This preview shows page 1. Sign up to view the full content.
Unformatted text preview: to a different position.
If the injury does not fit into one of these four categories,
then no report needs to be made. Brian Chu Wednesday, April 24, 2013
Brian 39 Work-Related Injuries
An illness or injury is considered work-related if
1) it occurred __ ___ _______ _________,
2) it occurred as a result of_____ ________
3) the employee was required to be there by
the employer, or
4) employee was traveling to work or to a place
he was required to be by the employer.
If the activity does not fit into one of these
categories, then it was not work-related and no
report needs to be made
Brian Chu Wednesday, April 24, 2013
Brian 40 Employee Rights
Employee rights under OSHA are identified on
OSHA poster no. 2203 which may be placed in
While employees must be informed of their
OSHA rights by their employer, displaying this
poster is not mandatory.
Employee rights include requesting and
participation in inspections, notice of an
employer's violations or citations, access to
monitoring procedures and results, and access
to medical information.
Whistleblowers are protected under the Act
Brian Chu Wednesday, April 24, 2013 41 Employer Defenses
Although where an employer knew or should
have known of a certain situation, then the
employer is liable for the harm that results from
Employers may use prior precautions, such as
training sessions and other educational
programs aimed at increasing worker safety, as
a means to minimize their liability.
Where the employee is _________ ________,
notwithstanding all of the employer’s efforts at
safety, the employer is not liable.
Brian Chu Wednesday, April 24, 2013 42 Physical or Economic Impossibility
There are some standards that employees contest.
These standards would be those where the employees
believe that the burden of complying is greater than the
danger prevented by the compliance. These employees
may therefore refuse to work.
Because courts hold that the safety of the workforce is of
greater importance than the burden of dealing with work
stoppages, the employer could apply to the Secretary for
a ________ from the standard which would allow this
employer to be free from compliance based on the
specific situation at its work site.
A ________ is a right given to the employer not to
comply with the standard, either permanently or on a
temporary basis if the employer's work environment is at
least as safe as if the employer had complied.
Brian Chu Wednesday, April 24, 2013 43 Employee Reduction of Risk.
Where an employer cannot on its own
make a workplace safe for its employees,
but through the acts of its employees, the
workplace can be made safe, the
employer is allowed to require those acts
for anyone that chooses to work there. Brian Chu Wednesday, April 24, 2013
Brian 44 "Greater Hazard" Defense.
Employers may contend that compliance with a
health or safety standard would subject the
employees to a greater hazard that which is
prevented by the compliance.
In order to assert this defense, however, an
employer must show:
a. the hazards of compliance with the standard
are greater that the hazards of noncompliance
b. alternative means of protection are
c. a _________ from the Secretary was
unavailable or inappropriate.
Brian Chu Wednesday, April 24, 2013 45...
View Full Document
This note was uploaded on 08/28/2013 for the course MGT 4523 taught by Professor A during the Spring '08 term at LSU.
- Spring '08
- Human Resource Management