Safety and health professionals face potential legal and ethical issues on an almost daily basis. In a landscape of changing responsibilities and new laws, they often make difficult decisions that can result, in hindsight, in the creation of legal issues and liabilities for themselves and their companies. Written by occupational health and safety expert Ton Schneid, Corporate Safety Compliance: OSHA, Ethics, and the Law provides guidance though the maze of legal issues involving OSHA and...
Safety and health professionals face potential legal and ethical issues on an almost daily basis. In a landscape of changing responsibilities and new laws, they often make difficult decisions that can result, in hindsight, in the creation of legal issues and liabilities for themselves and their companies. Written by occupational health and safety expert Ton Schneid, Corporate Safety Compliance: OSHA, Ethics, and the Law provides guidance though the maze of legal issues involving OSHA and OSHRC and how to avoid potential legal liability.Tackling safety and ethical issues head on, Schneid explores issues in criminal liability for individuals and corporations under the OSHA Act and state criminal codes. He includes methods for achieving and maintaining OSHA compliance, using specific case studies to illustrate ways to avoid or minimize the impact of legal issues. The text addresses not only OSHA regulations and standards but also the legal aspects up to and including OSHRC decisions on specific issues. Additionally, the author examines the ethical issues involved in many of the legal aspects of the safety issues as well as ethical issues in the day-to-day management of safety and health.The mere mention of the word OSHA scares many people. Often, OSHA has been the much maligned federal agency that was the brunt of attacks from both management and labor organizations. Tom Schneid elucidates the potential legal and ethical issues of the new industrialized workplace. His proactive approach helps you avoid or minimize potential liabilities, where possible, but also gives you the tools to be prepared and knowledgeable in the unique appellate process with OSHA and the OSHRC.
Foreword xiAcknowledgments xiiiAbout the Author xvIntroduction 1History of OSHA 3OSHA Inspection Procedures 7Corporate Compliance Management 17Corporate Risk Assessment Considerations 20Compliance Risks 20Safety in the Workforce 20Travel Risks 20Fire Risks 20Natural Disaster Risks 21Emergency and Disaster Preparedness (in Facilities) 21In-House Security 21Workplace Violence 21Industrial Theft and Sabotage 21Cyberterrorism 22Terrorism and External Groups Targeting Specific Industries 22Pandemics, Avian Flu, and Other Airborne Contaminants 22Summary 22Preparing for an Inspection 23OSHA Inspection Checklist 25OSHA Penalty Structure 29Defenses to an OSHA Citation 37Criminal Sanctions under the OSH Act and Beyond 43Occupational Safety and Health Review Commission 47Occupational Safety and Health Review CommissionAppeal Procedures 57Operational Compliance 63Multi-Employer Worksite Issues 71Workers' Compensation and Safety 75Other Litigation Issues 87Private Litigation under the OSH Act 87Negligence Actions 88OSHA Standards as Defense 89Media Relations 91Alternative Strategies 92Summary 92Other Laws Affecting the Safety Function 93Americans with Disabilities Act 93Family and Medical Leave Act 96Fair Labor Standards Act 97Title VII of the Civil Rights Act 99Age Discrimination in Employment Act 101Employment and Labor Laws 103Privacy Laws 106Ethics in the Safety Profession 109Emerging Issues in Safety 119Rights and Responsibilities under the OSH Act 123Guide to Review Commission Procedures: Occupational Safety and Health Review Commission (August 2005) 131SAMPLE Corporate Compliance Program Checklist 159The U.S. Equal Employment Opportunity Commission 163Secretary of Labor v. Summitt Contractors, Inc., Respondent (OSHRC Docket No. 03-1622) 169OSHA: Employee Workplace Rights 247OSHA Field Inspection Reference Manual CPL 2.103, Section 8 - Chapter IV. Post-Inspection Procedures 261Workplace Violence: Hazard Awareness 293The Fair Labor Standards Act (FLSA) 297CPL 02-00-124 - CPL 2-0.124 - Multi-Employer Citation Policy 301Index 313