Description based upon print version of record. 6.5 Morissette v. United States OCLC-licensed vendor bibliographic record.
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Cover; Half Title; Title Page; Copyright Page; Dedication; Contents; Introduction; Author; Chapter 1 The Employment Relationship; 1.1 Introduction -- Origins of Employment Law; 1.2 History of Employment Law; 1.3 Statutory Employment Regulation; 1.4 Public v. Private Employment; 1.5 Agency Law; 1.6 Mill Street Church of Christ v. Hogan (785 S.W.2d 263 Ky. (1990)); 1.6.1 Facts; 1.6.2 Analysis; 1.6.3 Holding; 1.7 Independent Contractor v. Employee Status; 1.8 Non-exempt v. Exempt Employment; Chapter 2 Multi-employer Worksite Regulations 2.1 Introduction -- The Impetus of Multi-employer Worksite Regulations2.2 The Controlling Employer; 2.3 The Correcting Employer; 2.4 The Exposing Employer; 2.5 The Creating Employer; 2.6 Martinez Melgoza & Associates, Inc. v. Department of Labor & Industries; 2.6.1 Facts; 2.6.2 Issue; 2.6.3 Analysis; 2.6.4 Holding; 2.6.5 Author's Comments on the Case; Chapter 3 Contract Law; 3.1 Introduction -- Contract Formation; 3.2 Offer and Acceptance; 3.3 Carlill v. Carbolic Smoke Ball Co. (1 Q.B. 256 Court of Appeal (1892)); 3.3.1 Facts; 3.3.2 Analysis; 3.3.3 Holding; 3.3.4 Author's Comments on the Case 3.4 Consideration3.5 Pre-existing Legal Duty and Internal Agreements; 3.6 Managing Safety in Construction and Labor Contracts; 3.7 Flowing Down Safety Requirements; 3.8 Prescott Housing Group, Inc. v. Do-Right Asbestos Corporation; 3.8.1 Facts and Analysis; Chapter 4 Tort Law; 4.1 Introduction to Torts; 4.2 Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995); 4.2.1 Facts; 4.2.2 Rule; 4.2.3 Analysis; 4.2.4 Holding; 4.2.5 Author's Comments on the Case; 4.3 Violence in the Workplace; 4.4 Negligence -- Duty and Breach; 4.4.1 Duty; 4.4.2 Breach; 4.5 Negligence -- Causation 4.6 Sine Qua Non Causation4.7 Summers v. Tice (33 Cal.2d 80); 4.7.1 Facts; 4.7.2 Issue; 4.7.3 Holding; 4.7.4 Author's Comments on the Case; 4.8 Proximate Cause; 4.9 Intervening and Super Intervening Events; 4.10 Damages; 4.11 Strict Liability Torts; 4.12 In Re: San Francisco Zoo; 4.12.1 Facts; 4.12.2 Author's Comments on the Case; 4.13 Toxic Torts; 4.14 Gunnell v. Metrocolor Laboratories, Inc; 4.14.1 Facts; 4.14.2 Issue; 4.14.3 Analysis; 4.14.4 Holding; 4.14.5 Author's Comments on the Case; Chapter 5 Administrative Law; 5.1 Introduction -- Civil Procedure of Litigation 5.2 The Administrative Law Process5.3 Separation of Powers and the Intelligible Principle; 5.4 The Federal OSHA Adjudication System; 5.5 Secretary of Labor v. Missouri Basin Well Service, Inc. (OSHRC, March 1, 2018); 5.5.1 Facts; 5.5.2 Discussion; 5.5.3 Hazard Element; 5.5.4 Hazard Recognition; 5.5.5 Feasibility of Abatement; 5.5.6 Decision; 5.5.7 Author's Comments on the Case; Chapter 6 Criminal Law; 6.1 Introduction to Criminal Law; 6.2 Actus Reus; 6.3 United States v. Robinson; 6.3.1 Facts; 6.3.2 Issue; 6.3.3 Analysis & Holding; 6.3.4 Author's Comments on the Case; 6.4 Mens Rea This book explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers. A description is presented of the various legal concepts and processes that often arise in the IH/S practice, including tort, contract, and administrative law. The goal is to provide IH/S managers with sufficient knowledge to be able to incorporate legal risk analysis into everyday decision-making and policy development. This book will explore the legal issues that arise in IH/S practice and will be helpful to new IH/S managers as they progress in their careers.