Free

Legal Aspects - Essay Example

Comments (0) Cite this document
Summary
Legal Aspects The purpose of this article is to write a critique of a topic pertaining to the legal aspects of the Occupational Safety and Health professional’s duties, responsibilities of working environment. The format that this paper will utilize is to first provide an introduction of the article followed by an analysis of the legal aspects of the OS&H topic…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.1% of users find it useful
Legal Aspects
Read TextPreview

Extract of sample "Legal Aspects"

Legal Aspects The purpose of this article is to write a critique of a topic pertaining to the legal aspects of the Occupational Safety and Health professional’s duties, responsibilities of working environment. The format that this paper will utilize is to first provide an introduction of the article followed by an analysis of the legal aspects of the OS&H topic. Lastly, this paper will conclude with a summary of the article’s conclusions and my own opinions. The article that will be examined for the purpose of this paper was authored by Johnson (2009) and was titled Ex-Grace Officials on Trial in Asbestos Poisoning. The article first highlights that five former mine executive that worked for W.R. Grace and Co. and will be facing federal criminal charges. The case stems from a now closed mine and mill that extracted and processed asbestos-tainted mineral. Workers and their family members operating in a remote town in Montana experienced over 200 deaths and many more illnesses associated with exposure to the mines dust clouds of vermiculite (Which had been infused with naturally occurring asbestos). Much of the prosecution rests on testimony from a toxicologist that in 1977 drew comparisons between vermiculite mine in South Carolina and the Montana mine and immediately noticed the differences in the mineral content and worker health. This case is unusual insofar as typically prosecutors typically do not press federal charges in cases involving asbestos and typically leave these issues for civil courts. The cornerstone of the prosecution stems from the allegation that the company and managers were well aware for several decades that their workers were indeed being exposed to dangerous levels of asbestos and even went so far as to misrepresent the actual hazard level to their employees. Ultimately this would boil down to charges of fraud, conspiracy as well as several violations of the United States Clean Air Act. The legal aspects that this case ultimately boil down to the company and the managers potentially, knowingly endangering the health and safety of their employees by ignoring medical advice from analysts, as well as hiding this knowledge from their employees. Even though the mine has already been paying medical bills for the victims and was ordered to pay $250 million in environmental cleanup (Which was an action that led the firm into bankruptcy) this still does not alleviate them of their any criminal liability. Although it is unclear as to the outcome of this case one has to assume that they are innocent until proven guilty. While there is little question that people have become sick as a result of exposure to asbestos, it may be difficult to ‘prove’ that the managers had acted negligently or had committed conspiracy because much of the evidence was collected decades ago there is an indication that they may not have knowingly violated several laws. On a personal level I believe that the owners and management of this mine did knowingly put their workers in danger. Of course one could argue that mining is an inherently dangerous profession and workers are aware that they are likely to be exposed to number extra risks. Having said that one could argue that if the mine management were indeed aware that there was an increased risk of asbestos exposure, then they should have done everything they could to better protect their employees by ensuring they wear better respiratory protection or take more frequent showers etc. If this is demonstrated in the trial that the management was negligent than I see no reason as to why they would not be held criminally responsible. Reference Johnson, K (February 18th 2009) Ex-Grace Officials on Trial in Asbestos Poisoning. New York Times [online] Available at http://www.nytimes.com/2009/02/19/us/19asbestos.html Accessed on January 26th 2011. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Aspects Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from https://studentshare.org/other/1406327-legal-aspects
(Legal Aspects Essay Example | Topics and Well Written Essays - 500 Words)
https://studentshare.org/other/1406327-legal-aspects.
“Legal Aspects Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/other/1406327-legal-aspects.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Legal Aspects

Legal Aspects of Nursing

...? Legal aspects of nursing Legal aspects of nursing come into play in cases of patient negligence. In the case study, Mrs. M succumbs to aspiration pneumonia due to faulty handling of the humidifier attached to the oxygen mask. The nurse assigned to care for her abdicated her duties when she left the patient under the sole care of a driver. Consequently, Mrs. M sued the hospital due to neglect by personnel. The paper reviews the legal aspects of the case with recommendations for appropriate policy changes in nursing care and amendments of the procedures manual. In addition, the disciplinary action of the nurse and untrained personnel is discussed. Legal aspects of nursing The nurse caring for the patient has exhibited professional... should...
7 Pages(1750 words)Essay

LEGAL ASPECTS OF NURSING

...?Legal Aspects of Nursing Legal Aspects of Nursing Healthcare providers and organizations have legal obligations and responsibilities to ensure healthcare and safety of patients. Effectiveness of a healthcare provision needs assessment against set, acceptable standards at the times of healthcare. When acceptable standards of operations are not adhered to, patients may suffer harm and catastrophe as a result of failure of health practitioners and organizations. In addition to medical experts’ duty to ensure safety of patients, the patients also have a moral obligation to safeguard their own well-being while undergoing treatment. Negligence on either side...
4 Pages(1000 words)Essay

LEGAL ASPECTS OF NURSING

...? Legal Aspects of Nursing Legal Aspects of Nursing The case scenario in research revolves around a scenario whereby, an accident victim, Mr. Abraham succumbs to death, moments after survival from an untimely accident. However, the case study is mainly based on the occasions that follow the unfortunate incident. This particular scenario stretches from a legal aspect view, and a literal view of the incident. The main reason behind the existence of the two different firms is that the instance whereby Mr. Abraham succumbed to death, in one way or the other, the shift of blames suddenly arose. The reason being, prior to Mr. Abraham’s death,...
4 Pages(1000 words)Essay

LEGAL ASPECTS OF HOSPITALITY

...to move around quite frequently in pursuit of the best opportunities available." However, if the management was able to create a good team and selected the bests employees, then they already passed the first step of the many challenges ahead of the way. As a means of drawing inference upon these specific sectors of interest, this particular student will analyze these factors based upon the determinant of seeking to become a hotel manager. Furthermore, when choosing this particular topic, it came to the attention of the researcher that the specific subject matter has a direct correlation to both the legal matters as well as the applicability and practicality of choosing this specific field as a potential future career...
8 Pages(2000 words)Research Paper

Legal Aspects Of Nursing

...Legal aspects of nursing Patient safety in medical field is the greatest and paramount thing that practicingprofessionals as well as the legal frameworks strive earnestly to realize in the day-to-day operations. Failure to observe patient safety results to lengthy stay in the hospital by patients, permanent injures as well as even death. It is therefore the responsibility of all the stakeholders (all involved in the welfare of a patient) to ensure that effective principles of patient care are observed. For instance, in this case study, there are various principles of protecting the patient safety that are in application. These include the rushing of the patient to a health care facility...
6 Pages(1500 words)Essay

LEGAL ASPECTS OF NURSING

...Case Study February 7 The principle’s that are involved in this case regarding patient safety are the accurate and correct medication dispensing techniques and verification of the procedure through documentation. The discrepancies are noted between the written MAR and the computerized medication cart. Other principles that were noted were giving medication a different route than prescribed; not charting the administration of medication in a timely manner and that the hospital has no policy on who should document the medication in case a nurse is working with a someone else such as a preceptor. 2. The nurses are negligent for delaying their medication documentation for such a long period of time as the next day. The fact... Study February 7...
4 Pages(1000 words)Case Study

Legal Aspects of Nursing

...Legal aspects of nursing Availability of sufficient evidence to form a basis for suspension of the nurse from her duties. The institution had enough proof to suspend the indicted nurse. The facility was within their legal right to suspend the nurse on the basis of the discrepancies between the records on the automated medicine cabinet and the handwritten medication administration record. The nurse herself admitted to frequently making records long after the medication had already been administered and hence making her records prone to error (Butts & Rich, 2008). It is of paramount importance that a nurse should keep accurate records of all narcotics dispensation, dosage as well as the...
4 Pages(1000 words)Case Study

Legal Aspects of Nursing

...Legal aspects of nursing Question This case involves a set of principles towards patients’ protection. The unit defiles the set of principles that advocate for patient protection. As a patient, Mr Garcia required a direct one-to-one attention and observation from the nursing unit. Through their negligence, the staff of the nursing unit violated the principle of respective relations (American Medical Association, 2010). This principle advocates for a congruent affiliation amongst the patients and nursing unit professionals. Under this principle, the patient ought to gain utmost confidence towards the staff of the nursing unit (Youngberg, 2013). In this case, the patients and the unit staff ought to relate...
2 Pages(500 words)Case Study

Legal aspects of sounseling

...Legal Aspects of Counseling Lecturer: Introduction Legal principles and Ethical values are ever evolving documents that reflect current conditions. Counselors like other professionals face ethical dilemmas and legal challenges in their day-to-day activities. Acting lawfully is often not easy or clear, and counselors have in that regard created code of legal standards to deal with the same. In making decisions that are lawful, counselors depend on professional standards, ethical values, as well as legal precedents to have the appropriate information in their area of ethics. They consult colleagues, casebooks and principles of academic...
10 Pages(2500 words)Research Paper

Legal Aspects of Derivatives

...exposure to stock markets where governments have created high entry costs. Whatever the motive for using derivatives and swaps, it is important to be able to understand the legal aspects of the contracts related to derivatives. Because swaps and derivatives are very widely used internationally, the International Swaps and Derivatives Association or ISDA was formed in order to encourage the prudent use of privately negotiated derivative business. The overall trading relationship between parties to derivative transactions is now mostly governed by a standard ISDA Master Agreement which is designed to be governed by either New York Law or English Law. Collateral agreements can be made under English Law,...
14 Pages(3500 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 Essay on topic Legal Aspects for FREE!

Contact Us