Practical Guide to The Occupational Safety and Health Act

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A Practical Guide to OSHA is the only Occupational Safety & Health Act compliance manual you'll ever need. This fully annotated volume provides complete coverage from multiple points of view.

“An indispensable reference covering the full breadth of OSHA issues.  This comprehensive volume should be within close reach of all practitioners who advise clients on occupational safety and health issues.”
Hon. Timothy F. Cleary, Former Chairman,
Occupational Safety and Health Review Commission

The Occupational Safety and Health Act applies to virtually every employer in the nation. This fully annotated volume—designed to speed your research when OSHA problems arise—provides complete coverage from the points of view of employers, employees, the courts, and the agencies responsible for enforcement.

A Practical Guide to The Occupational Safety and Health Act discusses subjects such as: the practical impact OSHA has on a business; how employers should respond to an OSHA inspection or enforcement proceeding; the right of employees to initiate and participate in inspections; appropriate challenges in rule-making and adjudication proceedings; and analysis of the statute and regulations to ascertain the rights of all parties. It includes coverage of: the possibility of criminal prosecution for OSHA violations and the degree to which an employer's “indifference” to violations can constitute “actual knowledge”; the doctrine of “unpreventable employee misconduct”; and the responsibility of architects, engineers and other professionals to ensure compliance with safety standards.

Book #00578; looseleaf, one volume, 926 pages; published in 1982, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-018-0.

Additional Information
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-018-0
Page Count 926
Edition 0
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Walter B. Connolly
Donald R. Crowell II
Donald R. Crowell, II is the former Labor Counsel for Union Carbide Corporation in Danbury, Connecticut.
The Scope of Coverage Under the Occupational Safety and Health Act

§ 1.01 Overview
§ 1.02 Commerce Clause Under the Act
[1] Business Affecting Commerce
[2] Requirement of Having Employees
[3] Non-Governmental Agency
[4] Regulations Concerning Coverage
§ 1.03 The Exemption for Employers Subject to Regulation by Other Federal Agencies
§ 1.04 State Plans
[1] Establishment and Submission to OSHA
[2] Approval and Evaluation
[3] Developmental Status
[4] Operational Status
[5] Certification
[6] Complaints Against State Plans
[7] Approved State Plans
[8] Coverage of State Employees Only
[9] Comparison with Prior State Legislation
§ 1.05 Preemption of State Law

Constitutional Challenges to the Act

§ 2.01 Introduction
§ 2.02 The Framework of Constitutional Challenges
[1] Article III Challenges
[2] The First Amendment Challenge
[3] The Fourth Amendment Challenge
[4] The Fifth Amendment Challenge
[5] The Sixth Amendment Challenge
[6] The Seventh Amendment Challenge
[7] The Tenth Amendment Challenge
[8] Fourteenth Amendment Challenge
[9] The Right to Privacy
§ 2.03 Constitutional Challenges to Inspection Warrants
[1] Introduction
[2] Inspection Warrants
§ 2.04 Subpoenas and the Right to Privacy
[1] OSHA Subpoena Power
[2] NIOSH Subpoena Power
[3] The Right to Privacy
§ 2.05 The Employee Medical Information “Access Rule”

Procedural Aspects of OSHA Inspections

§ 3.01 Introduction
§ 3.02 Statutory Authority and Implementing Regulations
§ 3.03 Search Warrants
[1] Exceptions to the Warrant Requirement
[2] The Warrant Regulation
[3] Challenging an OSHA Warrant
§ 3.04 Aspects of Physical Inspection of Premises
[1] Credentials Presentation
[2] Opening Conference
[3] Walkaround Rights
[4] Walkaround Pay
[5] Trade Secrets
[6] Closing Conference
§ 3.05 Employee Right to File Complaint
§ 3.06 Imminent Danger

Procedural Aspects of Citations

§ 4.01 Issuance of Citation
[1] Chronology of Citation Issuance
[2] Six-Month Period for Citation Issuance
[3] Reasonably Prompt Issuance of Citations
[4] Service of Citation and Notice of Penalty
§ 4.02 Amendment of Citation
[1] Pre-Contest Amendment
[2] Amendment After Contest Began
§ 4.03 Notice of Contest
[1] Pre-Contest Conference
[2] Filing Period and Place
[3] Form of Notice of Contest
[4] The Requirement for Written Notice of Contest
§ 4.04 The Secretary’s Complaint
§ 4.05 The Standard to Be Cited
[1] Specificity of Violations Alleged
[2] General Duty Clause vs. Specified Standard
[3] General Standards vs. Specific Standards
[4] Inapplicable Standards
§ 4.06 Role of Employees or Employee Representatives
[1] Employee Notice of Contest
[2] Employer Notice of Contest

Degrees of Violation

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