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BOS3525 Legal Aspects Of Safety And Health

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BOS3525 Legal Aspects Of Safety And Health Question: If the OSHA compliance officer requests documents that are not related to a formal complaint, what options do you believe the employer has?   Can an employee request that an attorney or union representative attend a private conference with the compliance officer? If the union demands to have a representative present, does the employee have to comply?   If OSHA determines that an employer’s response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have?   Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference? Answer: 1. I believe that the employer has the basic rights to cancel or refuse for the submission of the requested documents of OSHA officers. The documents are not related with formal complaint. It is not applicable if OSHA is consisted with an administrative subpoena. Here, if the OSHA officers found that for the continuation it is necessary to complete the inspection then it will process accordingly. In the inspection process, the OSHA officers who holds the position of regional administer has right to issue an administrative subpoena (Michaels, 2015). 2. The Employees, who faced discretion in their employment, can request to an attorney or union representative. They can have the permission for a private conference with such officer. According to the given statement, the inspection authorities are always elected by the worker and hold the rights for the inspection. In such circumstances, the employers will select the employee’s representative. For the Union company the employee’s representative will accompany with the employee in a confidential meetings. It is not mandatory in the guideline of OSHA. 3. In the process of non-formal complaint, the employers are bound to response on the related acquisitions. The employers will file the non-formal complaint according to the required options. If any disputes arise by the employers then the employee can identify it and file for a written complaint to OHSA. After lodge the formal complaint, OHSA will receive and according to the importance of the issues, the authority will make the inspection. The employee can expect for an appropriate investigation by the authority of the OHSA. In this process, they will recognize the actual hazards. 4. According to the given facts, the employees have the right to deny about the opening conference, closing conference and walk around if the actual situation has occurred.  If it was found misrepresentation then the employees can participate in the opening conference, closing conference and walk around. Sometimes they can arrange for the confidential meetings with the OSHA officers. The employer has right to deny the OSHA conference if they do not produce warrant. Under such condition, the OSHA officer can come back along with the warrant. Reference: Michaels, D. (2015). US DEPARTMENT OF LABOR Occupational Safety and Health Administration. Reed, K., Labat, P., Garrett, S. M., & Officer, I. C. P. (2017). Request for Proposals.

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