- Read about the two court cases from below, and respond in writing to the case questions. Answer the case questions in the attcahments for corresponding court case.
1. R. Williams Construction Co. v. OSHRC (Ch 15, p 548)
2. Rachells v. Cingular Wireless Employee Services (Ch 16, p 591)
The requirements below must be met for your paper to be accepted and graded:
- Write between 750 - 1,250 words (approximately 3 - 5 pages) using Microsoft Word in APA style, see example below.
- Use font size 12 and 1" margins.
- Include cover page and reference page.
- At least 80% of your paper must be original content/writing.
- No more than 20% of your content/information may come from references.
- Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
- Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.
References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.
A detailed explanation of how to cite a source using APA can be found here (link).
CASE QUESTIONS
1. What was the legal issue in this case? What did the court decide?
2. What exactly did the employer do or fail to do that violated the OSH Act?
3. Why was it "unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harm's way"? What role, if any, should employees' actions have in determining liability under the OSH Act?
4. Ultimately, these violations that caused, or at least contributed to, the death of an employee and serious injuries to another resulted in a $22,000 fine for the employer.
Is that a just outcome? Are the penalties for violations of OSHA standards sufficient?