Defense against Violation. BOS3525 Assignment 6. Management Essay (Essay Sample)
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.
Defense against Violation
Citation 1A; welders are exposed to a high level of lead, which is beyond the allowable level.
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.
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