Question 1: Negligence and compensation
It is very challenging but possible for an employee to sue theemployer for negligence unless he did the worker harm on purpose andthat it can be proven. Given that some states provide the employeewith a legal venue to sue the employer for intended negligence thatcaused injuries and harms, the workers compensation is not always anexclusive remedy. If an employee has to sue an employer, he will haveto provide firm evidence of the employer’s negligent actions thatdirectly led to his injury. The majority of the states adopt theworkers` compensation, which is an exclusive remedy system thatcharges the employer with responsibilities to their employees forwork injury and negligence (Cheeseman, 2013). In fact, negligence isnot relevant to workers compensation and so even if the employer isnegligent, he may still collect under the exclusive remedy making itdifficult for the employee’s pursuit.
Question 2: Compliance with OSHA
Employers have the overall responsibility for providing a safeworkplace to comply with the OSHA law. Under the OSHA regulations andcompliance, the employers should offer a work environment that isfree from recognized dangerous hazards according to the Actsrequirements (Cheeseman, 2013). Some of the tasks that the employersshould do to comply with OSHA include examining the workplaceconditions to confirm safety application, ensuring that employees usesafe and properly maintained equipment, using visible color codes toindicate or warn the employees of potential hazards and communicatingabout hazard exposure and caution to workers. To respond to OSHAinspections, the employer should first confirm the inspector’scredentials, reason and warrant for the inspection. After theconfirmation, the employer accepts showing the inspector around theinvestigative parameters. The employer is free to ask any questions,take notes, watch any tests and request for samples and reports ofthe inspection.
Cheeseman, H. R. (2013). The legal environment of business andonline commerce: Business ethics, e-commerce, regulatory, andinternational issues (7th ed.). Upper Saddle River, NJ: PrenticeHall.