OSHA: Workplace Safety
Employment Law · Lesson 13
OSHA: Workplace Safety
這一課問的是：僱主是否違反 OSHA 標準或一般義務條款，未提供安全工作場所？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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OSHA
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Occupational Safety and Health Act of 1970.
OSHA。
general duty clause
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§5(a)(1): employer must provide workplace free from recognized hazards causing or likely to cause serious harm.
一般義務條款。
specific standards
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OSHA promulgated regulations on specific hazards.
具體標準。
whistleblower protection
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§11(c): protects employees reporting safety violations.
告密保護。
inspection
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OSHA may inspect; Marshall v. Barlow's requires warrant absent consent or exigency.
檢查。
Rule Sentence · the workhorse
The Occupational Safety and Health Act requires employers to provide each employee a workplace free from recognized hazards causing or likely to cause death or serious physical harm; specific OSHA standards regulate identified hazards, and §11(c) protects employees who report violations from retaliation.
Mini IRAC · build the Application
Issue. Has D violated OSHA's general duty clause by failing to provide fall protection on a 30-foot roof where employees regularly worked?
Rule. OSHA's general duty clause requires employers to provide a workplace free from recognized hazards causing or likely to cause death or serious physical harm.
Application (model). D failed to provide fall protection on a 30-foot roof where employees regularly worked. Because OSHA's general duty clause requires addressing recognized hazards likely to cause death or serious harm, and 30-foot falls are a quintessential recognized fatal hazard, the fact that D allowed regular work at 30 feet without fall protection means D failed to address a recognized fatal hazard.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, D has violated OSHA's general duty clause.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
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