CASE STUDY

Business Employment Law

Business Employment Law

1. What was the legal issue in this case?

William construction Co has been charged for four violations of safety under Occupational safety and health act (OSHA). These violations were charged in result of one of his employee's death. He died in the course of trench collapse during construction work. The OSHA also called federal Occupational Safety and Health Act expects from the employers to provide and ensure a safe working condition for their workers, which is very important in any organization. There are lots of states which have their own law of office conditions. In order to follow the law of OSHA, it is very vital for employers to initially learn about their responsibilities that are registered through this federal law. All the material written above is relevant with the book “Occupational safety and health for technologist, engineers, and managers” (Barling, 2003).

OSHA demands employers of the organization to preserve a workplace that is free of danger which should be known by them. The hazards those are expected to cause death or fatal physical injuries are very dangerous and must be prevented. These kinds of hazards are called "renowned hazards."

The main objective of an Occupational Health program is to provide security, protection and care to employees in the performance of their work. The increase in accidents in working at heights getting more serious than before due to lack of implementation of procedures and policies, human error, and inadequate infrastructure (Auer, 2006).

2. Explain what the employer did or failed to do that violated the OSH Act.

The violations against which William Construction Co has been charged penalty are:

Company was failed to instruct its employees with unsafe conditions under given circumstances.

No employee was allowed to travel more than 25 feet to reach safety point, this regulation was not communicated to employees.

William construction Co failed to appoint a competent person with relevant expertise to conduct an inspection on a daily basis.

Walls were suppose to be supported or sloped which were not.

The overall objective of the OHSAS is to support and promote good practices in OSH. Its requirements are generic, and the reference gives no performance criteria OSH nor any detailed specification for the design of a management system. Therefore, organizations carrying out similar activities but having different OHS performance can both be in line with OHSAS 18001 (Auer, 2006).

This structure allows the establishment of an integrated QSE management system within the company. The Occupational Health and Safety Assessment specify requirements for establishing a management system for health and safety (OHS) to enable an organization to control risks and improve its OHS performance. This reference applies to all types and sizes of organizations and adapts to different geographical, cultural and social backgrounds. There must be an OH & S Policy, approved by senior management organization, and it is features should be:

The policy should be appropriate to nature and scale of risks Health and Safety Occupational organization.

The policy should include a commitment to improving continuous prevention impact on safety and ...