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1  Action: Analyze key components of the legal system as it pertains to the Safety and Occupational Health Profession.  Condition: In a classroom with.

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Presentation on theme: "1  Action: Analyze key components of the legal system as it pertains to the Safety and Occupational Health Profession.  Condition: In a classroom with."— Presentation transcript:

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3  Action: Analyze key components of the legal system as it pertains to the Safety and Occupational Health Profession.  Condition: In a classroom with references and case histories.  Standard: Achieve a 75% on the Legal Aspects of SOH examination 2

4  Safety Considerations: None  Risk Assessment: Low  Environmental: None  Evaluation: Written Examination 3

5  Accident Prevention Manual for Business & Industry: Administration & Programs Engineering & Technology 4

6  Rules that regulate the conduct of individuals and other organizations within society Intended to protect persons and their property from unwanted interference from others 5

7 That which must be obeyed and followed by citizens subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority, and having binding legal force (Black’s Law Dictionary) 6

8  Functions of the law Keeping the peace Shaping moral standards Promoting social justice Maintaining status quo Facilitating orderly change Providing a basis for compromise Maximizing individual freedom 7

9  Regulate & Investigate Working conditions Death & injury rates Workmen’s Compensation Programs  Walsh-Healy Act Mandates safety measures for federal contractors  Mining & Transportation  Construction Safety Act  Williams-Steiger OSH Act  Environmental Issues  Off-The-Job Safety Healthcare Reform Administration Page 21

10  Flexibility of the law Responsiveness Laws cannot be written in advance to anticipate every dispute General principles Predicting results of lawsuits 9

11  Constitutions  Treaties  Codified law  Administrative agency rules and regulations  Executive Orders  Judicial Decisions Stare Decisis 10

12  Supremacy Clause (Article VI, ¶2) Establishes federal constitution, treaties, federal laws & regulations as supreme law of the land Preemption doctrine – federal law takes precedent over state or local law 11

13  The Bill of Rights Freedom of Speech (1 st Amendment)  Fully protected  Limited protected  Unprotected Unreasonable Search & Seizure Sell-Incrimination Right to Counsel 12

14  Special federal courts U.S. tax court, claims court, bankruptcy courts  U.S. District Courts Trial courts of general jurisdiction  U.S. Courts of Appeals 13 circuits  U.S. Supreme Court 13

15  Exclusive Federal Jurisdiction Admiralty, antitrust, bankruptcy, copyright and trademarks, federal crimes, patents, suits against the U.S., other specified federal laws  Concurrent Jurisdiction Federal questions, diversity of citizenship cases  Exclusive State Jurisdiction Matters not subject to federal jurisdiction 14

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17  Standing to sue The plaintiff must have some stake in the outcome of the lawsuit Example: Linda’s friend Jon is injured in an accident caused by Emily. Jon refuses to sue. Can Linda sue Emily on Jon’s behalf? 16

18  Subject matter jurisdiction If a court does not have subject matter jurisdiction, it cannot hear the case Example: bankruptcy court can’t hear a securities fraud case  Personal jurisdiction Jurisdiction over the parties to the case 17

19  Pleadings Complaint and summons Answer  Discovery Depositions, interrogatories, document production  Dismissals and pretrial judgments  Trial 18

20  Appeal Only the defendant can appeal in a criminal case In a civil case, either party can appeal Review of the record, no de novo trial Reversal based on error of law 19

21  Rules and regulations Authority delegated from legislature  Adjudicative authority Presided over by Administrative Law Judge Decisions of administrative law judges may be appealed to the proper federal or state court 20

22  Methods of resolving disputes other than litigation  Arbitration (binding & non-binding) Impartial 3 rd party hears and decides dispute  Mediation and Conciliation Impartial 3 rd party act as mediator Interested 3 rd party acts as mediator  Mini-trial  Fact-finding 21

23  Conform to Peer Expectations Prudent Conduct  Management Pressures Cost Demands Public Trust, Cost Reduction, Worker Retention, & Increase Productivity = Mission Readiness  Canons of Ethical Behavior American Industrial Hygiene Association  Maintain Confidentiality  Disclose Risks to Workers Administration Page 36

24 Questions? 23


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