Osha Standards

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1. Who is responsible for establishing OSHA standards?
The Occupational Safety and Health Administration sets health and safety standards and insures these standards are implemented by employers through plant and office inspections. The addition or deletion of occupational health and safety standards is declared by the Secretary of Labor. Interested parties may submit written comments regarding a proposal. In establishing standards, the Secretary of Labor must set forth standards to prevent employees from suffering substantial harm to their health even if the employee worked at this job for most of his or her adult life. 2. If an employer is unable to comply with an OSHA standard, what alternative is available to the employer? If an employer is unable to comply with an OSHA standard they may request a temporary variance from the Secretary of Labor explaining that cannot fully comply by the effective date, due to shortages of materials, equipment or professional or technical personnel, or can prove their facilities or methods of operation provide employee protection "at least as effective" as that required by OSHA. Employers must make every effort to comply as soon as possible. The time limit is one year, which may be renewed twice. 3. Human Resource Dilemma, Ch 18, #1, p. 433 (Steven Goldberg). Steven Goldberg, who is Jewish, is a factory worker at Uranus Umbrella Company. His work shift has been changed on weekdays to 11:00 a.m. to 7:00 p.m. He asks for an accommodation to have his shift adjusted on Fridays to allow him to return home before sunset. Uranus claims this accommodation would place it in violation of the seniority provision of the collective bargaining agreement it has with Steven’s union. How would you advise Uranus? I would explain to Steven that, an employer must provide an effective reasonable accommodation when a qualified individual with a disability needs an accommodation, unless providing the reasonable accommodation would create an...
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