R. Williams Construction Co. V. OSHRC
Katrina Dickey
Strayer University
Dr. Banks HRM 510-Business Employment Law
December 1, 2013

R. Williams Construction Co. V. OSHRC
Safety has been on the top of the list since many can remember. Having safety work practices can make or break a company. It did just that for R. Williams Construction Company. OSHA (Occupational Saftey and Health Act) was put into place to help protect employers and employees. When regulations are not followed it could cause employers money and employees injury. In this paper it will review the case of R. Williams Construction Company V. OSHRC, discuss the legal issues in the case, and analyze why R. Williams construction Company was fined for over three safety violations.
What was the legal issue in this case? The legal issue in the case R. Williams Construction Company v. OSHRC was the result after a trench collapsed, which resulted in the death of one employee from the construction company, Jose Aquiniga and serious injury of another employee, Adam Palomar. After close investigation, OSHA charged R. Williams Construction Company with four violations that all resulted in expensive fines. The violations included failure to instruct employees and managers on how to recognize and avoid hazardous work conditions. The next is the failure to ensure that employees did not have to travel more than twenty-five feet to safe zone. (Walsh, 2010) Third was the failure to have a competent person who was specifically trained in trench safety. Last was the “failure to ensure that the walls of the excavation be either sloped or supported” (Walsh, 2010)

Explain what the employer did or failed to do that violated the OSH Act.
OSHA determined all of the violations due to the tragic accident that left one employee dead and another employee injured. OSHA felt that this accident could and should have