Assignment 9 – Team 3
- What steps should the Dynamic Duo’s owners take immediately?
The very first step the Dynamic Duo’s owners need to take is to ensure that the six employees who have been injured or who have complained of various stomach ailments get the medical treatment needed to ensure their safety and wellbeing. Also, an investigation should be immediately conducted to determine if the cause of the stomach ailments could be linked to anything within the workplace (ex. chemical exposure). If it is determined that a chemical exposure occurred, the Dynamic Duo needs to take steps to immediately correct the hazard and issue a hazard communication[K1]to employees who may also have also been exposed to the chemical.
2. What legal steps would you recommend that Dynamic Duo take[K2]?
After employees are safe and taken care of, the Dynamic Duo needs to contact the Occupational Safety and Health Review Commission (OSHRC) immediately to report the compliance officer entered the facility without following OSHA inspection procedures[K3]. The compliance officer entered the facility without conducting an opening conference or showing a search warrant. The compliance officer did not define the scope of his investigation nor did he allow an employee representative to accompany him throughout the inspection. The compliance officer failed to have a closing conference with the employer outlining possible violations, proposed financial penalties, and the date by which the hazards need to be corrected. And, in addition, the compliance officer issued two citations to the facility – which was out of his scope of authority. [K4]
3. What advice would you give the owners concerning the company’s obligations under OSHA to record accidents and illnesses?
The Dynamic Duo needs to ensure that they are complying with OSHA’s recording and posting requirements[K5]. All work-related injuries and illnesses are required to be recorded on OSHA Form-300, which is used to classify the injury or illness and to note the severity of each. A summary (Form 300A) is completed to show the totals for the year and is required to be posted where employees can view[K6].
4. Visit and determine if you can provide any additional information to help make the plant safer. “Cut and Paste” or print out information from this website that would be helpful.
There are several things that Dynamic Duo can do to make the plant safer for employees and protect the company. First and foremost, the Dynamic Duo needs to ensure they are by abiding by OSHA guidelines - which starts with becoming familiar with the guidelines and safety requirements. OSHA offers training and technical support to employers that they should take advantage of which can be found at OSHA resources include worker training and access to training documents as well as on-site consultation
The Dynamic Duo needs to ensure that safety policies and procedures are written and implemented and that all employees are trained and that training is documented in the employee’s file.
Because there were recent issues related to a fall from scaffolding, an injury related to a conveyor belt, and a possible series of exposures to chemicals, the Dynamic Duo should ensure that each incident is investigated and that root causes are identified[K7]. OSHA has specific guidelines related to the scaffolding which can be found at: .
Specific guidelines related to Conveyor belt safety which can be found at:
Specific guidelines related to personal protective equipment:
And respiratory requirements which can be found at:
The Dynamic Duo needs to ensure that MSDS sheets are properly located throughout the facility to ensure if there is an exposure to a chemical, employees and the supervisor know what treatment is needed and what exactly they are being exposed to. Guidelines can be found at:
5. How could Dynamic Duo be issued a citation for an ergonomics violation? Mr. Cameron says, “I thought they got rid of that stupid regulation.” What is your response?
In 2001 George W. Bush did sign legislation that repealed an ergonomic standard; however, employers can still be issued citations for hazards that cause repetitive strain injury (RSI) under the general duty clause of OSHA. These investigations are typically labor intensive; therefore, I would suggest that we contact Occupational Safety and Health Review Commission since the compliance officer did not conduct the inspection in accordance with OSHA inspection guidelines. However, if there are ergonomic safety issues, we as the employer need to make reasonable attempts to correct any hazards and to protect the employees[K8].
6. Mr. Saline fired an employee who refused to work around some of the resins after three employees complained of stomach problems while working with the resins. The employee has threatened to sue the company but Saline has invoked the “employment-at-will” doctrine. Take a position on Mr. Saline’s argument.
Mr. Saline’s argument to fire the employee using the “employment-at-will” doctrine puts the company at risk for litigation[K9]. Under OSHA, employees have the right to a safe and healthful workplace that is free from serious recognized hazards. According to Whirlpool v. Marshall, employees who have a reasonable apprehension of death or serious injury may refuse to work until the hazard is corrected. Because the company does not know if the stomach illnesses are work-related or personal viruses, the employer should take precautionary steps to ensure employees are protected. If a[K10]fter further investigation, the stomach illnessesare determined to be related to a personal illness (ex. flu, etc.) – and the employee still refuses to work with the resins - at that point the employer could terminate the employee for failing to perform essential functions of the job[K11].[K12]
[K1]More about communication steps and steps to safeguard
[K2]DO you think they need to retain counsel??
[K3]I agree. What is the process here. This is not well developed as a a respnse
[K4]Need to site the parts/sections of law to make your case stronger
[K5]Yes….
[K6]Much more than this needed.
[K7]Good
[K8]More than this needed
[K9]I agree
[K10]Good
[K11]Grade = 85. Many of you answers are way too underdeveloped.
[K12]It should not be framed around and DA concept but rather overall job absence or presence.