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Author Question: If an employer knows that a specific standard will not protect its workers against a particular ... (Read 93 times)

HudsonKB16

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on: Jun 24, 2018
If an employer knows that a specific standard will not protect its workers against a particular hazard but can prove that it is in full compliance with the specific standard, can the employer be held to be in violation of the general duty clause?

Question 2

Which of these does the NLRA not protect?
 a. Right to form a union.
  b. Right to picket.
  c. Right to strike.
  d. Right to block nonunion workers from company property.
  e. Right to bargain collectively.


ynlevi

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Reply #1 on: Jun 24, 2018
Answer to Question 1

Yes. The employer may still be held to be in violation of Section 5(a)(1) of the OSHAthe general duty clause. The Court stated, If an employer knows that a specific standard will not protect his workers against a particular hazard, his duty under Section 5(a)(1) will not be discharged no matter how faithfully he observes that standard..

Answer to Question 2

.D


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HudsonKB16

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Reply #2 on: Jun 24, 2018
Thank you :)


ynlevi

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Reply #3 on: Jun 24, 2018
Happy to help you


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