Chapter_16_On_Occupational_Safety_And_Health_Act_(OSHA)

if the injury does not fit into one of these four

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Unformatted text preview: to a different position. ________ If the injury does not fit into one of these four categories, If then no report needs to be made. Brian Chu Wednesday, April 24, 2013 Brian 39 Work-Related Injuries Work-Related An illness or injury is considered work-related if An 1) it occurred __ ___ _______ _________, 2) it occurred as a result of_____ ________ activities, 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 the workplace. While employees must be informed of their OSHA rights by their employer, displaying this poster is not mandatory. poster Employee rights include requesting and Employee participation in inspections, notice of an employer's violations or citations, access to monitoring procedures and results, and access to medical information. to Whistleblowers are protected under the Act Brian Chu Wednesday, April 24, 2013 41 Employer Defenses Employer Although where an employer knew or should have known of a certain situation, then the employer is liable for the harm that results from that situation…. that Employers may use prior precautions, such as Employers 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. safety, Brian Chu Wednesday, April 24, 2013 42 Physical or Economic Impossibility of Compliance of There are some standards that employees contest. There 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 ________ 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. least 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. prevented In order to assert this defense, however, an In employer must show: employer a. the hazards of compliance with the standard the are greater that the hazards of noncompliance are b. alternative means of protection are alternative ___________, and and c. a _________ from the Secretary was _________ unavailable or inappropriate. unavailable Brian Chu Wednesday, April 24, 2013 45...
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This note was uploaded on 08/28/2013 for the course MGT 4523 taught by Professor A during the Spring '08 term at LSU.

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