Employees the emergency standard is effective until

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Unformatted text preview: yees from such danger. employees The emergency standard is effective until regular The standards are approved through the regular procedures or for ___ ______, whichever is shorter. Brian Chu Wednesday, April 24, 2013 Brian 24 General Duty Clause General The clause reads, “Each employer . . . shall furnish to each of his (sic) employees employment and a place of employment which are free from __________ _______ that are __________ _______ causing or are likely to _____ _____ or likely _______ ________ ____to his employees.” _______ ____ The clause protects employees against certain The hazards in the workplace, where no other OSHA standard would address the condition. standard Brian Chu Wednesday, April 24, 2013 Brian 25 What are Recognizable Hazards? It has been generally accepted that a recognized hazard may take the form of ______ ________ when the employer ______ actually knows of the hazard, or ___________ _________ if the industry ___________ recognizes the hazard even if the employer doesn't actually know of the hazard. Brian Chu Wednesday, April 24, 2013 Brian 26 “ ______ _________” ______ _______ _________ can be shown in one of _______ two ways: two First, it can be shown through ____ ______ First, _________ or policies of the employer which evidence that the employer knew that there might be a hazard. Second, ______ _________ may be shown where the hazard is so obvious that anyone would be aware of it. Brian Chu Wednesday, April 24, 2013 Brian 27 “____________ __________” An employer’s knowledge may be An ________ from an _____ __________ which is issued to an industry about a certain hazard. certain Or, an industry publication citing a Or, potential problem area or a voluntary industry standard may be used against a specific employer who claims that it was not aware of the risk. Brian Chu Wednesday, April 24, 2013 Brian 28 Likely to Cause Death or Serious Physical Harm Serious The Review Commission has stated that The “the proper question is not whether an accident is likely to occur, but whether, if an accident does occur, the result is likely to be death or serious physical harm.” Brian Chu Wednesday, April 24, 2013 Brian 29 If there is no OSHA standard… If Where a problem has recurred in the workplace, Where but no new OSHA standards have yet been developed to deal with this problem, employees are left to seek relief from the risk through the ________ ____ _______. ________ There is no OSHA standard which directly There addresses exposure to blood-borne pathogens such as HIV, so the _______ _____ clause may apply. Brian Chu Wednesday, April 24, 2013 Brian 30 The _______ ____ _______ & HIV The The _______ ____ ________ only applies The where an employee had a good faith belief that there is an unsafe environment. Courts have held that the belief that casual contact with infected co-workers poses a danger is not a reasonable belief, so the clause does not apply. Brian Chu Wednesday, April 24, 2013 Brian 31 The _______ ____ _______ & HIV The Other OSHA Regulations may also apply Other to hazards such as HIV and the H...
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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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