Question

REsolve this case:

An American Wrecking Corporation (AWC) employee was killed when bricks fell on him as he prepared a section of building for demolition. AWC was cited for willfully violating the Occupational Safety and Health Act (OSH Act) governing the removal of loose material during the demolition process. Willful violations of the Act can serve as the basis of criminal complaints. AWC filed a review petition. At hearing, the Occupational Safety and Health Administration Review Committee's experts testified that the bricks were unstable and should have been taken down, while company employees stated that they believed that the bricks had been supported by iron in the structure. The administrative law judge ruled that the company had willfully violated the statute by not removing the bricks because the hazardous condition should have been obvious to the demolition supervisor. On appeal, should this ruling be upheld? If so, what would be the appropriate sentence? [American Wrecking Corp. v. Secretary of Labor, 351 F.3d 1254 (D.C. Cir. 2003).]

Answer 1

answer-

In this case, facts are-

employee was killed when bricks fell on him as he prepared a section of building for demolition.

Company uses loss materials during the demolition process.

company employees stated that they believed that the bricks had been supported by iron in the structure which was not there means company lied about it.

company willfully violated the OSH Act to provide safe and healthy work environment to its employees.

based on these, we can say that company should be responsible for their violation because there are many willful citations and company has not provided good working conditions for employee.

This scenario would be different if employer includes programs and procedures addressing the hazards of
the workplace and the requirements of the standards

If company communicates the importance of safety to employees and supervisors both in writing and in action;

It contains an effective and progressive disciplinary system that is routinely and consistently followed; and documents these elements.

but if there are not such measures in place then company should be responsible for damage and violation of Osha act.