State the legal issue of the case. IRAC. Reaction Paper
ISSUE
State the legal issue of the case.
RULE
State the rule that the court applies to the legal issue.
ANALYSIS
Discuss in detail how the court approached the case and how it came to its ruling. This should include a summary of the facts of the underlying dispute, an explanation of how case came to the court or regulatory agency, and a summary of any case law that the court included in the opinion.
CONCLUSION/APPLICATION
State a brief conclusion of the case. Discuss your opinion on whether the court came to the correct conclusion. Discuss how this case should be utilized in employment planning and policies to minimize employer liability.
In the case of Secretary of Labor V. Earth Developers, INC., the OSHA inspected Earth developers, Inc worksite in Valley City, North Dakota on October 6, 2016. As a result of the inspection, OSHA issued a citation and notification of penalty to respondent alleging three severe violations of the act with a total proposed penalty of $5,976.00. Based on my opinion of everything that I read about the case with USPS as well, I honestly think this was fair because of what was fair. References: https://www(dot)oshrc(dot)gov/assets/1/18/17-1120_Earth_Developers_Inc.pdf?7382
Name
Institution
IRAC
In the given case scenario of Secretary of Labor V. Earth Developers, INC, the OSHA inspected Earth Developers, inc worksite in Valley City, North Dakota on October 6, 2016. This inspection resulted in OSHA issuing a notification and citation of penalty to respondent alleging three counts of violations of the OSHA act. They proposed a $ 5,976.00. The complaint however proceeded to argue that the citation after inspection did not reach with the stipulated time and hence the dismissal of the case. This paper is going to go through the said case giving a personal opinion in which based on OSHA act understanding this decision was fair.
The issue was non-compliance of Safety and Health Act where individuals ended up being injured. October 6, 2016, Joshua Lynn the Compliance Safety and Health Officer did an audit of the respondent Valley city worksite at North Dokta. On March 15, 2017, the OSHA department developed a citation assigned to Kari Thorsteinson the then Area director but the respondent never got the citation till June 8 of 2017. Approximately eight months later after the conducted inspection. Reviews to USPS provides evidence that the claimed mailing of March 15, 2017, may not have occurred as there is no transaction history showing OSHA deposit. The second citation is delivered eight months later which is beyond the time limit as stated by the Act.
The Act is specific on the issuance of the citation and it states that no citation should be delivered after the expiration, in this case, gives six months as the expir...
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