Assignment: Case Questions

• Respond in writing to the case questions.

1. R. Williams Construction Co. v. OSHRC (Ch 15, p 548)

http://www.oshrc.gov/decisions/html_2004/03-0533.html

Case Questions

1. What was the legal issue in this case? What did the court decide?

2. What exactly did the employer do or fail to do that violated the OSH Act?

3. Why was it "unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harm's way"? What role, if any, should employees' actions have in determining liability under the OSH Act?

4. Ultimately, these violations that caused, or at least contributed to, the death of an employee and serious injuries to another resulted in a $22,000 fine for the employer. Is that a just outcome? Are the penalties for violations of OSHA standards sufficient?

2. SeaWorld of Florida v. Perez (Ch 15, p 554)
https://scholar.google.com/scholar_case?case=7763034376466067880&q=SeaWorld+of+Florida+v.+Perez&hl=en&as_sdt=6,47&as_vis=1

Case Questions

1. What are the legal issues in this case? What did the appeals court decide?

2. What things must be shown in order to establish a violation under the general duty clause of the OSH Act? How are each of these elements satisfied in this case?

3. This case involves an unusual hazard faced by employees in a business that produces a unique form of entertainment. Legally speaking, should any of that matter? Should OSHA be able to regulate safety in the entertainment industry in the same manner as any other industry? Why or why not? If so, should this also extend to the realm of professional sports? Why or why not?

4. An undercurrent in this case is the claim that the regulation of safety by OSHA is interfering with the basic business model and product of SeaWorld. Is that true? Why or why not? In general, should OSHA be able to ban activities, substances, or work processes because they are too dangerous even if they are widely used in an industry? Order the closure of inordinately dangerous facilities? Why or why not?

5. Do you agree with the court's decision? Why or why not?

The requirements below must be met for your paper to be accepted and graded:

• Write between 750 - 1,250 words (approximately 3 - 5 pages) using Microsoft Word in APA style, see example below.
• Use font size 12 and 1" margins.
• Include cover page and reference page.
• At least 80% of your paper must be original content/writing.
• No more than 20% of your content/information may come from references.

• Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.

• Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.

References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.