You are the safety manager of Acme Widget Factory. You have just received notice from OSHA that
Question:
You are the safety manager of Acme Widget Factory. You have just received notice from OSHA that your company is being investigated for several serious violations of the OSH Act, including exposure to lead fumes during welding operations, failure to provide a written respiratory protection program, lack of medical evaluation, lack of fit testing, and a lack of energy control program for employees working on mechanical presses. OSHA is considering pursuing criminal charges against your company.
As the manager, you must evaluate the situation and determine the best course of action. Your assignment is to provide a memo to the company's executive team that addresses the following questions:
- What are the potential criminal charges that the company may face under the OSH Act?
- What are the elements of each criminal violation, and what evidence would OSHA need to prove each element?
- What factors should the company consider in deciding whether to contest the charges or negotiate a settlement with OSHA?
- What defenses does the company have against the charges, and how could these defenses be used to mitigate the penalties or charges?
- Based on your analysis, what steps should the company take to address the OSH Act violations and prevent future violations?
In a memo, you should provide a thorough analysis of the OSH Act violations and defenses, as well as a clear plan of action for the operations manager. Your analysis should include an evaluation of evidence, weighing the different factors, and an informed judgment of the course of action needed in this situation.
Understanding Business Ethics
ISBN: 9781506303239
3rd Edition
Authors: Peter A. Stanwick, Sarah D. Stanwick