Legal Aspects of Safety and Health Unit I to Unit VIII

BOS 3525, Legal Aspects of Safety and Health Unit I to Unit VIII Assignment

Unit I Assignment

Hi Jerry! This is your OSHA’s Area Director.

We received a non-formal complaint recently from one of your current
employees. The complaint alleges that employees there are performing
welding operations on stainless steel in an area with inadequate
ventilation.

This employee also states that they frequently “cough up” black
sputum, and that they are worried about the health consequences caused
by this lack of ventilation.

The complaint further states that no air sampling has been performed
to evaluate the employees’ exposures to welding fumes. And, that when
asked for respirators, they were given “dust masks” with one strap,
which were purchased at the local hardware store. The effectiveness of
these dust masks for the exposure that is present is also in question.

I will also be sending you an email summarizing this non-formal complaint, so that you can respond accordingly.

Thanks Jerry! Goodbye.

Part 1 

Draft a letter in response to the complaint. Your letter should
summarize why you believe the complaint is invalid and no on-site
inspection is required. Keep in mind, simply stating that the complaint
is invalid is not adequate. You must support your opinions in the
letter. 

Part 2 

(Answer the following question on the page 2 of your word document) Answer the questions below in a few sentences. 

1. Where does this type of complaint fit on OSHA’s Priority criteria? 

2. What factors could have made this complaint non-formal rather than formal?

 3. What steps could you take as the employer to identify the
employee who filed the complaint? 4. What factors could result in this
complaint being reclassified as a formal complaint? 

Save both parts of this assignment in one word document to submit for grading.

Unit II Assignment

Discussion Question

Question 1

Under what conditions can an employee be denied access to the
opening conference, walk-around, and closing conference? Your response
should be at least 75 words in length.

Question 2

If the OSHA compliance officer requests documents that are not
related to a formal complaint, what options do you believe the employer
has? Your response should be at least 75 words in length.

Question 3

If OSHA determines that an employer’s response to a non-formal
complaint is adequate, what options does the employee filing the
non-formal complaint have? Your response should be at least 75 words in
length.

Question 4

Can an employee request that an attorney or union representative
attend a private conference with the compliance officer? If the union
demands to have a representative present, does the employee have to
comply? Your response should be at least 75 words in length.

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