Occupational Safety and Health Law, Third Edition

Type
Book
Authors
Dale ( Gregory N. Dale )
Shudtz ( P. Matthew Shudtz )
 
ISBN 10
1617463132 
ISBN 13
9781617463136 
Category
Unknown  [ Browse Items ]
Publication Year
2013 
Publisher
Pages
1500 
Subject
Industrial safety -- Law and legislation -- United States. Industrial hygiene -- Law and Legislation -- United States. United States. Occupational Safety and Health Administration. 
Description
This authoritative resource on the Occupational Safety and Health Act (OSH Act) and accompanying regulations examines employer obligations to protect employees from occupational hazards, and provides clear analysis of how the law works and how it affects clients. It examines every aspect of workplace safety and health law, including recordkeeping and reporting, the general duty clause, penalties, union participation and appeals. The new Third Edition of Occupational Safety and Health Law references key decisions and developments in occupational safety and health law since 2008, emphasizing the principles of law as set out by the Occupational Safety and Health Review Commission, Mine Safety and Health Review Commission and the courts. The Third Edition updates the treatise s comprehensive coverage of the OSH Act, its implementing regulations and the cases interpreting them, as federal courts and the Review Commission continue to refine their analysis of employers duties under the Act and add nuance to the law. Topics such as penalties and other enforcement prerogatives are discussed, along with agency pronouncements and interpretations issued through mid 2013. The Third Edition analyzes the Mine Safety and Health Act (MSHA), workers compensation laws, whistleblower protection statutes and related state laws. The treatise also examines: Growth in the contingent workforce (i.e., temporary workers, independent contractors, etc.) and its impact on multi-employer liability, and how non-standard employment relationships affect rights and duties under the OSH Act Updates and/or changes in the enforcement and interpretation of standards and the general duty clause by the courts and the Commission Agency perspectives and interpretations of employee walkaround rights and safety incentive programs The Third Edition offers updates on case law and court decisions, including: Erickson Air-Crane v. OSHA, in which the Commission vacated a General Duty Clause citation alleging a fall hazard, on the grounds that the employer had lacked fair notice of an obligation to provide fall protection and that the issue of whether the employer s work policy constituted a feasible means of abatement was not properly tried NMSA v. OSHA, in which the D.C. Circuit held that the OSH Act s delegation provision empowering OSHA to set health and safety standards was constitutional The treatise discusses OSHA s Hazard Communication Standard, which was amended in 2012 to align with the Globally Harmonized System of Classification and Labeling of Chemicals; describes the changes and ongoing litigation related to the new standard; and explains MSHA s implementation of the MINER Act following changes to mine safety legislation. The Third Edition includes updated text of the OSH Act, a summary of state plans and state plan information, a table of cases and a detailed index. - from Amzon 
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