Legal Liab - PP - Chapter 4

Legal Liab - PP - Chapter 4 - Contacting OSHA Testifying...

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Chapter 4 Employer’s Rights
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OSHA Enforcement Section 8 Inspection Present Credentials Employee or Union Representative Opening Conference Inspection Closing Conference
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OSHA Enforcement Observing a violation Assessing violation and penalties Service of the citation (6 months)
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Citation Appeal 15 working days Voluntary informal Conference Appeal Notice PMA OSHRC
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Citation Appeal Again – 15 working days ! Sec. of Labor to OSHRC Administrative Law Judge Hearing Review Appeal
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Employer Rights Know purpose of inspection Union or employee representatives Accompany compliance officer Marshall v. Barlow’s (search warrant)
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Search Warrant Section 8(a) Marshall v. Barlow’s Camara v. Municipal court See v. City of Seattle Plain View Exception Emergency Exception Colannade-Biswell Exception
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Discrimination “No person” Protected Activities
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Unformatted text preview: Contacting OSHA Testifying Private Litigation Negligence Actions OSHA standard as a defense Freedom of Information Act Preparing to Contest a Citation OSHA 6 months to provide citation Employer 15 working days to appeal Informal Conference Possible Defenses Procedural Factual Procedural Defenses OSHAs burden of proof Technical defenses Preemption defenses Jurisdictional defenses Statute of Limitations defense Factual Defenses Unpreventable Employee Misconduct Isolated Incident Defense Greater Hazard Defense Impossibility of Compliance defense Machine Not in Use defense Preparing a Defense Safety & Loss Prevention professional should work with legal counsel on any appeal. Documentation acquired during the inspection is key!...
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This note was uploaded on 08/08/2010 for the course SSE 833 taught by Professor Dr.schneid during the Summer '10 term at E. Kentucky.

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Legal Liab - PP - Chapter 4 - Contacting OSHA Testifying...

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