The legal aspects of industrial hygiene and safety

The Legal Aspects of Industrial Hygiene and Safety explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers. A description is presented of the various legal concepts and processes that often arise in the IH/S practice, including tort, contract, and administrative law. The goal is to provide IH/S managers with sufficient knowledge to be able to incorporate legal risk analysis into everyday decision-making and policy development. This book will explore the legal issues that arise in IH/S practice and will be helpful to new IH/S managers as they progress in their careers. FEATURES Explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers Provides insight into the legal issues and processes to IH/S managers that are traditionally only available to attorneys Improves the IH/S managers' ability to communicate complex IH/S issues to in-house counsel Presents tools and knowledge to IH/S managers so they can better consider the legal risks of the decisions they make Covers various legal concepts and processes that can arise in the IH/S practice, including tort, contract, and administrative law Cover Half Title Title Page Copyright Page Dedication Contents Introduction Author Chapter 1 The Employment Relationship 1.1 Introduction – Origins of Employment Law 1.2 History of Employment Law 1.3 Statutory Employment Regulation 1.4 Public v. Private Employment 1.5 Agency Law 1.6 Mill Street Church of Christ v. Hogan (785 S.W.2d 263 Ky. (1990)) 1.6.1 Facts 1.6.2 Analysis 1.6.3 Holding 1.7 Independent Contractor v. Employee Status 1.8 Non-exempt v. Exempt Employment Chapter 2 Multi-employer Worksite Regulations 2.1 Introduction – The Impetus of Multi-employer Worksite Regulations 2.2 The Controlling Employer 2.3 The Correcting Employer 2.4 The Exposing Employer 2.5 The Creating Employer 2.6 Martinez Melgoza & Associates, Inc. v. Department of Labor & Industries 2.6.1 Facts 2.6.2 Issue 2.6.3 Analysis 2.6.4 Holding 2.6.5 Author’s Comments on the Case Chapter 3 Contract Law 3.1 Introduction – Contract Formation 3.2 Offer and Acceptance 3.3 Carlill v. Carbolic Smoke Ball Co. (1 Q.B. 256 Court of Appeal (1892)) 3.3.1 Facts 3.3.2 Analysis 3.3.3 Holding 3.3.4 Author’s Comments on the Case 3.4 Consideration 3.5 Pre-existing Legal Duty and Internal Agreements 3.6 Managing Safety in Construction and Labor Contracts 3.7 Flowing Down Safety Requirements 3.8 Prescott Housing Group, Inc. v. Do-Right Asbestos Corporation 3.8.1 Facts and Analysis Chapter 4 Tort Law 4.1 Introduction to Torts 4.2 Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 4.2.1 Facts 4.2.2 Rule 4.2.3 Analysis 4.2.4 Holding 4.2.5 Author’s Comments on the Case 4.3 Violence in the Workplace 4.4 Negligence – Duty and Breach 4.4.1 Duty 4.4.2 Breach 4.5 Negligence – Causation 4.6 Sine Qua Non Causation 4.7 Summers v. Tice (33 Cal.2d 80) 4.7.1 Facts 4.7.2 Issue 4.7.3 Holding 4.7.4 Author’s Comments on the Case 4.8 Proximate Cause 4.9 Intervening and Super Intervening Events 4.10 Damages 4.11 Strict Liability Torts 4.12 In Re: San Francisco Zoo 4.12.1 Facts 4.12.2 Author’s Comments on the Case 4.13 Toxic Torts 4.14 Gunnell v. Metrocolor Laboratories, Inc 4.14.1 Facts 4.14.2 Issue 4.14.3 Analysis 4.14.4 Holding 4.14.5 Author’s Comments on the Case Chapter 5 Administrative Law 5.1 Introduction – Civil Procedure of Litigation 5.2 The Administrative Law Process 5.3 Separation of Powers and the Intelligible Principle 5.4 The Federal OSHA Adjudication System 5.5 Secretary of Labor v. Missouri Basin Well Service, Inc. (OSHRC, March 1, 2018) 5.5.1 Facts 5.5.2 Discussion 5.5.3 Hazard Element 5.5.4 Hazard Recognition 5.5.5 Feasibility of Abatement 5.5.6 Decision 5.5.7 Author’s Comments on the Case Chapter 6 Criminal Law 6.1 Introduction to Criminal Law 6.2 Actus Reus 6.3 United States v. Robinson 6.3.1 Facts 6.3.2 Issue 6.3.3 Analysis & Holding 6.3.4 Author’s Comments on the Case 6.4 Mens Rea 6.5 Morissette v. United States 6.5.1 Facts 6.5.2 Analysis 6.5.3 Holding 6.5.4 Author’s Comments on the Case 6.6 When Is Violating an Occupational Safety and Health Administration Regulation a Crime? 6.7 “Be a Manager Go to Jail” Statutes 6.8 Investigation and Prosecution at the State Level 6.9 People v. the Regents of the University of California, Patrick Harran 6.9.1 Facts 6.9.2 Investigation and Prosecution 6.9.3 Settlement 6.9.4 Author’s Comments on the Case Chapter 7 Workplace Discrimination and Retaliation 7.1 Introduction – The Boundaries of Accommodation 7.2 Vande Zande v. State of Wisconsin, Department of Administration 7.2.1 Facts 7.2.2 Analysis 7.2.3 Holding 7.2.4 Author’s Comments on the Case 7.3 The IH/S Professional’s Role in Reasonable Accommodations 7.4 The Good Faith Interactive Process 7.5 Black v. El Paseo Steel Company 7.5.1 Facts 7.5.2 Litigation Commences 7.5.3 Discovery Begins 7.5.4 Mediation and Settlement 7.5.5 Author’s Comments on the Case 7.6 Workplace Retaliation 7.7 Pederson v. Dublin State University 7.7.1 Facts 7.7.2 Disposition 7.7.3 Author’s Comments on the Case 7.8 Establishing a Safety Culture Free of the Fear of Retribution Chapter 8 Workers’ Compensation 8.1 Introduction – The Compensation Bargain 8.2 Workers’ Compensation Litigation 8.3 Workers’ Compensation Defenses – Work Relatedness 8.4 Worker’s Compensation Defenses – Drugs and Alcohol 8.5 Workers’ Compensation Defenses – Horseplay and The Initial Aggressor Defense 8.6 Mathews v. Workmen’s Comp. Appeals Bd. (California Supreme Court, (1972)) 8.6.1 Facts 8.6.2 Analysis 8.6.3 Holding 8.6.4 Author’s Comments on the Case 8.7 Serious and Willful Misconduct by the Employer 8.8 Horenberger v. Johns-Manville Sales Corporation 8.8.1 Facts 8.8.2 Analysis 8.8.3 Author’s Comments on the Case 8.9 Workers Compensation Retaliation Chapter 9 Evidence Law Topics 9.1 Introduction – What Is Evidence? 9.2 The Requirement of Relevancy 9.3 Authenticity 9.4 Hearsay – An Issue of Reliability 9.4.1 Is the Email a Statement? 9.4.2 Was It Made out of Court? 9.4.3 Was It Offered to Prove the Truth of the Matter Asserted? 9.5 Hearsay Exceptions Generally 9.6 The Business Records Exception 9.7 Present Sense Impressions and Excited Utterances 9.8 United States v. Mitchell 9.8.1 Facts 9.8.2 Analysis 9.8.3 Holding 9.8.4 Author’s Comments on the Case Chapter 10 Influencing IH/S Organizational Policy and Compliance Strategy 10.1 Introduction 10.2 Write Like an Eighth Grader 10.3 The IRAC Method – Issue, Rule, Analysis, Conclusion 10.3.1 Issue Statements 10.3.2 Rule Statements 10.3.3 Analysis 10.3.4 Conclusion 10.4 Putting It All Together – IRAC Writing Examples 10.5 Assessment Reporting – Objective Writing 10.5.1 Scope of Assessment 10.5.2 Lines of Inquiry 10.5.3 Acceptance Criteria 10.5.4 Analysis of the Facts 10.5.4.1 Line of Inquiry (1) – Fit Testing Procedure 10.5.4.2 Line of Inquiry (2) – Positive and Negative Fit Checks Index This book explores legal issues that are encountered by Industrial Hygiene and Safety managers during their careers. The goal is to provide IH/S managers with sufficient knowledge to incorporate legal risk analysis into decision-making and policy development. This book will explore the legal issues that arise and is helpful to new IH/S managers.