7 – I need a paper and an esssay

I need a two page paper and an essay journal entry. All original work only
paper needs apa citations. Word document has all info on both paper and essay.
All necessary documents are attached including unit lesson. Use no more than
three sources, WIKIPEDIA is not allowed. Case Study is posted in power-point slide.


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U7 Lesson
The primary objective of workplace safety is the prevention of workplace injuries,
illnesses, and fatalities. In 2014, almost 4,821 U.S. workers died from workplace injuries. There
were approximately 2.9 million nonfatal workplace injuries and illnesses (Bureau of Labor
Statistics, 2016). These incidents cost businesses huge sums of money and take a significant
toll on the victims and their families. One death is too many, but the number of deaths, injuries,
and illnesses has generally declined over time, due in no small measure to safety requirements
at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
1970, only the common law bound employers to provide employees with a safe workplace.
Further, employers had several common law defenses that often enabled them to avoid liability.
Employees had few protections from unscrupulous employers who eschewed safety for profit.
The OSH Act covers almost all employers and employees and is critically important to those
who support employment law compliance. Any employer in a business affecting commerce is
subject to and covered by the OSH Act. The limited exceptions to coverage are primarily the
self-employed and farms that employ only immediate family of the owner. Workplaces covered
by other federal laws, such as the mining, nuclear, railroad, and airline industries, as well as
state and local governments (unless otherwise permitted by state law) are also excluded from
the OSH Act (OSHA, n.d.-a).
The OSH Act imposes two basic requirements on employers to accomplish the goal of a
safe workplace. First, the employer must comply with all the safety and health standards set by
the U.S. Department of Labor (DOL). Second, the employer must furnish each of its employees
a workplace free from recognized hazards that are causing or likely to cause death or serious
physical harm.
The Occupational Safety and Health Administration (OSHA), which falls under the DOL,
is charged with enforcing the OSH Act. OSHA translates the basic requirements imposed on
employers by the OSH Act into specific actions. OSHA holds employers responsible for
proactively adopting safety practices, communicating them to employees, insuring employees
use them, monitoring working conditions, alerting employees to potential hazards, and reporting
work-related deaths and injuries (OSHA, n.d.-a). OSHA has established industry standards to
inform employers how to guarantee a safe and healthy workplace. The four major categories of
OSHA standards are general, construction, maritime, and agriculture. To determine the industry
standards an employer needs to follow, he or she must determine the appropriate industry code
that applies to the organization within the North American Industry Classification System
While some OSHA standards are specific to one industry, many of them apply across
industries, such as standards for personal protective equipment and hazardous communication.
Most employers will need to implement a combination of standards including the associated
training and safety inspection requirements to be compliant. OSHA requires that employers
prominently display federal workplace health and safety posters in their workspaces.
To help employers navigate the requirements imposed on them, OSHAâ??s website contains a
wealth of information for various types of employers, including small businesses. The siteâ??s
resources include interactive tools for both employers and employees. Every state has free
workplace consultations available to small businesses that want onsite help in establishing
safety and health programs. This assistance will also help in identifying and correcting
workplace hazards. Additionally, OSHA has a network of compliance assistance specialists in
local offices to provide tailored information and training to employers and employees. There are
22 states that have OSHA-approved job safety and health programs. These are operated by the
individual states instead of adhering to federal OSHA standards. All state plans are approved
and monitored by OSHA, and they require that state-run safety and health programs must be at
U7 Lesson
least as effective as the federal program. If the state programs are compliant, OSHA provides
as much as fifty percent of the funding for each program (OSHA, n.d.-c).
What is the downside of lax compliance with OSHA requirements? After years of a legal
anomaly that prevented OSHA from increasing penalties, in 2016, Congress passed legislation
that allowed the agency to adjust penalties to more appropriate and modern levels. Serious
violations of the law increased from $7,000 to $12,471 per violation. Failure to abate dangerous
or hazardous conditions rose from $7,000 to $12,471 per date after the date recorded on an
OSHA citation for correction of the violation. In addition, willful or repeated violations increased
from $70,000 to $124,709 per violation (Smith, 2016).
In 2016, OSHA released new injury and illness reporting rules that change the way
employers have long done business and in an unusual twist, call into question employersâ?? drug
testing practices after accidents. Traditionally, employers track and maintain injury information
internally, though fatalities and serious injuries must be reported to OSHA immediately. The new
rule, however, requires electronic submission of the information by the employer annually to
OSHA. In turn, OSHA will then publish the data online for anyone to access. There are also new
requirements related to employee involvement in employer recordkeeping practices and the
prevention of discrimination and retaliation. Employers must inform each employee how to
properly report a work-related injury or illness. Further, employers must establish a reasonable
procedure for employee reporting. A process is not reasonable if it would prevent or discourage
a reasonable employee from correctly reporting a workplace injury or illness. Employers must
inform employees of their right to report injuries and illnesses and inform them that they cannot
be fired or discriminated against for reporting (Gelb, Hennessy, Olie, & Petrides, 2016).
The twist is the impact on employer drug testing policies. In conjunction with this new rule,
OSHA announced that policies that call for across-the-board testing after an accident deter
employees from reporting injuries and may not be reasonable. OSHA indicates that employers
should engage in post-injury drug testing only when there is a reasonable potential that drug
use by the reporting employee contributed to the injury or illness and further, only when the test
can precisely indicate that impairment was caused by the use of drugs (Gelb et al., 2016). This
guidance does not appear to prevent testing where there are facts that support that drugs could
have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to
determine when it is appropriate to drug test employees following reported accidents, injuries,
and illnesses.
Workplace violence is an area that can affect all employers and has increasingly been in
the forefront of OSHAâ??s attention. Workplace violence is any act or threat of physical violence,
harassment, intimidation, or other threatening disruptive behavior that occurs at the workplace.
It includes a wide range of actions from threats and verbal abuse to physical assaults and even
homicide (OSHA, n.d.-d). It can affect and involve employees, clients, customers, and visitors.
Among many incidents is one in 2010, which occurred as two dozen employees worked at a
Penske truck rental facility near Atlanta. A former employee, dressed in camouflage, came to
the facility and fatally shot three workers and injured two others. Subsequently, a survivor of one
of the workers killed in the shooting sued Penske, claiming that the company had been making
threats to come to the property and hurt employees and that the company therefore had an
obligation to protect its employees (Bluestein, 2010).
According to OSHA (n.d.-d), homicide is the fourth-leading cause of fatal occupational
injuries in the U.S., accounting for over 400 of the workplace fatalities in 2014. Further, nearly
two million American workers report having been workplace violence victims annually and many
U7 Lesson
cases go unreported (OSHA, n.d.-d). While there is no magic way to predict where workplace
violence will occur, OSHA has identified workers with elevated risk of being victims of violence
as those who exchange money with the public, delivery drivers, healthcare professionals, public
service workers, customer service agents, law enforcement personnel, and workers who work
by themselves or in small groups. Additional risk factors include working in a location where
there is the service of alcohol and working late at night or in areas with known high crime rates.
To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy
covering not only workers, but also anyone exposed to workers in the workplace. Further,
employers should assess their workplaces, identify risk factors, and implement methods of
reducing risk. Training, too, can reduce the incidence of workplace violence and inform workers
what concerns they should report, how to report concerns, and how to respond if an incident
Clearly, establishing and maintaining a safe and healthy workplace is a goal that
requires attention on a daily basis, not only from HR staff, but also just as importantly from
managers and workers. Government entities such as OSHA protect workers in the workplace
and require employers to provide risk reduction and safe work environments through education,
training, and government assistance. Within organizations, employers must ensure
management is knowledgeable about their responsibilities, as well as resources available to
help them achieve safety goals. HR has the responsibility of keeping this critical goal in front of
the members of the organization and avoiding complacency because just one incident can have
devastating effects.
Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Retrieved from
re_shooting/Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace
injuries and illnesses â?? 2015 [Press release]. Retrieved from
Gelb, A. R., Hennessy, J. K., Olie, C. M., & Petrides, T. H. (2016, May 19).
OSHA issues new illness and injury recordkeeping rule that casts doubt upon commonplace
employer drug testing and safety incentive policies. The National Law Review. Retrieved from
http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rulecasts-doubt-upon-commonplace Occupational Safety and Health Administration. (n.d.-a). OSHA
laws & regulations. Retrieved from https://www.osha.gov/law-regs.html
Occupational Safety and Health Administration. (n.d.-b). OSHAâ??s form 300 [Image]. Retrieved
from https://www.osha.gov/recordkeeping/images/clip_image002.jpg
Occupational Safety and Health Administration. (n.d.-c). State plans: Frequently asked
questions. Retrieved from https://www.osha.gov/dcsp/osp/index.html
Occupational Safety and Health Administration. (n.d.-d). Workplace violence. Retrieved from
https://www.osha.gov/SLTC/workplaceviolence/Smith, A. (2016, October 19).
U7 Lesson
Steep new penalties under OSH Act raise compliance concerns. Retrieved from
U7 Case Study
Part 1 â?? Journal Entry
Some experts say that it is impossible for an employer to predict who will be violent, so there is
not much employers can do to prevent violence in the workplace.
What is your personal viewpoint regarding this statement? As you explain your rationale,
consider your current or a previous workplace.
Do you feel safe from the threat of workplace violence?
If it were your own business, is there anything you would do differently to protect your
Your journal entry must be at least 200 words. No references or citations are necessary.
Part 2 â?? Case Study
Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.)
located in your textbook on pp. 554â??558, including the opinion of Judge Rodgers as well as the
dissenting opinion of Judge Kavanaugh.
Write a case study review of the courtâ??s opinion that answers the questions below. Support your
review with analysis and evidence from the unit reading and outside sources.
What are the legal issues enforced by the Occupational Safety and Health
Administration (OSHA) and presented in this case?
How did the plaintiff establish a valid violation under the General Duty Clause of the
OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.
How does OSHA enforce workplace safety and health standards?
Do you agree with the courtâ??s decision? Should or could SeaWorld have done more to
abate the hazard? Support your position.
Your case study should be written in APA style and must be a minimum of two pages, not
including the title and reference pages.
You must us a minimum of three sources. All sources used must be referenced; paraphrased
and quoted material must have accompanying citations.

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