Having bid the job based on six foot wide trenches and then ...

[panfilo]

Having bid the job based on six foot wide trenches and then discovering the gas line obstruction which prevented the use of the top trench box, was it a reasonable risk for the employer to utilize the 2 employees in the trench for just 15 minutes to lay one joint of pipe?

Question 2

While working part-time at a Supercorp restaurant, Jenna spills a bucket of hot french fries on a customer. Who is liable to the customer?
 a. Supercorp alone.
  b. Jenna alone.
  c. Both Jenna and Supercorp.
  d. Jenna, Supercorp and the president of Supercorp.
  e. Jenna, Supercorp and the shareholders of Supercorp.

[Danny Ewald]

Answer to Question 1

Absolutely not. The ALJ found that both supervisors knowingly and deliberately violated the standard because it was more expedient to place employees in an unprotected trenchthan to take the time to adequately shore up or slope the trench to protect the employees.

Author's Comment:
Please review footnote 1 of this chapter. Construction accounted for 1226 fatal work injuries in 2006, the most of any industry sector. Great strides have been made to protect workers through industry standards developed by OSHA in this highly dangerous sector. Taking chances or shortcuts in violation of OSHA standards, which standards very often are devised after the occurrence of previous fatalities caused by similar hazards on other worksites, is simply untenable.

Answer to Question 2

.C

[panfilo]

Correct answers!

[Danny Ewald]

Great! Please up vote