Reoly to Discussion:
The Occupation Safety and Health Administration (OSHA) is a government agency that regulates workplace safety and health. The Occupational Safety and Health Act of 1970 gave Congress the authority to create it. It was established with the goal of ensuring a safe and healthy working environment for workers and anyone else on the grounds of the business by creating and enforcing safety standards as well as offering safety and health related training and support.
OSHA responsibilities are:
- Encouraging employees and employers to work towards ensuring reduction of hazards in the workplace.
- Ensure improvement of the existing safety culture.
- Monitor job related accidents, injuries and illnesses.
OSHA inspections are important techniques for detecting breaches of OSHA rules, which can vary from trivial to very dangerous.
Various types
De Minimis Violations – These are minor technical violations of OSHA standards that do not have a direct impact on the health and safety of workers or anyone else in the workplace. OSHA inspectors do not issue fines since such infractions are minor. For instance, instead of 12 inches between rungs, a ladder’s inches between rungs should be 13 inches.
Other-than-severe infractions – These are breaches that do not result in death or serious injury but nevertheless fall within OSHA’s jurisdiction. For example, failing to give copies of safety rules and failing to display needed paperwork in working locations that enables the completion of a specific activity when discovered by OSHA inspectors. This and any other connected violations carry a maximum penalty of $7, 000.
Serious breaches occur when an employer is aware that a task, condition, or substance has the potential to cause serious harm or death but fails to take appropriate precautions. The penalty for a major infraction is up to $7, 000 from OSHA. When an employer fails to enforce the use of PPE in the workplace, this is an example of a violation.
Violations committed knowingly are the most severe. For instance, suppose an employer fails to put in place appropriate safety precautions in well-known defective equipment, resulting in a deadly crushing disaster. The lowest and maximum penalties are $5,000 and $70,000, respectively. If defective equipment kills an employee, it is considered a criminal crime with a minimum fine of $250, 000 for an individual employer and $500, 000 for a company. These fines are also punishable by up to six months in prison for the employer.
Reference link
com/types-osha-violations-10693.html”>https://work.chron.com/types-osha-violations-10693.html
2)
If Peter Plaintiff wanted to sue the sheriff’s department for damages under this statute, he’d have to show that the sheriff’s department discriminated against him on the job (1). He’d have to show that the prejudice was done “with intent or reckless indifference,” as well as that it infringed on his federally protected rights (1). His claim would have to be filed.
The jury will then have to assess if the sheriff’s office discriminated with malice, which may be done in a number of ways. They’ll look at the nature of the violation, the extent of the harm, how long the discrimination lasted, how often the office has discriminated against someone in the past, if there was evidence that the office was attempting to cover up their discrimination if it was informed discrimination, and if there were threats made (2).
The number of punitive damages awarded must next be determined.
If Peter Plaintiff so desires, he can have his case heard by a jury.
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