Author Topic: Work Safety  (Read 988 times)

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Offline Lokyar Brightmane

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Work Safety
« on: March 24, 2012, 09:18:51 PM »
I wish to ask your opinion. I am writing a conclusion about workplace safety, and would like to know what you think so far.

"Although workers compensation law must provide a balance, it should never
form a loophole for those employers who want to price out risks that are going to
cause injury. A "true intent" interpretation of the exclusivity exception will give you
such a loophole. This is because when an employer has immunity for culpability up
to pure intent, any risk that was taken for a legitimate business purpose will never
qualify for an exception. However, courts using a relaxed view of intent are going to
prevent such pricing out of workplace injuries. Only a relaxed standard will let you
bring a tort claim for a substantially certain risk of injury - effectively tearing down
the financial incentive by increasing cost. Thus the proper standard is never going
to be true intent when the goal is increasing workplace safety. But, it is critical to
remember that workers compensation represents a quid-pro-quo and we can't run
the risk of upsetting the balance. Using an intent standard somewhere around
"substantial certainty" would continue to provide immunity for safe employers and
only increase the liability exposure for those employers whose actions would desert
the standard of "accident under tort. Therefore, when defining exclusivity, if you..."

What do you think?  XD
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Offline Rasui

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Re: Work Safety
« Reply #1 on: March 24, 2012, 10:24:31 PM »
Hmm.. sounds all pretty much good, My only consern is that even with ppl some one will fine away to take advantage of this.
Now i'm not the useually best at these type of things. So i will go with what i know.
At my work we do safty training and that there on a yearily basics and its manitory to do.
Now if an acciedent happens at work. It goes to show that it is works fualt. But the job i'm wish does not really do that.
They require reports and detail documents along with investigation to see. if it was true an accident, or someone trying to play the system.
Now if at first every thing looks ok. Work sets up a specail report and training program for that pictualar inccident.
Now if this happens again for the second time then they take a more close up look and a deeper investigation.
And if conclusion turns out that you are trying to pull they system. Then they tell you that you are let go and to pack your things.

Now this is only my work i knkow of that is willing to go this far as they are really big on saftey. You hear the word like 4 - 5 times a day.
And again i'm not known to put my comments in here. but this is it i guess XD.
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