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Free Example of National Realty Essay

The facts of the case National Realty and Construction v were that an employee of National Reality and Construction, O. C. Smith, died while operating front-end loader of this company. The loader had a stalled engine while it went down an earthen ramp into an excavation. It began swerving off the ramp. Smith jumped and he ended up dying after the loader toppled off from the ramp and fell on him. Occupational Safety Health Review Commission found that National Reality and Construction had committed a serious violation towards the general clause of 1970’s Occupational Safety and Health Act. They imposed a civil fine of $ 300.

However, the court reversed the ruling of the Safety Health Review Commission. It argued that it could not locate substantial evidence to support the findings of the commission. The court ruled that National Reality had allowed the existence of a condition that amounted to a recognized hazard. It argued that the condition that this company created was likely to cause serious physical harm or death to its employees. Smith faced this condition when he stood as a passenger of construction equipment that was in motion. In its decision, the court was not agreeing with the company but upholding the citation. The citation stated that National Reality had breached its general duty when it allowed Smith to ride the loader. According to this case, a company has a duty of eliminating any recognized hazard that is causing or likely to cause physical injury or death of its employees. Every employer has a duty of rendering his or her place of work as free from any potential hazard. National Reality failed to remove the dangerous activity of the riding equipment. From the study conducted by the court, it was clear that National Reality and Construction had recognized this hazard and they knew that it had a potential of causing serious physical harm and death.

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WG Fairfield Case

The facts of the case Fairfield Company v. Occupational Safety Health Review Commission were that the employees of Fairfield Company struck a cable unexpectedly while digging a trench on a highway at Ohio. One of the employees known as Floyd Wolfe walked across the three northbound lanes of the road that they were constructing in order to find out whether the cable had been pulled lose. However, this employee was unable to trace the cable and so he decided to cross the three southbound lanes in order to trace the cable. In the process of crossing the lanes, a car struck him and he sustained serious injuries. No flagman was present to direct traffic as the construction process was taking place. In addition, there were no signs to warn motorists of work that was progressing on the southbound lanes. According to the Occupational Safety Healthy Commission, Fairfield Company had violated their employers’ duty of maintaining and initiating safety programs. In addition, they had violated their duty of instructing their employees to recognize and avoid any unsafe working conditions.

Fairfield Company argued that Occupational Safety and Health Commission had acted arbitrary by affirming citations that they had violated two Occupational Safety and Health Act regulations. The court argued that Fairfield should have prohibited the crossing of the highway. In addition, it stated that this company should have addressed the practice of crossing roads in its employee training and safety programs if it were a prudent employer. The court also stated that Fairfield was aware of the hazard of trying to cross and active highway on foot. It also stated that this company had failed to address this hazard while engaging in its construction activities since it should have considered at least one potentially safer alternative.

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