HRER 811 PSWC Narrow Legal Issue Questions

Overview

this is the book we are currently reading off.

Readings are attached

• Lesson 8 Commentary
• Twomey & Greene Text Readings:
  • Chapter 11
    • Occupational Safety and Health Law, pp. 393–424
    • But skip American Textile Case 11.1, Whirlpool Case 11.3, Marshall Case 11.4, and John Carlo Case 11.5.
  • Chapter 15
    • Section 15:4, Workers’ Compensation: Relationship to the ADA, pp. 603–612
    • But skip Halliman Case 15.6, Quaker Oats Case 15.7, and Gacioch Case 15.8.
  • Chapter 16
    • Section 16:2, Whistleblower Protections Under the Sarbanes–Oxley and Dodd–Frank Acts, pp. 638–644
• Additional Readings:
  
  • OSHA, Final Rule to Improve Tracking of Workplace Injuries and Illnesses Frequently Asked Questions
  • OSHA, The Whistleblower Protection Programs
  • OSHA, Fact Sheet: Filing Whistleblower Complaints under the Sarbanes–Oxley Act
  • OSHA, Access to Medical and Exposure Record
  • Question Set 1
  • Steelworks PA Inc. employs 500 people in a plant in rural Pennsylvania. It is nonunion. Although Steelworks promotes health and safety in some ways, the company does not display an OSHA poster or otherwise affirmatively inform employees about their OSH Act rights or reporting procedures for occupational illnesses or injuries.
    Steelworks maintains three years’ worth of records in its Log of Work-Related Injuries and Illnesses. While current or former employees are not permitted to inspect the Log for privacy reasons and no summaries are posted, the Log is available for inspection by authorized federal representatives.
    Steelworks’ health and safety incentive program includes the following incentives:
    "employee of the month" recognition, which includes a gift certificate for dinner at a local restaurant for the hourly employee who offers the most useful suggestion to eliminate or moderate a significant workplace hazard;
    a jacket with the Steelworks logo for hourly employees who serve on the company’s safety and health committee;
    a $50 bonus for hourly employees who successfully complete the company’s annual safety and health training session; and
    a monthly 2% bonus for each supervisor whose department reports no injuries.
    In light of the Lesson 8 reading and some research in connection with Pennsylvania law, analyze the fact pattern using the IRAC (issue, rule, analysis, conclusion) formula:
    Identify the narrow legal issue(s) identified in the fact pattern.
    Identify the rule or test used to analyze such issues. If you cite a case, please provide a complete case citation.
    State whether that rule or test is based on federal or Pennsylvania state law.
    Explain how that rule/test analyzes these issues, including each aspect of the new incentive program.
    Identify and explain the basis for the conclusion that you anticipate a court would reach based on the law and the facts presented
  • 
    Question Set 2
  • Each state has laws governing the rights of workers who suffer occupational injuries or illnesses and the estates of those who have been killed on the job. Please research and write an essay about your state’s laws. You can quote some text from the laws, but please write most of the submission in your own words. Your essay should include the following information:
    Does your state have a workers’ compensation law? If so, include its name and URL.
    Which employers are subject to that law, and which (if any) are exempted?
    Must employers obtain workers’ compensation insurance, or can they self-insure or otherwise opt out, and under what circumstances?
    What remedies are available under the workers’ compensation law for temporary illness or injury; permanent disability; loss of limb, sight, or hearing; and death?
    Does the workers’ compensation law create an exclusive remedy for workplace illnesses, injuries, and deaths, and if not, to what extent can a lawsuit be brought against employers?
    If your state does not have a workers’ compensation law, describe the law in your state that governs remedies for illness, injuries, and deaths related to employment.
    Describe what you found most surprising or interesting about your state’s law.
    Please provide complete citations to the laws that you describe so your instructor can access them, too.
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