Analysis of Cases Concerning Occupational Safety and Health Administration Standards - Assignment Example

Cases in Law Question Your client, a transporter A explosives, had trucks, with a driver only, delivering explosives in North and South Dakota, Wyoming and Eastern Montana. During the winter months the drivers are often caught in unexpected heavy snowstorms that necessitate driving under adverse conditions at very slow speeds. This causes the drivers to drive at least 14 hours to reach a place of safety. Driving very slowly in a heavy snowstorm with a truck full of explosives is nerve wracking and very tiring. Upon reaching a place of safety they are, of course, tired and require rest. OSHA requires that they remain “alert” and attend to the vehicle at all times. FMCSA on the other hand is of the opinion that the drivers require sleep once they are off the road. Your client comes to you with the question of whether or not these tired drivers must remain awake and “alert” once they are off the road as OSHA requires, or can they sleep, as FMCSA believes they should? The drivers should apply the fatigue management program which according to FMCA provides managers and drivers with a framework for managing drier fatigue through and among other items awareness and education on screening for sleep disorders, biocompatible scheduling practices as well as an understanding of the need and implications of good sleep habits (Department Of Transportation, 2005). The shift changes and driver fatigue recovery is the best strategy for application under this case. In the case above, the drivers ought to have been scheduled on issues related to shift changes either through weekend recovery from cumulative fatigue. Truck drivers are allowed to take their weekends on any day of week (Department Of Transportation, 2005). This is for the sake of avoiding the issue of concern which is the recovery process that occurs during these days off. Having known that during winter months drivers are often caught in unexpected heavy snowstorms that necessitate driving under adverse conditions and at very slow speed which causes the drivers to drive at least 14 hours to reach a place of safety, they ought to have prepared for it (Department Of Transportation, 2005). In addition, they ought to have taken their leaves earlier to recover from accumulate fatigue before embarking on this journey. Nevertheless, some degree of sleep and fatigue is likely to catch up with the drivers due to human nature and more especially after driving very slowly in a heavy snowstorm with a truck full of explosives (Department Of Transportation, 2005). In such a case, the advanced driver fatigue alerting technology becomes useful. The objective of this technology according to FMCSA is to increase driver alertness through a fatigue alertness monitor (Department Of Transportation, 2005). This is usually done through establishment of a low cost which is comfortable, reliable, and rugged and user friendly driver fatigue and alertness technology. The technology monitors driver drowsiness by issuing continuous alertness level feedback to the driver as well as providing alerts and warnings when the driver’s alertness level falls below a specified threshold (Department Of Transportation, 2005). Alternatively, the drivers can use the proof of concept test of a drowsy driver detection system which is based on the PERCLOS (percent of time the eyelids are closed 80% or more over a given time period) concept to track their fatigue. Once he cannot control his fatigue, the next driver will take over (Department Of Transportation, 2005). This will mean that while one driver is awake and alert attending to the vehicle, the other one is a sleep or resting. That way, both the OSHA and FMCSA rules of alertness and getting sleep once off the road will have been implemented effectively (Hounshell, 1984). The infrared based technology to measure PERCLOS works best at night because it has a limitation of working during day light. FMCSA is in the process of exploring alternative technologies or a combination of technologies and measures like steering and lane tracking that will overcome these limitations and investigate development of a more robust system (Hounshell, 1984). This will identify and develop low cost devices which will be used to reinforce driver fatigue training and enhance behavioral changes to assure drivers are well rested before continuing with their journeys. Question 2 Your client, the Mountain Lumber Company, is logging lodge pole pines in western Montana. The forest growth is thick, and the individual trees are tall but small in diameter so that each logger is working alone cutting down the trees. In order to keep the distance greater than two tree lengths apart taking into account slope and soil conditions, the loggers will be out of sight and audible contact with each other. They cannot hear each other by radio or whistles or any other device a logger may carry. Your client asks you how they may comply with the OSHA distance requirement without hiring more staff, or changing their cutting practices? I will advice this to seek for a variance from OSHA standards. This is a regulatory action that will permit this client to deviate from the requirements of an OSHA standard under specified conditions (U.S department of Labor, 2012). There are a wide of improved information providing insight into the background of variances, variance qualification, the application process and why certain applications are denied. This client should access these variances and apply for the one that fits his condition of work. However, the client should bear in mind that the variance never provides a complete exemption from standards set except in cases involving national defense (U.S department of Labor, 2012). Hence as much as he would like to use the variance, it will only apply to the fact that the individual trees are tall but small in diameter so that each logger is working alone cutting down the trees (U.S department of Labor, 2012). In order to keep the distance greater than two tree lengths apart taking into account slope and soil conditions, the loggers will be out of sight and audible contact with each other. Other OSHA standards for logging operations will be applicable. Some of the reasons why employers can request for variances according to OSHA are; shortage of personnel, shortage of equipment, shortage of materials that can make one unable to fully comply on time with a new safe (U.S department of Labor, 2012). Employers might also prefer using methods, facilities or equipment believed to protect workers better as compared to those of OSHA standards (Indiana Department of Labor, 2009). The agency is likely to grant a variance to employers once they prove that their proposed conditions, methods, operations and processes can provide workplaces that are safe and healthy as the workplaces provided by the OSHA standards from which he or she is seeking variance (Indiana Department of Labor, 2009). Hence, this client will have to convince the organization that the conditions which he or she is intending to work on are safe and healthy to his employees. Question 3 A fire occurred in the warehouse, and two workers died because they ran to a closet door thinking it was a fire exit. Mr. Jones the warehouse operator knows that 70% of his employees are functionally illiterate and can’t read the signs. OSHA cited Mr. Jones stating that he failed to furnish a place of employment free from recognized hazards. Mr. Jones comes to you asking that you defend him since he complied with a specific standard. What do you tell Mr. Jones? I will tell Mr. Jones to take a firm stand and inform the organization that the warehouse has complied with the OSHA standard of emergency exit by marking the doorways as required (U.S. Department of Labor, 2001). In addition, I will tell him to inform the organization that apart fro using the ‘exit’ signs on the doorways; they usually create time twice a year to train their employees within the warehouse on emergency exits (U.S department of Labor, 2003). One of the prominent other sign we use a part from the exit is the green running man. The pictogram is a sign of wordlessness which can be understood even by people who don’t speak our local language or are illiterate (U.S department of Labor, 2003). In addition, we have the sign in our exit doors to guide our workers to safety zones incase of emergency exits. Green color just makes sense to everyone because it is a color of safety. America should avoid the skepticism toward pictograms and symbols which have long been more popular in the rest of the world than they are here in America (U.S. Department of Labor, 2001). Pictograms are important as they inform even the illiterates and foreigners who cannot speak our language. As per my case, I had done my best through training and furnishing the building with adequate emergency exit signs hence cannot be held responsible for the death of the two workers who ran to closet. The two workers ran to a closet either because they were confused or because of ignorance. We have trained these people over for a long time concerning emergency exits including usage of pictograms and signs of danger. The last training we did is barely a month ago. So, OSHA is not justified in citing me by stating that I failed to furnish a place of employment free from recognized hazards. I will also tell Mr. Jones to convince OSHA that during the day of emergency he executed a plan which included alerting the workers to evacuate dangerous zones (U.S department of Labor, 2003). For instance, I made sure all alarms were distinctive and recognized by every worker I the warehouse as a signal to evacuate the work area. I also made available an emergency communication system which is a public address system to contact local law enforcement and the fire department (U.S department of Labor, 2003). Finally, I stipulated that all alarms were heard, see and perceived by everyone in the warehouse. Hence I do not see any reason why OSHA should accuse me of failing to furnish the warehouse from recognized hazards. References Hounshell, D. (1984). From the American System to Mass Production, 1800-1932: The Development of Manufacturing Technology in the United States. Baltimore: Johns Hopkins University Press. Department Of Transportation. (2005). Federal Motor Carrier Safety Administration. Federal Register, Rules and Regulations, 70 (164), 49978-50073. Indiana Department of Labor. (2009).OSHA Record Keeping Requirements. Retrieved June 13, 2014. http://www.in.gov/dol/files/300_Log_Presentation.pdf U.S department of Labor. (2012). OSHA; Temporary Worker Initiative. Retrieved June 13, 2014. https://www.osha.gov/temp_workers/OSHA_TWI_Bulletin.pdf U.S department of Labor. (2003). OSHA; Occupational Safety and Health Administration. Retrieved June 13, 2014. https://www.osha.gov/OshDoc/data_General_Facts/emergency-exit-routes-factsheet.pdf U.S. Department of Labor (2001). OSHA; How to Plan for Workplace Emergencies and Evacuations. Retrieved June 13, 2014 https://www.osha.gov/Publications/osha3088.pdf Read More