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Legal Aspects of Safety and Health - Case Study Example

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An Unannounced Inspection It is common for OSHA inspectors to knock on companies’ doors to conduct unannounced inspections. It is therefore paramount for one to be prepared at all times. Having knowledge of all regulations that the company should abide by and complying with them acts as the best approach…
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Legal Aspects of Safety and Health
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Download file to see previous pages To start with the company has ensured that the receptionist is fully aware of who to contact in case OSHA inspectors come knocking. Therefore, the OSHA inspector being at the reception office does not worry me much as the receptionist cannot allow them to speak to anyone else apart from me in this scenario. Furthermore, the receptionist is trained to take their time before allowing entry of such a visitor so as to buy little time for immediate and thorough preparation. After enough time is bought at the reception, I will gladly receive the officer and immediately request them to present their credentials and offer an explanation of the inspection as well as its purpose and scope. In case there are records they may wish to view, then it is important to know about it forehand. Requesting for this ensures that the officer is rightfully from OSHA as I also buy time for further preparations in the main facility since the receptionist is to inform relevant employees of a likely OSHA inspection. All these happen in the opening conference where I will also ask for a copy of the employee’s complaint (although the name will be deleted) to be aware of the specific issues raised. A warrant or subpoena should be presented and I will read it carefully to see the extent of the inspection. After all the above are fulfilled, the inspector may proceed while I accompany them throughout the inspection trying to maintain calm and professionalism. The key to such a situation will be to ask as many questions as possible to avoid questions from them while answering what I am asked truthfully but without volunteering information. Taking notes of comments and situations inspected is also important as well as taking photographs as similar as possible to those the official takes. I will try to make us take as little time as possible at the renovation site by wasting time on irrelevant areas. When at the renovation site there is likelihood that a hazard will be found since production is also continuing. The rule is not to agree that any hazard amounts to a violation. In order to demonstrate good faith the company will fix the possible violations after consultations with professionals and other company officials immediately after the closing conference. Consultations will be on the legal implications and remedies available together with their merits and drawbacks. Serious Near-Miss Crane Incident Near miss situations are quite serious especially when OSHA officials are involved. Heavy fines may be in the offing but every situation can be handled with care to prevent grave consequences. The most important concerns in this scenario include the evidence of injuries caused to workers, the claim that the 20 ton crane was trying to hoist 28-30 tons at the time of near-miss accident and that OSHA has been notified of the same in the name of “imminent danger”. These issues are critical and should be handled with care considering that they have been voiced by the employees. Since OSHA has been contacted by an employee, there is a high chance that too much information will be flying their side during interviews with employees. In case evidence is found and concrete enough to warrant a citation, then the company stands to lose a great deal. Considering that the incident is fresh it is critical to acquaint myself with a number of issues. One is to get information regarding truthfulness that ...Download file to see next pagesRead More
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