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Explain and discuss how State programs and the Federal OSH

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Explain and discuss how State programs and the Federal OSH Act interact when the conduct of employers caused serious injury or even death to employees. Cite specific cases to support your decision. Your response should be 200-300 words and include reference citation for your sources.
Submitted: 3 years ago.
Category: Homework
Expert:  RopTeam replied 3 years ago.

Hi I will get started and post answer tonight.

 

thank you,

toneemarie

 

Looking forward to working with you, have a pleasant day o/

Expert:  RopTeam replied 3 years ago.

Hi please review answer.

 

http://www.mediafire.com/file/yhtjnzwou5j/osha.doc

 

thank you,

tm

Customer: replied 3 years ago.
I need specific court cases, for example Marshall v Barlow's Inc.; what precedent was set both federally and with the state, etc.
Expert:  RopTeam replied 3 years ago.
ok, will do
Expert:  RopTeam replied 3 years ago.
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RopTeam, Bachelors Degree
Category: Homework
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Experience: Business Analyst
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Customer: replied 3 years ago.
The second one will be allright. I still need more though. I need to know how state OSHA plans and the federal OSH Act interact in cases where serious injury or death occur.
Expert:  RopTeam replied 3 years ago.

Hello. Here is more info. Do you want a breakdown of how federal OSHA validates a State OSHA program? It is quite a lengthy process...

 

If this is acceptable, let me know when to close this post from view.

tm

____________

Jurisdiction for OSHA state programs has been established for nearly 25 U.S. states. The primary reason for a state program is to make sure intrastate health and safety violations are addressed based on the local circumstances surrounding injury and death. In order for the federal OSHA to accept the state OSHA programs, they must have comparable processes though different for appealing cases, enforcing rulings, and levying penalties for noncompliance. The interaction between the two governing bodies result in the state programs having legal precedence over the federal standards (OSHA.gov, 2010).


The federal arm of OSHA acknowledges and oversees the State OSHA Programs. The federal organization also provides nearly 50 percent of the operating expenses for each state.

Example of both State and Federal OSHA Regulations conflict within a Case Ruling

Armando Gonzalez and Mirna Padilla Gonzalez v. Komatsu --Ideal Tile Importing Co. Inc.

This case is of serious injury caused by a forklift being driven by another worker. The defendant in the case is Komatsu was charged with failure to install proper warning devices on the equipment. Komatsu countered with a summary judgment charging the state tort claim that work injury claims are preempted when the product has a possible defect and was designed under federal standards (Lexisone-Supreme Court of N.J., 2004). In this case the motion of preemption was given.

An appeal was made by the plaintiff remarking OSHA's federal requirements was for employers and not manufacturers nullifying the preemptive clause. The tort claim by Gonzalez was under condition of the federal law therefore the state requirement would preempt any federal laws. This is due to the conflict caused as a result of "the state regulation urged by plaintiff would stand "as an obstacle to the accomplishment and execution of" the federal OSHA ruling design requirement (Lexisone, 2004).

Preemption is described as express or implied. U.S. Supreme Court defines field preemption as a federal law that is well established so that the State cannot add anything to it. Conflict preemption is defined where both state and federal regulations cannot both be satisfied or in the case where the state law presents an "obstacle that hinders the purpose by Congress (Lexisone, 2004).

OSHA therefore states that "any State which, at any time, desires to assume responsibility for development and enforcement therein of occupational safety and health standards relating to any occupational safety or health issue with respect to which a Federal standard has been promulgated . . . shall submit a State plan for the development of such standards and their enforcement" ( 29 USCA 667b).

The claim of preemption was ruled inappropriate since OSHA's forklift regulations offer the forklift "driver" with training in the use of safety devices at their own discretion. Expecting the driver or implicating the manufacturer to use their discretion in reasonable execution is not considered a "direct, clear and substantial interference with the regulations".

The Appellate's claims were refuted and the ruling was in favor of the plaintiff reversing the preemption ruling (Lexisone, 2004).

 

 

 

Lexisone.com. (2004). U.S. Supreme Court of N.J. Gonzalez v. Komatsu. Retrieved July 7, 2010 from

http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=bcddf&searchTerm=eHSj.IQca.aadj.ecOZ&searchFlag=y&l1loc=FCLOW#top



Edited by Toneemarie on 7/7/2010 at 4:34 AM EST
Customer: replied 3 years ago.
Please close this out so noone can access this.
Expert:  RopTeam replied 3 years ago.

Hi Ok. Thank you

tm

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