Sign Missouri Arbitration Agreement Simple

Document type sign arbitration agreement missouri simple

you you okay let's start tonight with this idea of a bow show we talk about OSHA what is OSHA we throw that term out but what is it oh sure in its and we'll talk and break it down into a little more detail than that but yeah you're absolutely right OSHA is basically a law that is there to protect employees against hazardous working conditions that's the nuts and bolts of it and we're starting really a new unit if you will on employee protection laws or laws out there designed to protect the employees in one way or another all right we're going to start there with with OSHA and how it protects and as des says it protects employees in part by having laws out there that say hey if you're gonna be working in a hazardous place we want to make sure that it's not so hazardous that it's just completely dangerous we want to make it as safe as we possibly can all right what else do you know about it anything anything else okay all right it's going to provide training assistance and we'll break we'll break that down winning okay and do you know why okay yeah you've got some you got some stuff that maybe there may not be there you know it depends on the various nature of the type of work you're you're at so not every place necessarily has to follow us although most most have to provide some kind of safe workplace they will contact me on time and try to come into a voluntary instruction okay okay and you know if you have a death you may see OSHA out there okay because I'd be a little surprised if OSHA doesn't cover what you guys do yeah okay and be a little surprised because it really require applies to most workplaces and we'll talk about adding in in a little more detail all right anything else is a preliminary all right so when we talk about OSHA this is the Occupational it's called and you'll hear me say OSHA twice there is OSHA the Occupational Safety Health Act so that's the law itself and then in a minute we'll talk about the agency all right so you'll know immediately which one I'm talking about but when we talk about OSHA what we're gonna talk about tonight is the Occupational Safety and Health Act and this act was basically passed in 1970 so it's a relatively older law okay and when it was passed it had two basic goals in mind there were two basic goals that this law wanted to accomplish one of those as day is kind of hinted on was to assure safe healthy work conditions so OSHA's passed with the primary purpose of assuring safe healthful healthy working conditions and part of that gets into the things that we'll talk about as far as you know different hazards give me an example of a place that maybe as we look at that give me a place that may be hazardous pardon Melissa Hospital okay let's let's talk about a hospital why may a hospital be a hazardous place to work needles okay all right you may have needles and so there may be requirements that OSHA deals with with regard to need to lay out what else may be hazardous okay you can come into contact with other people's blood all right other other industries that may be right they want scaffolding they want harnesses this Patrick says roofing construction you're gonna see OSHA big in construction you're gonna see OSHA we had a death situation where guy was unloading a truck full of lumber pulled out one of the pieces of plywood and guess what happens all of the police pieces of plywood fell down and killed it all right OSHA was out there very quickly to see what was going on so that's kind of what OSHA does they want to make sure that there's a safe healthy working environment all right that's goal number one but the second goal of OSHA is also to engage in research education and training okay so it's also to engage in research education and training now here is what we call the employers requirement is basically a general duty all employers the law provides those who provides that all employers have what we call as a general duty all right that general duty is basically this that employers are required to furnish a workplace that is free from recognized hazards all right so when you talk about general duty OSHA comes along and it sets a regenerative on all employers and that general duty is to furnish a workplace that is free from recognized hazards all right now what is a recognized hazard Tom let's go back to hospitals what's a recognized hazard in hospitals okay come in contact with somebody's blood coming in contact with needles all right that's going to be a recognized hazard of a hospital all right what is not a recognized hazard of a hospital Darla's yeah you shouldn't get a staph infection although these days if you go to a hospital you got to watch out for it all right so that may or may not be a recognized hazard okay but probably in terms of OSHA were to control that probably would be a recognized hazard just because it's more common now have you said that 20 years ago yeah probably not a recognized hazard but even then maybe okay give me another example Patrick could be all right unless let's take that let's say you've got a kid that's visiting his dad at the hospital and he brings in his bag full of marbles and he dumps them on the place and now somebody slips and falls on him all right that is not a recognized hazard of being in a hospital slipping on water maybe and in fact they have all kinds of restrictions regulations with regard to the chemicals that you use and things of that nature but yes slipping and falling may not may not be a recognized hazard certainly the more far afield that we get it's not going to be a recognized hazards okay so the duty is not to protect from all hazards the duty is not to protect from every injury that may occur the duty is to protect and the key is recognized hazards all right and it recognized hazard just to define it is one known to be hazardous taking into account the standard of knowledge of the industry all right so it's one that is a recognized hazard is one that is known to be hazardous when you take in to account the standard of knowledge of the industry all right give me other examples of situation or somebody give me an example of a situation where today there may be a recognized hazard that 20 years ago 30 years ago 15 years ago there was not a recognized hazard Jackie okay all right okay Jackie talks about the dry-cleaning industry you have a case I'm gonna Jack here is it just just okay sorry all right it can be a good example the dry-cleaning industry all right chemicals that were used in the dry cleaning industry 20-30 years ago nobody may have thought anything about it now if there's a link to cancer and based on the knowledge of the industry if people know that this chemical used in dry clean it is going to cause cancer then it may be a recognized hazard now all right so just because it wasn't always a recognized hazard doesn't mean it can't be a recognized hazard at some point right now employers are also required in addition to this general duty requirement employers are also required to meet various standards such as record-keeping and we're not going to get into all the details I'm not sure that I care necessarily about you having all the details I think I can keep records of injuries okay records of deaths that occur accidents illnesses and particular hazards and depending upon the industry that you're in the record-keeping may be a little bit different okay now for the most part and there are a couple of exceptions that that we can get into but for the most part all all employees who work for an employer engaged in interstate commerce or in a business affecting interstate commerce are covered okay say it again for the most part all employees who work for an employer engaged in a business affecting interstate commerce are covered now from the first night or so I know what Whitney's company is and Whitney you are in a business of your entire automotive shop now does the tire an automotive shop affect interstate commerce now there are also other agencies that can engage in what we call preemption so and when I say preemption what's that word mean what's that word mean to you yeah not really kind of I mean there you go act before yeah Tom act before somebody else acts all right and basically if there is a federal agency that puts on a specific regulation that may preempt or take over what OSHA does all right so if there is a federal agency that says we're going to have this regulation in this particular industry OSHA may not apply why would that be the case why would you allow a federal agency to preempt what OSHA with another federal agency really what OSHA wants to do what's the reason for that who's gonna know better about for instance let's take the transportation industry who's going to know better about the transportation industry than the National Transportation Administration okay and so you get in into those kind of areas now here's what you have to have in order to have preemption all right number one in order to have preemption the other federal agency must cover the working conditions with the purpose of protecting employees okay they must cover with the purpose the working must cover the working conditions with the purpose of protecting other employees that has to be their reason behind it they just can't have an agency out there that has laws that may affect they that has to be their purpose is the agency must cover the working conditions and the other agency must have exercised authority with regard to regulations they must have actually promulgated regulations put regulations in place gone through that procedure all right that is the the kind of umbrella if you will of this whole idea that's the purpose of the Occupational Safety and Health Act now within the Occupational Safety and Health Act or that act basically creates three type of agencies that you need to be aware of okay there are three agencies really created out of this Occupational Safety and Health Act the first one is the other OSHA that we refer to and that's the Occupational and Safety Health Administration OSHA the Occupational Safety and Health Administration they are there they're the heart of the Act if you will they're the heart of OSHA okay they're the heart of the law their job is to promulgate standards okay conduct inspections issue citations recommend penalties and they're the ones that that are at the meat of what we think about OSHA when you hear somebody on the street talk about OSHA is gonna come in you're talking about the administration OSHA Occupational Safety and Health Administration they're the primary enforcement agency jaci issues citations recommend penalties they recommend the penalties they're the ones if you read the I think there was a Trinity case that I set up and if you want to see what happens when you get cross ways with OSHA read the Trinity case all right that we put in your supplementary material anybody that read that tell me a little bit anybody remember what that case was about go ahead for it yeah yeah Jackie says somebody makes a complaint and that's how it happens somebody usually not always usually a disgruntled employee that hasn't gotten their way or has been fired a lot of times it's after they've already left okay because if they're really concerned they can go to their employer talk about it ahead of time or whatever but usually have somebody that comes forward makes a complaint and when they make a complaint OSHA comes in and inspects it and in the Trinity case you know they were there on issue a if you will but they ended up on su b c d e and f all right it just shows you the wide power now the corps trained them in a little bit and said you're not gonna do all that all right but it is an interesting case to go back and to read and kind of see the enforcement power that they have and what they think they have you know Whitney's right you want OSHA in there if you can keep OSHA out you want to keep OSHA you know you probably want to keep OSHA out because it's a nightmare on the other hand do they perform a service that's productive sure they do sure they do but if you get one of those investigations or inspections it's going to be a real pain but but that's OSHA the administration part Occupational Safety and Health Administration they primarily cover the promulgating of the standards the inspections of citations the penalties those those types of things then you have what is called knee OSH ni oh Sh all right knee OSH and that is an acronym for National Institute for Occupational Safety and Health it is the National Institute for Occupational Safety and Health now one nias does is they do the research aspect of it if you will they're there the more educational arm of the Occupational Safety and Health Act okay so they look at the research that needs to be done they provide the technical knowledge if you will to the administration so that they can determine what standards to promulgate what laws to promulgate what regulations to set forth all right that's Neos and then your last main agency or group set forth under OSHA is the OS HRC the OS HRC and that is the occupational safety health and review commission or Occupational Safety and Health Review Commission they're the ones who get involved in the cases like Trinity all right because what happens is if let's pick on Whitney for a little bit if we go in to Whitney's tire business all right and we're OSHA and we go in and look at their business and we slap a hundred thousand dollar fine on Whitney well she has to have somebody to turn to and so she turns to the review commission she appeals that penalty and then is the review commission that makes the decision hey OSHA do you have this authority do you not have this Authority and then you work your way on up to to the court level eventually but the agency that initially looks at it is the Occupational Safety and Health Review Commission all right any questions about the basics that's a bare basics of the Act I mean we can spend months on all the technical details but well we're not going to okay all right so then you have what what gets into the problems with OSHA and I say the problems with OSHA where where a lot of the cases come out of is what we call the standards because what happens with standards where do employers get crosswise with OSHA on the standards I mean why is there why do we have to worry about what OSHA thinks are what the employers think and the standards what's what's the issues there what happens probably it's not the most artfully worded question let me ask it this way what does an employer think about a lot of OSHA standards probably not happy about it okay Jackie says probably not happy about it and why okay what all right and what is the number one go we already talked about it from day one what's the number one goal of an employer of an employer make money yeah and so when you get OSHA making these standards that makes it harder to make money okay it's a lot easier to if you well it's a lot easier to run a machine a saw okay an electronic saw without any kind of shield or automatic shutdown on it right why because it costs money to add that shield it costs money to add those safety devices all right so when you get into those standards employers don't like them but the Secretary of Labor has it so Secretary of Labor has the authority to set these standards now OSHA provides three types of standards that we want to cover in here okay we'll talk about in here and let me give them to you and then we'll back up you have what are called interim standards int II Rin these are what we call interim standards you have what are called permanent standards and then you have what are called emergency standards right so you have interim permanent and emergency and those are the three types of standards that you basically have regulations promulgated by OSHA all right interim standards are those that went into place during the first two years of the Act and just haven't been modified they're still out there and will remain until they're modified alright those are what we call interim standards and they remain in place until made permanent modified or revoked all right then you have what are called permanent standards permanent standards are newly created or revised standards that OSHA and NIOSH hav worked together to create now OSHA doesn't generally just go into a place out there and say okay here's the new standard here's what happens basically you familiar with the Federal Register it is the most boring piece of thing you'll ever read but it's where all these regulations and standards are printed and what happens is OSHA will go out and say okay we're going to put a rule into effect but they publish that rule in a book or a document called the Federal Register okay it is the Federal Register and most laws not just OSHA most laws are go through this process of being or most rules regulations if you will go through this process of being in the Federal Register alright and so let's say we're gonna have regulations on coal mining all right so OSHA says hey you know we've let's go back to Jackies dry cleaners alright we've got dry cleaners and we've got these chemicals and we've been looking and nias has come in in place and told us hey there really is a problem with we've done the research there's a problem with these chemicals so we need to set into effect new regulations so here's what we're gonna say your dry-cleaning chemicals can't be more than point zero zero four milliliters of this particular chemical so they they say that's that's what it's gonna be well they don't immediately just write that law and then everybody's got to comply with it they publish it in the Federal Register now why do they bother to publish it besides the fact that they have to what's the purpose of publishing it Melissa it's called public comment okay you have the right for public comment for 30 days okay and give you one that is not oh and maybe we should save it for the ABA but just because I'm going through it right now we'll talk about it right now the ABA and the Justice Department you were like is requiring what with regard to pools right basically the ADA is is requiring right now that and the Department of Justice is requiring that for these pools you have to have what is a chairlift and and the idea is a good idea there are people who are handicapped who are disabled who may want to be in the pool but don't have a way of getting into the pool all right so they have creative what is this chair left or they they created a regulation for the chair look now that's now law goes into effect January 1 2013 all right now having said that what happened is before they ever said this is the law this is what you've got to do they published it so people could comment on it same thing with regard to OSHA they'll say here's that what we're gonna do and now you've got so many days to come in and really that's not just one of those things where the government says you have the right to dispute this and you go yeah right I'm not gonna get anywhere they really do pay some attention to what goes on okay and so if they put this idea out there with chemicals and say you can only have so much per millimeter of this chemical then at that point that's what that's what the law is gonna be so the people that are affected by that can come back and say we don't like it all right well we don't want it and so then they have hearings on that they may have public hearings they may go through that whole rigmarole if you will and then so many days I think it's like 60 days after that comment period ends or the close of the hearing then then there's got to be a rural issue now I will tell you it it's changed all the time and it gets put back and the laws are put into effect and then they're changed or you know they say you've got to do this by November 1 and then they'll move it back to December and it's always a moving target but that's the idea and that's how standards become permanent that's the whole process if you will of a permanent standard you also have what are called emergency standards okay and these are issues or standards I'm sorry these are standards issued when a secretary believes that employees are subject to grave dangers from harmful or toxic substances or other conditions and almost always it's substances because it's a lot I mean if it's just a it's just a piece of equipment you can remove the piece of equipment so you don't necessarily have to have you're mainly dealing with substances here yeah yeah basically emergency standards are issued when the Secretary of Labor believes that employees are exposed to great dangers from harmful or toxic substances yeah going back to our dry cleaning instance we found this chemical we are now convinced that this chemical causes it you've got to replace this chemical with something immediately all right that would be what we call an emergency standard you got to get it out you got to get it out now or you got to add more water to it or whatever the regulation is all right and the rationale for that is that this is so dangerous and so harmful that if we don't do something with it now people are gonna die okay now generally those are what we call emergency standards generally they have to be made permanent and go through that process within six months once their issue okay so after the emergence the emergency standard is issued it's put into effect you may not have to have that in fact by the nature you don't have that initial public comment because it's it's so important that you put it into effect immediately but once you put it into effect you have to begin the process of making it permanent okay when I say you you know OSHA the Secretary of Labor and they generally have to do that within six months the permanent the permanent standard generally has to be issued within six months okay now what do you do if you're an employer you're a dry cleaner you're Glos dry cleaner or whatever and you don't like this standard okay you appeal it just like you can appeal a court case if you lose you appeal the standard and you file an appeal within the Federal Court of Appeals when the court looks at that here's what they're looking at here's what they're trying to judge they're saying is this standard necessary because of a significant risk of material health impairment that's the standard is there a significant risk of material health impairment if there's not we don't need a standard for it and the regulation or the standards issued must be the one that most adequately assures to the extent feasible that it's going to decrease the risk all right so you can't issue a standard that is overkill okay can't issue a standard that's necessarily overkill but it has to be the one that is adequately asurs to the extent feasible the decrease of the material risk or the alleviation of the material risk now when we talk about feasibility two key components there okay number one when we talk about feasibility we're talking about economic feasibility and what would be the other feasibility that we'd be talking about you had economic feasibility what else what if I issue a standard today that says because of the scripts that we've all made over the last five years you've got to immediately transport to five years ago and redo is that a ridiculous standard why can't be done all right so not only is it economically feasible it has to be technologically feasible okay so when we look at feasibility has to be both economically feasible and technologically feasible now a couple of things about these whole this whole feasibility requirement number one with regard to the economic feasibility it doesn't mean let me say see if I can say this the right way maybe we will articulate it later economic feasibility doesn't prevent companies from going out of business all right if I'm if I'm a dry cleaner let's go back to that dry cleaner and if it's going to put me out of business that may be too bad it may be too bad so when we talk about economic feasibility it really it may threaten some firms may threaten some dry cleaner firms but it may not threaten all of them and if it threatens the mom-and-pop dry cleaning firm so be it that's that's the way it goes all right so when we talk about economic feasibility it doesn't matter that it may push a company out of business when we talk about technological feasibility it doesn't mean that the technology has to exist today in other words it can force the technology and they can say you've got to find a way to get this done you've got to find a way to make saws safer and even though we never have seen what is called a saw shield if you will or a barrier guard you've got to find one you got to create one you got any of that one so technologically feasible doesn't necessarily mean that it's available that the technology is here right now today it just means that it's got to be something you can do just because that's something nobody's ever done it doesn't mean that it can't be done all right now you can appeal the standard the other thing you can do is ask for what we call a variance from the standard and this happens quite a bit okay let's go back to our dry-cleaning situation you can say there is no way that I can you make this chemical get rid of this chemical today but if you'll give me a temporary variance I'll be able to find a substitute with in six months you make me switch today I'm gonna go out of business I can't do it but I'm asking you to give me six months to make this to switch to a new chemical and they can do that okay they can give what is called a temporary variance can be granted for a year it can be pushed back for a couple of periods on top of that okay all right any questions about about those particular those particular standards you can also act ask I'm sorry you can also ask for what is called a permanent variance so temporary variance that says hey we're gonna eventually comply you can also get less likely but a permanent variance and a permanent variance can be granted when the employer can show that it's alternative procedure provides a safe and a healthy workplace as does OSHA standards all right so the permanent variance says we never have to comply with this law so long as we can show another procedure that's just a safe alright listen we're just creating things as we go along with our dry cleaning example but let's say our dry cleaner standard is that we are not allowed to use this chemical whatsoever okay that's the law and let's say that we've got a billion dollars worth of this chemical setting forth all right in our factory and yet because of what we do we basically can run that chemical if you will through another procedure that removes the harmful effects from it okay and kind of see where we're headed with that I don't know why an employer would want to do that but if they did all right and they could show that it removed the harmful effects then they could be granted a permanent variance okay so a variance permanent variance can be Gwynne the employer can show hey we got another procedure doesn't quite do what you do but it has the same effect okay all right now keep in mind this with regard to Occupational Safety and Health Act there really is not a private cause of action for OSHA okay now there's some whistleblowing don't get me wrong there's some whistleblowing which means that if you've got a disgruntled employer or employee I'm sorry if you've got a disgruntled employee who makes a claim you can't do what to him can't fire all right so there's some whistle protection whistle blowing there and based upon what we've talked about earlier if you were to be fired because you reported an OSHA regulation I think you could bring a wrongful termination I think the employee can be bringing a wrongful termination claim all right because OSHA says the Act says you cannot file or you cannot whistle a fire somebody just because they make a complaint okay OSHA also protects to some extent employees who refuse to work in a dangerous situation you'll see a few cases out there with this okay let's go back to well let's stay with our dry cleaner okay you've got a college student that comes in that works on the dry cleaning and they come in and they say I'm not gonna work with this chemical any more you got to get this chemical out of here all right for the most part an employer cannot discriminate against an employee who refuses to work in a in the in a dangerous condition okay now here's the key to that because a lot of times you get employees who say don't want to do it not gonna work this is dangerous has to be a reasonable test reasonable person test with a reasonable person under the circumstances conclude that there is a real danger of death or serious injury okay for instance let's the chemical standard probably reasonable alright let's take that same person who's working at the dry cleaner and say I'm not going to use hangers because if I use a hanger it's going to poke me in the eye and I'm gonna go blind alright no reasonable probably not okay that in particular employee would not be protected now having said that let me say this you don't have the right as an employee to just go out and file your own lawsuit against an employer to make the conditions better alright you don't have the right as you can file the complaint but you don't necessarily have the right to go out and sue then if you will if somebody's not following OSHA and generally if OSHA doesn't want to take it then you know should doesn't necessarily have to so there's really not that that pure civil right that you have in other situations Osia is probably and they're looking more and more at workplace violence it's not really yet a standard but what was the case was it what was the second case that I put on the readings you pop yeah is that that's the guy in the Union yeah interesting case what's it was what's that case about Jackie go ahead thanks for volunteering yeah you have to go through this procedure I mean this guy was maybe a loose cannon you know I thought boy that's tough that's tough but that's what the laws require that was the union agreement that was their collective bargaining will talk about unions later on in this class but basically the arbitrator came back and said you know what you've got to put him back to work you have to reinstate it I've read a case today very similar where guy was cussing creating what most of us would call a hostile environment and yet the employer had to keep him and to keep him and and because of some union requirements so you've got that match I think that dispute and a conflict between what happens when an employer wants to get rid of somebody who may be dangerous but you also have the Union and the reason I threw that case out there is again OSHA hasn't completely gone to the point that they're making workplace standards for bullying or whatever but there's been talk about that and they certainly have some regulation and I say regulations they certainly have some language that they suggest you know it's we want to watch out for workplace violence awareness that's the nuts-and-bolts if you will lotion there's so much more that we could probably cover and look at it but we have a lot to cover in this class and it's an area so I'm not sure I want to go much further but with that in mind any questions about OSHA the standards anything like that you