A Practical Guide to the Occupational Safety and Health Act
"An indispensable reference covering the full breadth of OSHA issues. This comprehensive volume should be within close reach of all practitioners who advise clients on occupational safety and health issues." -Hon. Timothy F. Cleary, Former Chairman, Occupational Safety and Health Review Commission
The Occupational Safety and Health Act applies to virtually every employer in the nation. This fully annotated volume--designed to speed your research when OSHA problems arise--provides complete coverage from the points of view of employers, employees, the courts, and the agencies responsible for enforcement.
A Practical Guide to The Occupational Safety and Health Act discusses subjects such as: the practical impact OSHA has on a business; how employers should respond to an OSHA inspection or enforcement proceeding; the right of employees to initiate and participate in inspections; appropriate challenges in rule-making and adjudication proceedings; and analysis of the statute and regulations to ascertain the rights of all parties. It includes coverage of: the possibility of criminal prosecution for OSHA violations and the degree to which an employer's "indifference" to violations can constitute "actual knowledge"; the doctrine of "unpreventable employee misconduct"; and the responsibility of architects, engineers and other professionals to ensure compliance with safety standards.
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Procedural Aspects of OSHA Inspections
by Other Federal Agencies
iv Good Faith
7 The State Plan Coverage Defense
Employee Rights and Duties
Appendix B A25
Table of Cases TC1
1 Offer of Proof
Problems of Proof in Establishing a Preponderance
Defenses to Citations
6 Preemption by Another Federal Agency
1 Establishment and Submission to OSHA
5th Cir abatement action Administrative Law Judge affirmative agency alleged Amendment appeal apply authority burden cause challenge Circuit citation cited claim Commission complaint compliance comply conduct considered constitutional Construction contest contractor Corp court criminal D.C. Cir danger decision defense denied determine District duty clause effect Electric employ employer enforcement equipment establish evidence example existence exposure fact failed failure federal filed final finding hazard hearing held industry injury inspection involved issue judicial knowledge limited Marshall means noted notice Occupational Safety occurred officer Operations OSH Act OSHA OSHA's OSHRC particular party penalty person practice present procedures proceedings promulgated protection question reasonable recognized record regulations rejected repeated responsibility result rule Safety and Health Secretary of Labor serious Services specific standard Steel substantial supervisor supra tion United violation warrant workers workplace