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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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How can I prove employee negligence to OSHA? Employee was on

This answer was rated:

How can I prove employee negligence to OSHA? Employee was on Boom-lift and did not have fall protection on nor did workmate. Employee has current certification as operator.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

In order to prove employee negligence, you would have to show the following:

wallstreetfighter :

1. the employee knew of the rules that wee violated

wallstreetfighter :

2. the company took precautions to make sure employees were aware of the rules

wallstreetfighter :

3. The employee disregarded the rules or intentionally violated the rules

wallstreetfighter :

4. The employer at the time had no control of the employee or his actions

Customer:

Thank you.

wallstreetfighter :

If you have any further questions please do not hesitate to ask

wallstreetfighter :

If you had any checks in place to verify the employees procedures or safety precautions you should mention this as well,

wallstreetfighter :

The key is to make sure that you argue he was not in your control at the time.

wallstreetfighter and 3 other Employment Law Specialists are ready to help you