Description
Case Assignment
View the Introduction to OSHA and the Resource Conservation Recovery Act (RCRA) Training videos before working on this Case Assignment. For this two-part assignment, please submit a 5- to 6-page paper covering the objectives.
Part 1: This Case Assignment explores the OSH Act, including its inception and current state. Please answer the following questions and provide support from the literature:
- What were the two most important factors leading to passage of the OSH Act? Explain why and justify your choice.
- What were the positions of labor and industry about the need for federal legislation?
- Describe three major issues that were debated during passage of the Act.
- Explain compromises that were reached to assure the legislation would pass.
- Why are so many of OSHA’s rules out of date?
Part 2: This Case Assignment investigates RCRA.
- Under RCRA, what are defined as the generators of hazardous wastes?
- Congress is reluctant to meddle in the internal production decisions of private companies. Therefore RCRA does not require minimization of hazardous wastes. Should there be enforceable limits for the generation of hazardous wastes, just as there are limits on the industrial discharge of water pollutants under other rules such as the Clean Water Act? Explain the rationale for your answer and illustrate with support from the literature.
Required Reading
Carruth, R. S., & Goldstein, B. D. (2013). Chapter 7: Resource Conservation and Recovery Act (RCRA). In Environmental health law: An introduction (pp. 157-178). Somerset, NJ, USA: Jossey-Bass, Wiley. Retrieved from Ebrary via Trident’s Online Library.
Carruth, R. S., & Goldstein, B. D. (2013). Chapter 9: Emergency Planning and Community Right-to-know Act (EPCRA). In Environmental health law: An introduction (pp. 203-224). Somerset, NJ, USA: Jossey-Bass, Wiley. Retrieved from Ebrary via Trident’s Online Library.
Carruth, R. S., & Goldstein, B. D. (2013). Chapter 10: Occupational Safety and Health Act (OSH Act). In Environmental health law: An introduction (pp. 203–224). Somerset, NJ, USA: Jossey-Bass, Wiley. Retrieved from Ebrary via Trident’s Online Library.
Carruth, R. S., & Goldstein, B. D. (2013). Chapter 11: Toxic Substances Control Act (TSCA). In Environmental health law: An introduction (pp. 225–240). Somerset, NJ, USA: Jossey-Bass, Wiley. Retrieved from Ebrary via Trident’s Online Library.
Casmere, E., More, J. R., Showalter, J. M., Antoniolli, A., Joshi, B., Loring, D. M., . . . Simpson, A. M. (2015). Recent developments in toxic torts and environmental law. Tort Trial & Insurance Practice Law Journal, 50(2), 639-666. Retrieved from the Trident Online Library.
Gonzalez, G. (2016). OSHA targets emergency responders. Business Insurance, 50(6), 1-n/a. Retrieved from the Trident Online Library.
Hazardous waste export-import revisions. (2015). (). Lanham: Federal Information & News Dispatch, Inc. Retrieved from the Trident Online Library.
How OSHA uses injury reports to select inspection targets (2015). . Havertown: Institute of Business Publications. Retrieved from the Trident Online Library.
Information collection request submitted to OMB for review and approval; comment request; requirements for generators, transporters, and waste management facilities under the RCRA hazardous waste manifest system (renewal). (2015). (). Lanham: Federal Information & News Dispatch, Inc. Retrieved from the Trident Online Library
Maddux, J. (2016). OSHA standards: Why do they take so long? Professional Safety, 61(5), 43-45. Retrieved from the Trident Online Library
Moure-Eraso R. (2014, January 28). The next accident awaits. The New York Times. Retrieved from http://www.nytimes.com/2014/01/29/opinion/the-next...
OSHA. (2014). OSHA at a glance. Retrieved from https://www.osha.gov/Publications/3439at-a-glance....
What's ahead on OSHA's regulatory agenda. (2015). Safety Compliance Letter, (2575), 1-4,6,13-14. Retrieved from the Trident Online Library
Websites
Occupational Safety & Health Administration
U.S. Environmental Protection Agency: https://www3.epa.gov/
Resource Conservation and Recovery Act (RCRA) Laws and Regulations: https://www.epa.gov/rcra
Explanation & Answer
Here we go!
Running head: OSHA AND RCRA ACTS
OSHA and RCRA Acts
Author Name
Institution
OSHA AND RCRA ACTS
2
PART 1: OSH ACT
1. What were the two most important factors leading to passage of the OSH Act?
Explain why and justify your choice.
The first important factor leading to the passage of OSH act was the new system of
mass production. This system allowed and encouraged the use of machinery. However, the
nature of machinery led to numerous deaths. The companies did not address the risk issues
brought about by the new machineries. In addition, the statutory regime did not engage in
anything or introduce regulations to protect the workplace health and safety. In addition to
the new machinery, mine explosions and collapses led to the death of many workers due to
the risky conditions they were put in. The mine workers were exposed to risky situations in
which they were obliged to work in or get fired. This led to numerous incidences of deaths
and injuries that led to a public outcry for regulations to be introduced.
Another important factor leading t the passage of the OSH Act is industries’ state after
the war ended. During the war, priority was given to winning the war and thus safety
measures were not deliberated. After the war, the rate of industry related deaths continued
going high with more than 14, 000 workers dying annually and two million getting harmed.
These occurred due to workplace hazards most of which could have been avoided. In
addition, the chemical revolution led to the introduction of a wide range of chemical
compounds in the manufacturing setting (Carruth & Goldstein, 2013). Workers did not
understand the health effects of these chemical compounds well and were poorly protected
against them. This led to extensive and high level exposure that affected most workers. The
industry related deaths and chemical revolution led labor leaders and unions to press federal
authority to consider the workplace conditions and introduce standards to protect the workers.
OSHA AND RCRA ACTS
These two occurrences happened two years before the OSHA Act was enacted, and are
therefore the key factors leading to the Act’s ...
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