Mr. Smith-Business Law Chapter 5-Workers Rights as Human Rights: Health and Safety in the Workplace

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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
For most peopleor easthetic risks -Mark
McCarthy, (1982)
Page 153
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Just how healthy and safe must a workplace
be? Free-market economists believeof
unrestrained capitalism
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
This chapter covers A look at workers'
compensation law to address accidental injuries
and deaths on the job The Occupational Health and
Safety Act of 1970 Twenty-first century global
dimensions of workplace health and safety
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Lomardi v. Whitman The collapse ofother building
materials They were not toldto the public It is
notof that danger But the complaintnot have
existed Because the conductcase is affirmed
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Risks never existthem likely unintended From
sudden accidentswide array of risks
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Echazabal v. Chevron USA, Inc. Mario Echazabel
firstthis litigation In 1992, he applied to work
directly for Chevron at the same coker unit
location
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Echazabal v. Chevron USA, Inc. A preemployment
physical examination found that his liver was
releasing certain enzymes at a higher than normal
level For that reason, Chevron rescinded its job
offer
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Echazabal v. Chevron USA, Inc. In 1995, he
applied to Chevron again and again the job offer
was rescinded because of the risk his liver would
be damaged Echazabal claimed thatHepatitis
C. Chevron disagreedto his own health
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Echazabal v. Chevron USA, Inc. Given that the
ADAwith this requirement It does not
permitsafety at risk
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Echazabal v. Chevron USA, Inc. Dissenting Under
the ADAendanger his life Chevron correctlyas a
beekeeper I believe it would be an undue hardship
to require an employer to place an employee in a
life-threatening situation
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
The State of Workplace Health and Safety in 2007
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Occupational Safety and Health Administration
(OSHA) The guiding principle regarding OSHA
penalties must be this it should cost an
employer more to break the law than to observe
it. -Nancy Lessin, Mass. Coalition for OSH.
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
With the adoptionhealth hazards The OSH Act
createdharm to employees. It also createdfor
each industry
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Working in Harms Way Getting Home Safe and
Sound? OSHA at Thirty-Five Thirty five yearsof
disadvantaged workers These deaths andthe
highest risks Workers today are confronted with
four types of risks on the job
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Working in Harms Way Getting Home Safe and
Sound? OSHA at Thirty-Five First-Fourth OSHA
inspectors frequentlyand safety standards Firms
realize thatand safety inspectors
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Employers at whomis economically
profitable Second-Fourth
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
When three workersthe Commissions rulings Chao
v. Occupational Safety and Health Review
Commission On October 27,in January 1998 At
most, thealmost every day
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
On February 2,work could resume Ho had beena
gas line An explosion laterfor the
workers Willful violation of the General Duty
Clause OSH Act requiresharm to employees Though
Hos patternis affirmed
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Corporate Criminal Liability Employers have
rarelyinjuries and death Relatively few
employersa 10,000 fine The one exceptionrest
of the nation Safety Concerns in the Global
Economy As capital, laborensure those rights
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Twenty-first Century Slavery There are ancannot
walk away Historically, the investmentthe long
term Todaythen discarded The lack of legalwhat
they own
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Twenty-first Century Slavery In the
followingdisposable people Vulnerabilitydevelo
ping world cities They dont haveenforce the law
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
SlaveryAlive and Thriving in the World
Today What are the most typical types of modern
slavery? What are some examples of modern
slavery? It seems so far removed, how does
slavery touch our own lives? Can you give a more
specific example of how slavery is linked to our
daily lives?
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
SlaveryAlive and Thriving in the World
Today Hasnt legislation related to that been
passed by Congress? What are international bodies
doing? How receptive has the U.S. Government
been? What kind of success have you seen? What
do you see as hope for change?
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Kasky v. Nike Nike contracts for the manufacture
of its products in countries with low labor
costs The bulk of Nike products are manufactured
in China, Thailand, and Indonesia The complaint
allegesage of 24
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Kasky v. Nike All contractors are requiredby
accounting firms Factories reported widespread
violations of local regulations and atmospheric
pollution causing respiratory problems in 77
percent of the workers
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Kasky v. Nike A study of several Chinese
factories reported 11 to 12 hour workdays,
compulsory overtime, violation of minimum wage
laws, exposure to dangerous levels of dust and
toxic fumes, and employment of workers under the
age of 16
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Kasky v. Nike The United States Supreme Court has
been careful to distinguish commercial speech
from speech at the First Amendments core The
fact that Nikeagainst Nike
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Compensation for Workplace Injury and
Illness Madiera v. Affordable Housing Foundation,
Inc. Although Madierabeen acted on Following his
accidentScaffold Law Only the pasta limited
period
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Workers Compensation First adopted from 1911 to
1925 They were designed to provide a limited no
fault recovery, regardless of who was
responsible for the injury
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
firms contribute tothe workplace Instead of
suingdefeat the claim Employers are
willingaward large damages This is theor
punitive damages
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Exporting Hazards A general statement of the
liberal no-harm principle is It is wrong to
inflict avoidable harm upon other people, and it
ought often to be prohibited by law
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Mr. Smith-Business LawChapter 5-Workers Rights
as Human Rights Health and Safety in the
Workplace
Exporting Hazards It may alsoless safe
technology Whom does this leavethey are
defenseless But there areof the road To this
Samaritansupon you now? We have beenlegally be
subjected In such situationsacceptance of
benefits
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Now You Know Everything There is to Know About
Workers Rights as Human Rights Health and Safety
in the Workplace