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Occupational Safety and Health Act overview
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Introduction:
The Occupational Safety and Health Administration (OSHA) were created in 1970 by the United Congress and President Richard Nixon to protect workers from haphazard and dangerous work zone. The national public health agency was dedicated to the basic proposition that no works should have to choose between their life and their job (https://www.osha.gov/Publications/3302-06N-2006-English.html). The principal federal law requiring private sector employees to keep their workplace free from hazards that threaten the safety and health of employees is the Occupational Safety and Health Act. The OSHA law makes it clear that the right to a safe workplace is a basic human right.
On September 19, 2002, a trench collapse at a sewer construction
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Sergio Lopez acted as a translator for Palomar because he only speaks Spanish. Rick Dzamba is Sergio Lopez boss. Both testify; but due to the contrary in their statement, both are not credible. Moreover, other employees have testified that they did not received instructions training in trench safety. Moreover, they never had any safety meeting at the beginning of the workday on September 19, 2002. Based upon the witness testimony, William was charge in 4 counts of violation. The first violation was failing to instruct employees to recognized unsafe condition and eliminating other hazards. William provided no training in trenching hazard which causes the accident; although Williams’s supervisors were familiarized with OSHA regulation. The second violation was because William only provides one safe means of egress at the east end of the 45 ft. trench. An employee working less than 25 ft. from an exit may find it necessary to go further from the egress point to satisfy a completion of the job. Therefore, it is foreseeable of the danger zone will be exposed to the danger itself. Regardless of the case, William violated OSHA because as long as employees have access to a dangerous area more than 25 feet from a means of an egress. Their third violation is failing to designate a “competent person” with sufficient training and knowledge to identify and correct existing and predictable hazards. …show more content…
Federal regulation of coal mines were first enacted in the late 1800s. Early legislation concentrated on the major issues of the job safety, accidents, injuries, and death. Congress enacted OSHA Act in 1970 which created OSHA, a federal administrative agency. The act states that employers must provide employees a workplace “free from recognized hazard that causing or are likely to cause death or serious physical harm. Therefore, it is unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harms ways when William didn’t provide instruction or training for its employees (Meiner, Ringleb and Edward,
John Bartlow Martin in his case study exams the Centralia No.5 coal mine disaster on March 25,1947. This explosion occurred near the town of Centralia, Illinois, killing 111 mine workers. The detonation of the mine was caused of heavy deposits coal -dust along the roadway and entrances which over time exploded. Tunnel fires killed most miners, other were trapped and died with accumulating of poison gas. The explosion of Centralia No.5 can be blamed cause of lack of mine safely which this tragedy could have been prevented if the basic standards were followed.
McGuire, C. (2011, April). Workplace Safety 100 Years Ago. Safety Compliance Letter(2524), 1-6. Retrieved April 22, 2014, from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=60166397&site=ehost-live&scope=site
Coal mines in these times were glorified death traps and collapsed. Often. Workers or their families were basically never compensated for anything, and even when they took things to court, essentially no court was sympathetic toward any coal miner or their family, and if their father or brother died, they were on their on for the rest of their life, often then forcing child boys to work if they weren’t already. Also, not many workers spoke proper english in the mines, so they could not read instruction signs, and by misuse of equipment, killing themselves and/or other
This act dramatically changed the safety in mines
In this assignment I am going to describe three different Health and Safety legislations that promote the safety of individuals within a health and social care setting.
Occupational Safety and Health Administration also known as OSHA is a U.S. regulatory agency that is used to implement the safety of employees, patients and the enviro...
I have done an extensive search on the internet finding much of your needed information for the upcoming OSHA audit. You should find it helpful in answering all of the questions you had. I have attached the first page of every website in case you would like to check them out in more detail.
The OSH Act gave OSHA the authority to come into work places and inspect facilities for health and safety risks. Due to shortages in personnel, OSHA inspects accidents and safety complaints that are filed, and those facilities that have a high volume of accident rates. If an individual state has an approved safety and health enforcement plan, than they may be exempt from yearly inspections by OSHA and have their own state personnel conduct the inspections. The Act sets a maximum penalty for safety and health violations, but OSHA has the authority to calculate fines. If an industry objects to the citation or fines, they can go before the Occupational Safety and Health Review Commission. OSHA has been criticized on both ends, by industries for being too strict, and by unions for not being strict enough. In the 1980s, OSHA had instituted a policy that would exempt some workplaces from a complete inspection if they had a lower than average injury rate. However, that policy was abandoned when an employee died from a workplace that OSHA had not fully inspected. OSHA has implemented new procedures that have set higher penalties and increased the maximum fine for all types of infractions.
United States Department of Labor (2004) Occupational Safety & Health Administration. In Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers. Retrieved from http://www.osha.gov/Publications/OSHA3148/osha3148.html
The Occupational Safety and Health Act was passed down by the United States government in 1970. This act is to teach the citizens of the United States about safety and good working conditions, and also providing them with information and training about safety and health.
For example, factory workers were expected to work 14-16 hour days, six days a week. The dusty, dirty, unlit mills along with few break times made working there a living hell. “Breaker boys suffered from chronic throat trouble and respiratory illnesses that were caused by inhaling coal dust. Above ground machinery, particularly coal crushers, were dangerously loud. If a breaker boy worked long hours around the coal crusher he often suffered from hearing loss (Wagner). Due to the fact that there were no safety laws in place, ear plugs and masks were not used. In fact, no safety equipment was. The dangerous machines with unprotected parts made children susceptible to injury and death. If someone were to get injured, they were immediately fired and not paid compensation for their health care. “If a boy was caught wearing gloves, the boss would beat him. A skin condition that miners termed “Red tips” was brought about by prolonged contact with sulfur from the coal. Breaker boys’ fingers often became cracked, bloody, and swollen from sorting (Wagner)....
In her book Coal A Human History, Barbara Freese states "The mundane mineral that built our global economyand even today powers our electrical plantshas also caused death, disease, and environmental destruction" (front flap) Today, coal provides for more than 55% of the electricity generated in the U.S. (Cullen, Robert Vol.272) Coal miners have had one of the most dangerous jobs in history before government regulation. Many miners had to work underground for 10 + hours a day and 6 days a week(Cobb, James "Coal") The number of deaths per year is the equivalent of a Titanic going down in the nation's coal fields each year (Turkington, Carol) According to James Cobb from the World Book Online Reference Center mine safety involves four main types of problems including accidents involving machinery, roof and rib failures, accumulations of gases and concentrations of coal dust.
Management has to comply with the Occupational Safety and Health Administration’s regulations, or risk getting fined. There are many cases where companies try to cut costs, violate rules made by OSHA, and hide any unsafe conditions or ask their employees to lie about it. Putting employees in danger to make a greater profit goes against their corporate responsibility and makes their company lack integrity. Upper level management should make policies against using unsafe practices and lower level management lying about work conditions. They should also promote that employees report unsafe conditions to management and not penalize employees for “whistle-blowing”. Johnson & Johnson’s credo states, “…working conditions [must be] clean, orderly, and safe” (Code of Business Conduct, 2015). Johnson & Johnson implemented a variety of programs to make sure their employees are safe within the workplace including: machine, electrical, contractor, warehouse, and office safety, hazardous processes, and fall prevention (Workplace Safety, 2013). Johnson & Johnson works to reduce their workplace injuries each year and even gets employees and their families to help come up with new programs to further reduce unsafe situations in the workplace. All this contributes to why Johnson &
Employers negligent in providing health and safety in the work environment could become criminally charged, fined or sent to jail. Providing an unsafe workplace is no longer considered just as morally unjust, but an act of crime. Health and safety in the workplace has become more encompassing and broader, accepting new causes and problems that influence occupational health and safety. Health is no longer just defined as wellness of the physical body, but also wellness of the mind. Mental health is considered an area of workplace safety.
In the early 1900s industrial accidents were commonplace in this country; for example, in 1907 over 3,200 people were killed in mining accidents. At this time legislation and public opinion all favored management. There were few protections for the worker's safety. Today's industrial employees are better off than their colleagues in the past. Their chances of being killed in an industrial accident are less than half of that of their predecessors of 60 years ago. According to National safety Council (NSC), the current death rate from work-related injuries is approximately 4 per 100,000, or less than a third of the rate of 50 years ago. Improvements in safety up to now have been the result of pressure for legislation to promote health and safety, the steadily increasing cost associated with accidents and injuries, and the professionalization of safety as an occupation. When the industrial sector began to grow in the United States, hazardous working conditions were commonplace. Following the Civil War, the seeds of the safety movement were sown in this country. Factory inspection was introduced in Massachusetts in 1867. In 1868 the first barrier safeguard was patented. In 1869 the Pennsylvania legislature passed a mine safety law requiring two exits from all mines. The Bureau of Labor Statistics (BLS) was established in 1869 to study industrial accidents and report pertinent information about hose accidents. The following decade saw little progress in the safety movement until 1877, when the Massachusetts legislature passed a law requiring safeguards for hazardous machinery. In 1877 the Employers' Liability Law was passed. In 1892, the first safety program was established in a steel plant in Illinois, in response to the explosion of a flywheel in that company.