Whirlpool Objective Standard

The objective facts are as follows: in 1973, several plant workers fell partway through the screen. One worker fell through to the floor of the plant below but survived. Afterward, Whirlpool began replacing the screen with heavier wire mesh, but a maintenance employee fell to his death in 1974 through a portion of the screen that had not been replaced. The company responded by making additional repairs and forbidding employees to stand on the angle-iron frame or step onto the screen. An alternative method for retrieving dropped objects was devised using hooks. Workers then were forbidden from walking on the wire mesh.

However, Virgil Deemer and Thomas Cornwell, two maintenance workers felt things were not safe. On July 7, 1974, they met with the plant maintenance supervisor to express their concern about the safety of the screen. At a meeting with the plant safety director two days later, they requested the name, address, and telephone number of...

The safety director warned the men that they "had better stop and think about what they were doing," but he gave them the requested information. Deemer called the OSHA representative later that day to discuss the problem. They refused to do routine maintenance work over an old section of the screen, claiming that the work was unsafe. The foreman ordered the two employees to punch out. They lost wages for the six hours that they did not work that night and received written reprimands that were placed in their personnel files.
Subjective Standard

It does appear that the men may have been set up. The safety director warned the men that they "had better stop and think about what they were doing," but he gave them the requested information. Certainly, the safety director might have been expecting the men not to do work over the old screens in protest. The reprimands as well as the disciplinary…