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2 pages/≈550 words
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APA
Subject:
Law
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Essay
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English (U.S.)
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Topic:

The General Duty Clause Review Of Courts Opinion

Essay Instructions:

Unit VII Case Study
Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 554–558, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge Kavanaugh. Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources. What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act. How does OSHA enforce workplace safety and health standards? Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position. Your case study should be written in APA style and must be a minimum of two pages, not including the title and reference pages. You must us a minimum of three sources, one of which may be your textbook. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.
Also with the references I need Author name, Book/source and retrieved from
This case is found in Employment Law For Humane Resource Practice, David J. Walsh 5th Edition

Essay Sample Content Preview:

Unit V Case Study
Your Name
Subject and Section
Professor’s Name
August
Ensuring safety in the workplace is one of the foremost responsibilities that the State imposes upon employers. This is in line with the recognition of the fact that, while accidents happen, the employer has the responsibility to protect the life, liberty, and safety of its employees within its work territory (OSHA.Gov, n.d.). Accordingly, the case of SeaWorld of Florida LLC v. Perez shows a novel issue that tried to determine whether the petitioner was at fault for the death of one of its trainers (Dawn Brancheau) in light of the State’s imposition of the General Duty Clause of the Occupational Safety and Health Act. Accordingly, the author of this article believes that while recognition of work-related hazards could be difficult, employers must always err on the side of caution on the first sign of dangers for its employees.
The General Duty Clause
           As stated, the main issue at the case at hand was whether or not the petitioner was guilty of violating the General Duty Clause (Walsh, 2003). In order to determine this, jurisprudence has shown that there are four requisites that needed to be established, to wit; (1) an activity or condition in the employer's workplace presented a hazard to an employee, (2) either the employer or the industry recognized the condition or activity as a hazard, (3) the hazard was likely to or actually caused death or serious physical harm, and (4) a feasible means to eliminate or materially reduce the hazard existed (Newman, 2014). While the evidentiary hearing showed that the events that transpired on February 24, 2010, has violated the first and third elements of the violation, what was being questioned was whether there is a violation of the third and fourth requisites.
           In the subsequent series of events, the plaintiff was able to establish the evidence for the second and fourth violations by looking at the external circumstances in the field and the management of the park itself. On...
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