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2 pages/≈550 words
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APA
Subject:
Management
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Essay
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English (U.S.)
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Defense against Violation. BOS3525 Assignment 6. Management Essay

Essay Instructions:

Instructions:
You fail to reach an informal settlement agreement with the area director. You file a Notice to Contest within the required 15-day period. Your case is assigned to an administrative law judge (ALJ). Prepare a document summarizing the case you will submit to the ALJ. The document should, at a minimum, discuss the following issues:
which citations and penalties you would contest,
the reasoning behind each contested citation and/or penalty,
documents you would bring to the hearing,
individuals you would use at the hearing,
how the case before the ALJ differs from the informal conference,
what information will be presented before the ALJ that was not presented in the informal conference, and
what information you would request from OSHA as part of discovery.
You must support your actions with reliable sources.
Your grade will be based on your ability to present a case to your professor, serving as the ALJ, to reduce or vacate either the severity of some citations or the amount of some penalties.
If you simply state that you accept the citations and penalties as written, you will receive a minimal score on the assignment.
Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited in the text and on the reference page, using APA style.

Essay Sample Content Preview:

Defense against Violation
Author Name
Institutional Affiliation
Citation 1A; welders are exposed to a high level of lead, which is beyond the allowable level.
Penalty: $7000
Defense
Different welding activities have been designed to facilitate the independent contractor, so Acme Widget Factory is not liable (Schreiber, 2013). The contractor has received the full amount and is responsible for welding; the firm has nothing to do with what the contractor does on a daily basis. He has set his own working hours and has brought his own equipment and tools. He is not in contact with other H&M welders, and we can prove that those welders are currently working on another project.
Documents to be presented as Evidence
* One copy of the contract between the H&M welder and Acme Widget Factory is needed along with a proof that H&M’s other welders have nothing to do with this independent contractor.
* An invoice is needed that shows that an amount of $25000 has been transferred to the H&M welders in order to avail of their welding services (Schreiber, 2013). These services are meant to be provided for 21 days. This will definitely aid in my defense that H&M has provided us with an independent welder who is liable for all types of damages. Nether Acme Widget Factory nor H&M other welders have anything to do with his work.
Witnesses
* The foreman of the project is the first witness. He is tasked to testify that the tools and equipment belong to H&M’s welder and not to Acme Widget Factory. The foreman is responsibl...
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