Introduction
Safety has always been a major concern within the labor department. In the case of employee and employer labor issues have gone on throughout history. After the abolishment of slavery, and the passing of the Equal Rights and Discrimination legislations, issues involved within the workplace have dealt with safety and health. In 1893 Congress passed the Safety Appliance Act that became the first federal statutes that required safety equipment, although applied only to the railroad equipment, within the workplace. Soon later in 1910 Congress passed the federal Bureau of Mines after there were highly publicized deadly mine explosions and collapses. Bureau of Mines was created to conduct research the mine safety, however had no authority to regulate. As time progressed, technology and change has brought more innovations and machines that have crated newer jobs, and larger workforces that have increased the probability of health and safety concerns.
The creation of workers’ compensation laws backed by trade unions were created to discourage employers from allowing unsafe workplaces. The growing power of labor unions and the public outrage help lead to reductions in accident of workers for a short time. After the immigrant population significantly grew in the United States grew the workforce, and with the inclusion into WWII the industrial jobs grew. The government’s involvement into chemicals put many workers at risks which elevated the safety hazards to both employees and employers that were ignorant to the side effects of prolonged exposure. During that time many states had yet to create workplace safety laws, and it was only until the government stepped in that laws were changed. President Lyndon Johnson took the first try at regulation workplace safety laws, by creating a bill that provided the creation of occupational safety standards. However the bill proposed bounced between republican and democratic parties that each modified the bill. It was unsuccessful, yet help to provide a blueprint for the next president.
In 1970, President Richard Nixon, gave for the first time that businesses and the industry were covered by uniform laws. The federal government passed the Occupational Safety and Health Act (OSHA) apart of the U.S Department of Labor, Occupational and Safety Act. The purpose of OSHA was to prevent any work-related illnesses, injuries, and deaths in the workplace, by mandating, and enforcing rules and requirements for workplace health and safety. Before OSHA, workers were mainly during the Industrial Revolution, worked in coal mines, factories, and other harsh industries that were not subject to any government regulation.
The employers abused their workers and overworked them in unsafe working conditions and the prevalence of child labor. The creation of the Bureau of Labor in 1884 was the first agency to address the problems of working conditions. The Department of Labor was created in 1913 that helped overlook labor issues in the United States. Since the establishment of OSHA, it has help to establish the use of guards and protective pieces on moving parts that prevented contact with moving machinery. With other loose laws and regulations that didn’t really do much to authorize regulations within the industry, the creation of OSHA has helped to change the scope in which workers are protected by federal laws from unsafe work environments.
OSHA has been in law for over forty years in protecting the health and safety of men and women in the working industry. OSHA serves two primary factors, “OSHA's mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance” (OSHA, 2013) This incorporates setting standards by conducting routine inspections that ensure that workplaces are complying with regulations that are demanded by OSHA to guarantee the safety from adoption of methods, procedures, processes, and practices for their employees. Employers are obligated to inform their employees of these standards so that employees are knowledgeable that the employers adhere to the required rules and regulations that are applicable to their own conduct and actions in the workplace. If OSHA feels that a company has violated the regulations then they are at liberty to issues citations and pentacles to those extents.
OSHA covers for major categories of industries; maritime, agriculture, construction, and general industry. OSHA has set standards that apply specifically to each category while also providing broad regulations such as imposing requirements for employee access to protective equipment, hazard communication, and access to exposure and medical records. (OSHA, 2013) One of the more significant standards are in relation to providing protective wear and equipment at no cost to the employees, in order to protect them from work hazards. These include, back braces, eye goggles, hearing protection, hand protection, and head protection. Each state has OSHA laws, and while not every employer is covered, the major companies such as corporations are required to comply with OSHA standards and regulations.
Green Mountain Power Corporation vs. Department of Labor and Industries
Background
In the case of Green Mountain Power Corporation vs. Department of Labor and Industries 1978, fits into the general industry category of OSHA, which generates, transmits, sells, and distributes electricity in Vermont. Green Mountain installs meters on businesses and homes, while generating solar power, renewable power, wind power, and hydroelectricity. (Green Mountain Power Corp, 2013) In 1978, an employee of Green Mountain Power Corporation, a lineman first class was killed when he came into contact with a live wire (OSHA, n.d). Green Mountain Corp was issued a citation and penalty from VOSHA (Vermont OSHA) under the general duty clause. In the Green Mountain’s policy the employees were under the supervision of the foreman that determined all safety measures in regards to protective wear for lineman first class. OSHA upheld the citation and the penalty that concluded that the Green Mountain Corp violated the general duty clause by failing to provide employees with a workplace that was free from safety and health hazards, by providing adequate protective covering.
Facts
Green Mountain Corp did not provide the protective safety covering when the lineman first class used on energized wires where the employee was performing his work. When the case went before the superior court it reversed the Board’s decision. OSHA then went and appeal the decision, the appeal’s court reversed the decision of the superior court and held that Green Mountain Corp safety policy, “of covering everything within reach was not a defense under VOSHA” (OSHA, 2013). The matter was complicated further by going against VOSHA, was Green Mountain Corp’s policy of leaving all the decisions in regards to protective coverings of the wires to employees shifted the responsibility from the employers to the employees. The reason for the safety measures to be implemented in the workplace was the reason of the legislation enacted into the general duty clause.
The analysis of the case is that OSHA presented substantial evidence that sustain a general duty clause violation. According to the law in order to prove the company violated the general duty law, “failed to render his place of employment “free” of a hazard that was, “recognized” and “causing or likely to cause death or significant physical harm” (Federal and State Cases, n.d) The hazards or those that even though employers are not aware of the potential harm, the hazard is known as an industry as a whole. While VOSHA’s general duty clause does not impose the absolute duty on the employers renders the workplace free of recognized hazards. The primary responsibility for achieving safe and healthy workplace rests in the responsibility of the employer under the general duty clause. (Federal & State Cases, n.d) According to the general duty clause, it imposes on the employer a required duty that attempt to suppress and prevent hazardous conduct by employees. As the numerous occupational injuries arise because of employer negligence, it is the primary responsibility for compliance with the standards of the Act. Green Mountain Corp would not liable if they took the preventable feasible measures would reduce the likelihood of the existence of the hazard, however, Green Mountain Corp left the responsibility in the hands of the employee. The errors found within the case is the knowledge that the foreman was aware of the pole did not have the sufficient protective covering needed to remove the connecting wire without assistance. The Green Mountain Corp testified that once lineman reach first class status all safety decisions are left to the linemen, under the immediate supervision of a foreman.
Application of OSHA
As apart of the supporting evidence, OSHA found that the inadequate covering of high voltage wire was considered a hazard that would likely cause death or play significant harm. These hazards of live wires on poles are serious enough to have a specific rule for covering all wires that are within reach of employees. The recognized hazard was established under VOSHA, where the employers had to furnish the workplace free from recognized causes that would likely cause or death. As part of VOSHA, it was the Employer’s Duty, and need for Green Mountain to be compliant, which they were not. The employee’s duty to be compliant to the act’s provision, for the employer to be compliant with the safety provisions. What Green Mountain also failed to show is that while Green Mountain is used to take feasible measures, employees can take measures which can be avoided, than there is no need for basis in imposing liability if the employee is noncompliant and is caused harm. (Federal & State Cases, n.d)
Where Green Mountain failed at proving their case to establish no fault of their own. Green Mountain’s safety policy was not in compliance with VOSHA, which required that lineman first class were to make the determination of wearing protective covering, even under the supervision of a foreman. The lineman first class that was killed working on the pole and was electrocuted by the live wire, the foreman was present and knew of the inadequate protective covering where the lineman was working. This policy violated the state’s occupational safety and health act’s provision for safety in the workplace that is free of recognized hazards that were likely to cause significant harm or death. Those are the facts of the case where Green Mountain was in the wrong, where one line and one foreman were working. The safety policy of Green Mountain is inadequate which allows for the first class lineman to make the determination of safety protection. This violated VOSHA which felt that Green Mountain Corporation was shifting the burden of safety to the employee instead of the employer. The appeals courts found in support of OSHA, and overturned the ruling of the superior court.
Conclusion
OSHA was created in order to protect works from hazards at work. In particular, OSHA ensures ta workplace that is safe and healthy for workers. OHSA imposes rules and regulations that companies within the industry have to comply with under federal law. Under federal law, companies that violate these rules and regulations are given an appeal and a citation. In the case of Green Mountain Power Corporation vs. Department of Labor and Industry (1978), Green Mountain was held to violate the general duty clause, which was upheld by the appeals court,
Refernces
Green Mountain Power Corp. V. Commissioner of Labor and Industry. (n.d). Federal & State Cases. Supreme Court of Vermont. 136 Vt. 15; 383 A.2d 1046; 1978 Vt. LEXIS 679
General Duty Clause. (n.d) OSHA. Retrieved from https://www.osha.gov/dcsp/osp/osp_contested_case.pdf
Green Mountain Power. (2013). Green Mountain Power. Retrieved from http://www.greenmountainpower.com/about/
VOSHA. (2013). Department of Labor. Retrieved from http://www.labor.vermont.gov/
