Nobody downloaded yet

Business Employment Law (R. Williams Construction Co. v. OSHRC) - Assignment Example

Comments (0) Cite this document
Williams Construction Co. v. OSHRC is a case involving injury of two employees in the workplace. The respondent, Williams, maintained the construction site at Chumash Casino Project, Santa Ynez, California, where it was building a sewer system. The regulating Occupational…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Business Employment Law (R. Williams Construction Co. v. OSHRC)
Read TextPreview

Extract of sample "Business Employment Law (R. Williams Construction Co. v. OSHRC)"

Download file to see previous pages In September 2002, Jose Aguiniga, an employee of Williams was killed when an underground system he was cleaning caved-in at the Santa Ynez worksite. Subsequently the Occupational Safety and Health Administration (OSHA) received the information and immediately embarked on the site assessment (Silverstein, 2008). As the consequence of that assessment, the Commission served citations on the construction company claiming violations of the Act. The respondent acted by filing with the Commission, their contest against the findings. In January 2004, the Commission heard the case in Santa Barbara, California.
The legal issue in Williams was whether the respondent violated the safety standards under Section 651-678 of the Occupational Safety and Health Act (OSHA) 1970, which if proven, would be the cause in fact of the injury upon the employees (Walsh, 2012). The regulator alleged that Williams had violated the safety standards leading to the loss of life of one employee and serious injury upon the person of another.
First, Williams breached the OSH Act 1970 by digging a narrow and poorly maintained trench measuring 12 feet deep at the construction site. Although the upper walls of the trench were slanting outwards, the deeper, lower part was not properly reinforced to avoid a possible cave-in. Second, Williams failed to remind its employees about the safety measures they should observe while working on the site. The employees who were injured had been regularly doing a clean-up of the submersible pump placed on the floor of trench without any significant protective gear or knowledge (Walsh, 2012).
Williams was unsuccessful in its claims that every employee was supposed to observe their own safety in the workplace because its behavior was negligent. The company’s leadership failed to demonstrate the behavior of a reasonable person acting under similar circumstances. Williams was negligent in its deployment of employees in risky working conditions, with clear ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Business Employment Law (R. Williams Construction Co. v. OSHRC) Assignment”, n.d.)
Business Employment Law (R. Williams Construction Co. v. OSHRC) Assignment. Retrieved from
(Business Employment Law (R. Williams Construction Co. V. OSHRC) Assignment)
Business Employment Law (R. Williams Construction Co. V. OSHRC) Assignment.
“Business Employment Law (R. Williams Construction Co. V. OSHRC) Assignment”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Business Employment Law (R. Williams Construction Co. v. OSHRC)

R. Williams Construction Co. v. OSHRC

...? WILLIAMS CONSTRUCTION CO. V. OSHRC Introduction The case anchors on the laws and policies of OSHRC – an occupations Health and Security Regulation. The act aims to guarantee employees safety and security while at work. The regulations in the act are implemented to aid reduce the percentage of workstation deaths and injuries. In the Williams construction industry case, the company was subjected to some investigations following the collapse of a trench that caused the death of one worker and acute injuries of another employee. After a serious investigation, the company was charged with...
4 Pages(1000 words)Research Paper

Business Employment Law

...maintained her employment. In my advice therefore, I would inform him that he was not entitled to statutory redundancy payment from her company. Her decision to reject the offer to the new job can be interpreted as refusal to work. The company is therefore not liable for such conduct and cannot compensate her. Bibliography C Barnard, S Deakin and R Hobbs, ‘Opting Out of the 48 Hour Week: Employer Necessity or Individual Choice’ (2003) 32 ILJ 223 C O’Cinneide, 'the Commission for Equality and Human Rights: A New Institution for New and Uncertain Times' (2007) Industrial Law Journal 141 C Mogridge, ‘Illegal Contracts of Employment: Loss of Statutory...
8 Pages(2000 words)Essay

R v Adomako, Law case

... Cr.App.R.8 and Andrews v Director of Public Prosecutions [1937] A.C.576; ignoring drivers carelessness as detailed in R v Lawrence (Stephen) [1982] A.C.510, or analyse the situation by its facts (Herring 2012, p.193). The House of Lords upheld the conviction of the appellant for the offence of manslaughter stating that the law as made in the case of R v Seymor [1983] 2 A.C.493 was not relevant to the present case as the law it was found on been changed by the Road Traffic Act of 1991 that applied presently. The rider to this is that the trial judge is at liberty to use the word according to its liberal or literal meaning only when he thinks it as appropriate to the case beforehand. From this case, the House of Lords established... is...
6 Pages(1500 words)Essay

Construction and business law

...Construction and Business Law Answer One: Formal source of law constitutes legislation, sentencing guidelines and judicial decisions. Sometimes worksof some renowned lawyer may also be considered as the formal source of law. All law books are also formal sources of law. For instance in case of UK the formal source of law is the Commission, the Council of Ministers and the Parliament. (Ashworth, 2005, p. 31). The informal sources of law include judicial decisions, precedents and the opinion of the jury. The informal sources of law have no written documentation. It also...
9 Pages(2250 words)Essay

Business and Employment Law

...of legislation and undertake a contextual evaluation of the impact of the Human Rights Act 1998 (“HRA”). The tension between European Community law (EC) and national law is arguably the most debated topic of constitutional law7. The convention of Parliamentary supremacy is rooted within the British constitution as a fundamental limb of the separation of powers doctrine8. Constitutional convention in fact dictates that the judiciary is bound by Parliament and the case of R v Jordan9 asserted that the courts had no power to challenge the validity of Parliamentary legislation. However, the incorporation of community law through the implementation of...
6 Pages(1500 words)Essay

R v Hayter [2005]

...R v Hayter Introduction This work deals with an analysis of the case R V Hayter. In this regard, relevant legal principles relating to the issue of confession have been examined. Procedural and legal issues in the case have been scrutinised. In addition, opinions of the judges and evidentiary principles have been discussed. With the rejection of the appeal to the House of Lords, in R v Hayter, it was clearly established that the confession of a defendant could be admitted as evidence against a co – defendant in a jointly tried criminal case. The reasoning behind this common law principle is that a...
4 Pages(1000 words)Essay

Business & Employment Law

... [1949] 1 KB 532. Parker v South Eastern Railway [1877] 2 CPD 416. Pharmaceutical Society of GB v Boots Cash Chemists [1953] 2 WLR 427. R v Clarke [1927] 40 CLR 227. Rahnavard D, Course Notes Contract Law (Routledge 2012). Richardson, Spence & Co v Rowntree [1894] AC 217. Sale of Goods Act 1979. Spencer v Harding [1870] LR 5 CP 561. Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163. Turner C, Key Facts Contract Law (Routledge 2013). Unfair Contract Terms Act 1977. Williams v Carwardine [1833] EWHC KB J44.... work Business and Employment Law Question One – Poppy Poppy threatened Bart with legal action for rejecting her offer to buy the painting displayed in his shop window. For advising Bart...
6 Pages(1500 words)Essay

Business Employment Law

...should have avoided using objective measures for evaluating the applicants (Cihon & Castagnera, 2008). For instance, it should have avoided questions that feature physical characteristics of applicants, in addition to other stereotyping aspects that impair the selection process. References Cihon, Patrick J., & Castagnera, James Ottavio. (2008). Employment and Labor Law. South- Western Pub. Emerson, R. W. (2009). Business law. Hauppauge, N.Y: Barrons Educational Series. Walsh, D. J. (2010). Employment law for human resource practice. Mason, OH: South-Western Cengage Learning. Find Law, ( 2008)....
4 Pages(1000 words)Case Study

Employment Business Law

...Employment business law Employment business law Case one In a way, the airline was liable for the sexual harassment to the flight attendant. The rape of the coworker occurred in a work environment according to Title vii of the 1964 civil rights act and the New York State human rights law. The law violated in this case is the law against sexual harassment of any kind to a co-worker. The airline is responsible for renting hotel rooms for its workers as opposed to them going home at the end of a working day. This mostly happens when the attendants are in a foreign country....
1 Pages(250 words)Coursework

Business & Employment Law

...Business and employment law al Affiliation) Fernando, Simon and Arthur In the entering into agreement of sale between two or more people, the elements of entering into contracts; offer and agreement, intention of legal consequences and also the consideration in the contract1. The sale is supposed to have the elements and the going against the agreements brings about the breach to the sale and is exposed to charges in the court of law. The elements of entering into a contract should be much considered in the entering in the contract in the sales. Simon has liabilities for some party that they entered in the contract and also can be made not liable for entering...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Business Employment Law (R. Williams Construction Co. v. OSHRC) for FREE!

Contact Us