Legal Aspects of Safety and Health - Term Paper Example

Employers at this point if all the standards had been followed would stand to be offered citations unfairly. The other is the impossibility of compliance defense whereby at that time of the hazard it was not functionally possible for the business to comply with OSHA standards or alternatives were unavailable. Greater hazard in compliance defense is the other whereby compliance will result in greater hazard than non-compliance. Lack of employer knowledge defense offers an avenue for employers in case they prove to have no prior knowledge of conditions that caused violation (Bitter, 1992).

Equipment not in use defense acts to enable a vacation of a citation where the cited equipment was not being used. Cases Marshall v. Barlow’s case went that OSHA searched Barlow’s business without a warrant with a claim that they had the power to do that. OSHA’s claim and conduct were ruled out by the Supreme Court but under that particular circumstance (OSHA, 2010). Atlas Roofing Co. v. OSHRC is the other case where OSHRC was given a green light by the Supreme Court to decide the instances of violations (OSHA, 2010).