Once the amendment procedure has been implemented, the standard is published. At this stage legal challenges can again be mounted which can further delay the enactment of the proposed standard.
As evidenced by the explanation of the process that OSHA must use in order to place a standard in place it is easy to understand the problem that OSHA has in affecting any expedient change in the workplace. The extended nature of this process has made it difficult for OSHA to react to problems and confusions relative to the enforcement of its rules and standards. If they were forced to start over every time an ambiguity or contradiction appeared, the safety enforcement process would come to a standstill. To avoid this occurring, the agency has developed an informal opinion letter process wherein the agency provides guidance to employers as to how best to comply with a particular standard. This often…… [Read More]
OSHA VPP Star Program
This instruction defines and applies a revised OSHA Strategic Partnership Program for Worker Safety and Health (OSPP) and defines Agency measures for executing this type of program. Also, this strategy will be used to benefit the company. This directive explains and utilizes a revised OSHA Strategic Partnership Program for Worker Safety and Health (OSPP) with the company and sets forth events to instrument this program. This strategy will talk about the things that the company will need in order to be prepared for the inspection and to be able to pass the evaluation process to become a part of the OSHA Strategic Partnerships (OSPs).
OSHA VPP STA POGAM
Why we need the Program?
esources needed from Executive Management
OSHA VPP Star Program
Why we need the Program?
Our company here in Orlando, FL recognize that workers and employers that…… [Read More]
Worker right-to-know laws protect workers by legally obliging employers to divulge information about workplace hazards. Hazard communication standards require employers to "comprehensively" teach employees about hazardous materials in the workplace via such methods as "container labeling and other forms of warning, material safety data sheets and employee training," ("Hazard Communication").
Workers' Compensation is, like OSHA, covered by the United States Department of Labor. However, the Department of Labor's Office of Worker's Compensation Programs (OWCP) only offers workers compensation to certain industries including federal employees but also energy employees, longshore and harbor workers, and coal miners. All workers' compensation claims not covered by the Department of Labor must be filed with the individual state's Department of Labor. Workers' compensation generally offers remuneration or job security in the case of workplace-related injury or illness.
OSHA also promotes safety via built-in incentives for employees. Incentives help companies minimize costs while creating a safer…… [Read More]
Complainant vs. E.C. Concrete Inc.
ECC is a commercial constructions contractor within the Florida region. The company has been conducting business in the Florida regions since 1992. The company employs a small group of approximately 40 employees. Its primary competitive advantage is its expertise within the multi-story commercial concrete work. ECC is the only company in the northeast Florida region that provides concrete work on multi-story buildings.
On January 15, 2012 ECC was hired to expand the Omni Amelia Island Plantation esort within Fernandina Beach, Florida. The primary role of ECC was to provide concrete forming, pumping, placing, and finishing of 5 buildings. The project was scheduled to be take a year to complete, and in February 2013, work was concluded.
Prior to completion, an incident involving ECC staff occurred on August 1, 2012. According to records, an ECC staff member, with the assistance of a crane,…… [Read More]
According to the General Guidelines regarding Employee Heath and Safety, every employer "shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." (OSHA, 2005) In this particular case the employer General Dynamics did technically follow these guidelines as set forth by OSHA, even though the ultimate result was harmful to the employee's state of health. The employer in question did follow all of the legal specifics regarding the use of the toxic solvent, in terms of ventilating the tanks and only using skilled vs. unskilled personnel to enact the cleanup. The legal guidelines regarding cleaning the area and using Trinchloro were within OSHA standards. True, in its gaseous state, the solvent may cause serious illness or death. But the manner in which the tank…… [Read More]
The hand-held grinders used in finishing could lead to massive injuries.
Four Written Programs
90.95: Occupational noise exposure. The written program outlining the guidelines to be posted and distributed is necessary to apprise the employees not only of the laws and regulations, but also of the potential risks to their hearing.
90.04: Oxygen. The written program for oxygen use, such as the oxy-acetylene torch, requires proper placarding and operating instructions be posted in the vicinity of operation to minimize the risk of accidents.
90.27: Mechanical power presses. The label that must be affixed to each press regarding current certification and pertinent safety record information and operation, as well as records of certification and safety issues, will help to maintain a safe working environment and track record for the presses.
90.45: Specifications for accident prevention signs and tags. The appropriate markings for various safety hazards and accompanying signage in convenient locations…… [Read More]
OSHA and on the Waterfront
Signed into law on December 29th, 1970 by President ichard M. Nixon, the Occupational Safety and Health Act recognized the government's role in protecting the American worker from hazards and threats in the workplace. Throughout most of the industrial age, the safety of the worker has been of little concern to those who own and operate businesses. And while the concerns for the safety were forced upon the owners of businesses, mostly through the pressure of unions, the government spent little effort disrupting the profits of business by inserting itself into the issue. That was until the late 1960's when American society became much more aware of the rights of various groups, including workers, and demanded that the safety of the worker be considered as a major concern.
The Occupational Safety and Health Act created the Occupational Safety and Health Administration (OSHA), a federal agency…… [Read More]
The research established that OSHA plays an important role in ensuring that people remain safe in the workplace. The organization is responsible for conducted inspections and responding to complaints. The research indicates that although OSHA is instrumental to ensuring the safety of American workers, the organization has experienced some scrutiny associated with the manner in which it is managed. The research found that OSHA is often riddled with problems associated with other government agencies including a slow bureaucratic process. However OSHA is attempting to become more educational and communicative as it pertains to how it associates with employers. However, it can be concluded that OSHA is necessary and needed to guarantee that businesses and organizations comply with the health and safety standards that keep employees and customers safe.
Gaudio Beth (2005) OSHA Inspection... Can it Happen to You? NFIB Legal Foundation. etrieved July 26 from; http://www.nfib.com/object/IO_19802.html
Kim, D. (2008).…… [Read More]
OSHA Safety Standards
KEEPING INDUSTRIAL HAZARDS AT AY
Priority Applicable Standards
These are (OSHA, 2015):
Eye and Face Protection 1910.133 -- the employer is obliged to provide employees with suitable protection for eyes and faces when they expose themselves to certain hazards. These include flying particles, melted metals, liquid chemicals, acids and other acidic liquids, chemical gases or fumes, and possible damaging light radiation. Detachable side protectors shall be provided to protect them from hazards from flying objects. Those wearing prescription lenses shall also incorporate the lens prescription in its design. Filter lenses shall also be provided to protect from possible injuries from light radiation
Head Protection 1910.135 -- employees working in areas exposed to head injuries shall be provided with protective helmets. These helmets shall reduce the impact of the electrical shock hazard when they get close to electrical conductors. These head protective coverings shall be designed according to…… [Read More]
These sites typically do not start out with such low rates. Reductions in injuries and illnesses begin when the site commits to the VPP approach to safety and health management and the challenging VPP application process." (Department of Labor1, 1)
This denotes that the impact of this program on safety has been an overall improvement of worker conditions in contexts qualifying for the protection in question. This also spares OSHA resources by reducing the necessity for regularly scheduled inspection visits.
Subordinate to the Voluntary Protection Program but called into action in 2006, the Challenge Program was created to provide critical support and resources to those businesses taking the initiative to improve safety and health standards. According to the Department of Labor, the major contribution of the Challenge Program to general worker health and safety is its proliferation of innovative electronic tools for monitoring safety compliance.
The Department of…… [Read More]
It is the common opinion that as of date the FAA does not protect the flight attendants. Ten percent of the employees out of thirty one thousand flight attendees still report injuries. (Wood, 2000)
There are no requirements for personnel even to record or report injuries in the program of OSHA. This is not implemented by the Federal Aviation egulations. OSHA is ignored by most entities while most industries adopted the OSHA. It is to be noted that "the FAA's safety and health qualifications are pretty slim. That's not what FAA regulators do. Their interest in safety tends to be limited to the safety of the airplane" (Wood, 2000) the FAA does not want to implement the OSHA guidelines based on the argument that it is difficult to bifurcate authority and implement something on a service that extends beyond the United States. The FAA however claims that it is reviewing…… [Read More]
experienced workplace violence?
When I was very young and working at my first place of employment, someone who was drunk and disorderly had to be removed by the police. Fortunately, the police were able to come quickly given that I was not well-briefed on how to deal with such incidents at the time. Since then, I have not encountered any extreme workplace violence other than the occasional resistance of a child during treatment.
Based on the OSHA fact sheet what are some of the risk factors for becoming a victim of workplace violence?
While all workers can experience violence in the workplace, there are indicators that nurses and healthcare workers in general may be especially vulnerable. According to OSHA, workers who handle money; deliver passengers or goods or services; work alone or with few people around; work late or during the very early morning (typical nursing shifts); in high-crime areas…… [Read More]
employed by firefighters. Over the course of this report, there will be a definition of what the "two in, two out" procedure is, why it is important and so forth. Further, there will be a summary of interviews with at least two different firefighters of sufficient rank and experience that are thus qualified to speak to whether there is compliance with the "two in, two out" rule within their departments. Beyond that, the author of this report will offer a personal perspective about the practice within fire departments as well as exterior sources that review and analyze the topic as well. While many rules and procedures may seem pointless and silly to some, anything that pertains to safety in a hazardous job should not be taken lightly and the "two in, two out" procedure is certainly emblematic of this fact.
Two In, Two Out Defined
As explained by the Utah…… [Read More]
Personal Protective Equipment for a Woodworking Shop
A modern woodworking shop is replete with a wide range of hazards that must be taken into account in their design and operation, including the need for appropriate personal protective equipment for individual employees (Tizard, 2009). Using Subpart I, Appendix B of the Occupational Safety and Health Administration's (OSHA) Personal Protective Equipment Standard as a guide, this paper provides an assessment of a woodworking shop to determine what hazards are present that necessitate the use of personal protective equipment. Based on this assessment, appropriate personal protective equipment are identified and recommended for use by affected employees. Finally, a summary of the research and important findings concerning workplace hazard assessments are presented in the conclusion.
Workplace Assessment. Although every woodworking shop is unique in some fashion, it is possible to conduct a hazard assessment that can identify potential hazards that are specific to the…… [Read More]
The Occupational Safety and Health Act (OSHAct) of 1970 was passed by Congress in order to make sure that every working person in the country had safe and healthful working circumstances and to preserve human resources. Under the OSHAct, OSHA was put into place within the Department of Labor and was sanctioned to control health and safety conditions for all employers with very few exceptions. OSHA was created in order to:
persuade employers and workers to decrease workplace dangers and to put into practice new or advance existing safety and health principles make available research in occupational safety and health and build up innovative ways of dealing with occupational safety and health problems set up separate but dependent tasks and rights for employers and workers for the attainment of better safety and health circumstances uphold a reporting and recordkeeping system to watch job-related injuries and illnesses found…… [Read More]
NFPA and OSHA in Fire Service:
The National Fire Protection Association is a global nonprofit organization that was founded in 1896 to lessen the burden of fire and other hazards throughout the globe. The organization seeks to enhance the quality of life through offering and supporting universal codes and standards, training, research, and education that focus on dealing with hazards. Given its membership and presence in almost 100 countries, NFPA is regarded as the leading supporter of fire prevention and a powerful source on public safety. In contrast, the Occupational Health and Safety Administration is a governmental agency that focuses on regulating safety in the workplace. The organization is a federal agency within the U.S. Department of Labor whose emphasis is to promote and strengthen safer and healthy workplaces throughout the country. Consequently, OSHA and NFPA play a crucial role in fire service because of their focus on enhancing workplace…… [Read More]
An OSHA Guidelines Summary
Cotton dust poses a series of risks to human health and is a controlled toxic and hazardous substance in Occupational Safety & Health Administration's (OSHA) catalogue. The substance is defined as (OSHA, N.d.):
"Cotton dust means dust present in the air during the handling or processing of cotton, which may contain a mixture of many substances including ground up plant matter, fiber, bacteria, fungi, soil, pesticides, non-cotton plant matter and other contaminants which may have accumulated with the cotton during the growing, harvesting and subsequent processing or storage periods. Any dust present during the handling and processing of cotton through the weaving or knitting of fabrics, and dust present in other operations or manufacturing processes using raw or waste cotton fibers or cotton fiber byproducts from textile mills are considered cotton dust within this definition."
Furthermore, more specifically, OSHA's guidelines regarding Cotton Dust only…… [Read More]
OSHA Uses as Opposed to Other Organizations
OSHA a 5 dB exchange rate, ACGIH, DoD, organizations a 3 dB exchange rate. Explain The exchange rate depicts an increase or a decrease, an aspect that corresponds to halving or multiplying the noise dose by a factor of two. Assuming similar duration of exposure, a dose of 90dB occurs as twice that of 85dB with the use of a 5db exchange rate. The 3dB (A) exchange rate occurs as stringent based on its maximum permitted duration of 15 minutes in a scenario of a 100dB (A) noise exposure. On the other hand, maximum duration for a 5dB (A) exchange rate with the same conditions occurs as one hour. Proponents of the 3dB exchange rate rule point to the logicality that doubling the sound level should result in halving of the allowable exposure time (Harbison, Bourgeois, & Johnson, 2015)
OSHA utilizes…… [Read More]
Adoption of this practice will ensure that accidental energization of power lines from back feed electrical energy from generator. Hence this will help in safeguarding utility line workers from possible electrocution. The generators need to be turn off and allow them to cool prior to refuelling. (Occupation Safety and Health Administration, n. d.)
(ii) Power lines: Safety measure are required to be adopted from overhead and underground power lines as they carry very high voltage current. Fatal electrocution is the main impending risk as also burns and falls. The safety precautions that are required to be taken are (a) Overhead and underground power line indicators need to be looked. (b) it is important that one stays 10 feet at the minimum from overhead power lines and take for granted that they are energised. (c) Lines need to be de-energised and grounded when people are working in close proximity. (d) While…… [Read More]
OSHA and EPA are the only federal agencies protecting the safety and health of the U.S. public. While, OSHA concentrates on issues of workplace safety, EPA on the other hand, has a wider scope. The two have different legal authority: EPA applies to offsite effects while OSHA is for on-site effects. In the aviation industry, the hazard evaluation team is obliged to assess the hazards, likely to affect the environment or public offsite. Suitable employee protection measures are likely to imperil the public (Smith & Kriebel, 2010).
In the aviation sector, the joint OSHA team identifies various hazards expected to be addressed by the hazard communication standards of OSHA. They entail hazards posed by jet fuel vapors, commercial cleaning agents and combustion de-icing chemicals, bi-products, medication and compressed oxygen present in emergency medical kits. Workers are likely to be exposed to cleaning agents as they are used by airline cleaning…… [Read More]
The issue in question is that of developing a standard for injury and illness prevention programs. OSHA notes in the white paper that many companies have such programs already, and that some states have also implemented standards for these types of programs. But OSHA also notes that adoption of this type of program is not universal. Many small businesses, for example, find the implementation of such programs to be onerous in particular with respect to cost and manpower. Thus, it is proposed that national standards be adopted as a means of helping more workers receive this sort of training, and to have more companies implement injury and illness prevention programs. The motivation for OSHA is clear. The organization has a mandate to reduce workplace injuries, yet its data shows that 4500 workers die on the job each year, and 4.1 million workers "suffer a serious job-related injury or illness"…… [Read More]
Boosting job satisfaction by offering employees safety nets should they get MSD or offering as many preventative measures as possible will lead to a corporate culture more conducive to long-term profitability. Firms should move away from the prevailing business model that discounts employee satisfaction (and employee health) and shift toward a more holistic vision of business. No industry or organization will fare well for long if they cannot maintain a healthy workforce. Firms and their leaders also have an ethical obligation to provide their employees with the best ergonomic equipment and the latest knowledge about MSDs.
MSDs are not a problem, regardless of arguments that insufficient research backs up OSHA's claims. Enough research is available and enough case studies testify to the problem. The federal government absolutely should intervene and mandate complete coverage for MSDs because one of the purposes of government is to help maintain public safety.… [Read More]
The penalties for being out of compliance when OSHA comes knocking should be enough to motivate any healthcare facility to devise a plan to make sure that they are in compliance with OSHA's regulations. The startling thing is that it took an initiative like NEP to wake these facilities up and get them thinking about being compliant. Since they deal with people and their well being on an everyday basis, these are things that they should have been doing all along and not just because there is an increased probability of getting into trouble by OSHA.
Harris, S. (2012). OSHA in Health Care: Out of Sight & Out of Mind? etreived from http://ohsonline.com/articles/2012/04/01/osha-in-health-care.aspx
Healthcare workers. (2012). etrieved from http://www.cdc.gov/niosh/topics/healthcare/
New OSHA inspection initiative focuses on healthcare. (2011). etrieved from http://www.puresafety.com/public/workingwell/?p=1209#.UAa4aFJ6EM
Occupational Safety and Health Administration ("OSHA") Targets Nursing and esidential
Care Facilities. (2012). etrieved from http://www.hancocklaw.com/p/OSHA_Newsletter_212_May_H1768037.PDF
Prepare Your Facility…… [Read More]
department employed about 100 men and women to create the wiring and connect it to different universal couplings so that speedometers, oil gauges, and other instruments would work. The final product, an under-dash wiring harness, was sent to the assembly plant for installation.
Sam developed a relationship with one of his employees, Paula, and they began dating. Paula later ended the relationship with Sam. Sam wanted to continue dating Paula, and he began exhibiting unwelcome behaviors, even after she told him to stop. Sam suggested that Paula's work might be suffering from a lack of interest.
Paula decided she could no longer work with Sam and applied for a transfer to the wire-coating department, which was not under his control. Sam blocked the transfer, citing evidence that chemicals used in wire coatings could harm an early-state fetus. Because Paula could become pregnant, Sam argued, NewCorp could not take the chance…… [Read More]
Voluntary Protection Program
Occupational Safety and Health Administration (OSHA) has undertaken to develop a matrix that guides employers at work places that would significantly reduce their vulnerability to terrorist attacks as well as reduce the effect of the explosion if any arises hence increasing the internal security of each employee within the premises among other major policies formulated to protect employees at workplaces (Counter Terrorism, 2011).
Voluntary Protection Programs therefore works with OSHA and national Bureau of Labor Statistics in ensuring the safety of the employees at work. VPP is mandated with recognizing employers and employees within the private sector and federal agencies that have effectively implemented the safety and health management systems. They also recognize such organizations that have maintained the injury and illness rates of the employees below the average of the national Bureau of Labor Statistics (United States Department of Labor, 2013).
The VPP they work in…… [Read More]
However, recent spot checks suggest that many operators are unaware of the risk and therefore have not taken precautions to prevent dangerous concentrations of CO (NIOSH, 1984). This could prove to be fatal.
When employees are around aircraft it is important to practice the utmost safety, in order to ensure the safety of the ground crew, the people are on board of the aircraft, and all other employees involved in the handling of the flight line. Individuals must watch and listen for newly arriving or passing aircraft. If driving, employees must keep a proper distance from the aircraft and drive slowly, at 5 miles per hour only (AFOSH, 2003). Caution must also be taken with forklifts and k-loaders, as they must be lowered while aircraft is moving.
When working at night and around hazardous equipment, employees must utilize luminous wands, practice safe driving techniques, as those mentioned above, and use…… [Read More]
American business has grown over the past several decades, so have the number of laws, rules, and regulations governing the operation of such business. These laws and regulations are generally of types: 1) to promote market competition and to keep the power of large corporations under control, and 2) to mitigate the adverse effects of business activity on individuals and organizations. These laws and regulations are often beneficial but they come at a cost. These costs are not always obvious but they include the cost of compliance as well as the increased risk of litigation. These costs affect all businesses no matter how large but they hit smaller businesses particularly hard. The purpose of this paper will be to examine the various laws and regulations affecting employee safety in the United States and determine their advantages and disadvantages.
Employment laws, regulations, and policies have become burdensome for American businesses. Whether…… [Read More]
Evaluate three programs related to OSHA and employers' obligation to follow or participate in them.
The Occupational Safety & Health Administration has a mission to "assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance" (OSHA, 2014).
One of the outreach programs is with the construction industry, an industry that has a history of being one of the more dangerous businesses for worker safety. There are 10-hour and 30-hour classes that OSHA runs for its authorized trainers in the industry. The ten-hour class is "intended for entry level workers," while the 30-hour class is intended for "supervisors or workers with some safety responsibility." The program includes tips on the "recognition, avoidance, abatement and prevention of safety and health hazards" (OSHA, 2014). There is also information about workers' rights and filing complaints. This program is strictly…… [Read More]
Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).
In the case of American Canine Foundation v. City…… [Read More]
It is involved in enforcing effective standards, assist and foster employers to maintain safe and healthful working conditions and to provide necessary environment for its effective enforcement, research, information, education and training in the area of occupational safety and health. By means of this Act the California workers have been guaranteed that they would have the rights to attain orientation training from the employer in relation to the workplace hazards and the rights of the labor force. They might request for the necessary information in relation to the injuries and illnesses in the workplace. Also information on hazardous substances in the workplace like material safety data records could also be requested. The workers also have the right to request the employer for taking up corrective measures and methods for avoiding hazards. (Division of Occupational Safety and Health (DOSH))
In similar ways many states have enacted their own OSHA approved laws…… [Read More]
Then, in the case of just cause, these mechanisms are employed only when necessary, such as the identification of unethical of illegal behavior on the part of an employee. When severe disciplinary action has to be taken, such as the dismissal of an employee, this would have to be supported by due process and just cause (Sison, 2010).
2) Free speech and individual's rights
Employers might strive to limit the free speech of their staff members in order to prevent the spreading of any fact of perception that might damage the reputation of the entity. While this attitude might have some benefits at the business level, it would also raise some concerns at the level of individuals' rights.
In this order of ideas, the business gains would materialize in the control of the information which impacts employee motivation as well as the image of the firm (Daft, 2009). Still, it…… [Read More]
Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).
NewCorp has a strong case that…… [Read More]
Mobility impairment would be impossible because of the use of machinery such as forklifts. Hearing/visibility impairment would compromise communication, which OSHA lists as the #2 safety concern in warehouses. Mental impairment could compromise the worker's ability to make sound decisions -- given that the consequences extend to grievous injury and death it would not be reasonable to accommodate that disability either.
5) The relevant OSHA requirements for this position are to have proper lockout/tagout procedures; to ventilate the warehouse; to keep floors and aisles free from clutter, to install proper guards on exposed or open dock doors, that workers must have periodic rest breaks, that employers must factor in the proper amount of time to complete tasks; and employees must receive ergonomics training and be trained to recognize heat stress.
OSHA. (2004). arehousing. OSHA. Retrieved February 3, 2010 from http://www.osha.gov/Publications/3220_arehouse.pdf… [Read More]
I will inform my facility manager as soon as I have all the potential witnesses record their statement and most importantly the technical team that includes the engineers and the supervisor giving me the technical aspects of the whole incidence. This informing of my supervisor must however come before the arrival of the OSHA inspectors so that we both have a harmonized report and agreement on how we are to handle the OSHA inspectors.
It is very central that I meet with the hourly employees since they are the ones who acted as witnesses and are the people who are bound to blow the incidence out of the proportion by calling media houses and misinforming the OSHA inspectors. I would let them know that the incidence was not out of neglect and request them to allow the organizational communication channel to be followed so that the incidence can be given…… [Read More]
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]
The problems at the work place were detected over a long period of time and are a part of the history of development. The development of technology was very rapid which must also have brought in the needed changes in the workplace functions and norms. Unfortunately the basic structure of health protection came to be discussed only in the beginning of 1960s. The occupational medicine became a separate field of study since then and the occupational health service was born. The motto which the service wanted to achieve was an ergonomic system that could fit the job and the worker and simultaneously identify and eliminate health hazards. (Wilkinson, 50) There were many statues passed that created safety at the workplace. The greatest step in this regard was the OSHA regulations.
The OSHA act of 1970 was the single piece of legislation that gave an impetus to the work…… [Read More]
These rewards and motivators are important to me because they appeal to my higher order needs. I am fairly well satisfied with respect to my lower order needs, and will be with most positions in which I find myself. Work for me is not only a creative outlet but also an opportunity to showcase my skills. As a result of this, I view work less as a means to earn a paycheck -- which I take as a given -- and more as a means for me to attain higher levels of satisfaction. Recognition, promotion and achievement all fill these higher order needs.
3. The Occupational Safety and Health Association (OSHA) has been set up by the Department of Labor to "assure safe and healthful working conditions for working men and women." The organization assists businesses in several ways. It provides informational resources regarding workplace health and safety. It also…… [Read More]
Summary and Conclusion
There is no way to protect construction workers from every accident that could possibly befall them. The nature of the work is such that complete safety is not guaranteed or even realistically possible. However, that does not mean that the number of fall accidents that occur cannot be reduced. Quite often, it is not a true accident but actual carelessness that is the cause of injuries and deaths on construction sites. Many construction workers forego safety harnesses, for example, because they can be cumbersome and inconvenient. They can make the work take longer, and make it more difficult for the worker to move around. That is especially true in cases where required work means the construction worker will have to unhook and re-hook his harness frequently. This aggravation is a small price to pay for saving lives, but the value of a harness is only seen if…… [Read More]
There has been an accident on the production floor at Latex Paint that has injured three men. As a result, Latex Paint must deal with a number of serious issues. First, the decline in employee productivity after the accident could become a drain on company profitability. Further, the company will be required to prove that it has met its obligations in relation to health and safety rules of the Union and OSHA legislation and may face substantial financial penalties if it has not done so. Liability for the injuries to its employees and damage to the company's reputation are a real threat, particularly if this company was not in compliance with health and safety standards.
Richards needs to take a variety of immediate steps to deal with the accident. To adequately prepare for the staff meeting, he needs to understand what happened and to the best of his…… [Read More]
Environmental Crimes and Health and Safety Law Violation
With the current changes in weather patterns, strange climatic conditions and other uncontrollable natural disasters, there has been a lot of attention directed towards the environment and the way people may be contributing to the degradation of the environment in small ways that is summed up results into the disasters that we see on daily basis. The environment is becoming unpleasant on an increasing trend each and every day, this is a cause to worry about for each government that cares to see the consequences of our careless handling of the environment.
There are also man's contribution to the insecurity that surrounds us on a daily basis since people no longer care for the safety of the workers that work in their industries and sadly to some extent, some don care even about themselves and the safety that may be protecting their…… [Read More]
legal risk arising from wrongful discharge.
What liability and rights do NewCorp and Pat have in this situation? What legal principles -- such as statutory or case law -- support those liabilities and rights?
When it comes to the first scenario, it is clear that NewCorp fired Pat based upon the views that he expressed at a public gathering. While this cannot be directly proven, various pieces of circumstantial evidence are illustrating how this is the case. As, he was not given any kind of notification for: unsatisfactory behavior at work. This is important, because it means that the company does have a potential legal liability (based upon these actions).
The statutory rule that company is violating is the provisions of: intentional discrimination (under the Title VII of the Civil Rights Act of 1964). This states that it is illegal for employers, to fire someone based upon: actions that…… [Read More]
Halon is a gaseous material that inhibits the chemical reaction in fire. In most parts of the world, it is banned from new production except for military use because it contributes to ozone pollution and atmospheric effects. It was completely banned in Europe and Australia, which resulted in stockpiles being sent to the United States which still allows for use. Halon extinguishes fires by chemically reacting with the fire's components (fuel, oxygen and heat) and interrupts the reactions that allow the fire to continue. It is suitable for use in cold weather and leaves no residue. It is particularly good used on class A and B. fires, especially preventing flammable liquids from igniting.
There are several steps necessary to putting out an electrical fire, with the most critical being turning off the power (fuse box, etc.) if at all possible. To do this, ensure that one's hands are dry and…… [Read More]
On the job, exposure is to hazardous materials or conditions is related directly to the job activities performed by the worker. As part of the familiarization process know as process management one can become knowledgeable about the workers' job activities and the consequent potential for exposure. In this essay, we will review the OHSHA process step-by-step an explain the procedure for conducting a job hazardous materials analysis (HAZMAT) ("Compliance guidelines and," 2010).
Most integrated sampling methods for gases and vapors that are published by OSHA use active and passive sampling techniques. The OHSHA procedures are examined below for advantages and disadvantages of active and passive integrated sampling methods in the process analysis (ibid).
In the process, complete and accurate written information meeds to be included about the chemicals, technology and equipment that is essential to an effective process safety management program and/or to an effective process hazards analysis. These…… [Read More]
According to various research and countless newspapers, institutional pharmacy has an undoubtedly positive role in our society. By definition, institutional pharmacy is that which provides "a range of services to residents of nursing homes, hospitals, or hospice environments which do not have an on-site pharmacy." As such, and without this service, long-term care facilities, such as nursing homes, would not be able to function smoothly nor take care of patients properly. Thus, due to institutional pharmacies, the facilities that utilize them can play a role in helping the patient firsthand with important matters. [1: "Institutional Pharmacy." Gerson Lehrman Group. Web. 20 Sept. 2011. .]
It is important to note, however, that there are various rules regulating these pharmacies. This is due to the fact that, in addition to providing pharmaceuticals, these entities also provide consulting services, and these can include the following:
monitoring control of drugs monitoring the…… [Read More]
application/admission. There are several qualities that should be present in an MBA candidate. A person should be clear in their desire to be a candidate because the expense is high, but well worth the effort.
MY DESIRE TO BE AN MBA CANDIDATE
My desire to be an MBA candidate is based on my work experience and my ability to be able to promote myself in achieving the best that I can be. It is my desire to be able to learn more about business across many different disciplines. I have accomplished a lot in my work history, but I want to be able to achieve more. Having my MBA degree will help me to promote myself even better in the business world.
I have accomplished a lot in my professional work field. It is my desire to obtain my MBA so I can further promote my marketing abilities for the…… [Read More]
A friend in California has just lost his job in a layoff together with 98 other employees in the same private sector company. The company's administrators have told him that he was included in the recent layoff because of his refusal to take a lie detector test regarding some drugs that were found in his company locker. He also declined to take a drug test since he was afraid that a positive result would make the state child protection agency to take away custody of his children. This situation is an example of a scenario with legal ramifications on the basis of several regulations such as Polygraph Protection Act, Worker Adjustment and etraining Notification Act, Privacy laws, Drug Testing laws, and OSHA.
Generally, the use of lie detector tests in the workplace is not geared towards determining whether an employee is telling the truth but to examine whether…… [Read More]
Unlike our predecessors in the mines and mills and factories - and even offices - we today expect our workplaces to be safe. We consider this a birthright - that our employers should design and monitor the workplace in such a way that we are allowed to do our job without any undue risk for ourselves. And yet, of course, this is not a birthright but rather a legal protection that was fought for by workers and workers advocates (including unions) in previous generations. There seems to be little if any natural inclination of even good employers to ensure the safety of their workers, and it is for this reason that government regulations exist to protect workers. This research project examines one very specific example within the contemporary workforce of the ways in which government regulation is sometimes a necessary supplement - or bulwark - to the good intentions of…… [Read More]
Emergency Action Plan
As a strict requirement of OSHA, the clinical laboratory science department must comply to this standard that is used in describing all the appropriate actions that must be taken by the facility in order to ensure that there is proper safety in case of any accidents such as fire outbreak.
As a strict requirement of OSHA, the facility must ensure that there is a proper Fire Prevention Plan that is necessary to avert any kind of loss of either life or property.
Medical and First Aid
All the employees who work in this department must have the necessary component of both medical and first-aid providers. This is in order to ensure that any emergency situation that arises can be met with the appropriate solution.
Personal Protective Equipment
Due to the high risk of infection that is associated with the samples in the laboratory, it is…… [Read More]
However a more basic plan is to be adopted by firms with lower risk of these injuries.
OSHA provided training to employers for implementing these guidelines. These training sessions are considered even more critical for small businesses which are at a higher risk of facing such injuries. OSHA also plans to conduct regular inspections to make sure these guidelines are being adhered to. It is the responsibility of the employer to identify risk factors and make reasonable effort to remove them in order to develop a safer and healthier workplace. Development of programs to identity and remove risky patterns is what OSHA demands and expects from employers. It states clearly that: "Employers need to remain vigilant for ergonomic risks. This issue clearly is important to OSHA and will be a priority during upcoming inspections. Companies need to take steps now to identify and eliminate ergonomic hazards. At a minimum, employers…… [Read More]
The Association of Iron and Steel Electrical Engineers (AISEE) pushed for a "national conference on safety" and as a result the Cooperative Safety Congress (CSC) was held (in 1912) and out of that meeting the National Council of Industrial Safety (NCIS) was founded. Later, the NCIS evolved into the National Safety Council (NSC) (Goetsch, p. 6).
On-the-job accidents "and even fatalities" were "an accepted fact of life in the construction industry" during the early 1900s, writes author Richard Hislop on page 4 of his book, Construction Site Safety: A Guide for Managing Contractors. Construction workers helping to build the Golden Gate Bridge in San Francisco, for example, were in harm's way constantly. hen the budget was established and the projections for the Golden Gate were prepared, "it was expected that there would be on fatality for each million dollars of construction work," Hislop explains (1999, p. 4). And since the…… [Read More]
The Occupational Safety and Health Act of 1970 set the stage for the creation of the Occupational Safety and Health Administration (OSHA) whose duties include the prevention of illnesses, injuries, and deaths that are work-related. The administration has produced tangible results in reducing occupational deaths and injuries by 62% and 42% respectively. The reason behind OSHA's success is down to its regular inspection of work facilities, as well as issuance of certificates and applications of fines whenever law violation takes place. OSHA takes keen interest in warehouses bearing in mind the central role they play on business supply chain. Warehouse managers must take the safety maintenance issues very seriously (HSE, 2009).
What ole Does Occupational Safety and Health Administration (OSHA) Play in Warehousing Safety?
OSHA issues warehouse certifications in areas such as electrical wiring methods, forklifts, electrical system design, hazard communication, wall openings and holes, respiratory protection, exits, lockout…… [Read More]
Another landmark case involved global giant British Petroleum (BP) in the largest fine in OSHA history. The case involved the explosion at a BP refinery in Texas that killed 15 people and injured 170 others. An OSHA press release notes, "This citation and penalty - nearly double the next largest fine in OSHA history - sends a strong message to all employers about the need to protect workers and to make health and safety a core value,' Solicitor of Labor Howard M. adzely stated" (Groover, 2005). The implications for human resource implementation are again clear. Without the proper training, the individuals in the plant did not operate some of the processing equipment effectively, and pressure built up in the unit that exploded. Part of the settlement required BP to "hire an expert to assess and report on communication within and between management, supervisors, and authorized employee representatives and non-management employees…… [Read More]
IAMAW Views on Safety
The response of the American people to the terrorists attacks of 9/11 was felt one of compassion and resolve. Almost all Americans were associated in one or other manner in assisting the Nation come out of the dangerous impacts and become strengthened. It was curious to witness the way some hurried into the burning building and saving lives of their fellow workers, friends and strangers. While many measures have been undertaken to safeguard the security of Americans and continuance of the way of life, the workers confront stringent security policies on the job and sometimes loss of civil rights. (Worksite Security: IAM Headquarters)
The International Association for Machinists and Aerospace Workers -- IAM& AW as well as other institutions are watchful of the legislation and presidential orders against possible violation of bargaining and civil rights. They found the workplace security to be more embarrassing to the…… [Read More]
Hazard Communication Standard. There are five references used for this paper.
Safety in the workplace is a major concern for both employees and employers. It is important to look at the Hazard Communication Standard, 29 Code of Federal egulations 1910.1200 and Material Safety Data Sheets (MSDS) to understand the employer's role and responsibility.
History and Development
The Hazard Communication Standard (HCS) was developed by the Occupational Safety and Health Administration (OSHA) in 1974, and is "known as the 'employee right-to-know law' (Geigler, 1989)."
The development process was lengthy, lasting until November 25, 1983 when the Federal egister published the original final rule. The original rule covered the "manufacturing segment of industry, and its basic intent was to inform workers about hazardous materials they come in contact with (Geigler, 1989)."
The effective date for industries to implement the HCS was May 25, 1986. The rule was changed on August 24, 1987,…… [Read More]
Moreover, recent legislation such as the Affordable Care Act is expected to create an even greater need for nurses who can take on more advanced responsibilities. As one nurse stated on National Public adio: "…with the passage of the Affordable Care Act, which was passed in March, we're going to see 32 million new patients accessing the health care delivery system which previously weren't accessing this system. And currently, we don't have the capacity to provide high-quality, patient-centered care for this new expanded population" (NP, 2010)
Careers in nursing have become vast and varied, particularly for the highly educated, and pay for many of these careers is above $60,000 annually. While a nurse with a BSN who becomes an N can still advance in her career, enter management, or become a nursing professor, an MSN is necessary for nurses to enter one of the more prestigious and specialized subfields (Sacks,…… [Read More]
2008 Imperial Sugar refinery explosion/Fire.
Fire at Imperial Sugar efinery
On February 7, 2008, a massive fire and explosion took place at northwestern Savannah, Georgia's Imperial Sugar factory. The incident claimed the lives of no less than 14 individuals, and left 38 people injured; of these, 14 suffered life-threatening, acute burns. The blast was caused by enormous deposits of inflammable sugar dust all through the packaging unitManagement of the company ought to have been aware of the fact that explosions are likely to occur if the sugar refining process is enclosed. Comprehensive and precise information (in writing) on process chemicals, equipment, and technology is vital to a sound program for industrial process safety management (PSM) as well as hazard analysis of the process. The documented knowledge will be an indispensable resource to various users, including the personnel who carry out obligatory hazard analysis, mandated under PSM; personnel in…… [Read More]
The project manager must effectively utilize all of the communication methods available to them. They must choose the most appropriate method of communication for the workers and for the managers. The more workers and managers hear the messages, in as many sensory modes possible, the more likely the message will be to make an impact on a reduction in accidents on the job.
Language proved to be a problem in Australia's construction industry. Many of the safety programs are conducted in English, although a significant portion of workers in the industry are non-English speakers. Communication proved to be a significant problem in the successful implementation of safety programs. The key factors were the inability to understand government safety regulations and the inability to communicate these standards to the workers (Trajkoevski & Loosemore, 2005). Project managers must be aware of language barriers that may hinder the ability to communicate safety messages…… [Read More]
Thousands of al-Mart stores are opened every day and there are no tramplings involved. But OSHA takes the view that workplace fatalities are unacceptable, even once, and this colors its application of the concept of workplace safety.
al-Mart's view of this incident illustrates a more utilitarian approach. hatever safety procedures OSHA wants to see at the company's stores are likely to be costly. In addition, other retailers would thereby face the same conditions as al-Mart. The cost to business will run into the tens or even hundreds of millions, despite the absolute lack of risk faced by the tens of thousands of employees opening stores across America each morning. The utilitarian approach clearly sees that incident as isolated and unpredictable, and something that is not part of the daily risk to al-Mart workers. As such, expenditure on safety measures would be detrimental to the company and to the economy as…… [Read More]
Draft a company policy on use of the internet by employees. Draft it in the form of a memo to employees.
Take into consideration the following issues:
Is it realistic to believe that all personal use of the internet at work can be prohibited? How do you deal with this?
Do employees have a reasonable expectation of privacy in, e.g., an email they might send at work? A website they might visit? How could your policy deal with this?
Dear Acme employees,
It has become necessary to address the employee use of internet and internet tools for personal reasons while on company time and/or company equipment. While Acme wishes to respect your privacy and allow you to fill any idle time you might have between calls or during your lunch break, bear the following in mind:
All computers and phones on Acme property are subject to be monitored…… [Read More]
law should be used as a tool for shaping a shared moral climate? Why or why not? Should moral values be written into the law and enforced? Can you think of any examples where a change in the law seemed to improve the moral climate of society?
In general, I would say that the government should stay away from enforcing a moral climate in the sense that there has to be the question asked whether someone is harmed or not. However, "harm" is a very loaded term when it comes to some topics and this includes some things that are entirely legal. For example, adultery is assailed as a wrong thing to do. It can obviously break up relationships/marriages and any kids in the mix can be greatly impacted. However, while such tawdry details may (or may not) matter when a divorce or child custody hearing is done, it is…… [Read More]