A Practical Guide to the Occupational Safety and Health ActLaw Journal Press, 2017. 11. 28. - 650ÆäÀÌÁö "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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... Challenges . . . . 2-4.1 [ a ] The Delegation Argument 2-4.1 [ b ] [ 2 ] The Separation of Powers Theory The First Amendment Challenge 2-5 2-6 ¡× 2.01 ¡× 2.02 [ 1 ] [ 3 ] The Fourth Amendment Challenge 2-6 [ 4 iii ( Rel . 26 )
... Challenges . . . . 2-4.1 [ a ] The Delegation Argument 2-4.1 [ b ] [ 2 ] The Separation of Powers Theory The First Amendment Challenge 2-5 2-6 ¡× 2.01 ¡× 2.02 [ 1 ] [ 3 ] The Fourth Amendment Challenge 2-6 [ 4 iii ( Rel . 26 )
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... Challenge [ 9 ] ¡× 2.03 The Sixth Amendment Challenge The Seventh Amendment Challenge The Tenth Amendment Challenge The Right to Privacy Constitutional Challenges to Inspection Warrants 2-16 2-18 2-19 2-20 2-20 2-22 [ 1 ] Introduction 2 ...
... Challenge [ 9 ] ¡× 2.03 The Sixth Amendment Challenge The Seventh Amendment Challenge The Tenth Amendment Challenge The Right to Privacy Constitutional Challenges to Inspection Warrants 2-16 2-18 2-19 2-20 2-20 2-22 [ 1 ] Introduction 2 ...
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... Challenging an OSHA Warrant 3-18 [ a ] Enjoining Issuance of the Warrant . . . 3-18 [ b ] Defying the Warrant 3-18.1 [ c ] Judicial Challenge to OSHA Enforcement 3-18.1 [ d ] Contest with OSHRC 3-19 [ e ] Alternatives to Challenging the ...
... Challenging an OSHA Warrant 3-18 [ a ] Enjoining Issuance of the Warrant . . . 3-18 [ b ] Defying the Warrant 3-18.1 [ c ] Judicial Challenge to OSHA Enforcement 3-18.1 [ d ] Contest with OSHRC 3-19 [ e ] Alternatives to Challenging the ...
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... Challenges [ 1 ] Statutory Authority 15-2 15-2 [ 3 ] [ 4 ] Jurisdictional Prerequisites [ 5 ] Scope of Claims [ 6 ] [ 2 ] Persons Who May Challenge a Standard Judicial Forums . . . 15-3 • 15-4 15-5 15-6 ¡× 15.02 Consequences of Challenges ...
... Challenges [ 1 ] Statutory Authority 15-2 15-2 [ 3 ] [ 4 ] Jurisdictional Prerequisites [ 5 ] Scope of Claims [ 6 ] [ 2 ] Persons Who May Challenge a Standard Judicial Forums . . . 15-3 • 15-4 15-5 15-6 ¡× 15.02 Consequences of Challenges ...
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Procedural Aspects of OSHA Inspections | 3-1 |
b Plain View | 3-12 |
3 04 | 3-21 |
05 | 3-45 |
02 | 4-1 |
03 | 4-14 |
04 | 4-22 |
06 | 4-38 |
CHAPTER 13 | 12-56 |
CHAPTER 9 | 13-9 |
01 | 14-1 |
01 | 14-9 |
CHAPTER 11 | 14-11 |
02 | 14-17 |
03 | 15-28 |
Employee Rights and Duties | 15-37 |
Substantive Aspects of Citations | 5-43 |
CHAPTER 6 | 5-44 |
2 Employer Notice of Contest | 2 |
CHAPTER 1 | 7-1 |
03 | 7-11 |
04 | 7-17 |
06 | 7-26 |
08 | 7-39 |
Chapter Contents | 8-1 |
1 Supervision Requirements Found in | 9-1 |
1 Factors to Be Considered in Filing Notice 920 | 9-20 |
CHAPTER 4 | 10-4 |
CHAPTER 5 | 10-5 |
03 | 11-13 |
04 | 11-28 |
1140 | 11-40 |
05 | 11-42 |
9 The Standard Was Improperly Promulgated | 12-1 |
CHAPTER 12 | 12-55 |
CHAPTER 10 | 16-19 |
Burden of Proof | 16-31 |
Appendix A | 1 |
ii | |
The Scope of Coverage Under | iii |
Procedural Aspects of Citations | v |
Degrees of Violation Penalties and Abatement | vi |
PreHearing Procedures | viii |
Conduct of the Hearings and Appeals | ix |
OSHRC Proceedings 112 | x |
Defenses to Citations | xi |
01 | 9 |
5 02 | 5-30 |
03 | 5-31 |
2 Employee Misconduct and the General | 2 |
CHAPTER 15 | 10-15 |
Appendix B A25 | 10-25 |
Table of Cases TC1 | 17-1 |
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10th Cir 1st Cir 3d Cir 5th Cir abatement Administrative Law Judge aff'd affirmative affirmative defense agency amendment apply authority Brennan Caterpillar Inc cert challenge citation cited claim Columbia Circuit complaint compliance officer comply conduct Construction contractor Corp criminal D.C. Cir decision defense denied determine duty clause Electric employer enforcement establish exposure failure feasible Field Operations Manual Fifth Circuit filed final order Fourth Amendment hazard Health Review Commission hearing industry infra injury inspector issue knowledge Marshall notice of contest Occupational Safety OSH Act OSHA Field Operations OSHA inspection OSHA standard OSHA's OSHRC party Potlatch Corp procedures proceedings promulgated proposed penalty protection reasonable record rejected repeated violation responsibility S.Ct Safety and Health Secretary of Labor Secretary's serious violation Seventh Circuit specific standard statute statutory Steel subcontractor substantial evidence supervisor Supp supra Third Circuit tion United vacated violative condition walkaround warrant workers workplace worksite