BOS 3525- Legal Aspects of Safety & Health Assignment: Legal Aspects of Safety and Health- Columbia Southern University
We received a non-formal complaint recently from one of your current employees. The complaint alleges that employees there are performing welding operations on stainless steel in an area with inadequate ventilation.
This employee also states that they frequently "cough up" black sputum, and that they are worried about the health consequences caused by this lack of ventilation.
The complaint further states that no air sampling has been performed to evaluate the employees' exposures to welding fumes. And, that when asked for respirators, they were given "dust masks" with one strap, which were purchased at the local hardware store. The effectiveness of these dust masks for the exposure that is present is also in question.
I will also be sending you an email summarizing this non-formal complaint, so that you can respond accordingly.
Part 1
Draft a letter in response to the complaint. Your letter should summarize why you believe the complaint is invalid and no on-site inspection is required. Keep in mind, simply stating that the complaint is invalid is not adequate. You must support your opinions in the letter.
Part 2
Answer the questions below in a few sentences.
1. Where does this type of complaint fit on OSHA's Priority criteria?
2. What factors could have made this complaint non-formal rather than formal?
3. What steps could you take as the employer to identify the employee who filed the complaint? 4. What factors could result in this complaint being reclassified as a formal complaint?
Discussion Question
Question 1
Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference?
Question 2
If the OSHA compliance officer requests documents that are not related to a formal complaint, what options do you believe the employer has?
Question 3
If OSHA determines that an employer's response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have?
Question 4
Can an employee request that an attorney or union representative attend a private conference with the compliance officer? If the union demands to have a representative present, does the employee have to comply?
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.