Discussion 1

OSHA will use the General Duty Clause (Section 5(a)(1)) of the Act to cite violations that are not covered by specific regulations. Any citation using the General Duty Clause must meet specific criteria, which are summarized starting on Page 4-14 of the FOM. Review the criteria and discuss a situation that you believe could be cited by an OSHA compliance officer using the General Duty Clause. Provide sound reasoning for your answer, including a discussion of why the situation you chose would be cited using the General Duty Clause and not some specific OSHA regulation.

Properly cited APA. 100-250 words

Discussion 2

Under the guidance of workers' compensation law, the basic rule is that if you are temporarily disabled on workers' compensation, the employer may not discriminate against you by termination or layoff. One exception to the rule might be if it is clear through medical evidence that you will be unable to return to your usual occupation. Another exception is if your employer needs to replace your position because of business necessity, though the burden on the employer is very high; they may instead hire a temporary employee rather than replace you.

What are your thoughts around this basic guidance? Should a worker lose his/her job if they are out of work and on workers' compensation? Is it ethical to terminate an employee based on the two exceptions mentioned above? Should the employer be able to make the best business decision and replace the worker? Why, or why not?