a) Read chapter 15, chapter question # 1: OSHA Fact pattern on page 584. Answer the question in the fact pattern and discuss your reasoning, supporting your position with additional research or articles. b) Read chapter 15, chapter question # 6: Worker’s comp fact pattern on page 585. Answer the question in the fact pattern and discuss your reasoning, supporting your position with additional research or articles, if you wish. Post your combined answers to “a” and “b” in discussion 4.3: Workplace Issues.
Chapter 15 question #1. Employees were making repairs on a company’s huge forging press using a gear-pulling device. The device had four large steel studs weighing nearly forty pounds each. A stud broke off during the repair operation, flew 121 feet, and struck an employee in the head. There had been two prior incidents in which studs had broken off and nearly injured workers, including supervisors, in the vicinity. The lead repairperson for the day shift had repeatedly requested enhanced safety precautions during repair operations, but the company rejected these measures because they would have been too expensive or time consuming. However, on another occasion, the company did take the lead repairperson’s suggestion that it post warning signs and cordon off the area. OSHA cited the company under the general duty clause. The company appealed the citation. What should the court decide? Why? Chapter 15 question #6. Three emergency medical services employees were returning to their office in an ambulance after having had lunch. An EMT in the rear of the vehicle turned on the power to a manual cardiac defibrillator, adjusted its energy to a high setting, and picked up the defibrillator paddles. He jokingly told a female employee riding in the passenger seat of the ambulance that “I’m going to get you.” She screamed and told him to get the paddles away from her. The EMT appeared to be complying, but then turned back toward her and struck her with the paddles while simultaneously activating them. The female employee lost consciousness, had cardiac arrest, and eventually died from electrocution by the charged defibrillator. The deceased employee’s estate sued for negligent hiring and retention of the EMT. Is workers’ compensation the exclusive remedy for the employee’s death, or can the employer be sued in tort? Why? . I will need references.