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Unformatted text preview: orcement is through inspections of the Enforcement workplace by ____ ___________ ________, either as a result of complaints from employees, grievances filed by other sources, or reports of fatal or multiple injuries. Brian Chu Wednesday, April 24, 2013 Brian 9 OSHA Enforcement OSHA Inspections are conducted without prior Inspections notice to the employer. OSHA prohibits an employer from ____________ or _____________ against any employee who exercises any right afforded by the Act. afforded Brian Chu Wednesday, April 24, 2013 10 PENALTIES PENALTIES Penalties and “__________ _______” Penalties are assessed in connection with the officer's report. OSHA penalties are based on __________ __ _________ and ________ __ _______, rather than the number or severity of injuries. Brian Chu Wednesday, April 24, 2013 Brian 11 OSHA VIOLATIONS OSHA OSHA categorizes violations it finds by severity OSHA and issues fines accordingly. The categories are: _______ (Employer _____________ and _______ _________ commits the violation) - $5000$70,000 penalty $70,000 ______– (Substantial probability that _____ __ (Substantial ________ _________ ____ can result and employer knew or should have known of hazard) - up to $7000 penalty up Brian Chu Wednesday, April 24, 2013 12 OSHA VIOLATIONS OSHA ______ (violation existing on re-inspection ______ after first inspection) up to $70,000 penalty after ________ __ _____ (failure to correct ________ prior violation) up to $7000 per day prior _____ (violation directly related to job _____ safety and health but would not cause safety death or serious bodily harm) – up to $7000 penalty Brian Chu Wednesday, April 24, 2013 13 What is a “Willful” Violation? What The OSH Administration defines a The “willful” violation as “a violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. The employer either knows that what he or she is doing constitutes a violation, or is aware that a hazardous condition existed and made no reasonable effort to eliminate it.” Brian Chu Wednesday, April 24, 2013 Brian 14 What is a “_______” Violation? What The Occupational Safety and Health Review The Commission held that a _______ violation is one “committed with intentional, knowing or voluntary disregard for the requirements of the Act, or with plain indifference to employee safety” It differentiated a _______ violation from others by It “an employer's heightened awareness of the illegality of the conduct or conditions and by a state of mind, i.e., ___________ ________ or _____ i.e. ___________ ___________ for the safety and health of employees.” Brian Chu Wednesday, April 24, 2013 Brian 15 What is a “Willful” Violation? What American Wrecking Corp. v. Secretary of Labor. Secretary Here the court held that that an employer who commits an OSHA violation through negligence has not committed a “_______” violation. has The court held that “a distinction between The ______ and _______ violations exists only if ____________ means knowledge that the conditions violate the statute or regulations – actual rather than imputed knowledge, for actual for...
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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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