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Noland Tools Reasonable Precautions

Noland Tools takes all reasonable precautions to guard against known hazards in one of its facilities; however, many of the precautions are frequently circumvented by employees, who find the precautions cumbersome. Employee Teal is injured when he circumvents these precautions. Noland Tools is:
Answer

A.liable for the harm, under the ruling in Horne Plumbing and Heating v. OSHRC.

B.liable for the harm, because the legislative history of the OSHA indicates that it is intended to make employers insurers of employee safety, even in spite of employee disregard for safety precautions.

C.not liable for the harm, under Horne Plumbing and Heating v. OSHRC.

D.not liable for the harm, by operation of the special duty rule.

Solution Preview

C.not liable for the harm, under Horne Plumbing and Heating v. OSHRC.

The employer could claim that all reasonable precautions were taken, as stated. As long as ...

Solution Summary

This solution provides the correct answer with explanation and reference to the employee injury question presented.

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