Labor Relations

a . Was OSHA Justified in their Case against Mcwane

Policy changes announced by the Bush administration gave the federal Occupational Safety and Health Administration (OSHA ) more power to crack down on companies that persistently flout workplace safety rules . In the new policies , OSHA officials were directed to conduct more follow-up inspections of companies that commit safety violations of 'the highest severity (David B and Lowell . B , 2003a . The new program strengthens five specific areas : Follow-up inspections , programmed inspection public awareness , settlements and federal court enforcement

As OSHA leads in advancing the

cause of safety and health , the Agency is channeling its efforts toward the goal of improving the triple bottom line : reducing injuries , illnesses and deaths on the job . Strong , fair and effective enforcement , using mechanisms such as Site Specific Targeting (SST ) and the Enhanced Enforcement Program (EEP , is a key component in achieving this goal (OSHA , 2004

Upon the above mandate , OSHA was justified in its case against McWane Inc , an Alabama-based pipe manufacturer . McWane has the worst workplace safety records in America currently it has been fined 196 ,000 for new violations at its largest plant , Tyler Pipe foundry . OSHA , which had cited McWane 's plants for more than 400 safety violations since 1995 found 13 serious violations , four repeat violations and one minor infraction when it returned to Tyler Pipe for a new inspection in October . Some of the most serious violations were discovered weeks into the inspection , when a worker was crushed by a truck and both legs had to be amputated According to OSHA 's own investigation s , McWane workers have been maimed , burned and killed year after year by the same patterns of safety and health failures . Yet regulators in far-flung offices never joined forces , either to recognize or end these patterns . Their disjointed responses allowed McWane 's conduct to go largely unchecked

Rightly so , the New York Times series of examination of McWane Inc , a major manufacturer of cast-iron sewer and water pipes suggested that they had one of the worst workplace safety records in the United States The series reported that McWane , a company in Birmingham , Ala , that employs some 5 ,000 workers in a dozen American plants , had been cited for more than 400 safety violations since 1995 , far more than all of its major competitors combined . During that time , records showed McWane employees suffered at least 4 ,600 injuries . Nine workers were killed three of them because of McWane 's deliberate violations of federal safety standards . These mandated OSHA to their case against McWane

b . Was McWanes response appropriate ? What would have been done differently given your knowledge of OSHA and other laws that influence HRM practices

Robert Rester a former worker at several McWane plants claims that in his 24 years with the company working conditions were probably the worst that one can imagine , even worse than underground in a coal mine . But still McWane denies such allegations about its safety record . They boldly told PBS on FRONTLINE...