1. The court meant by its statement that negligent hiring and negligent retention “rely on liability on the part of an individual or a business that has been on the basis of negligence or other factors resulting in harm or damage to another individual or their property” (Luthra, 2011) and not on “an obligation that arises from the relationship of one party with another” (Luthra, 2011). The court meant that “negligent hiring and negligent retention do not rely on the scope of employment but address risks created by exposing members of the public to a potentially dangerous individual” (McAdams, 2007, pg. 457).
2. The court rejected the negligent…show more content… 2. What info must the employee give? “Employees or their representatives must provide enough information for OSHA to determine that a hazard probably exists. Workers do not have to know whether a specific OSHA standard has been violated in order to file a complaint” (OSHA, 2011).
The following are examples of the type of information that would be useful to OSHA when receiving a complaint:
-How many employees work at the site and how many are exposed to the hazard.
-How and when workers are exposed, what work is performed in the unsafe or unhealthful area.
-What type of equipment is used, Is it in good condition What materials and/or chemicals are used.
-Have employees been informed or trained regarding hazardous conditions,
-What process and/or operation is involved, what kinds of work are done nearby,
-How often and for how long do employees work at the task that leads to their exposure?
-How long (to your knowledge) has the condition existed?
-Have any attempts been made to correct the problem, on what shifts does the hazard exist?
-Has anyone been injured or made ill because of this problem.
-Have there been any "near-miss" incidents?
3. How does OSHA respond? “OSHA evaluates each complaint to determine how it can be handled best--an off-site investigation or an on-site inspection. Before beginning an inspection, OSHA staff must be able to determine from the complaint that there are reasonable grounds to believe that a
