M6A1: Case Analysis: OSHA, Workers’ Compensation, Disabilities, and Product Liability
Please make sure to read and view all materials for this module and be prepared to do outside research on these topics, as well, to complete this case analysis. Please understand that this case analysis may also draw on previous module discussions and readings.
In this case analysis, we ask you not only to explain the law and how these issues influence the workplace, but also how the employer should deal with these issues. We expect each case study to look at the issue from various perspectives, including:
The employee perspective – how does or should the employee react to these issues?
The company perspective – how does the company deal with these issues?
The legal perspective – does the law dictate the way the company must proceed?
The ethical perspective – does the law or company policies maintain a balance of ethical concerns?
The business perspective – even if the law or ethical codes do not require the company to act, how would the company be viewed by the public if the issue was released to the press?
MO6-1: Analyze the employee’s right to work in a safe and healthy environment and how the Occupational Health and Safety Act (OSHA) impacts employer liability and employee rights (CO#1, 2, 3, 4).
MO6-2: Analyze how the Americans with Disabilities Act (ADA) and worker’s compensation laws influence how business is conducted (CO#1, 2, 3, 4).
Kevin just landed a new TV gig on the Work Network, where he will be the host of a new show called Dangerous Jobs. This show is a documentary type series where Kevin travels the country and works some of the most dangerous jobs in the US for a day. The Work Network is a bit concerned that Kevin might get hurt, so they asked him to sign a waiver stating that he was aware of the dangers and is willing to take this job anyway, which he did sign. Kevin’s first assignment was to work in the mining industry, where he and a camera person, Kate, were to document the processes of this dangerous job. They entered the mine owned by Coal Conglomerated.
Kevin and Kate had no experience in mining but were accompanied by Bob, who has 20 years of experience. Bob told his boss that he did not think it was wise to bring these two inexperienced workers into the mines, but his boss said it was good publicity for the company and it was his job to keep them safe. Bob asked them both to put on helmets, masks, and other safety gear. An hour into the work day, Kevin was allowed to drive the cart to take them deeper into the mine. He was trying to narrate as he drove, and he lost control and took out one of the supports. A small section of the roof caved in, crushing his leg so badly that it will have to be amputated. Bob was also injured in the crash, as his back was twisted during the cave in, but he will recover with 6 months of rehabilitation.
Kate was not injured in the crash. She felt lightheaded and found it difficult to breathe, but as it was her first day on the job, she said nothing and continued to do her job to the best of her ability. She was unable to use the masks provided by Bob and still do her work on the camera properly. The next day, she had difficulty breathing and was rushed to the hospital. The doctors say she has chemical burns to her lungs and can trace the burns to chemicals that are often used in mines. Although Kate should recover, she will be out of work for at least 3 months.
Please answer the following questions regarding this scenario, keeping in mind the different perspectives that need to be addressed from the foundations of a case analysis:
1 What are the possible legal ramifications for the Work Network and Conglomerated Mining under the Occupational Health and Safety Act (OSHA) for the injuries to Bob, Kevin, and Kate?
2 What are the possible legal ramifications for the Work Network and Conglomerated Coal under the laws of workers’ compensation (select your home state) for the injuries to Bob, Kevin, and Kate?
3 What are the possible legal ramifications for the Work Network and Conglomerated Coal under the Americans with Disabilities Act for the injuries to Bob, Kevin, and Kate?
4 After researching this topic, how would you advise your company (current or past) on the issues of safety, workers’ compensation, and disabilities in the workplace?
5 Please research and report back on these issues, keeping in mind the perspectives highlighted in the foundation area. You must cover each of the perspectives.
6 Please provide a 3-4 page paper (not including the cover page and references) case analysis with an introduction that explains the background of this case.
7 Please remember that we require the use of citations and referencing. Please use APA format, including a cover page and a reference list of at least three sources.
Compose your work in a .doc or .docx file type using a word processor (such as Microsoft Word, etc.) and save it frequently to your computer. For those assignments that are not written essays and require uploading images or PowerPoint slides, please follow uploading guidelines provided by your instructor.