A Practical Guide to the Occupational Safety and Health ActLaw Journal Press, 2017 M11 28 - 650 páginas "An indispensable reference covering the full breadth of OSHA issues. This comprehensive volume should be within close reach of all practitioners who advise clients on occupational safety and health issues." -Hon. Timothy F. Cleary, Former Chairman, Occupational Safety and Health Review Commission The Occupational Safety and Health Act applies to virtually every employer in the nation. This fully annotated volume--designed to speed your research when OSHA problems arise--provides complete coverage from the points of view of employers, employees, the courts, and the agencies responsible for enforcement. A Practical Guide to The Occupational Safety and Health Act discusses subjects such as: the practical impact OSHA has on a business; how employers should respond to an OSHA inspection or enforcement proceeding; the right of employees to initiate and participate in inspections; appropriate challenges in rule-making and adjudication proceedings; and analysis of the statute and regulations to ascertain the rights of all parties. It includes coverage of: the possibility of criminal prosecution for OSHA violations and the degree to which an employer's "indifference" to violations can constitute "actual knowledge"; the doctrine of "unpreventable employee misconduct"; and the responsibility of architects, engineers and other professionals to ensure compliance with safety standards. |
Dentro del libro
Resultados 1-5 de 86
Página v
... Contest with OSHRC 3-19 [ e ] Alternatives to Challenging the Warrant .... 3-19 §3.04 Aspects of Physical Inspection ... Notice of Penalty 4-1 4-1 4-3 4-5 4-7 $ 4.02 Amendment of Citation 4-10 [ 1 ] Pre ( Rel . 26 ) TABLE OF CONTENTS.
... Contest with OSHRC 3-19 [ e ] Alternatives to Challenging the Warrant .... 3-19 §3.04 Aspects of Physical Inspection ... Notice of Penalty 4-1 4-1 4-3 4-5 4-7 $ 4.02 Amendment of Citation 4-10 [ 1 ] Pre ( Rel . 26 ) TABLE OF CONTENTS.
Página vi
... Contest Began 4-11 § 4.03 Notice of Contest 4-14 [ 1 ] Pre - Contest Conference 4-14 [ 2 ] Filing Period and Place 4-14 [ 3 ] Form of Notice of Contest 4-18 [ 4 ] The Requirement for Written Notice of Contest 4-21 $ 4.04 The Secretary's ...
... Contest Began 4-11 § 4.03 Notice of Contest 4-14 [ 1 ] Pre - Contest Conference 4-14 [ 2 ] Filing Period and Place 4-14 [ 3 ] Form of Notice of Contest 4-18 [ 4 ] The Requirement for Written Notice of Contest 4-21 $ 4.04 The Secretary's ...
Página viii
... Notice of Contest 9-4 [ 3 ] Payment of Proposed Penalty 9-6 [ 4 ] Abatement . . . . 9-6 [ 5 ] Notice to Employees 9-7 [ 6 ] Transfer to Commission 9-7 ... [ 7 ] Amendment of Citation 9-8 [ 8 ] Status of Parties 9-8 [ 9 ] viii A ...
... Notice of Contest 9-4 [ 3 ] Payment of Proposed Penalty 9-6 [ 4 ] Abatement . . . . 9-6 [ 5 ] Notice to Employees 9-7 [ 6 ] Transfer to Commission 9-7 ... [ 7 ] Amendment of Citation 9-8 [ 8 ] Status of Parties 9-8 [ 9 ] viii A ...
Página ix
... Notice of Contest and Settlement .. 9-15 $ 9.03 Modification of the Abatement Period . 9-19 [ 1 ] Factors to Be Considered in Filing Notice 9-20 [ a ] Procedural Aspects 9-20 [ b ] Substantive Aspects . . . 9-21 [ c ] The Elements of ...
... Notice of Contest and Settlement .. 9-15 $ 9.03 Modification of the Abatement Period . 9-19 [ 1 ] Factors to Be Considered in Filing Notice 9-20 [ a ] Procedural Aspects 9-20 [ b ] Substantive Aspects . . . 9-21 [ c ] The Elements of ...
Página xi
... Notice of Contest Defense 12-11 [ 4 ] The Improper Service Defense . . 12-12 [ 5 ] The Lack of Commerce Clause Jurisdiction Defense ... 12-15 DE [ 6 ] Preemption by Another Federal Agency 12-16 [ 7 ] The State Plan Coverage Defense 12 ...
... Notice of Contest Defense 12-11 [ 4 ] The Improper Service Defense . . 12-12 [ 5 ] The Lack of Commerce Clause Jurisdiction Defense ... 12-15 DE [ 6 ] Preemption by Another Federal Agency 12-16 [ 7 ] The State Plan Coverage Defense 12 ...
Contenido
Procedural Aspects of OSHA Inspections | 3-1 |
b Plain View | 3-12 |
3 04 | 3-21 |
05 | 3-45 |
02 | 4-1 |
03 | 4-14 |
04 | 4-22 |
06 | 4-38 |
CHAPTER 13 | 12-56 |
CHAPTER 9 | 13-9 |
01 | 14-1 |
01 | 14-9 |
CHAPTER 11 | 14-11 |
02 | 14-17 |
03 | 15-28 |
Employee Rights and Duties | 15-37 |
Substantive Aspects of Citations | 5-43 |
CHAPTER 6 | 5-44 |
2 Employer Notice of Contest | 2 |
CHAPTER 1 | 7-1 |
03 | 7-11 |
04 | 7-17 |
06 | 7-26 |
08 | 7-39 |
Chapter Contents | 8-1 |
1 Supervision Requirements Found in | 9-1 |
1 Factors to Be Considered in Filing Notice 920 | 9-20 |
CHAPTER 4 | 10-4 |
CHAPTER 5 | 10-5 |
03 | 11-13 |
04 | 11-28 |
1140 | 11-40 |
05 | 11-42 |
9 The Standard Was Improperly Promulgated | 12-1 |
CHAPTER 12 | 12-55 |
CHAPTER 10 | 16-19 |
Burden of Proof | 16-31 |
Appendix A | 1 |
ii | |
The Scope of Coverage Under | iii |
Procedural Aspects of Citations | v |
Degrees of Violation Penalties and Abatement | vi |
PreHearing Procedures | viii |
Conduct of the Hearings and Appeals | ix |
OSHRC Proceedings 112 | x |
Defenses to Citations | xi |
01 | 9 |
5 02 | 5-30 |
03 | 5-31 |
2 Employee Misconduct and the General | 2 |
CHAPTER 15 | 10-15 |
Appendix B A25 | 10-25 |
Table of Cases TC1 | 17-1 |
Términos y frases comunes
10th Cir 1st Cir 3d Cir 5th Cir abatement Administrative Law Judge aff'd affirmative affirmative defense agency amendment apply authority Brennan Caterpillar Inc cert challenge citation cited claim Columbia Circuit complaint compliance officer comply conduct Construction contractor Corp criminal D.C. Cir decision defense denied determine duty clause Electric employer enforcement establish exposure failure feasible Field Operations Manual Fifth Circuit filed final order Fourth Amendment hazard Health Review Commission hearing industry infra injury inspector issue knowledge Marshall notice of contest Occupational Safety OSH Act OSHA Field Operations OSHA inspection OSHA standard OSHA's OSHRC party Potlatch Corp procedures proceedings promulgated proposed penalty protection reasonable record rejected repeated violation responsibility S.Ct Safety and Health Secretary of Labor Secretary's serious violation Seventh Circuit specific standard statute statutory Steel subcontractor substantial evidence supervisor Supp supra Third Circuit tion United vacated violative condition walkaround warrant workers workplace worksite