BOS 3525, Legal Aspects of Safety and Health Unit I to Unit VIII Assignment

Unit I Assignment

Hi Jerry! This is your OSHA’s Area Director.

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.

Thanks Jerry! Goodbye.

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 following question on the page 2 of your word document) 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?

Save both parts of this assignment in one word document to submit for grading.

Unit II Assignment

Discussion Question

Question 1

Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference? Your response should be at least 75 words in length.

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? Your response should be at least 75 words in length.

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? Your response should be at least 75 words in length.

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? Your response should be at least 75 words in length.

Unit II Assignment

You receive a follow-up call from the area director saying the employee filing the original non-formal complaint has provided additional information about the alleged health situation and submitted a formal complaint using the OSHA-7 form, making the complaint a formal complaint. A few days later, an OSHA compliance officer shows up at your facility to perform a comprehensive inspection. The compliance officer presents the proper credentials, and you verify that the compliance officer is employed by OSHA and assigned to the local office.

During the opening conference, the compliance officer provides you with the formal complaint, alleging that employees are exposed to hazardous concentrations of metal fumes in welding areas of the plant, that you have not performed any air sampling to determine exposure levels, that adequate ventilation is not present in welding areas, and that adequate respiratory protection has not been provided to welders. As a part of the inspection, the compliance officer requests the following documents:

 Chemical inventory list;

 OSHA 300 logs;

 Hazard Communication Program, including training records;

 any sampling data that you have;

 Respiratory Protection Program, including medical clearance letters and training records;

 written hazard assessment for personal protective equipment (PPE) used at the facility;

 Safety Data Sheets (SDSs) for the metals you use in the production process and any welding rods/wire used in the welding area; and

 any other written programs you have that are required by an OSHA regulation.

The compliance officer takes a walk-through tour of the facility, spending extra time in the welding areas. During the walk-through, the compliance officer points out several issues believed to be apparent violations. The issues are as follows:

 Heavy haze is present in the welding area.

 Individuals wearing half-mask air-purifying respirators have full beards.

 Employees are using chemicals that could be injurious to the eyes, and no emergency eyewash is present.

 Eyewash is present in another area of the plant that is covered in dust, and there is no indication of recent operation or inspection.

 Employees are using chemicals that could be absorbed through the skin and are not using any gloves.

 Employees are performing maintenance inside a press with no lock-out/tag-out applied.

 No written lock-out/tag-out program is available at the time of the inspection.

 Welding operation is performed near flammable materials, and no fire watch present.

 There is no record of training for fork truck drivers.

 Extension cords are stretched across walkways.

 Three containers are present in the plant with no label present on any of the containers.

 An employee could not find a SDS for the chemical he or she was using.

The compliance officer asks for a private conference room and a list of non-managerial employees. He tells you that he intends to interview four non-managerial employees before leaving for the day. He also states that he will return the next day to collect some air samples at the facility.

You are worried about the number of citations and penalties that you may face. Provide a document summarizing the steps you would take as soon as the compliance officer leaves, and the steps you believe you could have taken during the walk-through that may have resulted in a quick-fix penalty reduction.

Your document must be at least three pages in length, not counting the title or reference pages. You must also include at least one reference using appropriate APA style.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit III Assignment

You receive a document (linked below) by certified mail. After reading the document, prepare a response that summarizes the approach you would take to the citations and penalties that have been proposed. Be sure to include the following in your response:

 Steps you are required to take,

 Options available to you,

 Contacts you would make, and

 Documentation necessary to respond to the citations and penalties.

Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited and a reference provide using APA style.  Click here to access the OSHA citation document for this assignment. Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit IV Assignment

Based on the Citation and Notification of Penalty letter you received in Unit III, prepare a document that summarizes at least five actions you would take as soon as possible after you reviewed the letter. For each of the actions, you must state the following:

 the exact action,

 why you believe the action is required for the citations and penalties,

 how you believe the actions will assist in responding to the citations and penalties, and

 resources you would use to accomplish the action.

You must support your actions with reliable sources. Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited, and a reference must be provided using APA style.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit V Assignment

You managed to schedule an informal conference with the area director at the regional OSHA office four days after you receive the Notice of Citations and Penalty. Based on the citations and penalties you received in Unit III, prepare a document that lists the citations and penalties you wish to discuss with the area director.

You should summarize what you are trying to accomplish in regard to each citation/penalty you choose, to include:

 The information you will use to try and accomplish your goal,

 The information you will take with you to the meeting, and

 Who will accompany you to the meeting.

You must support your actions with reliable sources. Your grade will be based on your ability to present a case to your professor (serving as the area director) to reduce either the severity of some citations, or the amount of some penalties. If you simply state that you accept the citations and penalties as written, you will receive a minimal score on the assignment.

Your response must be a minimum of two pages in length, not including the title page and reference page. You must use at least one reference in the paper. All sources must be cited in the text and on the reference page, using APA style.

Unit VI Assignment

You fail to reach an informal settlement agreement with the area director. You file a Notice to Contest within the required 15-day period. Your case is assigned to an administrative law judge (ALJ). Prepare a document summarizing the case you will submit to the ALJ. The document should discuss the following at a minimum:

 Which citations and penalties you would contest,

 the reasoning behind each contested citation and/or penalty,

 Documents you would bring to the hearing,

 Individuals you would use at the hearing,

 How the case before the ALJ differs from the informal conference,

 What information will be presented before the ALJ that was not presented in the informal conference, and

 What information you would request from OSHA as part of discovery.

You must support your actions with reliable sources. Your grade will be based on your ability to present a case to your professor, serving as the ALJ, to reduce or vacate either the severity of some citations or the amount of some penalties. If you simply state that you accept the citations and penalties as written, you will receive a minimal score on the assignment.

Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited in the text and on the reference page, using APA style.

Unit VII Assignment

Assume that a fatality occurred at your facility one month prior to the OSHA inspection. Review the citations and penalties that were assessed to your facility, and respond to the following questions:

• Which of the citations could be referred to the U.S. DOJ for criminal proceedings?

• What conditions would have to be met before the citations could be referred for criminal proceedings?

• Which individuals working at your facility could face criminal charges under the Act?

• What would be the maximum prison sentence and fines that any individual would face?

• What would be the maximum fine that the company would face?

• If you were facing criminal charges under the Act, what would be your best defense?

• How could you involve the OSHRC in the criminal case(s)?

Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited in the text and on the reference page, using APA style.

Unit 8- Question Answer

1. Summarize the procedures required to achieve Star status under OSHA’s Voluntary Protection Program (VPP).

2. Describe the role that Challenge Administrators play in the OSHA Challenge voluntary cooperative program.

3. Provide your opinion as to which OSHA voluntary cooperative program would be the most beneficial to a small business that prints business cards and letterhead.

4. Discuss the benefits that OSHA alliances provide to employers and workers in general industry.