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Employment Law and Occupational Health and Safety
Published in Julie Dickinson, Anne Meyer, Karen J. Huff, Deborah A. Wipf, Elizabeth K. Zorn, Kathy G. Ferrell, Lisa Mancuso, Marjorie Berg Pugatch, Joanne Walker, Karen Wilkinson, Legal Nurse Consulting Principles and Practices, 2019
Kathleen P. Buckheit, Moniaree Parker Jones
The OSHA agency is responsible for promulgating, modifying, and revoking legally enforceable standards with which employers must comply. Generally, OSHA standards require employers to maintain conditions and adopt practices reasonably necessary and appropriate to protect workers on the job; be familiar with and comply with standards applicable to their establishments; and ensure employees have and use personal protective equipment as required for safety and health. Also, employers must comply with the General Duty Clause of the OSH Act. This clause requires employers to keep their workplaces free of serious recognized hazards and is generally cited when no specific OSHA standard applies to the hazard (U.S. DOL, OSHA, n.d.-a). The general duty clause, Section 5(a)(1) states that each employer must “furnish … a place of employment … free from, recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” (U.S. DOL, OSHA, 2016, p. 10).
Regulation
Published in Marshall S. Shapo, Understanding the Law for Physicians, Healthcare Professionals, and Scientists, 2018
Many federal safety statutes respond to the inability of classes of people to protect themselves against injuries that could be avoided by others, for example, employers and manufacturers. A law of this kind with far-reaching effect is the Occupational Safety and Health Act, under which the Occupational Safety and Health Administration and the Secretary of Labor may take action against employers who violate regulations. The language of the act is broad, going beyond basic ideas of the “unreasonable conduct” that supports civil actions under the common law of negligence. It defines a commitment to “assure so far as possible every working man and woman in the Nation safe and healthful working conditions.”1 And in its so-called “general duty” clause, the act requires an employer to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”2
A comparative study of mental health law
Published in Takenori Mishiba, Workplace Mental Health Law, 2020
The Occupational Safety and Health Act (OSHA) has a clause stipulating the general duties of an employer with regard to healthy and safe working conditions (OSHA General Duty Clause, Section 5(a)(1)). OSHA as a whole essentially covers physical risks in the workplace. In principle, the General Duty clause would not cover mental health (Shinada, 1998).
Identifying vulnerable populations at a university during the COVID-19 pandemic
Published in Journal of American College Health, 2023
Kawai O. Tanabe, Meredith E. Hayden, Barbara Zunder, Christopher P. Holstege
Universities have additional considerations with regard to study safety. Recent case law has determined that universities and students have a special relationship; specifically that universities have a duty of care to protect students from foreseeable harm.7 While this court decision was specific to physical harm, a generalization to medical harm should be considered as well. The pandemic further implicates obligations for universities to provide appropriate academic adjustments as mandated by the Americans with Disabilities Act, as amended, and Section 504 of the Rehabilitation Act of 1973.8 University students also are employed in various roles on campus, through such monies as graduate student stipends and work-study grants. The Occupational Safety and Health Administration (OSHA) general duty clause, Section 5(a)(1) of the Occupational Safety and Health Act, requires that each employer furnish to each of its employees a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm.9