{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Legal Liab - PP - Chapter 4

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

Info iconThis preview shows pages 1–14. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 4 Employer’s Rights
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
OSHA Enforcement Section 8 Inspection Present Credentials Employee or Union Representative Opening Conference Inspection Closing Conference
Background image of page 2
OSHA Enforcement Observing a violation Assessing violation and penalties Service of the citation (6 months)
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Citation Appeal 15 working days Voluntary informal Conference Appeal Notice PMA OSHRC
Background image of page 4
Citation Appeal Again – 15 working days ! Sec. of Labor to OSHRC Administrative Law Judge Hearing Review Appeal
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Employer Rights Know purpose of inspection Union or employee representatives Accompany compliance officer Marshall v. Barlow’s (search warrant)
Background image of page 6
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
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Discrimination “No person” Protected Activities
Background image of page 8
Background image of page 9

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Background image of page 10
Background image of page 11

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Background image of page 12
Background image of page 13

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Background image of page 14
This is the end of the preview. Sign up to access the rest of the document.

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 • OSHA’s 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!...
View Full Document

{[ snackBarMessage ]}