The OSH Act, including its inception and current state.

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:

  1. What were the two most important factors leading to passage of the OSH Act? Explain why and justify your choice.
  2. What were the positions of labor and industry about the need for federal legislation?
  3. Describe three major issues that were debated during passage of the Act.
  4. Explain compromises that were reached to assure the legislation would pass.
  5. Why are so many of OSHA’s rules out of date?

Part 2: This Case Assignment investigates RCRA.

  1. Under RCRA, what are defined as the generators of hazardous wastes?
  2. 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

https://www.osha.gov/

U.S. Environmental Protection Agency: https://www3.epa.gov/

Resource Conservation and Recovery Act (RCRA) Laws and Regulations: https://www.epa.gov/rcra

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