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10 Cards in this Set
- Front
- Back
What entity/agency enforces workplace health/safety?
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OSHA governs unless federally approved state plan; once approved, state heads the charge
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Definition of employee?
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BROAD = if work involved could affect commerce
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In addition to OSHA, what else must ER comply with?
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General duty clause: each ER must furnish a place of employment that is free of recognized hazards causing or likely to cause death or serious physical harm
duty to abate hazards |
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factors of duty to abate hazards?
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hazards exist, ER recognize, hazards threaten serious physical harm, ease of abatement
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OSHA requirements for ER safety instructions to E:
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1. Specific enough to show E how to recognize and avoid hazard
2.Modeled on applicable regulations |
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Home offices - who governs them?
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No one! OSHA etc will check any other home-based worksite per reporting, and ER is responsible for home-based worksites other than these.
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ER Defense for unpreventable E misconduct?
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Rules to prevent exist.
Communicated rules to E. ER took steps to discover violations ER enforced rules effectively upon violation discovery |
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Does OSHA have to get a warrant?
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YES! like any other govt search
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Can the E sue the ER for violation of OSHA?
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NO! but, E can use violation of OSHA for establishing standard of care
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Can E go straight to court?
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NO, first administrative, then court
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