-The ship WAS in compliance with regulations!
1890s British Maritime Safety Law
One life boat per 715 tons
Maximum tonnage addressed: 10,000 (14 life boats)
-Regulations never updated as ships got heavier
Titanic "in compliance" (exceeded by 3%) with 17 life boats
Titanic weighed in excess of 45,000 tons (needed 64 life boats)
Regulations are considered the "minimum"
Compliance with the "minimum" is no excuse for intelligent engineering
We must often exceed the "minimum" to ensure optimum protection of people, property and the environment
No one gets cited or fined for being more safe than No one gets cited or fined for being more safe than the minimum required by law. Think about it! the minimum required by law. Think about it!
Holds VETO power
Can also remove Director
Decides case law
The Courts cannot initiate any action until a lawsuit has been filed
Create Agency (by Act)
Occupational Safety & Health Administration (OSHA)
National Institute for Occupational Safety & Health (NIOSH)
Occupational Safety & Health Review Commission (OSHRC)
OSHA is the OSHA is the only only entity created under the entity created under the OSHAct OSHAct given the power of the LAW! given the power of the LAW!
Issued daily by Federal Agencies (such as OSHA, EPA)
The "First-Look" at a new regulation
Title 29 ("Labor"), Part 1910 ("General Industry")
Expressed as 29 CFR 1910 (for Safety - General Industry)
Required Actions in a Given Situation Required Actions in a Given Situation Chart (available in full paper).
OSHA has the initial burden to prove:
The standard applies to the cited employer;
The standard's requirements were not met;
Employees were exposed to hazards as a result, and
The employer knew or, with the practice of reasonable diligence, should have known of the existence of the noncompliance condition(s)