Corporate Safety Compliance: OSHA, Ethics, and the Law » (New Edition)

Safety and health professionals face potential legal and ethical issues on an almost daily basis. In a landscape of changing responsibilities and new laws, they often make difficult decisions that can result, in hindsight, in the creation of legal issues and liabilities for themselves and their companies. Written by occupational health and safety expert Ton Schneid, Corporate Safety Compliance: OSHA, Ethics, and the Law provides guidance though the maze of legal issues involving OSHA and OSHRC and how to avoid potential legal liability.

Tackling safety and ethical issues head on, Schneid explores issues in criminal liability for individuals and corporations under the OSHA Act and state criminal codes. He includes methods for achieving and maintaining OSHA compliance, using specific case studies to illustrate ways to avoid or minimize the impact of legal issues. The text addresses not only OSHA regulations and standards but also the legal aspects up to and including OSHRC decisions on specific issues. Additionally, the author examines the ethical issues involved in many of the legal aspects of the safety issues as well as ethical issues in the day-to-day management of safety and health.

The mere mention of the word OSHA scares many people. Often, OSHA has been the much maligned federal agency that was the brunt of attacks from both management and labor organizations. Tom Schneid elucidates the potential legal and ethical issues of the new industrialized workplace. His proactive approach helps you avoid or minimize potential liabilities, where possible, but also gives you the tools to be prepared and knowledgeable in the unique appellate process with OSHA and the OSHRC.

Foreword     xi
Acknowledgments     xiii
About the Author     xv
Introduction     1
History of OSHA     3
OSHA Inspection Procedures     7
Corporate Compliance Management     17
Corporate Risk Assessment Considerations     20
Compliance Risks     20
Safety in the Workforce     20
Travel Risks     20
Fire Risks     20
Natural Disaster Risks     21
Emergency and Disaster Preparedness (in Facilities)     21
In-House Security     21
Workplace Violence     21
Industrial Theft and Sabotage     21
Cyberterrorism     22
Terrorism and External Groups Targeting Specific Industries     22
Pandemics, Avian Flu, and Other Airborne Contaminants     22
Summary     22
Preparing for an Inspection     23
OSHA Inspection Checklist     25
OSHA Penalty Structure     29
Defenses to an OSHA Citation     37
Criminal Sanctions under the OSH Act and Beyond     43
Occupational Safety and Health Review Commission     47
Occupational Safety and Health Review CommissionAppeal Procedures     57
Operational Compliance     63
Multi-Employer Worksite Issues     71
Workers' Compensation and Safety     75
Other Litigation Issues     87
Private Litigation under the OSH Act     87
Negligence Actions     88
OSHA Standards as Defense     89
Media Relations     91
Alternative Strategies     92
Summary     92
Other Laws Affecting the Safety Function     93
Americans with Disabilities Act     93
Family and Medical Leave Act     96
Fair Labor Standards Act     97
Title VII of the Civil Rights Act     99
Age Discrimination in Employment Act     101
Employment and Labor Laws     103
Privacy Laws     106
Ethics in the Safety Profession     109
Emerging Issues in Safety     119
Rights and Responsibilities under the OSH Act     123
Guide to Review Commission Procedures: Occupational Safety and Health Review Commission (August 2005)     131
SAMPLE Corporate Compliance Program Checklist     159
The U.S. Equal Employment Opportunity Commission     163
Secretary of Labor v. Summitt Contractors, Inc., Respondent (OSHRC Docket No. 03-1622)     169
OSHA: Employee Workplace Rights     247
OSHA Field Inspection Reference Manual CPL 2.103, Section 8 - Chapter IV. Post-Inspection Procedures     261
Workplace Violence: Hazard Awareness     293
The Fair Labor Standards Act (FLSA)     297
CPL 02-00-124 - CPL 2-0.124 - Multi-Employer Citation Policy     301
Index     313