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 …show more content…
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 …show more content…
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.
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BELL SUFFERED AN INJURY WHILE AT SAFE PLACE ANNUAL PICNIC THAT AROSE FROM EMPLOYMENT BECAUSE SAFE PLACE BENIFITED FROM THE EVENT BY ATTENDING THE PICNIC, BOOSTING MORALE AND TEAM BUILDING AND THERE WAS A CAUSAL AND THERE WAS A CONNECTION BETWEEN THE INJURY AND THE EMPLOYEMENT WHICH WAS A RISK OF THE EMPLOYMENT.
Question Presented: Under Californian workers’ compensation law can a worker receive workers’ compensation and when the injury was self-inflicted, and when their participation in the activity was voluntary, and when the activity took place after the work day and when the worker did not want to say no to their supervisor and when they were anxious to get on their boss’s good side and while during the activity business was discussed and when the company built the court for a director of sales, and when the director believed that inviting employees to play was a great way to get to know their employees, to increase morale and camaraderie at the company but when at the activity the employee’s injury was self-inflicted, and when their participation of in the activity was voluntary, and when the activity took place after the work day.
It is important for business management to develop and promote sound health and safety policies and to consider, not only the legal requirements and the possibility of prosecution, but also the possibility of an employee personal injury claim.
In order to keep up with current Occupational Safety and Health Administration (OSHA) requirements, employers must ensure they take all the aspects required into consideration and educate their employees on the security and safety measures to be taken as well as updating them on the procedures relevant to their duties. OSHA is in charge of upholding and conducting standards measures that are lawfully imposed by the state and federal agencies. It requires every company to have well educated, trained employees on safety issues and who are able to apply these training into practice to ensure they achieve a healthy working environment. Employees need to be educated on the safety of the equipment they use in their place of work too.
When safe working procedures are required, they must be followed. In addition, employees must not deliberately or recklessly interfere with or misuse safety equipment that is provided. They must not deliberately put at risk the health and safety of others.
Staff should not leave the worksite merely because you have filed a complaint. If the condition clearly presents a risk of death or serious physical harm. The OSHA Act protects workers who observe these unsafe or unhealthful working conditions in the workplace (OSHA, n.d.). The OSHA Act prevents the transferring of employees, denying a raise, reduction in hours, being fired, or disciplined in any other way because you used any right given to you to protect the safety of others in the workplace (OSHA, n.d.).
The carpenter is entitled, under the government law, to have a protected work environment. The business must have a work environment that is wellbeing and security risk free. If the worker does not feel comfortable about anything, he or she is allowed to talk to the business without being rejected. It is illegal to be fired, demoted, or transferred for addressing something that is accepted to be a risk. If the worker has been denied in anyway, he has thirty days to record the incident. The worker does have the right to be trained for the dialect that they talk in, work on machines that have shelter, be given a security design that is needed to perform his job, be protected from any dangerous chemicals, call OSHA to come in and examine or talk with a reviewer, report any wounds or ailment get duplicates of therapeutic records, and get copies of any test results that was done to discover any risks in the work environment. There are all the more, however these rights are the most vital that a worker would need to remember. In the event that the worker believes they are working in unhealthful or dangerous environment, it is their right to get ahold of OSHA and request a review. Whenever possible, they will bring the states of the work circumstances to the business’s
As Judge Learned Hand said, “The spirit of liberty is the spirit which is not too sure that it is right...”. Tort law is about compensation for the damage suffered. Nevertheless, it is also about balancing freedom and protection and there are two main ways to balance it. First of all, there is fault liability, which asks a question, did someone exercise a sufficient care. On the other hand, there is strict liability, in which, even though someone exercised sufficient care, can still be liable. Nevertheless, each jurisdiction tackles this problem in a different way. For the purpose of this paper, two jurisdictions which are most distinctive will be chosen, and that is French and English jurisdiction. In line with that, English law stems
Workplace safety is a commonly used phrase that many do not consider until an accident occurs within the workplace. Throughout the U.S., workplace injuries occur on a daily basis. This has been an issue in the workforce for many years and is still an ongoing issue. Are there laws that protect employees from an unsafe work environment; what is the Occupational Safety and Health Act (OSHA); and how did the labor unions affect the law? In this paper these following questions will be addressed, as well as the background and driving force of OSHA.
The article “Role of Management in Improving Workplace Safety and Health” (Admin, 2011) points out the importance of keeping the workplace safety and explains the role of Human Resources managers in workplace safety and health maintenance. The Human Resources managers should be more proactive regarding workplace health and safety (Admin, 2011). Although the employers' responsibilities regarding workplace safety and health are both ethically and legally undeniable, “Role of Management in Improving Workplace Safety and Health” makes a critical error by placing those responsibilities entirely on the HR Department. Furthermore, it is not possible to be more proactive because the HR department is not specialized in workplace safety and needs to fulfill other functions within the company. The Occupational Safety and Health Administration (OSHA) is a government agency that defines and regulates employer responsibility in creating and maintaining a safe and healthy environment for employees. Instead of inspecting, evaluating, and developing solutions by themselves, HR managers are responsible only for following OSHA rules and regulations and keep up with current trends proposed by OSHA.
A) Explain why accident occur at workplace and support your answer with any theories of
Employers have many health and safety responsibilities such as; Employer’s should decide what could cause you harm in your job and the things that they can do to stop that from happening. This could be by fixing a chair that you sit in regularly that you have reported to not be adequate for supporting your back, it is their responsibility to listen and act on your complaint for your safety. It is also their responsibility to ensure that you do not pay any money for the chair to be fixed or to buy a new one. They must provide you with any equipment/protective clothing free of charge. This ensures that even the staff on the lowest of wages do not have to choose between personal necessities or their safety. Employers should always explain who is responsible for the health and safety in your workplace and who you should report any incidents to clearly, this person will be responsible for keeping up to date records on any incidents and reporting any major incidents, injuries or diseases to the incident contact centre. Employers must insure that they consult with staff and this person regularly to address any potential hazards in the workplace and come to a solution that will prevent incidents from happening.
Although workplace accidents are very common, the majority of them can be prevented. As a company, you are obliged by the law to protect your employees, so it is important to take the necessary actions that will minimize the risk of accidents (Intelligent HQ, 2015).
Incident/accident investigations that focus on identifying and correcting root causes, not on finding fault or blame, also to improve workplace morale and increase productivity, by demonstrating an employer’s commitment to a safe and healthful workplace. Incident/accident investigations are often conducted by a supervisor but to be most