May 27, 2012
HRM 510 Employment Law For Human Resource Practice
What was the legal issue in this case?
This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs. These regulations are put into place to help reduce the number of on the job injuries and deaths.
In this case with Williams Construction the company was put under investigation after a trench collapse, which resulted in the death of one employee Jose Aguiniga and a serious injury to another employee Adam Palomar. After the investigation, OSHA charged Williams Construction with four violations that all resulted in expensive fines. The violations found from the investigation included; 1. The failure to instruct employees and managers on how to recognize and avoid hazardous work conditions. 2. The failure to ensure that employees did not have to travel more than twenty five feet to a safe zone. 3. The failure to have a “competent person” that was specifically trained in trench safety. 4. The failure to make sure that the walls of the evocation were either sloped or supported. (Walsh, 2010)
It is the belief of OSHA that if these regulations were followed the tragic accident could have been avoided. The legal issue is whether or not the courts and the construction company itself should up hold the violations of specific OSHA standards. Explain what the employer did or failed to do that violated the OSHA Act.
The first violation that was brought against Williams was the failure to provide instructions to employees and their managers about how to recognize and avoid unsafe working conditions 29 C.F.R. § 1926.21(b)(2) (www.dol.gov). Williams provided no training in trenching hazards to at least the two employees working in the trench; moreover, no Williams’s supervisor was familiar with...