R. WILLIAMS

R. Williams Construction Co. v. OSHRC Employment Law for Human Resource Practice Professor Jama Rand
Mishell
December 2, 2012

Introduction
This case is based around the laws and regulations of OSHA. OSHA is an Occupational Safety and Health Act that has been put into place to ensure the safety of employees while on the job. These regulations are put into place to help reduce the number of on the job injuries and death. In this case, Williams Construction was put under investigation after a trench collapse, which resulted in the death of one employee and a serious injury in another. After the investigation Williams was charged with four OSHA violations that all resulted in expensive fines.
What was the legal issue in this case?

This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs In this case with Williams Construction the company was put under investigation after a trench collapse, which resulted in the death of one employee Jose Aguiniga and a serious injury to another employee Adam Palomar. After the investigation, OSHA charged Williams Construction with four violations that all resulted in expensive fines. The violations found from the investigation included;
1. The failure to instruct employees and managers on how to recognize and avoid hazardous work conditions.
2. The failure to ensure that employees did not have to travel more than twenty five feet to a safe zone.
3. The failure to have a “competent person” that was specifically trained in trench safety.
It is the belief of OSHA that if these regulations were followed that this tragic accident could have been avoided.
Explain what the employer did or failed to do that violated the OSH