Premium Essay

R. Williams Construction Co. V. Oshrc

In: Business and Management

Submitted By Tiffany1234
Words 1161
Pages 5
R. Williams Construction Co. v. OSHRC

LEGAL ISSUE R. Williams Construction Company v. OSHRC is a case regarding the rules and regulations of OSHA verse the practices of a construction company. OSHA (Occupational Safety and Health Act) is a government regulated organization that was created to ensure the safety of employees while on the job. The regulations of OSHA have been put in place to eliminate and/or reduce the number of on the job injuries and deaths. Therefore, legal issue of this case is whether or not the courts should hold the construction company responsible for specific violations of OSHA standard regulations. Yet, in the case of Williams Construction the company was put under investigation by OSHA after a trench collapsed at a construction site, which resulted in the death of one employee Jose Aguiniga and the serious injury of another employee by the name of Adam Palomar. Once OSHA completed their investigation, they charged Williams Construction Company with four violations that carried hefty fines. The violations found from the investigation included:
1) The failure to instruct employees and managers on how to recognize and avoid hazardous work conditions ($7,000 fine).
2) The failure to ensure that employees did not have to travel more than twenty five feet to reach a safe point ($7,000 fine).
3) The failure to have a “competent person” that was specifically trained in trench safety to inspect the area each day before employees began working ($7,000 fine).
4) The failure to make sure that the walls of the evocation were either sloped or supported ($70,000 fine) (Walsh, 2010). According to OSHA, that if the regulations were followed the tragic accident could have been avoided, and one person would not be dead.

Explain what the employer did or failed to do that violated the OSHA Act. As a company R. Williams Construction…...

Similar Documents

Premium Essay

R. Williams Construction Co. V. Oshrc

...R. WILLIAMS  R. Williams Construction Co. v. OSHRC Employment Law for Human Resource Practice Professor Jama Rand Mishell December 2, 2012 Introduction This case is based around the laws and regulations of OSHA. OSHA is an Occupational Safety and Health Act that has been put into place to ensure the safety of employees while on the job. These regulations are put into place to help reduce the number of on the job injuries and death. In this case, Williams Construction was put under investigation after a trench collapse, which resulted in the death of one employee and a serious injury in another. After the investigation Williams was charged with four OSHA violations that all resulted in expensive fines. What was the legal issue in this case? This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs In this case with Williams Construction the company was put under investigation after a trench collapse, which resulted in the death of one employee Jose Aguiniga and a serious injury to another employee Adam Palomar. After the investigation, OSHA charged Williams Construction with four violations that all resulted in expensive fines. The violations found from the investigation included; 1. The failure to instruct employees and managers on how to recognize and avoid hazardous work......

Words: 738 - Pages: 3

Premium Essay

R V Gnango 2012 Law

...R v Gnango (2012) R v Gnango, is the leading English criminal law case on the interaction of joint enterprise, transferred malice, and exemption from criminal liability where a party to what would normally be a crime is the victim of it. The Supreme Court held, restoring Gnango’s conviction for the murder of Magda Pniewska, that he was guilty or murse not with standing the fact that he had not fired the shot which killed Magnda during the shoot out which led to her death, and that the fatal shot was by his opponent in an attempt to kill him. The judgement of the supreme court has been criticised over the extent to which it was designed to mollify public opinion, and in the context of ongoing debates over the nature of the doctrine of joint enterprise. Facts At approximatly 6.20 on the 2nd of october 2007, a 26 year old Polish care worker Magda, was making her way home from her place of work at manley Court, a care home run by Bupa in New Cross which is in South East London. While talking to her sister in Poland on her mobile, she was killed by a single shot to the head. She had been caught in the cross fire betweeen to gunmen in the car park she was crossing through, and died outside Stunnel House in John Williams Close. The two gunmen in question were seventeen-year-old Armel Gnango and “bandana man”. The apparent casue of the gunfight was a debt that was less than £100. Scientific examination demonstrated that "Bandana man", not Gnango, had fired the fatal shot. After......

Words: 444 - Pages: 2

Free Essay

Matimak Trading Co. V. Khalily

...Case: Matimak Trading Co. v. Khalily 118 F. 3d 76 – Court of Appeals, 2nd Circuit (1997) Facts: Under 28 U.S.C. § 1332(a)(2), Matimak Trading Co. is not a "citizen or subject of a foreign state." Procedure: United States Court of Appeals, 2nd Circuit Issue: Can a corporation based in Hong Kong be considered a citizen or subject of a foreign state for the purposes of alienage jurisdiction? Is Matimak Trading Co. a citizen or subject of a foreign state and therefore subject to invoke the court’s diversity jurisdiction? Holding: (Vote: 2-1) No, under 28 U.S.C. § 1332 (a)(2) Reasoning: (Altimari, McLaughlin, and Jacobs, Circuit Judges) A. Rule: The courts ruled Matimak Trading Co. is not a citizen or subjects of a foreign state, under 28 U.S.C. § 1332(a)(2), and there was no other foundation for jurisdiction over Marimak Trading Co. The district court properly dismissed Matimak Training Co.’s suit for the lack of subject matter jurisdiction. B. Application: The Article III constitutional grant of authority that was implemented under the Judiciary Act of 1789 used the terms “foreign” and “alien” instead of “subject” and “citizen.” Since aliens could be involved in litigation with a U.S. citizen, the Framers used this terminology to grant access to federal courts. That terminology was used to open U.S. courts to all foreigns without regard to the government they fall under. Diversity jurisdiction does not apply to a person who is “stateless” or has no......

Words: 314 - Pages: 2

Free Essay

Summary of R V Brown Judgement

...Extreme sumarization of r v brown( key point of arguments used by the five judges) Question certified by COA "Where A wounds or assaults B occasioning him actual bodily harm in the course of a sado-masochistic encounter, does the prosecution have to prove lack of consent on the part of B before they can - 1 - establish A's guilt under section 20 and section 47 of the 1861, Offences Against the Person Act?" Lord templement In Reg. v. Coney (1882) Cave J "The true view is, I think, that a blow struck in anger, or which is likely or is intended to do corporal hurt, is an assault, but that a blow struck in sport, and not likely nor intended to cause bodily harm, is not an assault, and that an assault being a breach of the peace and unlawful, the consent of the person struck is immaterial." Stephen J "When one person is indicted for inflicting personal injury upon another, the consent of the person who sustains the injury is no defence to the person who inflicts the injury, if the injury is of such a nature, or is inflicted under such circumstances, that its infliction is injurious to the public as well as to the person injured. But the injuries given and received in prize-fights are injurious to the public, both because it is against the public interest that the lives and the health of the combatants should be endangered by blows, and because prize-fights are disorderly exhibitions, mischievous on many obvious grounds. Therefore the consent of the......

Words: 8011 - Pages: 33

Premium Essay

George V. Jordan Marsh Co. Brief

...1. George v. Jordan Marsh Co., 359 Mass. 244 (Mass. 1971) 2. Facts: Plaintiff Irene George (P) is filing suit against Defendant Jordan Marsh Co. (D) for mental anguish and emotional distress which resulted in two heart attacks. D sold goods on credit to P’s emancipated son, who purchased them on P’s account. D alleged that P stated in writing that she would pay the debts (which she did not incur), even though it is understood that P did not make this guarantee. D then attempted to intimidate P into paying these debts she did not owe by calling her at late hours, by mailing her bills, by sending her letters stating late charges were being added on and that her credit had been revoked, and by numerous other tactics. P suffered great mental anguish and emotional distress from these tactics, her health deteriorated, and she suffered a heart attack. Her attorney requested that these harassing tactics cease. D continued the tactics, which caused further emotional distress and mental anguish, which lead to another heart attack. 3. History: The case was first brought to trial court where it was dismissed due to the lack of a tort. P has now appealed to the Supreme Judicial Court. 4. Issue: The court must decide if the facts and inferences presented could constitute of action in favor of the plaintiff. 5. Rules: Both sides of the case are looking at the Spade rule, so stated: "We remain satisfied with the rule that there can be no recovery for fright,......

Words: 681 - Pages: 3

Premium Essay

Escola V. Coca Cola Co.

...Escola v. Coca Cola Bottling Co. of Fresno Supreme Court of California 1. Facts and procedure history Facts: • Escola (Plaintiff) was a waitress in the restaurant. • While she was moving the bottles of Coke from the cases which had been delivered to her restaurant at least 36 hours before to the refrigerator, one of them exploded in her hand, causing her to be severely injured. •The plaintiff alleged that the Coca Cola Company (Defendant) had been negligent in selling "bottles containing said beverage which on account of excessive pressure of gas or by reason of some defect in the bottle was dangerous ... and likely to explode." • Escola sued Coca Cola Bottling Co. to recover damages for personal injuries. • Judgment for plaintiff at trial • Defendant appealed 2. Issue: Is the manufacturer liable for the injuries under the inference of negligence? 3. Holding: Yes. Judgment for Plaintiff following the doctrine of res ipsa loquitor 4. Rule of law: Res ipsa loquitur does not apply unless (1) A defendant has had exclusive control of the thing causing the injury (2) The accident is of such a nature that it ordinarily would not occur in the absence of negligence by the defendant. 5. Reasoning: • It doesn't matter that we can't tell precisely whether the explosion was caused by an excessive charge or a defect in the glass. The fact is neither of causes could exist so the bottle wouldn’t explode if the due care had been used. • Even though the instrument causing the...

Words: 534 - Pages: 3

Premium Essay

R. Williams Construction Co. V. Oshrc

...case of R. Williams Construction CO. v. OSHRC, the legal issue is employees of R. Williams Construction CO. were not properly trained to do their job and death as well as serious injuries occurred in the results. On September 19, 2002, a trench collapse at a sewer-construction project at the Chumash Casino Project in California seriously injuring Adam Palomar and killed Jose Aguiniga. Both Adam Palomar and Jose Aguiniga were employees of R. Williams Construction Company working on the construction project. Palomar and Aguiniga were responsible for cleaning the pumps throughout any given workday without getting specific instructions. The day of the accident, both Palomar and Aguiniga entered the unshored trench to clean the pumps for approximately fifteen minutes. As they began to exit the trench, a wall collapsed and almost buried Adam Palomar and completely buried Jose Aguiniga in which he died. The day before the accident, the hydraulic jack shoring system was removed. The hydraulic jack shoring system supported the trench wall that collapsed. Explain what the employer did or failed to do that violated the OSH Act. The R. Williams Construction Company failed to properly train their employees. The Company did not instruct its employees in the recognition and avoidance of unsafe conditions and in the regulations applicable to their work environment. The Company failed to ensure that no worker would have to travel more than 25 feet to reach a safe point egress. The R.......

Words: 891 - Pages: 4

Premium Essay

Libyan Afb V Banker Trust Co

...THE LIBYAN ASSET FREEZE AND ITS APPLICATION TO FOREIGN GOVERNMENT DEPOSITS IN OVERSEAS BRANCHES OF UNITED STATES BANKS: LIBYAN ARAB FOREIGN BANK v. BANKERS TRUST CO. Corinne R. Rutzke* INTRODUCTION United States asset freezes are political weapons invoked in response to international crises.' Traditionally, United States asset freezes have blocked foreign government assets within the jurisdiction of the United States.2 Following the 1979 Iranian hostage crisis, however, United States peacetime asset freezes have attempted to block dollar-denomi4 nated accounts3 held in foreign brancheS of United States banks.5 An important legal issue associated with the use of peacetime blocking * J.D. Candidate, 1988, Washington College of Law, The American University. 1. OFFICE OF FOREIGN ASSETS CONTROL, BLOCKED FOREIGN ASSETS IN THE UNITED STATES 1, 3 (1985) TREASURY PAMPHLET]. Historically, the blocking control orders, promulgated pursuant to section 5(b) of the Trading with the Enemy Act, authorized the President to regulate or prohibit any property transaction involving a foreign country or national during wartime. Trading with the Enemy Act of 1917, 50 U.S.C. app. § 5(b)(1)(B) (1982). Following the entry of the People's Republic of China into the Korean War in 1950, President Truman blocked Chinese and North Korean property within the jurisdiction of the United States. The Management of Blocked Foreign Assets in the United States, 12 INT'L CURRENCY Rzv. 37, 38 (No. 6 1980).......

Words: 21247 - Pages: 85

Premium Essay

Willams Construction Compay vs Oshrc

...R. Williams Construction Co. V. OSHRC Katrina Dickey Strayer University Dr. Banks HRM 510-Business Employment Law December 1, 2013 R. Williams Construction Co. V. OSHRC Safety has been on the top of the list since many can remember. Having safety work practices can make or break a company. It did just that for R. Williams Construction Company. OSHA (Occupational Saftey and Health Act) was put into place to help protect employers and employees. When regulations are not followed it could cause employers money and employees injury. In this paper it will review the case of R. Williams Construction Company V. OSHRC, discuss the legal issues in the case, and analyze why R. Williams construction Company was fined for over three safety violations. What was the legal issue in this case? The legal issue in the case R. Williams Construction Company v. OSHRC was the result after a trench collapsed, which resulted in the death of one employee from the construction company, Jose Aquiniga and serious injury of another employee, Adam Palomar. After close investigation, OSHA charged R. Williams Construction Company with four violations that all resulted in expensive fines. The violations included failure to instruct employees and managers on how to recognize and avoid hazardous work conditions. The next is the failure to ensure that employees did not have to travel more than twenty-five feet to safe zone. (Walsh, 2010) Third was the failure to have a competent person who was......

Words: 838 - Pages: 4

Premium Essay

S & D Petroleum Co., Inc. V. Tamsett

...discretion (see, Riggs v Pursell, 74 N.Y. 370, 379). As to the merits, defendant contends that the quoted typed language in the security agreement superseded the printed provision which secured future advances as well as the existing debt. Because the existing debt was paid, argues defendant, the security interest, even if it had been perfected, would have expired, affording plaintiff no security on the subsequently advanced amount. But typewritten and handwritten portions of an agreement take precedence over printed provisions only where they are inconsistent (see, Matter of Cale Dev. Co. v Conciliation & Appeals Bd., 94 A.D.2d 229, 234, affd 61 N.Y.2d 976). Furthermore, it is another familiar and pertinent rule of construction that where possible "a contract should not be interpreted so as to leave a provision without force or effect" (Information Sciences v Mohawk Data Science Corp., 56 A.D.2d 706, affd 43 N.Y.2d 918). Here, clearly the typed proviso dictating how the existing debt would be repaid is not inconsistent with, or preclusive of, the collateral's use to secure future advances. Defendant also maintains that expert testimony is required to establish that he breached a standard of professional care and skill (see, Fidler v Sullivan, 93 A.D.2d 964, 965). An exception to that principle exists where the ordinary experience of the fact finder provides sufficient basis for judging the adequacy of the professional service (see, Kulak v Nationwide Mut. Ins. Co., 40......

Words: 709 - Pages: 3

Free Essay

Corporate Finance William Wrigley & Co

...ACF The William Wrigley Jr. Company Group2 Ahsan Rashid Qazi 17110206 Sardar Noman Salim 17110210 M.Hasnain Shabbir 17110210 Jahanzaib Shoukat 17110286 Primary problems: This case is about The Wm.Wrigley Jr. Company, which has to incorporate debt into its capital structure and then decide between two alternatives of whether to Repurchase Share or to pay Dividend. In the wake of introduction of new products and foreign expansion, firm has to raise capital as suggested in the case of $3 billion debt, which will influence the Wm. Wrigley Jr. ‘s outstanding shares, shall it repurchase them or pay dividend to its shareholders. It also has to see the impact of this debt on the share price, the voting control of the Wrigley company, impact on EPS. Analysis: Impact on Share Price Before taking the debt the share price of the company was $56.37 with 232.44 million shares outstanding and a market value of 13.103 billion. After taking the debt of 3 billion, the market value increase by the amount of tax shield provided by debt i.e. $1.2 billion and the share price increases to $61.53. Impact on WACC The pre-capitalization WACC is 10.90% using beta= 0.75, Rf=5.65%, Risk Premium=7% The post capitalization WACC is 10.908% using Levered Beta = 0.87, Re= 11.74%, Rd=13% Impact on Voting Control Share repurchases results in less number of shares outstanding which increases the voting power of the Wrigley Family from 47% to 51%. Impact on EPS Before......

Words: 668 - Pages: 3

Premium Essay

Hoover Co. V. Bissell Inc

...I. Synopsis: Case: The HOOVER COMPANY, Plaintiff, v. BISSELL INC., Defendant. No. 5:98-CV-1088. United States District Court, N.D. Ohio, Eastern Division. March 19, 1999. A. The Hoover Company History: Hoover vacuum cleaners have markets in the United States and Canada. In addition to vacuum cleaners, Hoover also produces and sells high quality washers and dryers. Maytag acquired The Hoover Company in 1989, providing Maytag an important foothold in the highly competitive international market. The company roots back to 1827, when Henry Hoover established a plant near Canton, OH. 80 years later led to him and his sons selling vacuum cleaners after purchasing rights to an electric suction sweeper, which was invented a year before by a guy named Murray Spangler. In 1908, Hoover bought Spangler’s patent, kept him as a partner and soon named the company Hoover Suction Sweeper Co. Hoover than began marketing the sweeper in stores all throughout the country. By 1921, Hoover had gone global and by 1923, sales reached $23 million. Hoover today specializes in all floor care and is a continued leader in the industry (Hoover: Fundinguniverse, 2006). B. Bissell Inc. Company History In 1876, Melville Bissell began marketing his carpet sweeper invention with revolving brushes. The revolving brushes picked up the dust and dirt and deposited it inside the sweeper housing. Being dependent on the rotation of the wheels to drive the sweeping mechanism, it only removed debris......

Words: 1456 - Pages: 6

Premium Essay

William Scott and Co. Ltd. Case

...Subject: Labour Relations Assignment - William Scott and Co. Ltd. Case 1. Summarize the key FACTS in point form * Wm. Scott & Company Ltd, a poultry-processing company, is the employer * Canadian Food and Allied Workers Union is the griever * The union requested the Board to review an arbitration made under collective agreement between the company and member of union * The award is the dismissal of Margaret Martelli on September 4, 1975 * She called a newspaper and reported that employees were never asked to do overtime to keep up with the poultry meat that was backing up * She also mentioned that the company had many inefficiencies and mentioned the time women were wasting arguing everyday over irrelevant things as the use of a hose * The company deemed these reports were false and unfounded and Margaret knew that * Margaret was dismissed before this event, but was reinstated in April 1975 after an arbitration board substituted the dismissal with a year of suspension * The Arbitration Board found her comments to be unwarranted, and found she was justly dismissed and did not substitute the company’s decision as done before * The union appealed the decision to the BC Labour Relations Board * The Board denies application under section 108 * After the Board considered the facts involved in Margaret’s dismissal, it considered her suspension as a disciplinary action, where a second opportunity was given, but since the......

Words: 266 - Pages: 2

Premium Essay

V a R K Learning Styles

...Various Learning Styles for the Student Using V. A. R. K. Study Strategies Yolanda Paige December 2, 2011 According to the V. A. R. K. –A Guide to Learning Style, this writer has a multimodal learning preference. The two categories are: Aural and Read - Write. The aural or auditory modal consists of a learning style, in which information is either heard or spoken. The read – write modal consists of a learning style, in which information is displayed as words. The V. A. R. K. Style of learning consist of four study strategies for learning (Visual, aural, read – write, kinesthetic) and a combination or multimodal study strategy. The visual style of learning is for people who use their sight to gather information. They manage well in lessons with lots of illustrative and pictorial styles of presentation (i.e. flowcharts, slides, etc.). The aural style of learning is for people who prefer spoken explanations. They manage well in lessons with discussion session, tutorials, (i.e. usage of a tape recording device so an individual can hear the lesson and remember them). The read – write style of learning is for people who get their information through reading and writing. They gain their knowledge from textbooks, organizing thought into words and writing them into notes, usage of dictionaries, and the kinesthetic style of leaning is for people who prefer to learn through activity. They manage well in lessons that utilize the physical (sight,......

Words: 818 - Pages: 4

Premium Essay

William L. Crunk V. Kenneth Glover

...WILLIAM L. CRUNK v. KENNETH GLOVER District Court of Appeals, Otoe County: JOHN M. DIERKS, JUDGE. Affirmed. 167 Neb. 816 (1959). FACTS Kenneth Glover, the appellant, is the owner and operator of selling livestock and merchandise near Nebraska City. This is public sales inviting people to come and check out livestock offered for sale. In August 3, 1957, the appellant kept a bear in the pen. The appellant had knowledge of knowing the pen had a large opening big enough for the bear could put its jaws and forelegs and could reach out to anyone that stand near the pen or pass through the barn. William L. Crunk, the appellee, 67 years old farmer, on August 3, 1957 at about 1:15 pm., without any knowledge of knowing there was a bear in the pen; he stood next to pen , put his right hand on the pen to support himself and make a passageway for other livestock to pass through. The end of appellee’s third finger on his right hand got bit off by the bear without any warning. The appellee experienced pain, suffering, and permanent disability due to the appellant failure to protect the public by give any verbal or sign of warning to the people around him that there is a bear in the pen. Due to the injury and suffering the appellee experienced, he wasn’t able to work in his farm, he would like the appellant to take responsibility for the recovery damages in a specified amount. The verdict was for appellee. ISSUE The appellant filed an appeal claimed the bear was a friendly,......

Words: 417 - Pages: 2