Failure to Comply With Company Standards - Essay Example

 IBP had supervisory authority and control over the worksite regardless of whether DCS created the hazards or was in a position to reduce them. In addition, IBP owned the equipment and therefore required to exercise all control as a contracting party and plant owner and ensure that no employee was at risk.  The nature of the contract between IBP and DCS required there to be a daily recurring task that IBP employees had previously been doing.

 The contract was on-going and the relationship between the two was a close one. IBP constant contact with DCS also included frequent discussions about LOTO standards and the fragrant violations of these standards by DCS employees. While the contract held DCS responsible for LOTO standards compliance, IBP had the mandate to ensure DCS complied even if it meant suspending or terminating the contract. IBP could have imposed penalties on DCS and its employees at any time to ensure LOTO compliance.

As the worksite-controlling employee, it could also have suspended and expelled employees who flagrantly violated safety regulations.