Responsibility For Accident Case Essay

Below I will be analyzing the Responsibility for Accident case to find out the answer about the inquiry of who is responsible for a work accident – the employee or the company? First of all, I am going to look at every fact and different points of view of the case. I will also going to analyze the employee’s complains about the unsafe workplace. On the other hand, I will analyze what is the foreman’s defense to demonstrate that the employee is responsible for the accident and not the company.

The Responsibility for Accident case is about an argument between an employee, called John Schmidt, and his employer. The dispute occurred when John seriously injured his hand when operating a machine in the production shop and neither John nor the company

First, the employee had on his favor that a coworker supported his declaration that the safety maintenance procedures were not enough because the design of the safety guard lacked quality and did not worked properly. Furthermore, the coworker assured that other shop workers had informed their supervisor about the issue of the safety guard. However, David Donald, the company’s manager, explained that the foreman had a records of the maintenance of the machine and that the foreman assured the machine was in perfect conditions. The last fact to consider is that a health and safety report concluded and informed that the safety guard of the machine in question was poorly designed, which could potentially cause accidents to the

When I read that some of the employees already told the foreman about the machine problems and the foreman does not took action is something that worries me. It worries me because the situation could have been worst if the machine would have killed the employee, like it has happened in reality. (OSHA) One thing the company can do to improve the safety of their employee is to give them various options to communicate with management if they have any problems or concerns about their production department. Additionally, the company could have external auditors that visit the company regularly to ensure that the machines and procedures are following OSHA guidelines.