Winston John H.

Bactong

1. To what cause(s) can the improvements in workplace safety made to date be attributed?
Improvements in safety up to now have been the result of pressure for legislation to
promote safety and health, the steadily increasing costs associated with accidents and
injuries, and the professionalization of safety as an occupation

2. Explain the primary reasons behind the passage of OSHA

Generally, the state legislated safety requirements only in specific industries, had
inadequate safety and health standards, and had inadequate budgets for enforcement. The
injury and death toll due to industrial mishaps was still too high. In the late 1960s, more
than 14,000 employees were killed annually in connection with their jobs. Work injury
rates were taking an upward swing.

3. Define the following terms:

Fellow Servant Rule:
is a common law doctrine that barred or reduced the amount of money an injured
employee could recover against an employer if an injury was caused solely by the
negligence of a fellow worker.

Contributory Negligence:
failure of an injured plaintiff to act prudently, considered to be a contributory factor in the
injury suffered, and sometimes reducing the amount recovered from the defendant.

Assumption of risk:
is a defense in the law of torts, which bars or reduces a plaintiff's right to recovery against a
negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly
assumed the risks at issue inherent to the dangerous activity in which he was participating at the
time of his or her injury.
What is usually meant by assumption of risk is more precisely termed primary or "express"
assumption of risk. It occurs when the plaintiff has either expressly or implicitly relieved the
defendant of the duty to mitigate or relieve the risk causing the injury from which the cause of
action arises. It operates as a complete bar to liability on the theory that upon assumption of the
risk, there is no longer a duty of care running from the defendant to the plaintiff; without a duty
owed by the defendant, there can be no negligence on his part.[1] However, primary assumption
of risk is not a blanket exemption from liability for the operators of a dangerous activity.
The specific risk causing the injury must have been known to, and appreciated by, the plaintiff in
order for primary assumption of risk to apply. Also, assumption of risk does not absolve a
defendant of liability for reckless conduct.
This defense is commonly asserted in cases of injuries occurring during risky recreational
activities, such as skiing, paragliding, and scuba diving, but actually extends to all dangerous
activities. Thus, for example, it was held that a visitor to the Burning Man festival assumed the
risk of getting burned
4. Explain the three Es of safety
Evaluation

Evaluation is critical to creating a safe workplace and requires ongoing activity. Many
organizations consider job hazard analysis as the only evaluation. What are executives,
middle managers, and functional level employees doing to create a zero-injury
environment? Are employees involved in the safety process? Can safety education and
training at all levels be improved?

Education

Education should increase a person's understanding of a subject, yet many organizations

repeat the same safety training year after year and expect improved outcomes. It's not
uncommon to find companies using the same script for training that has been used year
after year. The effectiveness of this training has long been lost.

Enforcement

Enforcement is a subject that many leaders don't like to talk about. It's a matter that many
associate with penalties, termination, and other uncomfortable consequences. Any
organization or team that does not enforce expected behaviors is bound to fail due to the
chaos created by those who decide not to follow the expectations.