1st Edition

Corporate Safety Compliance OSHA, Ethics, and the Law

By Thomas D. Schneid Copyright 2008
    332 Pages 4 B/W Illustrations
    by CRC Press

    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.

    Introduction

    History of OSHA

    OSHA Inspection Procedures

    Corporate Compliance Management

    Preparing for an Inspection

    OSHA Penalty Structure

    Defenses to an OSHA Citation

    Criminal Sanctions under the OSH Act and Beyond

    Occupational Safety and Health Review Commission

    Occupational Safety and Health Review Commission Appeal Procedures

    Operational Compliance

    Multi-Employer Worksite Issues

    Workers’ Compensation and Safety

    Other Litigation Issues

    Other Laws Affecting the Safety Function

    Ethics in the Safety Profession

    Emerging Issues in Safety

    Appendix A Rights and Responsibilities under the OSH Act

    Appendix B Guide to Review Commission Procedures: Occupational

    Safety and Health Review Commission (August 2005)

    Appendix C SAMPLE Corporate Compliance Program Checklist

    Appendix D The U.S. Equal Employment Opportunity Commission

    Appendix E Secretary of Labor v. Summitt Contractors, Inc., Respondent

    (OSHRC Docket No. 03-1622)

    Appendix F OSHA: Employee Workplace Rights

    Appendix G OSHA Field Inspection Reference Manual CPL 2.103,

    Section 8 — Chapter IV. Post-Inspection Procedures

    Appendix H Workplace Violence: Hazard Awareness

    Appendix I The Fair Labor Standards Act (FLSA)

    Appendix J CPL 02-00-124 — CPL 2-0.124 — Multi-Employer Citation Policy

    Index

    Biography

    Thomas D. Schneid