Facility Fails to Provide OSHA Hazard Communication Provisions - Essay Sample

Chapter 1 Situation 1

OSHA regulations specify the need to ensure that a facility follows SDS standards. They include hazards identification, first aid measures, fire-fighting measures, handling and storage, physical and chemical properties, and should also provide information regarding exposure controls and personal protection. The facility did not offer any of the mentioned hazard communication provisions as outlined by OSHA (Barth & Hayes, 2006). Thus, the facility failed to provide appropriate safety gear for Mr Magana. Because the chemical was highly toxic, Mr LaColle was supposed to find better protective equipment for an individual to handle the chemical. The facility should also have provided precautions to be taken before using the chemical to Mr Magana (Barth & Hayes, 2006). The failure to offer prudent plans as well as protective gear justifies the fact that the facility did not fulfil the obligation to provide a safe working environment for Mr Magana.

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To avoid Osha violation, Mr LaColle could have provided relevant precautions as outlined by the chemical company to mister Magana before starting to use the chemical for the cleanup practice. Secondly, he should have drafted all appropriate precautionary steps to take and printed them or mounted them on the walls as a measure to prevent improper practices like adding water to the chemical and aspects that resulted in grave danger for Mr Magana. It could also be ethical for the facility to provide protective gear (Barth & Hayes, 2006). Additionally, Mr LaColle could have read the precautions to Mr Magana rather than assuming that he knew what he was supposed to do. Mr Magana is a Spanish speaker. Thus, there is the probability that he could not understand the information written on the directions for use concerning the chemical reactions as well as precautionary steps to be taken before using the chemical. It was the role of Mr LaColle, to translate the preventive measures for the benefit of Mr Magana, who is a Spanish speaker. Lastly, Mr LaColle could ask Mr Magana to find gloves before starting the cleanup.

Chapter 2 Analysis of The Situation

The couple can be probably be suffering from food poisoning due to improper handling of food in the local produce market. Due lack of proper information about handling food and deceptive advertising of food in the local produce farms could have resulted in food poisoning; hence the man's stomach health is supposed to be dealt with proper measures to control food poisoning (Barth & Hayes, 2006).

The first mission is to take the guest room to a medical practitioner to identify the cause of food poisoning and offer appropriate medications to alleviate the situation. After controlling the situation and enabling the man to attain better health, the management should go ahead and provide information with regards to preventing falsehood and misleading information as well as deceptive advertising concerning food in the produce markets. The facility should also offer travel advisories as a measure to prevent any recurrence of such scenarios according to the stipulations of the federal trade commission (Barth & Hayes, 2006). The management should also consult the centre for disease control and prevention concerning information on how to inform guests on a piece of region-by-region basis information regarding better health practices and safety measures during their visit in host countries.

My position will be on the safe side if the management had provided travel advisory for the couple and if a consultation was given about obtaining food from local produce markets. If not, the regulatory interaction, as well as oversight impacting tourism, will find reasonable information associated with US government agencies to pay the victims for the health problem they incurred while under the management of my organization or hotel (Barth & Hayes, 2006). If the administration had offered additional regulatory oversight that involves advising on obtaining foods from local produce markets and if the victim ignored the advice, then my position will be on the better side. There will be no reasons beyond a reasonable doubt to compensate the victim.

Chapter 3 Analysis of Situation

The fair price can be calculated by analyzing the value of licensure, the initial cost, and the capital used to start the business as well as to come up with the procedure of operation. The size of the franchise to be structured out in the region chosen by the other individual can also be used to determine a fair price.

In a franchise business, the actual owner of particular hospitality has the mandate to provide regulations on how to operate the facility due to the relationship that he has for the franchise rights. A franchise only involves the right to use the name procedures established and the trademark stipulated by the franchisor for the sale of a particular service or product to a specific geographic area (Barth & Hayes, 2006). An agreement to grant another the right to use a brand name or business procedures is also associated with the right to exercise duty charges plus a percentage of gross revenue. Therefore, in the future, I will be able to acquire some percentage profit of franchise sales.

The ethical issues in this scenario include ensuring that the franchise works within the hospitality contracts and the arrangements of the parent business. The procedures of operating the business should not "violate the primary procedure as well as the production of goods and services" concerning the stipulated recipes (Barth & Hayes, 2006, p. 52).

Chapter 4: Analysis of the Situation

The Smoking Bones BBQ restaurant serves an excellent spinach salad as an accompaniment to its famous chicken and rib dishes. Michelle Brennan, the restaurant's manager, purchases all of her produce, including fresh spinach used in the salads, from a local vendor. Unfortunately, one of Ms Brennan's guests becomes ill after eating at her restaurant. The source of the illness is traced directly to the fresh spinach used in the restaurant's salads (Barth & Hayes, 2006). In fact, upon further investigation, it is determined that the spinach, when delivered to the restaurant's produce vendor, was already infected with E. coli bacteria that matched a strain identified in cattle manure used to fertilize the spinach field.

The local farmer is the primary producer of the spinach. In this case scenario, the seller is the smoking bones BBQ. The smoking bones BBQ restaurant is supposed to ensure that the products sold to its customers are certified with the appropriate food and drug act practices, as well as CDC measures, should be followed in the preparation of salads. Since the production of spinach involves the primary producer and the buyer, the sale of raw products to customers requires proper inspection of the safety of the fresh products with regards to the relevance of ensuring that the health of the buyer is safeguarded. In that manner, UCC emphasizes that the buyer should inspect the products or the goods before considering them to be safe for consumption.

The individuals preparing fruit salads using RAW spinach should be held responsible. They did not ensure that the spinach used to produce row salad is screened, and he wants to be free from pathogens before being given to customers; it is the primary role of a food vendor as outlined by the FDA.

The Specific Steps that Ms Brennan Can Take to Help Prevent the Incidents From Re-Occurring in the Restaurant

The primary way of preventing the recurrence of such incidents is screening the products before acquiring them from the primary producer (Barth & Hayes, 2006). Secondly, the process of preparing food should follow all steps outlined by the FDA and CDC.

Chapter 5 Analysis of the Situation

The presence of the signs at the gym signals the guest to be extremely cautious when engaging in physical fitness exercise for their benefit. However, most courts do not accept exculpatory clauses. Thus, the placement of the treadmill can be found to be too close to the mill; hence it subjects the guests to grave danger. According to the exculpatory clause, the hospitality manager is exempted from blame in certain situations, as stipulated by the explanatory close written as a sign on the door before entering the gym (Barth & Hayes, 2006). However, failure to protect the guests by using safety glass windows can make the case to be in favour of the guest.

As the hotel manager, I can try to convince the guest that I will offer support by clearing her medical bills to solve the matter amicably. As the manager, I will not be liable for any damages in terms of money to be paid to the guest because the sign on the entrance outlined that guests are supposed to be taking care of themselves. They are liable for any injuries that they might incur during workouts.

A lawsuit could have been prevented by having an amicable conclusion on how to solve the situation, and the manager could have opted to help in offsetting the bills and medical care for the guest (Barth & Hayes, 2006, p. 80).

Chapter 6: Analysis of the Situation

Buying the pants without knowing the source of the distributor can make an individual face lawsuit due to a violation of federal law by knowingly possessing stolen goods. Define linked to "violation of the federal law by knowingly possessing stolen goods is close to $5000" and can also make an individual be "a part of interstate commerce" (Barth & Hayes, 2006, p. 100). In that manner, I would not purchase the pans for the sake of legally managing the property.

The legal issue at play in this scenario is the fact that buying the goods without knowing the source or whether the seller is handling stolen goods can make an individual to be subjected to lawsuits due to a violation of the federal law associated with knowingly possessing stolen goods. As aforementioned, the definition associated with such illegality is close to $5000 and subjecting an individual to interstate commerce. It is not ethical to sell stolen goods to customers since it might also submit them to illegality concerning federal law on handling stolen goods.

Wayne will not get to keep his pans since the sellers might as well disclose the locations that they have distributed the pants and make Wayne subject to being part of interstate commerce and paying a fine of over $5000 (Barth & Hayes, 2006). Wayne will not escape the consequence of handling stolen goods.

Chapter 7: Analysis of Situation

The requirement to be attractive to males is a subjective appeal since the current aspects of LGBTQ can justify the concept of perceived gender. Besides, attorneys are supposed to review employment forms to enable hospitality facilities to hire according to the HR's most valued and protective practices for the benefit of the vulnerable population. For that reason, it is not a bona fide occupational requirement.

The decision to champion for better outcomes and profits in a business is solemnly granted to the business owner. However, hiring female servants only is merely promoting gender stereotypes and openly denying male counterparts an opportunity to get job attachments in the hospitality industry. According to equal employment opportunity commission abbreviated as EEOC, employing female servants suggest that the employer is violating the elements stipulated by the commission concerning promoting equal opportunity for all (Barth & Hayes, 2006). The aspect will result in making males be a minority in the business; hence the hospitality will be subjected to questions concerning equal employment opportunities according to the stipulations by EEOC.

The male applicant will be compensated concerning negligent hiring, an aspect that is mostly exp...