R. Williams Construction Co. v. OSHRC

Topics: Occupational safety and health, Occupational Safety and Health Administration, Employment Pages: 4 (1129 words) Published: March 2, 2014


LEGAL ISSUE
R. Williams Construction Company v. OSHRC is a case regarding the rules and regulations of OSHA verse the practices of a construction company. OSHA (Occupational Safety and Health Act) is a government regulated organization that was created to ensure the safety of employees while on the job. The regulations of OSHA have been put in place to eliminate and/or reduce the number of on the job injuries and deaths. Therefore, legal issue of this case is whether or not the courts should hold the construction company responsible for specific violations of OSHA standard regulations. Yet, in the case of Williams Construction the company was put under investigation by OSHA after a trench collapsed at a construction site, which resulted in the death of one employee Jose Aguiniga and the serious injury of another employee by the name of Adam Palomar. Once OSHA completed their investigation, they charged Williams Construction Company with four violations that carried hefty 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 ($7,000 fine). 2) The failure to ensure that employees did not have to travel more than twenty five feet to reach a safe point ($7,000 fine). 3) The failure to have a “competent person” that was specifically trained in trench safety to inspect the area each day before employees began working ($7,000 fine). 4) The failure to make sure that the walls of the evocation were either sloped or supported ($70,000 fine) (Walsh, 2010). According to OSHA, that if the regulations were followed the tragic accident could have been avoided, and one person would not be dead.

Explain what the employer did or failed to do that violated the OSHA Act. As a company R. Williams Construction failed to do four things in regards to the regulations of OSHA. The first violation that was brought against Williams Construction was the...


References: Walsh, D. J. (2010). Employment law for human resource practice: 2010 custom edition (3rd ed.). Mason, OH: South-Western Cengage Learning.
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