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Free «Employment Law Paper» Essay Sample

Question One

The Occupational Safety and Health Administration (OSHA) is the United States Department of Labor agency established by the Congress under the Occupational Safety and Health Act, which was signed into an Act by President Richard Nixon on 29th December 1970. Its standards are established by the United States Congress. OSHA enforces its standards on a number of regulated entities; it sends healthy officers to the work sites to facilitate inspections and to impose fines in the case of violation. This inspections specifically target hazardous work sites; this may result in complaints from workers or incidences at work place.

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Question Two

An employer who fails to comply with OSHA standard should obtain a quotation for failure to adhere to OSHA, inform employees and their representatives, and attach a label to movable equipment awaiting the hazard to be abated. Employers must verify that hazards cited by OSHA in its checkup are abated. They should also present abatement credentials, plans, and progress information. Employees must be permitted to scrutinize as well as copy abatement credentials sent to OSHA. OSHA will point out on the quotation and announcement of the consequence of any serious item, which needs additional abatement credentials, abatement policy and progress information. The employees have to give notice to their employers in three working days from the instant when abatement documentation is send to OSHA, with the aim to evaluate or copy the documentation.

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Question Three

Uranus should look into Steven’s request bearing in mind that Steven is seeking for his shift to be adjusted on Fridays only. The company should consider giving Steven a day off on Fridays. This is because Steven’s shift adjustment will be in violation of the company’s seniority provision of collective bargaining agreement it has with Steven’s union, and that should not be compromised. Uranus should ask Steven to do some overtime work during the four weekdays to compensate for Friday day off. Alternatively, Steven can work within the usual working hours during the four weekdays, take a day off on Fridays but turn up on weekends to work and compensate.

Question Four

 
 
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Didi’s Diner has not complied with the Fair Labor Standard Act. Veronica is a non-exempt worker and therefore she is entitled to a minimum wage of not less than $7.25 per hour as per FLSA. $ 2.13 per hour is an underpayment. Although Veronica keeps all of her tips, which are averagely $8.50 per hour, tip earnings are not guaranteed since they are only given out in any amount as per one’s hospitality.

Question Five

The principal is supposed to control occupational diseases that might be caused by breathing in the air contaminated with the strong chemical containing bleach while cleaning the restrooms. The principal shall be held accountable by OSHA for the founding and safeguarding of the respiratory safety program. The program should cover each and every employee who cleans rooms using the strong chemical bleach. The respiratory protection program directs that the principal comes up and put into practice a written respiratory protection program with necessary worksite-specific measures and basics for required restroom’s cleaner. The program ought to be administered by means of a duly skilled program administrator. Definite program fundamentals may be needed for voluntary use to protect employees against possible hazards linked with the non-use of breathing masks. Now that workers are refusing to wear breathing masks, the principal may provide breathing masks at the request of employees or permit employees to use their alternative breathing masks. If the principal determines that such breathing masks will not cause hazard and are still effective, the cleaners should be permitted to wear their voluntary breathing masks. Even if the children continue laughing at them, the cleaners will not feel bad since they voluntarily wore the breathing masks of their choice and they are well informed as to why wearing the masks is important to their health through the respiratory protection program by the principal.

   

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