whereas EPA does.
OSHA has major responsibility over safety and health in the workplace.
4 points
Question 8
1.
In which case did the Supreme Court rule that workers have the right to refuse to work in the face of serious injury or death?
Mabury v. Madison
Whirlpool Corp. v. Marsh ...
Failing to comply with Occupational Safety & Health Administration regulations can land a small business owner in hot water and lead to an inspection of workplace safety practices.
Employee RightsWhat Every Fraud Examiner Needs to KnowJanuaryTanaMaeskm
This document summarizes employee rights and guidelines for investigating employee misconduct. It notes that employees have certain legal protections based on their employment status, such as union contracts, civil service rules, or constitutional protections for public employees. When investigating misconduct, employers must follow all applicable laws and procedures to avoid issues like evidence being thrown out on a technicality. The document provides an overview of important considerations for different employee types and investigations, such as obtaining consent and following proper procedures. It stresses the importance for fraud examiners to understand applicable laws to conduct valid investigations and avoid costly legal battles.
Lesson Four Employer Negligence - Part I In the first thr.docxsmile790243
Lesson Four: Employer Negligence - Part I
In the first three lessons of this course we exhaustively reviewed the dynamics of discrimination laws in
the United States, their proscriptions and their exceptions. Provided that a job applicant makes it
beyond these hurdles, and the employer in question is preparing to offer him or her a job, there are
several things that HR professionals should know in order to avoid liability in hiring.
Employer Negligence
Most liability that an employer might bear in the employment context is in the form of negligence,
either directly or vicariously. There are other potential grounds for liability in the employment
environment, including contract-related matters. However, as the vast majority of employees are not
hired subject to a contract, the following discussion will focus mainly on concerns related to
employment in the “at will” context.
1
In order to participate in an informed discussion about employment negligence, one must first
understand the definition of negligence. Negligence in the legal arena concerns unintentional harm that
results from a failure to use the care that would be expected of a reasonable person under the same
circumstances (Negligence, n.d.). Negligence is usually a civil tort (wrong), but may rise to the level of
criminal culpability if the conduct of the tortfeasor is sufficiently reckless or severe. Generally,
negligence has four key elements:
Duty: In order for someone to be guilty of negligence, he or she must have first had a duty of
care. An example will serve to illustrate. Suppose a passerby, Steve, comes across a person in
peril, Bob. Let us say that Bob is suffering a heart attack and is in need of immediate medical
attention. Now, as heartless as it might be for Steve to decline to help Bob (even by simply
calling 911), generally no such duty exists for Steve, and thus there can be no negligence.
2
In the
employment context, employers almost always have a duty to maintain a safe and secure
environment for their employees and customers.
Breach: In addition to the existence of a duty, the accused must have also breached his or her
duty. Let us change the facts of the above example and suppose that Steve is a server in a
restaurant and Bob is his customer. Under these circumstances, Steve probably does have a duty
to help Bob, but if he fulfills that duty, say, by calling 911, then there obviously can be no
negligence. This element of breach is the focus of many, if not most, negligence disputes.
Damage(s): In order for someone to be found guilty of negligence, the breach of whatever duty
is in question must have resulted in damage of some kind. If Steve fails to help Bob, but Bob
recovers from his heart attack on his own with no harm of any kind, he cannot successfully sue
Steve for negligence. Harm must have been suffered. Note that damage need not be physical in
nature, though. Bodily injury is of c ...
This document summarizes a training presentation on accident investigation. The presentation provides information on why accident investigation is important, defines accidents and incidents, outlines the steps in an effective accident investigation including securing the scene, interviewing witnesses, analyzing direct and root causes, and making recommendations. It emphasizes investigating both accidents and near misses to prevent future occurrences.
Accident Investigation Training by Construction Compliance Training CenterAtlantic Training, LLC.
This document summarizes a training presentation on accident investigation. The presentation provides information on why accident investigation is important, defines accidents and incidents, outlines the steps in an effective accident investigation including securing the scene, interviewing witnesses, analyzing direct and root causes, and making recommendations. It emphasizes investigating both accidents and near misses to prevent future occurrences.
This accident investigation PowerPoint by CSCB breaks down the necessary steps to take when conducting an accident investigation in the construction industry.
A work supervisor can be convicted under Section 15(3) of the Act if they willfully or recklessly endanger worker safety or health. For example, a construction supervisor could be at fault if a worker is injured from not wearing required safety gear, or a production supervisor could be convicted if a faulty piece of equipment causes an accident and the supervisor allowed its use. The key is for supervisors to ensure safety procedures are followed and equipment is properly maintained to avoid endangering workers.
Independent Contractors In MassachusettsMichael Gove
This document summarizes Attorney Michael Gove's presentation on Massachusetts' independent contractor law (G.L. c. 149, § 148B) to the Employers Association of the NorthEast. It discusses the ABC test used to determine whether a worker is an employee or independent contractor, factors considered in each part of the test, examples of how courts have applied the test, consequences of misclassifying employees, and penalties for violations.
Scenario 1: The accident occurred late at night on a weekend from a single vehicle collision resulting in significant injuries. This raises red flags about a potential alcohol-related incident. Key steps would be to get a full statement, investigate the late reporting, obtain medical records and employment records, and determine if the claimant was eligible for benefits.
Scenario 2: The claimant suffered major injuries requiring two prosthetics. Payment priority would be the individual's extended health coverage first, then the spouse's, and lastly accident benefits. The claimant would likely be eligible for benefits through Alberta given it was a no-fault accident in another state.
Scenario 3: A worker claiming benefits after falling on ice during a coffee break would likely be
A work supervisor can be convicted under Section 15(3) of the act if they willfully or recklessly endanger worker safety or health. Examples given include failing to ensure proper safety equipment is worn, allowing faulty equipment to be used, or not reporting strange worker behavior that leads to an incident.
The key is moving from prescriptive to performance-based legislation is positive as it assigns liability more broadly and requires stakeholders to proactively manage risks. This recognizes various parties' roles in ensuring safety.
For an effective safety and health management system, keys include lowering costs, increasing productivity and morale through reducing hazards, and ensuring greater compliance through better working conditions.
Background Screening and Employer Compliance with the FCRA FYI Screening
This document provides information about employer compliance with the Fair Credit Reporting Act (FCRA) when obtaining background reports for employment purposes. It dispels common myths, such as that the FCRA only applies to credit checks or that criminal records are directly available from the FBI. Key requirements of the FCRA include obtaining written authorization, providing required notices and disclosures, following procedures for adverse actions, and considering reporting limitations and equal employment opportunity laws. The document is intended to educate employers on their legal responsibilities under the FCRA.
Visit us at www.insurancecommunitycenter.com to find the recorded presentation with the narrator!
Flip through the slides of this presentation and find out:
What does AB 2774 do?
What does it mean to the employer?
What are the implications?
What steps can an employer take to be pro-active and prepared?
What impact could this new law have on brokers?
Contact@insurancecommunitycenter.com
A deep rooted journey -edition- (2)with music clips PRABIR DATTA
The document discusses the origins and evolution of the ghazal form of poetry and music. It originated in Persia in the 10th century as poems praising kings and noblemen. When brought to India by Mughals, it developed further under Muslim rulers in the Deccan region. The 18th-19th centuries marked the golden age of ghazal, with Delhi and Lucknow as major centers. Ghazals are typically short poems of 7-12 couplets following a strict rhyme and meter structure, opening with a rhyming couplet setting the pattern for subsequent verses.
This document provides a history of geometry from ancient times through the modern era. It describes how early geometrical concepts and principles were developed by ancient cultures including the Egyptians, Babylonians, and Indians. It then discusses the significant developments in geometry by ancient Greek mathematicians such as Thales, Pythagoras, Plato, Aristotle, and Euclid. Euclid is credited with revolutionizing geometry by introducing logical rigor and the axiomatic method in his influential textbook The Elements. The document continues discussing later developments in geometry through Hellenistic times and the modern era.
Circle of Legal Trust Law Journal 1st edTony Castelli
Practicing lawyers share articles on the finer points of practicing law and marketing their law practice. Topics range from lawyer advertising to conducting a deposition and much more. Want to learn about attorney search and practicing law. Download the pdf law journal. Learn how to work on your legal practice as well as in it
Compliance Overview - OSHA’s General Duty Clausentoscano50
The Occupational Safety and Health Act (Act) was enacted to regulate workplace safety and health. The Act is administered by the Occupational Safety and Health Administration (OSHA).
The Act and its accompanying regulations identify a significant number of recognized hazards and establish safety and health standards to address them. OSHA standards are classified into four different groups, known as the agriculture, construction, maritime and shipyard, and general industries.
However, even when no standard specific to a recognized hazard applies, the Act imposes certain safety and health responsibilities on employers through a provision that is commonly known as the OSHA “general duty clause.”
Discussion Question 4·1You have been asked to investigate a new .docxelinoraudley582231
Discussion Question 4·1
You have been asked to investigate a new procedure that physicians would like nurses to adopt in the hospital. Discuss the process you would apply to determine whether the procedure falls within the RN scope of practice and how you would go about introducing the new procedure with physicians and fellow nurses.
Grading Rubric and Sample Table for this DQ
Class this question assumes you are the nurse manager and is a how you would evaluate and implement a standard practice or standing order into your unit. Complete all of the learning activities, critically think and post your reply.
Here is a link to "An Explanation of the Scope of RN Practice Including Standardized Procedures" from the CA BON, your state BON site likely has something similar, but this gives a general idea of procedures one might follow. Lisa
Grading Rubric
Discusses/ lists the process used to determine whether the standardized procedure falls within RNs’ scope of practice (consider your Nurse Practice Act/ Board of Nursing, standards in your workplace, staff training) this is asking .. how will you as a nurse manager make sure that this new procedure is in your staffs scope of practice. 6 points
Discusses process used to introduce the new procedure with physicians and fellow nurses. (Think legalities, change theory and nursing process) 6 points
APA and writing 3 points
Uses 1 properly formatted reference
Correctly formatted in text citations
Writing free of mechanical grammar and spelling errors.
Very import For students.
Welcome to week 4 Class! Last week we studied nursing history and its impact and our individual scope of practice, this week we move forward and review policies that impact us as a group. We will be look at adoption of standard procedures in the work place, discuss theories on promoting change, and will research how standards of professional practice are developed.
Our units objectives are:
1. Describe the impact on the nursing profession of the Institute of Medicine’s 2010 report on The Future of Nursing: Leading Change, Advancing Health.
2. Identify sources for the creation of standards of nursing practice.
3. Apply standards of practice to appropriate settings.
Consider these objectives as you complete your discussion posts, replies and assignments. You have two discussion posts and one paper due this week.
Scope of Practice (studied last week) and Standards of Practice are not synonymous, be sure to differentiate between the two. In Discussion 1 you will need to consider scope of practice of RNs in your state/ facility, research how standardized procedures are implemented and discuss change processes to promote a positive transition. In this scenario you are the nurse manager that is considering implementing a standard procedure. Your answer should palace yourself in the leadership position.
Assignment 9, Chapter 19 NAME _________________________
FIN 3610
Provide a reference and a copy of your source of information w.
The document discusses the structure and procedures of OSHA inspections. It explains that there are four types of inspections based on priority, and describes the onsite inspection process. This includes presenting credentials, opening and closing conferences, employee interviews, and the issuance of citations classifying violations as willful, repeat, serious, failure-to-abate, or non-serious/other than serious. Employers have options to comply with citations, request an informal conference, or notice of contest.
This presentation was given on 9/18/2009 to clients and friends of Kegler Brown. The presentation features a case law update, third party administration, bureau of workers' compensation issues and voluntary abandonment.
This document summarizes key proposed changes to Queensland's industrial relations laws based on recommendations from a 2015 government review. The changes would significantly expand employee protections and rights to bring certain claims. Agencies would need to ensure managers are trained on new obligations regarding issues like adverse action, flexible work, anti-bullying, and collective bargaining. The Queensland Industrial Relations Commission would gain new powers to hear certain employment-related matters and disputes.
Test 1 Question 1 1. Temporary and Permanent variances of th.docxmattinsonjanel
Test 1
Question 1
1.
Temporary and Permanent variances of the OSH Act can be issued under what section?
Section D (b), D (A), and 6 (d)
Section 6 (C), and 6 (f)
Section 7 (a), (d), and (f)
Section 6 (b), 6 (A), and 6 (d)
4 points
Question 2
1.
A temporary variance from the OSHA standard may be obtained when the employer can show that all of the following exist except which one?
When the employer has developed a plan to come into compliance and will implement it as soon as possible.
When the employer is taking steps to safeguard employees.
When the employer is unable to comply with the deadlines of a standard.
When the employer is able to show that the cost-benefit analysis is not in alignment with the jurisdictional impact of the regulation.
4 points
Question 3
1.
What was enacted to minimize the regulatory burden on small businesses by requiring agencies to consider the impact of any rulemaking on small entities that, based on their size, may not have the ability to absorb the costs of regulations in the same manner as larger companies that benefit from the economy of scale?
The Small Business Enforcement Fairness Act
The Small Business Administration Act
The Regulatory Flexibility Act
Executive Order 12866
4 points
Question 4
1.
All of the following are exempt under the Act except which group?
Domestic household employment activities for private residences
Family members operating a farm
Self-employed persons
Religious groups employing workers for secular purposes
4 points
Question 5
1.
Which of the following is a correct match between subpart and regulated material?
Subpart T PPE
Subpart O Welding
Subpart G Means of Egress
Subpart K Medical and First Aid
4 points
Question 6
1.
Which of the following is a false statement regarding Standard Setting?
Consensus standards often involve "incorporation by reference."
Emergency temporary standards are usually initiated by a new scientific study showing danger to workers posed by certain substances.
Hundreds of NIOSH documents, labor union petitions, and other serious recommendations have resulted in only a few new health standards since 1970.
Most of the standards that were originally established were not on the basis of firm scientific evidence but from existing guidelines and limits of various industry, association and governmental groups.
4 points
Question 7
1.
All of the following are distinct differences between OSHA and EPA except:
EPA is an independent regulatory agency, while OSHA is a division of the Department of Labor.
OSHA is essentially an enforcement organization.
OSHA does not come under the inspection of OMB, whereas EPA does.
OSHA has major responsibility over safety and health in the workplace.
4 points
Question 8
1.
In which case did the Supreme Court rule that workers have the right to refuse to work in the face of serious injury or death?
Mabury v. Madison
Whirlpool Corp. v. Marsh ...
Failing to comply with Occupational Safety & Health Administration regulations can land a small business owner in hot water and lead to an inspection of workplace safety practices.
Employee RightsWhat Every Fraud Examiner Needs to KnowJanuaryTanaMaeskm
This document summarizes employee rights and guidelines for investigating employee misconduct. It notes that employees have certain legal protections based on their employment status, such as union contracts, civil service rules, or constitutional protections for public employees. When investigating misconduct, employers must follow all applicable laws and procedures to avoid issues like evidence being thrown out on a technicality. The document provides an overview of important considerations for different employee types and investigations, such as obtaining consent and following proper procedures. It stresses the importance for fraud examiners to understand applicable laws to conduct valid investigations and avoid costly legal battles.
Lesson Four Employer Negligence - Part I In the first thr.docxsmile790243
Lesson Four: Employer Negligence - Part I
In the first three lessons of this course we exhaustively reviewed the dynamics of discrimination laws in
the United States, their proscriptions and their exceptions. Provided that a job applicant makes it
beyond these hurdles, and the employer in question is preparing to offer him or her a job, there are
several things that HR professionals should know in order to avoid liability in hiring.
Employer Negligence
Most liability that an employer might bear in the employment context is in the form of negligence,
either directly or vicariously. There are other potential grounds for liability in the employment
environment, including contract-related matters. However, as the vast majority of employees are not
hired subject to a contract, the following discussion will focus mainly on concerns related to
employment in the “at will” context.
1
In order to participate in an informed discussion about employment negligence, one must first
understand the definition of negligence. Negligence in the legal arena concerns unintentional harm that
results from a failure to use the care that would be expected of a reasonable person under the same
circumstances (Negligence, n.d.). Negligence is usually a civil tort (wrong), but may rise to the level of
criminal culpability if the conduct of the tortfeasor is sufficiently reckless or severe. Generally,
negligence has four key elements:
Duty: In order for someone to be guilty of negligence, he or she must have first had a duty of
care. An example will serve to illustrate. Suppose a passerby, Steve, comes across a person in
peril, Bob. Let us say that Bob is suffering a heart attack and is in need of immediate medical
attention. Now, as heartless as it might be for Steve to decline to help Bob (even by simply
calling 911), generally no such duty exists for Steve, and thus there can be no negligence.
2
In the
employment context, employers almost always have a duty to maintain a safe and secure
environment for their employees and customers.
Breach: In addition to the existence of a duty, the accused must have also breached his or her
duty. Let us change the facts of the above example and suppose that Steve is a server in a
restaurant and Bob is his customer. Under these circumstances, Steve probably does have a duty
to help Bob, but if he fulfills that duty, say, by calling 911, then there obviously can be no
negligence. This element of breach is the focus of many, if not most, negligence disputes.
Damage(s): In order for someone to be found guilty of negligence, the breach of whatever duty
is in question must have resulted in damage of some kind. If Steve fails to help Bob, but Bob
recovers from his heart attack on his own with no harm of any kind, he cannot successfully sue
Steve for negligence. Harm must have been suffered. Note that damage need not be physical in
nature, though. Bodily injury is of c ...
This document summarizes a training presentation on accident investigation. The presentation provides information on why accident investigation is important, defines accidents and incidents, outlines the steps in an effective accident investigation including securing the scene, interviewing witnesses, analyzing direct and root causes, and making recommendations. It emphasizes investigating both accidents and near misses to prevent future occurrences.
Accident Investigation Training by Construction Compliance Training CenterAtlantic Training, LLC.
This document summarizes a training presentation on accident investigation. The presentation provides information on why accident investigation is important, defines accidents and incidents, outlines the steps in an effective accident investigation including securing the scene, interviewing witnesses, analyzing direct and root causes, and making recommendations. It emphasizes investigating both accidents and near misses to prevent future occurrences.
This accident investigation PowerPoint by CSCB breaks down the necessary steps to take when conducting an accident investigation in the construction industry.
A work supervisor can be convicted under Section 15(3) of the Act if they willfully or recklessly endanger worker safety or health. For example, a construction supervisor could be at fault if a worker is injured from not wearing required safety gear, or a production supervisor could be convicted if a faulty piece of equipment causes an accident and the supervisor allowed its use. The key is for supervisors to ensure safety procedures are followed and equipment is properly maintained to avoid endangering workers.
Independent Contractors In MassachusettsMichael Gove
This document summarizes Attorney Michael Gove's presentation on Massachusetts' independent contractor law (G.L. c. 149, § 148B) to the Employers Association of the NorthEast. It discusses the ABC test used to determine whether a worker is an employee or independent contractor, factors considered in each part of the test, examples of how courts have applied the test, consequences of misclassifying employees, and penalties for violations.
Scenario 1: The accident occurred late at night on a weekend from a single vehicle collision resulting in significant injuries. This raises red flags about a potential alcohol-related incident. Key steps would be to get a full statement, investigate the late reporting, obtain medical records and employment records, and determine if the claimant was eligible for benefits.
Scenario 2: The claimant suffered major injuries requiring two prosthetics. Payment priority would be the individual's extended health coverage first, then the spouse's, and lastly accident benefits. The claimant would likely be eligible for benefits through Alberta given it was a no-fault accident in another state.
Scenario 3: A worker claiming benefits after falling on ice during a coffee break would likely be
A work supervisor can be convicted under Section 15(3) of the act if they willfully or recklessly endanger worker safety or health. Examples given include failing to ensure proper safety equipment is worn, allowing faulty equipment to be used, or not reporting strange worker behavior that leads to an incident.
The key is moving from prescriptive to performance-based legislation is positive as it assigns liability more broadly and requires stakeholders to proactively manage risks. This recognizes various parties' roles in ensuring safety.
For an effective safety and health management system, keys include lowering costs, increasing productivity and morale through reducing hazards, and ensuring greater compliance through better working conditions.
Background Screening and Employer Compliance with the FCRA FYI Screening
This document provides information about employer compliance with the Fair Credit Reporting Act (FCRA) when obtaining background reports for employment purposes. It dispels common myths, such as that the FCRA only applies to credit checks or that criminal records are directly available from the FBI. Key requirements of the FCRA include obtaining written authorization, providing required notices and disclosures, following procedures for adverse actions, and considering reporting limitations and equal employment opportunity laws. The document is intended to educate employers on their legal responsibilities under the FCRA.
Visit us at www.insurancecommunitycenter.com to find the recorded presentation with the narrator!
Flip through the slides of this presentation and find out:
What does AB 2774 do?
What does it mean to the employer?
What are the implications?
What steps can an employer take to be pro-active and prepared?
What impact could this new law have on brokers?
Contact@insurancecommunitycenter.com
A deep rooted journey -edition- (2)with music clips PRABIR DATTA
The document discusses the origins and evolution of the ghazal form of poetry and music. It originated in Persia in the 10th century as poems praising kings and noblemen. When brought to India by Mughals, it developed further under Muslim rulers in the Deccan region. The 18th-19th centuries marked the golden age of ghazal, with Delhi and Lucknow as major centers. Ghazals are typically short poems of 7-12 couplets following a strict rhyme and meter structure, opening with a rhyming couplet setting the pattern for subsequent verses.
This document provides a history of geometry from ancient times through the modern era. It describes how early geometrical concepts and principles were developed by ancient cultures including the Egyptians, Babylonians, and Indians. It then discusses the significant developments in geometry by ancient Greek mathematicians such as Thales, Pythagoras, Plato, Aristotle, and Euclid. Euclid is credited with revolutionizing geometry by introducing logical rigor and the axiomatic method in his influential textbook The Elements. The document continues discussing later developments in geometry through Hellenistic times and the modern era.
This document is a training manual for AutoCAD 3D written by Kristen Kurland. It contains 18 chapters that describe various commands and techniques for controlling views, setting thickness and elevation, visualizing models, entering 3D coordinates, using the user coordinate system, and more. The manual provides step-by-step instructions for commands like VPOINT, SHADE, THICKNESS, UCS, and others to help users learn how to work in 3D. Each chapter contains copyright information and ends with an overview section summarizing the topics covered.
The complainant purchased two Kaspersky antivirus packages from Google Play Store using Airtel Money in May 2018, but the orders were cancelled due to difficulties activating them. Google Play and Kaspersky committed to refunding the ₹418 but despite repeated reminders over 5 months, the refund has not been issued, representing unfair trade practices by Google Play and Airtel. The complainant warns others to be cautious when purchasing from Google Play or using Airtel Money.
Fraud and cheating by quick heal antivirusPRABIR DATTA
The document is a complaint letter to Quick Heal regarding renewal prices. The customer renewed their Quick Heal Internet Security package and was charged Rs.2181.02, which is much higher than prices found on other websites. Some websites were offering the same package for as low as Rs.644 for one year. The customer is requesting a refund of the balance amount or renewal of their package for 3 years to match other prices.
The document discusses water pressure on lock gates used to transfer boats between different water levels on opposite sides of dams. It describes how lock gates work and how water pressure creates forces on the gates. Specifically, it explains that water pressure creates a force P on each gate, and the gates exert an equal and opposite reaction force F on each other. The total pressure is shared between the top and bottom hinges of each gate. Mathematical equations are provided to calculate the individual reaction forces on the top and bottom hinges based on the water levels, gate dimensions, and other parameters. As an example, calculations are shown to determine the force acting on each gate for a given lock gate configuration and water levels.
The total pressure on an immersed surface is the force exerted by the static fluid and is always normal to the surface. The center of pressure is the point where the total pressure force is applied. The document defines equations to calculate the total pressure and center of pressure for horizontally immersed, vertically immersed, inclined, and curved surfaces based on factors like the specific weight of the liquid, area of the immersed surface, depth from the liquid surface, moment of inertia, and angle of inclination.
Pianc hawser force for lock case studyPRABIR DATTA
This document summarizes innovations in defining and validating hawser force criteria for navigation lock design. It discusses the philosophy and classical approach to the hawser force criterion, which aims to limit forces on moored vessels during filling/emptying. The document also presents a case study of two locks in Antwerp, Belgium, discussing scale modeling, measurements, and numerical modeling results compared to published criteria. Finally, it outlines innovations like defining criteria based on vessel positioning systems, using in-situ measurements for validation, and applying numerical models as verification tools.
This document provides information about the 2nd international PIANC workshop on innovations in navigation lock design, which will be held on September 13-14, 2011 in New Orleans, USA, in conjunction with the SMART RIVERS 2011 conference. The workshop will include presentations on innovative lock design issues from the PIANC 2009 report as well as new experiences with innovative lock designs, including the new Panama locks. There will also be a half day session dedicated to ship behavior in locks and lock approaches. The document provides information on registration fees and contacts for administrative questions. It also includes an agenda with titles and authors of presentations that will be given at the workshop.
A lock is a device used on canals and rivers to raise and lower boats between stretches of water of different levels. It has a fixed chamber that can vary in water level. When a boat enters an empty lock, the chamber fills with water from the upper level, raising the boat. When full, the boat exits through the upper gates. For a boat going downstream, the process is reversed - it enters a full lock, which then empties to lower the boat to the lower level. Pound locks, first developed in China, have upper and lower gates that control water levels and allow boats to pass through. They are the most common type of lock used today on canals and rivers worldwide.
This document provides guidance on the design of lock gates and operating equipment at navigation projects. It covers various types of gates including miter gates, sector gates, vertical-lift gates, and submergible tainter gates. For each gate type, it discusses design considerations and applications. It also addresses general topics such as materials selection, load calculations, and corrosion control. The manual aims to aid engineers in the structural, mechanical, and electrical design of lock gates and associated machinery.
This document discusses the hydraulic and structural design of navigational locks. It describes the main components of a navigation lock including approach channels, lock pit, and filling/emptying culverts. It discusses design considerations for the lock pit, retaining walls, filling/emptying arrangement, and operating gates. It then provides details on the structural design of counterfort retaining walls for the specific lock, including assumptions, design loads, and stability analysis. It also discusses the inlet/outlet culvert structures for filling and emptying the lock.
This document provides an overview of state-of-the-art hydraulic design of ship locks in Flanders. It discusses filling and emptying systems used for several locks, including Royers Lock, the third set of Panama Locks, and the new Lock Terneuzen. Hydraulic research is conducted using physical and numerical models to analyze flow patterns, forces on ships, and optimize lock filling and emptying times while meeting safety criteria.
This document provides an overview of hydrostatics and the concepts of total pressure, center of pressure, and hydrostatic force on immersed surfaces. It discusses the total pressure on horizontally, vertically, and inclined immersed surfaces. It describes how to calculate the center of pressure on vertically and inclined immersed surfaces. The document also discusses hydrostatic force on curved surfaces and some applications of hydrostatics, such as water pressure on sluice gates.
This document summarizes an article on innovations in navigation lock design, as presented in a 2010 PIANC report. It highlights key aspects of lock gate design, particularly related to gate contact technology. The full report includes 56 case studies of innovative lock projects from around the world, categorized based on their innovative features. Examples are presented related to hydraulics, operation and maintenance, environmental considerations, design/construction, and other miscellaneous innovations. Gate contact solutions aim to limit maintenance needs and extend the service life of lock gates.
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This document provides information about a project to construct a second lock at the Port of Antwerp in Waaslandhaven, Belgium. The key points are:
1) The project involves building a new lock, roads, rails, technical buildings, quay walls, and other infrastructure to expand the port.
2) Maps show the location of the new lock and environmental compensation sites being created for displaced wildlife habitats.
3) The port of Antwerp is a major transportation hub located on the Scheldt River estuary, and this expansion aims to further develop the economy through increased shipping access.
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This document provides guidance on conducting maritime security exercises and drills in European ports. It begins with an introduction emphasizing the importance of practicing security procedures through regular drills and exercises, as required by international regulations. The document then provides detailed guidance on organizing, planning and evaluating various types of exercises, including tabletop, functional and full-scale scenarios. It includes examples of exercises conducted in European ports and offers tips, templates and resources for ports to design and implement their own security training programs. The overarching goal is to help ports effectively test their security plans and ensure personnel are properly prepared to respond to threats or emergencies.
This document provides information about the 2nd international PIANC workshop on Innovations in Navigation Lock Design, which will be held on September 13-14, 2011 in New Orleans, USA in conjunction with the SMART RIVERS 2011 Conference. The workshop will include presentations on innovative lock design issues from the PIANC 2009 report as well as new experiences with innovative lock designs such as the new Panama locks. There will also be a half day session dedicated to ship behavior in locks and lock approaches. The document provides information on registration fees, hotel booking, the schedule of presentations, and contact details for workshop and conference registration.
Pianc hawser force for lock case studyPRABIR DATTA
This document summarizes innovations in defining and validating hawser force criteria for navigation lock design. It discusses the philosophy and classical approach to the hawser force criterion, which aims to limit forces on moored vessels during filling/emptying. The document also presents a case study of two locks in Antwerp, Belgium, discussing scale modeling, measurements, and numerical modeling results compared to published criteria. Finally, it outlines innovations like defining criteria based on vessel positioning systems, using in-situ measurements for validation, and applying numerical models as verification tools.
This document provides an overview of asset and facility management. It discusses the importance of proper asset management given the growth in India's built environment. The National Building Code of India 2016 incorporates provisions around asset and facility management to promote the efficient planning, design, construction and maintenance of buildings and facilities. It outlines the contents of Part 12 which covers various aspects of asset management like organizational structure, methodology, maintenance of different building components, and more. Strategic asset management involves a holistic approach to maximize asset value through its lifecycle. Core competencies of asset/facility management include communication, emergency preparedness, environmental stewardship, finance, human factors, leadership, operations and maintenance, project management and quality.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
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Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
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In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
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This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
8. Applicability of the Cited Standard
There are several ways in which applicability may be an issue.In most instances,
an employer will agree that it is subject to OSHA’s regulation,but consider these
possibilities:
N You are a general contractor on a construction site when one of the subcon-
tractor’s employees is injured.Do you have any responsibility?
N You are a subcontractor but the general contractor neglected to inform
you about an important safety hazard on the worksite.Should you be the
one cited?
N You are an employer who hires an outside contractor to make repairs and
one of the contractor’s employees is injured.Could OSHA blame you?
N You use temporary workers hired from an agency—who is responsible for
their training?
N Did the conditions covered by the standard exist? If they don’t exist,there
cannot be a question of compliance or noncompliance.
Employer’s Noncompliance with the Standard
N Often an employer will think that it is in compliance,but OSHA will disagree.
N Sometimes an OSHA regulation cannot be followed because of an unusual
set of facts,but the employer will have attempted to use a safe alternative.
N An employer may agree that a standard was violated but contend that it was
because of unpreventable employee misconduct.
Employee Access to the Violative Conditions
N What if there is a hazardous chemical somewhere on-site but most workers
are in no danger of possible exposure?
N How about a machine without a guard but workers will never get close to it?
Employer’s Actual or Constructive Knowledge
Of the Violation
N If a supervisor knew about the violation or was responsible for it,the courts
will consider that the employer had knowledge.
N If there were supposed to be inspections that would have revealed the situa-
tion,the employer can be held responsible.
N If the employer could have known by exercising reasonable diligence,the
court will consider that there was knowledge.
2 OSHA Citations: Missteps to Avoid
10. Case No. 1: Secretary of Labor v.
Wal-Mart Super Center
(OSHRC Docket No. 03-0392)
Facts of the Case
Wal-Mart Super Center is a retail sales store in Hoover,Alabama.On November 21,
2002,based on a formal complaint regarding possible hazardous conditions in
the receiving area,OSHA CO Gwendolyn Marino conducted an inspection of the
stockroom/receiving area of the store and took photographs.She observed and
interviewed seven employees working in the area stacking boxes and unloading
trucks.The boxes,which blocked the aisles,were in plain view.
She spoke with Manager Glen Smith,who admitted that the receiving/stockroom
area had been full of boxes for the previous 3 or 4 weeks (since the beginning of
November) because of the upcoming holiday season.Previous decisions have
established that when a supervisory employee has actual or constructive knowl-
edge of the violative conditions,that knowledge is imputed to the employer.
The Secretary alleges a repeat violation of 29 CFR 1910.37(k)(2) and
proposes a penalty of $25,000.
On or about November 21,2002,in stockroom/ receiving area,boxes were being
stored in the aisle ways allowing minimal or no access to the exit throughout the
stockroom/receiving area.Wal-Mart Stores,Inc.,was previously cited for a violation
of the OSH standard which was contained in OSHA inspection number
300652641,Citation 1,Item 1,issued on 05/23/00,to the Waycross,GA,store #0556.
29 CFR 1910.37(k)(2) provides:
“(k) Maintenance and workmanship. (2) Means of egress shall be continu-
ously maintained free of all obstructions or impediments to full instant use in
the case of fire or other emergency.”
Section 1910.35(a) defines means of egress as“a continuous and unob-
structed way of exit travel from any point in a building or structure to a public
way and consists of three separate and distinct parts: the way of exit access,
the exit,and the way of exit discharge.”
The Secretary contends that the means of egress to the one emergency exit door
in the stockroom/receiving area was blocked by various obstructions.Of the four
aisles in the stockroom/receiving area,it was undisputed that Aisles 1,2,and 3 were
totally blocked by boxes of merchandise,a forklift truck,and part of a conveyor rail
system.Aisle 4 was partially blocked with boxes,but there was a 44-inch-wide path-
way (as measured by Marino) through the aisle.The regulations require a minimum
width of 28 inches for a single way of exit access (29 CFR 1910.37(f)(6)).
4 OSHA Citations: Missteps to Avoid
12. Wal-Mart Stores,Inc.,is an extremely large company employing over 1 million
employees,including 500 at this location.OSHA’s recommended penalties did not
include any reduction for gravity or good faith because the violation was repeat.
Wal-Mart,however,exhibited good faith and was cooperative during the inspec-
tion.After due consideration of the factors discussed above,it is determined that a
penalty of $5,000 is appropriate for this violation.
Case No. 2: Secretary of Labor v.
C. F. McDonald Electric, Inc. and
IBEW, Local Union 716
(OSHRC Docket No. 02-2234)
Facts of the Case
The citations were issued following the investigation of an accident in which a
worker was electrocuted.McDonald Electric has been in business as an electrical
contractor since 1956 and on NASA’s approved list of electrical contractors for
over 25 years.NASA awarded McDonald the contract to renovate the electrical
work for Building 37 at NASA’s Johnson Space Center in Houston,TX.
One phase of the project required the relocation of two generators at Building 37
to a new location across the parking lot.On August 29,2002,McDonald began to
physically relocate the generators.To move the generators,McDonald employees
had to disconnect them from the line that connected them to two separate junc-
tion boxes (J-boxes),move them by crane 25 to 30 feet,and reconnect them to
the J-boxes with the newly laid wires.The J-boxes contained power lines that con-
nected several different circuits.These circuits were connected to several different
power sources,including to Houston Utility Power inside the building,to the gen-
erators themselves,to battery chargers,to battery charger heaters,and to
crankcase heaters.
At approximately 7:30 a.m.,the project foreman,Steve Lovelace,tested the circuits
at both J-boxes with a voltage meter known as a“Wiggie.” The Wiggie measured
zero voltage.Lovelace told the crew to begin disconnecting the generators.After a
crew finished disconnecting the generators from their J-boxes,the crane operator
moved the generators to the new location.
Lovelace informed two electricians,Horace Blackmon and Ryan Henderson,that
he had already tested the circuits and found no voltage,and instructed them to
reconnect the larger generator to the J-box.While working at the generator,
Henderson had to reach over the plate and place his hand into the generator so
that he could see the wires.When he was placing the wires on the terminal strip
inside the generator,Henderson received an electrical shock,which caused him
6 OSHA Citations: Missteps to Avoid
14. The Secretary alleges a serious violation of 29 CFR 1926.21(b)(2),
which provides:
“The employer shall instruct each employee in the recognition and avoidance
of unsafe conditions and the regulations applicable to his work environment
to control or eliminate any hazards or other exposure to illness or injury.”
“An employer complies with 1926.21(b)(2) when it instructs its employees about
the hazards they may encounter on the job and the regulations applicable to those
hazards.”McDonald’s electricians are members of International Brotherhood of
Electrical Workers (IBEW) Local 716,whose apprenticeship program is conducted
by the National Joint Apprenticeship Training Committee.McDonald develops a
specific Hazard Communication Plan for each project site at NASA.McDonald has a
written safety program,which requires regular safety meetings.Lovelace conducted
weekly safety meetings on the NASA jobsite.During these meetings,Lovelace
instructed the employees in the recognition of hazards on the jobsite.On June 10,
2002,Lovelace held a safety meeting (which Blackmon and Henderson attended)
where he addressed the use of personal protective equipment (PPE) and what to
do in the event of an unsafe situation.
McDonald has demonstrated that it instructed its employees specifically in the
recognition and avoidance of hazards they were likely to face on the project.The
Secretary has failed to establish a violation of 1926.21(b)(2).
Alleged serious violations of 1926.28(a), 95(a), and 102(a)(1) all cite
standards requiring the use of PPE.The cited standards provide:
1926.28(a): “The employer is responsible for requiring the wearing of appro-
priate PPE in all operations where there is an exposure to hazardous condi-
tions or where this part indicates the need for using such equipment to
reduce the hazards to employees.”
1926.95(a): “Protective equipment,including PPE for eyes,face,head,and
extremities,protective clothing,respiratory devices,and protective shields and
barriers,shall be provided,used,and maintained in a sanitary and reliable
condition wherever it is necessary by reason of hazards of processes or envi-
ronment,chemical hazards,radiological hazards,or mechanical irritants
encountered in a manner capable of causing injury or impairment in the
function of any part of the body through absorption,inhalation,or physical
contact.”
1926.102(a)(1): “Employees shall be provided with eye and face protection
equipment when machines or operations present potential eye or face injury
from physical,chemical,or radiation agents.”
It is undisputed that neither Blackmon nor Henderson,nor any of the other mem-
bers of Lovelace’s crew,were wearing any form of PPE,including lineman’s
sleeves,low voltage gloves,or eye and face shields.
McDonald furnishes PPE for its employees working on circuits that could be reen-
ergized,including lineman’s sleeves,low voltage gloves,and face and eye equip-
ment.The PPE was available in McDonald’s gang box on the site and in
McDonald’s truck parked at the site.
8 OSHA Citations: Missteps to Avoid
16. In order to establish unpreventible employee misconduct,the Review
Commission requires an employer to prove that it has:
N “Established work rules designed to prevent the violation
N “Adequately communicated these work rules to its employees
N “Taken steps to discover violations
N “Effectively enforced the rules when violations are discovered”
Facts of the Case
Structural Building Systems,Inc.(SBS) supplies labor to contractors for concrete
placement,carpentry,and steel erection work in Ohio.On December 31,2002,SBS
employees were engaged in steel erection work for a new middle school in Bay
Village,OH,when an ironworker sustained head and other injuries after falling
approximately 20 feet.The ironworker was not utilizing any fall protection.
On New Year’s Eve,December 31,2002,a crew of six ironworkers started work at
approximately 7:00 a.m.The weather was misty and hazy.The temperature was
approximately 35 degrees Fahrenheit.As the morning progressed,it began to rain
and sleet.
Because the steel was becoming“pretty wet and slippery,”superintendent Michael
Cooper and foreman Anthony Hejl elected to“wrap it up”after the morning break
and not lay any roof decking.Before going home,foreman Hejl directed the crew
to tie down the decking bundles and secure the job.
While other employees were securing the materials,foreman Hejl asked employee
Troy Yates,who was also on the roof,to assist him in moving a 20-foot piece of
2-inch x 2-inch steel tubing several feet over steel joists to be welded before the
roof decking was installed.The tube weighed approximately 200 pounds and was
lying on a piece of unsecured steel decking next to a mason wall.The roof was
otherwise framed in joists and trusses.No other pieces of roof decking were in the
area.The roof was approximately 20 feet above ground level.
AsYates,who was in the lead,moved the steel tube over the steel joists,the end of
the steel tube Hejl was holding struck the mason wall which caused the tube to
vibrate and Yates to lose his balance.Yates fell approximately 20 feet to the con-
crete floor.Although both men were wearing harnesses and lanyards,neither Yates
nor Hejl was tied off or utilizing any fall protection.Hejl testified that he was sim-
ply in a hurry to move the steel tube and end the work for the day.
As a result of the fall,Yates sustained head,face,and arm injuries and was in the
hospital for several weeks.At the time of the hearing in this case,he had still not
returned to work.
Citation
The citation alleges that SBS’s ironworker was not protected from a fall hazard
while working on a single sheet of steel deck approximately 20 feet above the
ground.The citation proposes a penalty of $4,200.SBS contested the citation.
10 OSHA Citations: Missteps to Avoid
18. Adequate enforcement is also viewed as a critical element of the employee mis-
conduct defense.To show that an employer’s disciplinary system is more than a
paper program,an employer must have evidence of actually administering the dis-
cipline outlined in its policy and procedures.There should be a showing that dis-
ciplinary action progressed to higher levels of punishment designed to provide
deterrence.Besides receiving verbal and written reprimands,there is also no
showing that any employee received a suspension,lost pay,or was terminated for
safety infractions.Evidence showing a failure to progress to higher levels of disci-
pline may show ineffective enforcement.Also,the repeated noncompliance of
work rules and the number of employees involved in misconduct are indications
of ineffective enforcement.
Based on the presence of foreman Hejl and the exposure to a fall hazard of
approximately 20 feet without fall protection,the violation was properly classified
as serious.Hejl’s knowledge of the unsafe condition is imputed to SBS.Also,Yates’s
injuries show the serious nature of the violation.Employee Yates suffered head
and face injuries.He spent several weeks in the hospital,received worker’s com-
pensation,and as of September 20,2003,has been unable to return to work even
in a plant job.
A serious violation of 1926.760(a)(1) is AFFIRMED and a penalty of $4,000 is
assessed.
Case No. 4: Secretary of Labor v.
White Wave, Inc.
(OSHRC Docket No. 03-0962)
Facts of the Case
On February 26,2003,OSHA CO Todd Zentner conducted an inspection of White
Wave’s worksite.Zentner testified that he spoke with Charles Turner,an employee
who worked both in White Wave’s formulations and tempeh cooker area,regard-
ing his use of Daybright Bleach in the course of his work.Approximately four
times a week,Turner adds half of a 1-gallon bottle of bleach to a stainless steel
“hopper”; he then fills the hopper with 20-25 gallons of water and attaches it to a
steam kettle in the area.
Zentner testified that bleach,which is comparable to the Clorox one would buy at
any grocery store,contains sodium hyperchloride,an eye and skin irritant.The
concentrations in which the bleach was used were lower than those used by ordi-
nary consumers of such bleach.Zentner stated that White Wave’s use of the
bleach differed from that of an ordinary consumer in that Turner poured the
bleach directly from the bottle into the hopper,creating a splashing hazard.The
CO felt,therefore,that PPE was required for performance of the task.
12 OSHA Citations: Missteps to Avoid
20. North 7700 half-face negative pressure,air-purifying respirator during the addi-
tion of chicken mix because employees were exposed to dust from the addi-
tion of food ingredients.
At the hearing Turner testified that,as part of his job in White Wave’s formulation
area,he pours powdered products into a tub,which is part of a machine that
mixes the ingredients,weighs them out,and packages the resulting product.
According to Turner,White Wave requires him to wear some kind of mask to cover
his nose and mouth while working in formulations.Turner stated that when he
first started working in the area,he used a paper dust mask.Shortly thereafter,Bill
Holden,the plant manager,offered to provide him with a 1⁄2-mask respirator with
disposable filters.Turner felt that the 1⁄2-mask did a better job of keeping out the
dust particles,and decided to continue using it.White Wave provided him with,
but did not require him to use,the 1⁄2-mask respirator.
White Wave’s October 2002 Hazard Assessment Respondent identifies dust as a
risk present in the formulations area.The assessment states that dust masks shall
be used when mixing dry ingredients.CO Turner stated that if a dust mask,rather
than a respirator,was required in the formulations area,there would be no viola-
tion of the cited standard.
The evidence in this case establishes that White Wave’s employee Turner was not
required,but voluntarily chose,to wear the cited 1⁄2-mask respirator.The cited
standard is inapplicable to the facts established at the hearing; therefore,this item
will be VACATED.
The Secretary alleges a repeat violation of 1910.1200(h).
29 CFR 1910.1200(h)(1): “Employees were not provided with effective infor-
mation and training as specified in 29 CFR 1910.1200 (h)(1) and (2) on haz-
ardous chemicals in their work area at the time of their initial assignment and
whenever a new hazard was introduced into their work area.”
The Secretary further alleges that the employer did not ensure employees
were provided effective information and training pertaining to hazardous
chemicals used in the workplace.Therefore,employees were exposed to skin
and eye irritation from contact with chemicals such as,but not limited to,
Daybright Bleach.
At the hearing,Turner testified that the day he was hired by White Wave,he went
through an orientation program that included training in hazard communication,
and was informed about the hazards associated with chemicals he would be
working with,including bleach.On June 6,2002,Charles Turner signed off on
White Wave’s new employee packet,indicating that he had received the hazard
communication orientation.
White Wave’s evidence establishes that employees in the tempeh department
did not use bleach significantly more frequently than a consumer with a lot of
laundry.
14 OSHA Citations: Missteps to Avoid
22. “A willful violation is differentiated by a heightened awareness—of the illegality of
the conduct or conditions—and by a state of mind—conscious disregard or plain
indifference.There must be evidence that an employer knew of an applicable
standard or provision prohibiting the conduct or condition and consciously disre-
garded the standard.Without such evidence,there must be such reckless disre-
gard for employee safety or the requirements of the law generally that one can
infer that if the employer had known of the standard or provision,the employer
would not have cared that the conduct or conditions violated it.It is therefore not
enough for the Secretary simply to show carelessness or lack of diligence in dis-
covering or eliminating a violation.A willful charge is not justified if an employer
has made a good-faith effort to comply with a standard or eliminate a hazard
even though the employer’s efforts are not entirely effective or complete.”
COYurczyk testified that the willful classification was based on the fact that the
company had been previously cited under the same standard,and on the fact
that NTC had made efforts to obtain guards but had not gotten all of the guards
needed for the knitting machines.Cheryl Eldridge,a threader,operator,and union
steward,testified that a Safety Guard Team was formed and had recommended to
management that they obtain guards for two reasons—one,to prevent dirt,oil,and
grease from getting on the knitted fabric,and two,safety.William Paculavich,NTC’s
president,testified that he did not believe that the chains and sprockets were a
hazard and that they had never caused any injuries.
Mr.Paculavich appeared to be a sincere and credible witness.Because citations in
1996 (5 years ago) based on similar conditions were withdrawn,he did not
believe the mill was required to have guards on the take-up and selvage puller
chains and sprockets.On the basis of the evidence of record and all the circum-
stances in this case,the administrative judge concluded that the Secretary had not
shown the“heightened awareness,”“conscious disregard,”or“plain indifference”
required to demonstrate a willful violation.The violation is accordingly AFFIRMED
as serious.
In determining an appropriate penalty,the CO considered the violation to be of
medium severity and the probability of a resulting accident or injury to be low.As
such,the penalty was set at $2,000,but credits were given based on the size of the
company (220 employees),good faith,and the fact that there had been no OSHA
violations in the past 3 years.The resulting penalty after these factors was $900.
16 OSHA Citations: Missteps to Avoid