Assignment 2 Final.pdf

7/29/2019 Assignment 2 Final.pdf

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UNIVERSITYOFWALESINSTITUDECARDIFF(UWIC)

NAME:SAMIULISLAMRIKTH

IDNUMBER:0002MSOTO609

MODULE TITLE: CONTEMPORARY ISSUES IN

HUMAN RESOUCE MANAGEMENT ASSIGNMENT 2

SEMESTER: 6 (SIX)


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EXECUTIVE SUMMARY

This report is aimed at understanding whether managers should be imprisoned for violating

occupational safety and health.

To evaluate this topic, a thorough discussion on the core concepts of occupational safety and

health has been explained along with its various components. Apart from that, the occupational

safety and health administration (OSHA) of different companies has been looked into followed

by the different kinds of violations that can occur within a workplace for which the employer can

be sued and punished.

A critical assessment provides a detail explanation on whether managers can be jailed for such

offences which is followed by the role of the management and trade union towards occupational

safety and health and a detailed recommendation on how such offences can be reduced and

prevented in a working environment.

This assignment will enable one to understand about the growth of occupational safety and

health in a workplace and how important it is for companies to maintain and follow the rules and

regulations that are laid down by the authorities.


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TABLE OF CONTENTS

Pages

Table of Contents 2

List of Figures/Tables 3

Executive Summary 4

1 Introduction 5

2 Occupational Safety and Health 5

2.1 Occupational Safety and Health 5

2.2 Occupational Safety and Health Act 6

2.3 Types of Occupational Hazard 7

3 Reasons Behind Work-Related Accidents 8

4 OSHA and the World 10

4.1 OSHA in United Kingdom 10

4.2 OSHA in USA 11

4.3 OSHA in Canada 12

4.4 OSHA in India 12

4.5 Differences between the OSHA systems 13

5 Types of Occupational Safety and Health Violations 13

5.1 Other than Serious Violations 13

5.2 Serious Violations 14

5.3 Willful Violations 15

5.4 Repeated Violations 15

5.5 Failure to Abate Prior Violations 16

5.6 De Minimis Violatios 16

5.7 Additional Violations 16

6 Critical Assessment 16

7 OSHA and Role of Management & Trade Union 18

8 Case Study 19

9 Conclusion and Recommendation 20

List of References 21

Bibliography 25


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LIST OF FIGURES

Pages

Figure 1 Types of Hazards and Risks 7

Figure 2 Work Accident Rates 8

Figure 3 Number of Accidents due to Work Pressure 9


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safe and healthy work environment(Oak Ridge National Laboratory,2011). Apart from this,

these programs are initiated to protect co-workers, family members, employers, customers,

suppliers, nearby communities, and other members of the public who are impacted by the

workplace environment.

Just recently, Champion Builders, a company from Bristol was accused and charged for violating

the federal safety standards at a hotel construction site in Madison. The company has been asked

to be fined a total of $143,000 by the US Department of Labours Occupational Safety and

Health. It was claimed that employees were exposed to falling off from more than 50 feet while

working without protection on the buildings roof(The Republic,2011).

In 2009, Vrancor Development Corp. and site supervisor Sean Kehoe were fined $65,000 for

operating an unsafe job site during construction of the $15-million Hampton Inn by Hilton on

McKeown Avenue. Both the parties were held responsible for failing to comply with an

inspectors order to keep the McKeown Avenue site free of obstructions, including heating

equipment and other construction materials embedded in ice. Kehoe tried to defend himself in

court saying he was understaffed as the employer did not appoint enough workers to assist him.

However, since there was no proof to verify his statement he was found guilty and charged(Sun

Media Corporation,2011).

2.2OCCUPATIONAL SAFETY AND HEALTH ACT

The major purpose of this Act is to safeguard and secure workers and self-employed individuals

from risks to their safety, health and physical well-being arising out of, or in connection with,

activities in their workplaces(Legislative Counsel Office,2011).

This Act outlines the duties and responsibilities of both employers and employees with regards to

occupational health and safety. If a party is found to be violating this Act they are bound to pay a

heavy compensation for the crime. Sometimes, they can also be imprisoned for creating havocand danger for other people of the society. However, imprisonment cannot be for more than two

years while compensation starts off at a minimum of $250,000(Crown,2010).

A while ago, motor company giants Ford Motor Co. of Canada Ltd were fined a whopping

amount of $1million as they failed to meet the requirements of the Occupational safety and


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health Act eventually violating the Act. The court found that their forklift driver did not keep a

clear view when driving the vehicle as a result of which he killed a co-worker employee of the

Oakville assembly plant. They were even charge of a second offence where an employee was

crushed to death while driving a lift truck down an aisle at the Bramalea parts distribution centre

with an unsecured pallet and hit a storage rack (Toronto Star,2011).

2.3 TYPES OF OCCUPATIONAL HAZARDS AND RISKS

Fig.1 Types of Hazards and Risks(Dessler,2007)

MechanicalHazards

By type ofAgent

Impact Force

Struck byObjects

Confined space

Slips and Trips

Falling on apointed object

Compressed

air/high pressurefluids

Entanglement

Equipmentrelated injury

By type ofDamage

Crushing

Cutting

Friction/Abrasion

Shearing

Stabbling &Puncture

OtherPhysical

Hazards

Noise

Vibration

Lightening

Barotrauma

IonisingRadiation

Electricity

Asphyxiation

Cold Stress

Heat Stress

BiologicalHazards

Bacteria

Virus

Fungi

Blood- bornePathogens

Tuberculosis

ChemicalHazards

Acid

Bases

Heavy Metals

Solvents

Particulates

Fumes

Highly reactivechemicals

Fire,conflagration &

explostionhazards

PsychologicalHazards

Work-relatedstress

Violence fromthe outside

organisation

Bullying

SexualHarrassment

Mobbing

Burnout

Exposure tounhealthy

elements duringbusiness dealing


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3.REASONS BEHIND WORK-RELATED ACCIDENTS

As per the latest estimates provided by ILO and WHO, it was brought to light that the number of

job-related accidents and illnesses, which annually claim more than two million lives have risen

within a very short span of time(Science Daily LLC,2010).

Fig.2 Work Accident Rates (based on age)(Eurofound,2011)

The ILO report revealed that the number of fatal and non-fatal workplace accidents has been

steady or declined in many regions, however in China there has been a significant rise from

73,500 in 1998 to 90,500 in 2001, while accidents causing three or more days absence from work

increased stupendously to 69 million(Science Daily LLC,2010).

Within the same time frame, there rise in employment within the construction sector in Latin

America regions particularly Brazil and Mexico have led to an increase in fatal accidents from29,500 to 39,500(Science Daily LLC,2010).

Now the major question that arises is Why is there a rise in the number of job-related accidents

and illnesses throughout the entire world?

Females Males All Employees

2.93.9 3.5

2.3

3.3

2.9

% not resulting in absenteeism % resulting in absenteeism


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According to National Working Conditions Survey, it was established that there was a clear link

between heavy work and work pressures and the number of accidents. The survey disclosed that

employees who very often carry out heavy work have an accident rate which is five times higher

than that of employees who seldom or never carry out heavy work while employees who

experience intense work pressures on a regular basis face such a danger as they are more

vulnerable to fall a prey to accidents(Eurofound,2011).

Fig.3 Number of Accidents due to work pressure

Heavy work and work pressures make people tired and less cautious and even less attentive to

dangerous circumstance increasing them to be more vulnerable to face work-related accidents

such as falling, slipping cutting amongst others(Eurofound,2011).

An employee from Tesco claimed 5,000 because of an injured his back that was a result of

slipping on the floor while carrying heavy stock. In the court, it was proved that the floor hadbeen slippery and that the stock he was carrying was to be lifted by two people(Tesco plc,2011).

According to various reports, it is claimed that most work-related accidents occur as a result of

the faults of the people involved. The reason behind self-inflicted accidents at the workplace is

taking shortcuts and being over confident. In order to save time, employees often opt to take the

2.3

3.43.9

6.9

1.4

2.4

4.1

10.8

0

2

4

6

8

10

12

Never Work Under

Pressure

Sometimes Work Under

Pressure

Often Work Under

Pressure

Always Work Under

Pressure

% not resulting in absenteeism % resulting in absenteeism


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faster and easier option. However, instead of saving time, the employees increase the chances of

an injury. At the same time, if proper instructions are not taken about a particular topic and also

when one is not pre-planning beforehand s/he is prone to face dangerous

cirtumstances(ToolBoxTopics,2011).

Sainsburys, was fined 10,000 and ordered to pay 19,347 costs as well as a victim surcharge of

15 because it failed to provide a safe system at work to enable the safe operation of the gate

(defective equipment) which caused the thumb of an employee to be fractured while he was

opening the gates to let in a delivery lorry in November 2008(Newsquest Media Group,2011).

Materials can also often lead to several dangerous work-related accidents. Also other work

related accident can occur from inadequate or missing guards, fire warning systems, lighting and

even exposure to radiation(Bournemouth Borough Council,2008). Recently, a worker from

Marks and Spencer Plc obtained 2000 after she injured her leg when she was returning home

because she fell of the stairs near the entrance area as it was dark due to a reported broken

light(Marks and Spencer plc,2011).

The environment can also prompt an accident because the surrounding contains things various

elements which can effect an employee and increases the chances of an accident in the work

place(EzineArticles,2011).

4.OSHA AND THE WORLD

Throughout the world, organisations try to maintain a steady occupational safety and health

regime so that such problems can be avoided which are discussed below in detail.

4.1OSHA IN UNITED KINGDOM

Within the boundaries of United Kingdom (UK), there is a standardised system for all

organisations with regards to Occupational safety and health. In UK, systematic evaluations of

the working environments need to be carried out on a frequent basis. Organisations are asked to

endorse preventive measures which eliminate reasons for illnesses and injuries. It is also

mandatory that information regarding employees health, occupational hygiene, ergonomics,


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environmental and safety risks in a work place are provided to the responsible

authorities(HSE,2010).

Asda was accused of breaching the OSHA as they were not careful and cautious as a roller

shutter broke the jaws of a female forklife driver. They were fined 20,000 after for breaking

workplace safety regulations and also paid 31,250 prosecution costs(Trinity Mirror North West

and North Wales Limited,2011).

The Occupational safety and health Act of UK provide some guidelines that need to be followed

by the employees as well. Employees are bound to take reasonable care for their own health and

safety and for that of others likely to be affected by their acts and omissions at work. At the same

time they must cooperate with the employer as far as it is necessary to enable it to carry out the

its legal responsibilities(Adams,2006).

Occupational safety and health Act inspectors are given wide powers to enter and investigate

workplaces and to enforce sanctions under this Act. The powers that are at the disposable of the

inspectors involve prosecution of any offence specified in the Act, improvement notices and

prohibition notices(Adams,2006).

4.2OSHA IN USA

The terms of occupational safety and health are slight different. Companies are obliged to assess

services, outcomes, methods, equipment, workstations and procedures by using qualitative and

quantitative methods to recognise the hazards and measure the related risks to examine all the

possibilities that an organisation might have to face in the near future(OSHA.gov,2011).

In the USA, regular inspections are carried out by authorities to ensure that organisations are in

compliance with the law. These inspections and investigations can be carried out without

providing any prior notifications(OSHA.gov, 2011).

A construction worker was injured while working at a demolition project in Massachusetts. The

worker was injured when a slab of concrete collapsed and he was pinned underneath the concrete

flab. Investigators are looking into the work related accident and the demolition site has been

temporarily suspended(JusticeNewsFlash.com,2011).


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4.3OSHA IN CANADA

The legislation of Canadas occupational safety and health holds employers accountable for

protecting employees from any kinds of injuries. However managers and employees themselves

are accountable for their actions. Employers are liable to train employees about health and safety

and also are responsible to supply personal protective equipment and ensure workers know how

to use the equipment safely and properly. Managers need to ensure that workers use prescribed

protective equipment devices while employees responsibilities include working in compliance

with the OSHA. They are responsible to use personal protective equipment and clothing and are

bound to work in a manner as required by the employer(Canadian Center for Occupational safety

and health,2011)

In September 2010, two Jamaican farmers working in a farm in Ontario, Canada lost their lives

in a work related accident that is still being investigated by the authorities. The Candian Ministry

of Labour has mentioned that if it is proved that these two innocent workers lost their lives due to

the irresponsibility of the owner, then severe consequences are bound to be imposed on the

employer(OpenD,2011).

Enforcement is carried out by inspectors from the government department responsible for health

and safety in each jurisdiction. Charges may also be laid by police or crown attorneys who have

the right to impose a legal duty on employers and those who failed to take reasonable measures

to protect employees. If this duty is "wantonly" or recklessly disregarded and bodily harm or

death results, employers could be charged with criminal negligence(Canadian Center for

Occupational safety and health,2011).

4.4OSHA IN INDIA

In India, occupational safety and health has been in practice for a very long period of time.

However, due to the limited number of regulatory authorities its implementation has been

extremely ineffective. The occupational safety and health in of India prohibits employment of

children under the age of 14 in factories, mines and other hazardous occupations. This policy

aims to protect the health workers by discouraging employment in occupations unsuitable to the

workers age and strength(Highbeam,2011).


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According to the United Nation estimates, there are about 40,000 workers that die in work-

related accidents every year(Highbeam,2011). However, these accidents are not reported in

India. The reporting of dangerous occupational diseases therefore stands little chance. From facts

and figures it can be said that India has yet to develop its occupational safety and health.

4.5DIFFERENCES BETWEEN THE OSHA SYSTEMS

From the aforesaid, it can be stated that all countries have a slight different outlook towards

OSHA. In USA and Australia, focus is on the principles and legislation associated with OSHA

while in UK organisations is not yet up-to-date on their health and safety-related duties and

responsibilities. However, if the occupational safety and health system of the west and east are

compared, several differences are highlighted. These differences arise from the lack of

advancement in the east along with lack of education and awareness regarding health and safety.

Thus, organisations need to upgrade their systems become more educated with regards to OSHA.

5.TYPES OF OSHAVIOLATIONS

OSHA violations can be categorised into seven different groups ranging from non-serious to

very serious violations. OSHA violations also address failures to respond to citations, and

repetitive and purposeful non-compliance. Penalties for these violations can be as minor as a

warning, but sometimes can result in a complete shutdown of a business or enterprise. OSHA

generally performs routine inspections of workplace conditions to be sure that the jobs being

done and the work environment both comply with safety requirements(Knowledge Base,2011).

5.1OTHER THAN SERIOUSVIOLATIONS

Other than Serious violations are the regarded as the situation that would not cause death or

any kinds of serious physical harm. This type of violation is when an employer fails to list work-

related injuries and illnesses in an OSHA Form 300 log. The employer may document injuries

and illnesses incorrectly or fail to document them at all. At the same time if one fails to conduct

timely equipment inspections properly such violations occur. As of 2010, fines for this type of

violation can range from 350 to 7,000 per violation. The amount that is fined is determined by

history of previous violations, the size of the business and whether the employer has taken steps


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to comply with OSHA (Demand Media Inc, 2011). The employer is generally given adequate

amount of time to correct the cited hazards, and if he fails to do so, he could be found in

violation of failure to abate. This OSHA violation can eventually result in a shutdown of the

workplace(Knowledge Base,2011).

Two companies were fined for committing other than serious violations. Ultramar Limited was

sentenced to a fine of 5,000 after pleading guilty to one charge of failing to ensure that safety

procedures at the workplace and Rancur Petroleum Services Limited was fined 2,000 for

similar offences. The injuries were very minor. Other charges against both Ultramar Limited and

Rancur Petroleum Services Limited were withdrawn(Newfoundland Labrador,2011).

5.2SERIOUS VIOLATIONS

A serious violation occurs when the situation that relates to job safety and health has a high

probability of causing death or serious physical harm that the employer knew or should have

known about. This type of violation usually takes place when an employer fails to provide

protection against falls from surfaces above 6 feet from the ground. Other examples include

slipping and tripping hazards, failure to provide adequate fire and equipment training, electrical

hazards, noise hazards and exposure to hazardous chemicals. The fine for this type of violation is

a mandatory of 7,000. The penalty may be reduced based on the size of the business, the

employer's good faith, history of violations and the severity of the situation(Demand Media

Inc,2011).

A roofing company committed a serious violation and the boss was prosecuted after the owner

and three employees were seen working on a roof without any safety equipment. They had no

guard rail or scaffolding and nothing to prevent them plummeting to their deaths if they slipped

or tripped. They were also seen throwing slates straight from the roof into a skip below which

risked injuring passers-by(Work Accident,2011).

Another British company was fined 12,000 and ordered to pay 3,056 in costs, after it was

found that a worker from a textile retailer who fell from an unguarded platform onto the concrete

floor at the companys warehouse had no supervision or training and no protection against falling

from heights of up to 30 feet. The company had not been given specialist equipment and the


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ladders that were used were not suitable and were not fixed. The man suffered from a broken leg

while badly bruising his face(Dessler,2007)

5.3WILLFUL VIOLATIONS

A willful violation is issued when an employer knowingly does not abide occupational health

and safety rules and standards and makes no efforts to rectify the situation. Penalties are

extremely high and employers are charged a minimum of 5,000 to a maximum of 70,000.

Sometimes the fines may be reduced depending on the size of the business and history of

previous violations. If the result of the willful violation results in death, the court may add fines

of up to 250,000 to 500,000 and issue prison sentences of up to 6 months(Demand Media Inc,

2011).

The Outland Energy Services was accused of workplace safety violations as the company failed

to implement proper safety procedures. An employee was burned when he was working at the

top of the wind turbine while another worker energised the turbine from the ground. However,

employees should have personal lock and tag devices that prevent other workers from energising

transformers in the turbine towers. The OSHA safety citations carry proposed penalties of

$378,000. This fine is not related to the workers' compensation the company should have paid

for the injured employee's medical expenses, lost wages and other relateddamages(StarTribune,2011).

5.4REPEATED VIOLATIONS

Another citation is reserved for repeat offenders, and is generally considered one of the more

severe violations(Knowledge Base,2011). A repeated violation occurs when employers are

repeatedly cited for the same occupational safety and health violation. An employer is labeled a

repeat offender after the original violation is final and the employer is fined for the same

violation more than once. This type of violation is for employers who do not fix previous

violations. A fine of up to 70,000 is imposed for this violation (Demand Media Inc,2011).

The OSHA has accused A Wayne; stucco contracting company has been cited with a number of

repeat safety violations. The Wayne contractor received five repeat violations recently and was


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placed on the Severe Violator Enforcement Program. An investigation and on-site inspection

revealed scaffold fall hazards at a Staten Island New York work site. The contracting company

was issued citations after the inspection for failing to maintain a safety program, failing to fully

plank scaffold platforms, failing to provide a ladder for scaffold access, failing to remove and

replace damaged scaffold parts and failing to properly brace scaffolds at the

worksite(FirmLaw,2011).

5.5FAILURE TO ABATE PRIORVIOLATIONFailure to abate prior violation is issued when an employer fails to correct a prior violation. The

employer will be fined 7,000 each day the violation continues past the abatement date (Demand

Media Inc,2011)..

5.6DE MINIMIS VIOLATIONWhen there is a situation that has no relationship to safety or health and a violation is caused it is

referred to as a de minimis violation. When there is a "de minimis" situation, it is documented in

the same way as a normal violation, but not included on the citation. This type of violation

occurs when employer failing to post a citation within 3 days of receiving it (Demand Media

Inc,2011).

5.7ADDITIONAL VIOLATIONSApart from all the violations there are a few additional violations as well. Falsifying records,

noncompliance with posting requirements and assaulting, resisting, opposing, intimidating or

interfering with a compliance officer are all additional violations subject to up to 5,000 and

imprisonment for up to 3 years (Demand Media Inc,2011).

6.CRITICAL ASSESSMENT

Most of the cases in the above have highlighted that when organisations violate the occupational

safety and health act, they are penalised with heavy fines. However, when thinking from a more

emotional perspective, does money actually heal all kinds of wounds? In reality, when someone


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loses their life due to an accident at work or even loses their ability to walk, see, feel or touch can

money actually decrease their pain and sorrow. In recent times, the law is actually thinking of

taking severe actions against organisations that actually do not follow the safety and health

precautions.

Lately, the number of deaths from work-related accidents has increased dearly. As a result of this

the administrators of occupational safety and health has decided that if any fatal incidents are

reported at work and anyone is found breaching the legislation associated with occupational

health and safety, then directors and senior management of the organsiation can not only face a

fine up to 3 million but also can be imprisoned for two years (Thomas Crosbie Media,2011).

During a demolition work Adam Gosling died from a severe head injury. The work place injury

was caused when the wall leant towards a neighbouring garden and Adam was asked by his

employers Builder Colin Holtom to go over to the neighbours garden and push the wall back.

However, while pushing the wall backwards, the wall began to fall back on him trapping him

against a garage causing him massive head injuries. After inspection, it was concluded that the

employers gave Adam no instruction and there was no risk assessment carried out. He was also

not being supervised. As a result, Builder Colin Holtom was jailed for three years after pleading

guilty to manslaughter, Project Manager Darren Fowler was jailed for a year for working whilst

disqualified from being a company manager, and for failing to discharge a duty imposed bySection 2(1) of the Health and Safety at Work Act 1974 - contrary to Sect 33(1a) of the said Act

(Winston Solicitor LLP,2011).

Similarly, another employer was imprisoned for nine-months and was suspended for three

months for being involved in a work-related accident that led to the death a young worker who

became trapped underneath a 22-foot long, seven-foot high wall while it was in the process of

being demolished (Accidents Direct,2011).

In India, three Chinese engineers from Chine-based Shandong Electric Power Construction

Corporation have been imprisoned because of the collapse of a building which killed 41 people.

Officials suggest that the engineers did not carry out the necessary risk checks and endangered

the lives of the workers. Along with them four officials from two Indian firms have been arrested

due to their association with the project (BBC,2011).


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The case aforementioned clearly indicated that the responsible parties for whom workplace

accidents actually occur are not being let off the hook easily. Authorities do investigate seriously

in order to bring justice to all those who have been affected dearly through such accidents.

Organisations should become more careful and cautious because the consequences of work-

related accidents have increased and time has come for these organisations to face some harsh

music if they fail to comply with the health and safety rules and regulations.

7.OSHA AND ROLE OF MANAGEMENT AND TRADE UNIONS

Occupational safety and health is a growing phenomenon. And its importance is increasing with

time since failure to implement the right measures can lead to severe consequences. As a result,

the role of management and the trade unions have increased significantly.

Management needs to make sure that everything is done in accordance with the guideline of this

legislation. Otherwise, employees have the complete right of suing the companies. Management

can take several initiatives to increase awareness amongst the employees so that employees

follow the procedures properly. At the same time, trade unions must make sure that the

employees are carrying out their duties and responsibilities by abiding the safety standards

(Dessler,2007).

Management is also solely responsible to keep a record on any injuries that happen within the

workplace. If they fail to so, the OSHA can impose heavy duties on them. Many organisations

think that the can brush away these injury reports but if the employees are aware of their rights

then the management can be in hot water since they are accountable to the authorities of OSHA

for not reporting the injury on time and also because they were not able to maintain a proper

record of the accidents happening.

Apart from that, management and trade unions can co-organise safety training and motivation

programme to increase the knowledge of their employees regarding occupational health and

safety. Similarly, they can arrange sessions for the employees regarding stress management

issues and also create awareness amongst the employees through various internal campaigns

(Dessler,2007).


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Management and trade unions must always be on the lookout for violations of health and safety

by the employeesbecause health and safety is becoming such an issue in todays business world.

It has evolved that by ensuring health and safety within the organisation, organisation can

actually drive through the road of success without that many internal barriers on the way.

8.CASE STUDY

The OSHA has cited that the organisation Crespac Inc. in Tucker, Ga has violated 34 safety and

health rules and regulations. The OSHA has proposed penalties worth $266,400.

The initial investigation began by OSHA when they learnt of two separate incidents resulting in

amputations within a 30-day period. In both instances, management knew of deficiencies but

took no necessary steps to correct the problems in a timely manner that could have prevented

these amputations.

OSHA is citing the company with three willful, four repeat, 19 serious and one other than serious

safety violations, as well as five serious and two other than serious health violations. OSHA is

proposing penalties of $249,200 for the safety violations and an additional $17,200 for the health

violations.

The willful citations result from the company's failure to ensure that all machines had proper

safety guards, functional emergency stop cords and usable safety interlock switches installed on

machinery. The company is being cited for repeat violations related to having slippery and wet

floors, lack of safety guards on machines, machines being operated with broken parts and

employees being exposed to electrical shocks.

The case above clearly indicates that the organisation has failed to comply with the occupational

health and safety standards properly. And as a result of its irresponsible behaviour and attitude

the accidents have occurred within the organisation. From the case, organisations need to learn

that maintaining safety and health is extremely crucial because if they fail to do so they are not

only liable for the injuries and accidents but also are accountable for paying penalties for such a

crime. And as seen within this report, it is not only penalties that can be imposed on the

employers but also imprisonment that the authorities in-charge of the occupational safety and


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health can impose on them. And if imprisonment is the step taken then the reputation of the

company would decrease which eventually might cause the entire business might come to a shut

down.

9.CONCLUSION AND RECOMMENDATION

One of the major elements that keep an organisation operating successfully is its employees.

Therefore it is mandatory that organisations make sure that their employees are healthy and safe.

The purpose of this assignment was to analyse whether managers and organisations should be

held criminally liable for health and safety violations. In my perspective, as mentioned earlier in

this report, if the accidents and injuries affect the employee in a terrible way, then organisations

should be charged guilty and imprisoned if they are at fault.

Therefore organisations always need to be aware that even if accidents and injuries happen, they

cannot be held liable for it by the employees. As a result, it is recommended that the employers

take the necessary steps and measures to prevent such workplace accidents and injuries so that

they are steer away from the court in relation to occupational safety and health.

Organisations can provide proper training sessions with the employees so that employees can be

made aware of the health and safety rules. Such sessions will enlighten the workers and will

enable them practice such things in real life when doing their work reducing workplace accidents

that is occurs when one carries out their duties and responsibilities.

Organisations can also put up posters and signs throughout the premises to inform the employees

about health and safety. When any kind of dangerous work is going on or the floor is slippery,

the management can easily put up caution and warning signs which are visible by the employees

in order to prevent accidents that are caused by a slippery floor or any other elements.

It only takes a minute for an accident to occur; therefore one should act safe in order to be safe

within the workplace because every life counts because it is the life of every worker that is

helping the growth of the organisation.


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LIST OF REFERENCES

Adams, A 2004, Law for Business Students, 4th Edition, Pearson Dessler, G, 2007,Human Resource Management, 10th Edition, Prentice Hall: India OHSA 2011, Occupational Health and Safety Administration- Guidance Documents,

viewed on 18th April 2011,

HSE 2011,Health and Safety Executive Statistics 2009-2010, viewed on 18th April 2011,

HSE 2011, Self- Reported Work-Related Illness and Workplace Injuries in 2008-2009,viewed on 18th April 2011,

Oak Ridge National Laboratory 2011, Safety Document, viewed on 18th April 2011,

The Republic 2011, OHSA cites Bristol company for alleged safety violations at Madisonhotel construction site, viewed on 18th April 2011,

Sun Media Corporation, Builder fined $65,000 for healthy and safety violations at hoteljob site, viewed on 18

th

April 2011,

Legislative Counsel Office 2011, Occupational Health and Safety Act- Definitions,viewed on 18th April 2011,

Crown 2010, Occupational Health and Safety Act- An Act Respecting OccupationalHealth and Safety, viewed on 18th April 2011,

Toronto Star 2011, $1 Million Fine for Violating Occupational Health and Safety Act,viewed on 18th April 2011,

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Bournemouth Borough Council 2008, Accidents at Work, viewed on 18th April 2011,

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BBC 2011, Tesco moves into software market, viewed on 19th April 2011,

Trinity Mirror North West and North Wales Limited 2011, Asda hit with 20,000 fineafter roller shutter accident at Skelmersdale distribution cetre, viewed on 19th April

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OpenD 2011,Jamaican farmers die in a Canadian work-related incident, viewed on 19thApril 2011,

JusticeNewsFlash,2011,MA Work-Related Accident: Worker critically injured by fallingconcrete, viewed on 19th April 2011,

ABC 2011, Farmers warned to avoid dangers, viewed on 19th April 2011,

Highbeam 2011, India reports only 222 of it 40,000 work-related accidents/death: UN,viewed on 19th April 2011,

InfoChange 2011, Status of Occupational Health and Safety in India, viewed on 19thApril 2011,

Knowledge Base 2011, What are the different types of OSHA violations, viewed on 20thApril 2011,

Demand Media Inc 2011, Types of OSHA Violations, viewed on 20th April 2011,

Newfoundland Labrador 2011, Companies sentenced for health and violations, viewedon 20th April 2011,

Work Accident 2011, Roofers narrowly escape serious workplace accident, viewed on20th April 2011,
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StarTribune 2011,Minnesota wind energy firm faces $378,000 fine, viewed on 20th April2011,

Grossman 2011, Company receives OSHA Willful Violation Citation in Fatal Accident ofGeorge Oberding In New Ulm, MN, viewed on 20th April 2011,

FirmLaw 2011,New Jersey Stucco contractor cited for repeat scaffold violations, viewedon 20th April 2011,

North Carolina Workers Compensation Blog 2011, Home Depot cited for repeatviolation of work safety rules involving hazardous chemicals, viewed on 20th April 2011,

Thomas Crosbie Media 2011, Workplaces safety breaches could see bosses jailed,viewed on 20th April 2011,

Winston Solicitors LLP 2011, Builders and Contractors jailed for manslaughter, viewedon 20th April 2011,

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OSHA 2011, Occupational Safety and Health Review Commission, viewed on 20th April2011,

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BBC 2011, Tesco moves into software market, viewed on 19th April 2011,

Trinity Mirror North West and North Wales Limited 2011, Asda hit with 20,000 fineafter roller shutter accident at Skelmersdale distribution cetre, viewed on 19th April

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StarTribune 2011,Minnesota wind energy firm faces $378,000 fine, viewed on 20th April2011,

Grossman 2011, Company receives OSHA Willful Violation Citation in Fatal Accident ofGeorge Oberding In New Ulm, MN, viewed on 20th April 2011,

FirmLaw 2011,New Jersey Stucco contractor cited for repeat scaffold violations, viewedon 20th April 2011,

North Carolina Workers Compensation Blog 2011, Home Depot cited for repeatviolation of work safety rules involving hazardous chemicals, viewed on 20th April 2011,

Thomas Crosbie Media 2011, Workplaces safety breaches could see bosses jailed,viewed on 20th April 2011,

Winston Solicitors LLP 2011, Builders and Contractors jailed for manslaughter, viewedon 20th April 2011,

Accidents Direct 2011, Builder fined after worker dies, viewed on 20th April 2011,

BBC 2011, Chinese Engineers held over Indian collapse, viewed on 20th April 2011,

OSHA 2011, Occupational Safety and Health Review Commission, viewed on 20th April2011,

Grameenphone 2011, Internal Campaigns by HSSE, viewed on 20th April 2011,

Safe Workplace 2011, OSHA Proposes More than $266,000 in penalties againstManufacturer, viewed on 20

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