Southeastern Oklahoma State University

SOUTHEASTERN OKLAHOMA STATE UNIVERSITY

SAFETY 4173 –LEGAL LIABILITY IN OCCUPATIONAL SAFETY AND HEALTH

I. GENERAL INFORMATION:

A. Professor: Dr. Nick Nichols

B. Office: OSH – 233

C. Phone: 1-580-745-2326

D. Email: [email protected]

E. Office Hours: As Posted on Office Door

F. Course Pre-requisites: SFTY 1313 – INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH

G. Text: Legal Liabilities in Safety and Loss Prevention: A Practical Guide Thomas D. Schneid, Second Edition Publishers: Jones & Bartlett ISBN-10: 0763779849 ISBN-13: 978-0763779849

H. Students with Disabilities:

Any student needing special accommodations due to a disability should contact the Coordinator of Student Disability Services, GDJ Student Union, Suite 204 or call (580) 745-2254 (TDD# 745-2704). It is the responsibility of each student to make an official request for accommodations to the Coordinator.

II. COURSE OVERVIEW:

This course is designed to provide students with information related to numerous legal liability cases/issues concerning Occupational Safety and Health (and its related fields). The course will primarily focus on actual cases in Federal, State, and Civil District Courts; as well as their relationship to current Occupational Safety and Health issues. A general examination of the functioning of the United States Judicial System will also be presented.

III. COURSE GOAL AND OBJECTIVES:

COURSE GOAL

Upon successful course completion, students should be able to understand and apply basic legal concepts that are integral to the field of occupational safety and health. COURSE OBJECTIVES

Upon successful course completion, students should be able to demonstrate knowledge of:

1. The identification of technical terms in the various disciplines of Occupational Safety

& Health. 2. The identification of procedures that Safety Professionals can utilize when a lawsuit occurs. 3. The identification of the concept of precedent, as applied to legal cases in the field of Occupational Safety and Health. 4. The identification and description of various Federal and State Court case reviews (as applied to Occupational Safety and Health). 5. The description of the functions of legal representation (as applied to Occupational Safety and Health Professionals). 6. The identification and description of civil and criminal liability (as applied to Occupational Safety and Health). 7. The identification and description of selected OSHA Standards and Enforcement of said Standards. 8. The description of various selected civil court trial procedures. 9. The identification and description of the functions of workers’ compensation hearings and administrative law judges at said hearings.

IV. COURSE REQUIREMENTS:

1. Reading assignments (prior to classroom discussion) as selected by the Professor. 2. Participating in classroom discussion. 3. Conduct yourself according to proper college classroom behavior (see section 7).

4. ATTENDANCE IS REQUIRED.

5. Excellent performance on exam opportunities. 6. Excellent performance on a classroom Mock Hearing Exercise.

V. EVALUATION:

1. Examinations.

Students will be responsible for material presented from the textbook, class lectures, assignments, and guest speakers (if any). Students will have three (3) exams during the semester, each worth 100 points. Each exam will normally cover four chapters. For example, Exam 1 – Chapters 1-4, Exam 2 – Chapters 5-9; Exam 3 – Chapters 10-15; etc. Make-up exams are allowed in cases of illness (with a validated doctor’s note or funeral information—see “Making up Activity Points” below for more information and examples) and funerals. THERE WILL BE NO EXCEPTIONS TO THIS RULE. RESULTS FOR BOTH EXAMS WILL NOT BE REVEALED TO STUDENTS UNTIL EACH STUDENT ENROLLED IN THE COURSE HAS TAKEN THE EXAM. As a rule, EXAMINATION QUESTIONS AND RESULTS WILL NOT BE DISCUSSED DURING CLASS. The Professor will review the answers to exams at his discretion, and only on a class-wide basis. Any student who wishes to discuss a particular test question(s) with the Professor must do so on an individual basis, by appointment only. Questions regarding a particular exam may only be discussed with the Professor for ONE WEEK FOLLOWING THE EXAM IN QUESTION. The Professor will not discuss individual exams or questions regarding exams following this period. THERE WILL BE NO EXCEPTIONS TO THESE RULES.

2. Mock Workers’ Compensation Hearings.

Each student will be required to participate in class-staged Mock Workers’ Compensation Hearings. Each student’s participation will count as 100 Total Points of their overall grade (i.e., their participation in this exercise will be weighed the same amount as one test for the course normally weighs in each student’s final class average score). Students will be assigned to act as attorneys for either employees or employers on the first day that class meets (i.e., in each case one student will act as an attorney representing the employee, and the other student will act as an attorney representing the employer). THE SELECTION PROCESS FOR THESE ROLES WILL BE RANDOMIZED, AND ALL PROFESSOR ASSIGNMENTS OF STUDENT ROLES ARE FINAL AND NON-NEGOTIABLE. ABSOLOUTELY NO EXCEPTIONS. Students will have until the date(s) indicated in the accompanying class schedule to prepare their respective cases for presentation and judgment in front of the class. Dr. Nick will act as the presiding Administrative Law Judge during these hearings. The grading system for each student’s specific role will be explained at the time that the roles for each student are assigned. Dr. Nick reserves the right (at any time) to alter any portion of the Mock Workers’ Compensation Hearings process he deems necessary, in order to facilitate a more effective classroom presentation of the exercise.

3. Grading.

ALL STUDENTS ARE HIGHLY ENCOURAGED TO COMMUNICATE WITH DR. NICK DIRECTLY REGARDING ANY PROBLEMS THAT THEY HAVE WITH THE COURSE.

Points will be averaged (into each students’ final grade point average for the course) utilizing the following SOSU grading system:

90-100= A 80-89 = B 70-79 = C 60-69 = D < 59 = F

There will be no “curving” of grades or “dropping” of tests regarding students’ final course grades. EACH STUDENT EARNS THE GRADE THAT THEY ACHIEVE ON THEIR OWN RECOGNIZANCE. Up to 600 points may be attainable each semester. This total may change at any time during the semester, at the sole discretion of the Professor. Activity Points

**ACTIVITY POINTS MAY BE WORTH UP TO ONE-HALF (1/2) OF EACH STUDENT’S OVERALL COURSE GRADE. THUS, IT IS CRITICAL THAT EACH STUDENT ACCUMULATE AS MANY AS POSSIBLE.**

Up to 280 ACTIVITY POINTS will be made available for students at various times during the semester. These points will be made available through numerous activities completed in class. Points attained will be averaged into each student’s final point total at the end of the semester. The number of activity points that a student may receive are based upon (1) whether or not the student participates in each activity that is presented; and (2) the number of activities offered each semester. The number of activities offered per semester will at the sole discretion of the Professor.

“Making-up” Activity Points

IF ANY ACTIVITIES ARE MISSED BY A STUDENT WHO WISHES TO PARTICIPATE IN THEM, THESE ACTIVITIES MAY ONLY BE “MADE-UP” IF THE STUDENT’S ABSENCE IS EXCUSED. Whether or not the absence is excused will be determined at the sole discretion of the Professor (in conjunction with Southeastern Oklahoma State University Attendance Guidelines and Policies). Examples of valid, written excuses include doctor’s notes with validated phone numbers, validated funeral programs, and other written excuses ACCEPTED AT THE SOLE DISCRETION OF THE PROFESSOR. THERE WILL BE NO EXCEPTIONS TO THESE RULES.

4. ATTENDANCE.

ATTENDANCE IS EXPECTED AND WILL BE A FACTOR IN DETERMINING THE STUDENT’S FINAL GRADE.

IT PAYS TO BE ON TIME!!

EACH STUDENT WILL RECEIVE 1 POINT FOR EACH DAY THEY ATTEND CLASS.

A SIGNATURE SHEET WILL BE AVAILABLE DURING EACH CLASS MEETING, AND WILL BE PICKED UP AT DR. NICK’S DISCRETION.

IF A STUDENT DOES NOT SIGN THIS SIGNATURE SHEET DURING A PARTICULAR CLASS MEETING, THE STUDENT WILL NOT RECEIVE ATTENDANCE CREDIT FOR THAT PARTICULAR CLASS MEETING.

THERE WILL BE NO EXCEPTIONS TO THIS RULE.

The total number of attendance points available will be calculated by the Professor at the end of each semester. This number will then be averaged into each student’s final point total for the semester. A maximum number of 10 attendance points will be available each semester. 5. Course Withdrawal.

The student is responsible for knowing University policy concerning the withdrawal process and dates. Until such time as the Professor is presented with official withdrawal notification, the student will be enrolled and accountable for all class activity.

6. ACADEMIC HONESTY.

All students begin this course with an “A” average. It is the student’s responsibility to maintain this average.

ANY STUDENT CAUGHT CHEATING IN ANY MANNER ON ANY ASSIGNMENT OR THE EXAMS WILL RECEIVE ONE OF THE FOLLOWING PENALTIES, BOTH OF WHICH ARE APPLIED AT THE SOLE DISCRETION OF THE PROFESSOR:

(1) A ZERO (0) SCORE FOR THAT EXAM OR ASSIGNMENT.

(2) POSSIBLE EXPULSION FROM CLASS.

THERE WILL BE NO EXCEPTIONS TO THESE RULES.

7. CLASSROOM CONDUCT

IF A STUDENT MUST LEAVE A CLASSROOM SESSION EARLY, IT IS THAT STUDENT’S RESPONSIBILITY TO NOTIFY THE PROFESSOR PRIOR TO THEIR DEPARTURE.

Students who leave class early without notifying the Professor will lose attendance credit for that ENTIRE WEEK in question. NO EXCEPTIONS.

**MOBILE DEVICES & OTHER ELECTRONICS USE**

NO STUDENTS ARE ALLOWED TO USE CELL PHONES OR ANY OTHER MOBILE DEVICES FOR TEXTING, PHOTOGAPHY, RECORDING, CALCULATIONS OR COMMUNICATIONS OF ANY TYPE DURING CLASS TIME. NO EXCEPTIONS.

IF A STUDENT IS CAUGHT BY THE PROFESSOR USING A MOBILE DEVICE OF ANY TYPE DURING CLASS TIME, THAT STUDENT MAY BE ASKED TO LEAVE THE CLASS—PERHAPS INDEFINETLY.

STUDENTS ARE ALLOWED TO USE CELL PHONES ONLY IN THE EVENT OF AN EMERGENCY, AND OUTSIDE OF THE CLASSROOM.

**ALL STUDENT MOBILE DEVICES MUST BE SET TO “SILENT” OR “VIBRATE” PRIOR TO THE BEGINNING OF CLASS. STUDENTS WHO FAIL TO TAKE THIS ACTION WILL BE ASKED TO LEAVE THE CLASS— PERHAPS INDIFINETLY—IF THEIR MOBILE DEVICE MAKES ANY SOUND DURING CLASS TIME.** NO STUDENTS ARE ALLOWED TO LISTEN TO ANY TYPE OF MUSICAL DEVICE DURING CLASS TIME (IPODs, MP3 PLAYERS, ETC). IF A STUDENT IS CAUGHT BY THE PROFESSOR LISTENING TO A MUSICAL DEVICE DURING CLASS TIME, THAT STUDENT MAY BE ASKED TO LEAVE—PERHAPS INDEFINETLY. NO EXCEPTIONS. CONSIDER THESE YOUR ONLY WARNINGS REGARDING THESE ISSUES.

DISRUPTIVE STUDENT BEHAVIOR

Students who create disruptive behavior during class (excessive talking, etc.) will be dealt with according to the SOSU policies regarding punitive actions for students.

ATTENDING CLASS IS A PRIVILEGE; PLEASE DO NOT ABUSE THIS PRIVALEGE. IT IS COMPLETELY WITHIN THE PROFESSOR’S POWER TO PERFORM AN ADMINISTRATIVE DROP OF PROBLEM STUDENTS FROM A CLASS.

Your Professor utilizes a “3 strikes and you are out” regarding attendance, exams and assignments. On a student’s third offense, appropriate disciplinary action will be taken. This policy APPLIES TO “MAKE-UP” EXAMS, AND ASSIGNMENTS; EXCUSED OR UNEXCUSED. For example, if a student reschedules a test three times with the Professor, and misses each appointment, the student AUTOMATICALLY FORFEITS THAT TEST GRADE. NO EXCEPTIONS.

GENERAL CLASS LECTURE NOTE-TAKING SUGGESTIONS:

It is HIGHLY RECOMMENDED that each student HIGHLIGHT OR UNDERLINE THE COURSE LECTURE NOTES IN YOUR TEXTBOOK. These notes will be what your tests will be based upon. Additionally, some notes that will be provided in the course ARE NOT DIRECTLY FROM THE TEXT; thus writing these notes will be ESSENTIAL for

successful completion of certain course sections. THERFORE, IT IS ADVISABLE THAT YOU BRING A PEN AND PAPER TO CLASS TO RECORD CERTAIN CLASS NOTES.

IF YOU DO NOT PURCHASE A TEXTBOOK FOR THIS COURSE, IT WILL BE YOUR RESPONSIBILITY TO KEEP UP WITH THE PACE OF IN-CLASS LECTURE MATERIALS. DR. NICK WILL NOT GO SO FAST THAT THE CLASS CAN NOT KEEP UP WITH LECTURE NOTES, HOWEVER, DR. NICK WILL NOT SLOW THE PACE OF THE LECTURE IN ORDER TO

ACCOMMODATE STUDENTS WHO DO NOT HAVE A TEXTBOOK FOR THE COURSE.

FINAL NOTES ON STUDENT PREPARATION:

A LACK OF PREPARATION ON YOUR PART DOES NOT CONSTITUTE AN “EMERGENCY” ON MY PART. DO NOT APPROACH DR. NICK (IN ANY WAY, SHAPE, OR FORM) DURING FINAL(S) WEEK, ATTEMPTING TO TURN IN ANY MATERIALS THAT WERE

PREVIOUSLY ASSIGNED DURING THE COURSE. THIS IS EQUIVALENT TO ASKING FOR “SPECIAL TREATMENT” WHICH IS EXTREMELY UNFAIR AND INSULTING TO BOTH THE OTHER STUDENTS IN THE CLASS AND YOUR PROFESSOR. REQUESTS OF THIS TYPE WILL BE DENIED AUTOMATICALLY. CONSIDER THIS FAIR WARNING REGARDING THIS ISSUE.

FINAL NOTES ABOUT DR. NICK:

1) IT IS DR. NICK’S FIRM BELIEF THAT THERE IS NO SUCH THING AS A STUPID QUESTION. HOWEVER, DO NOT ATTEMPT TO PLAY “STUMP THE PROFESSOR.” ATTEMPTS OF THIS TYPE WILL BE DEALT WITH ACCORDINGLY.

2) REGARDING GENERAL COURSE FUNCTION, DR. NICK WILL TREAT ALL STUDENTS AS I WOULD WISH TO BE TREATED, AND WILL EXPECT THE SAME TYPE OF TREATMENT IN RETURN. DR. NICK DOES NOT HAVE A “GOD COMPLEX.” THE COURSE PROCEEDS IN THE DIRECTION(S) DICTATED BY LOGIC, AND THE MATERIAL/DATA BEING STUDIED.

3) DR. NICK WISHES TO PROMOTE AN ATMOSPHERE OF LEARNING BASED ON IS KNOWN IN EDUCATION AS THE SOCRATIC DIALOGUE. SOCRATES WAS AN ANCIENT GREEK PHILOSOPHER FAMOUS FOR THIS METHOD OF INQUIRY. THE SOCRATIC DIALOGUE MAY BE SUMMARIZED IN THE FOLLOWING FOUR INDISPENSABLE FEATURES:

SOURCE:

Saran, R., & Neisser, B. (2004). Enquiring minds: Socratic dialogue in education. Stoke on Trent, UK, Trentham Books 1. “Starting with the concrete and remaining in contact with concrete experience: insight is gained only when the link between any statement made and personal experience is explicit. 2. Full understanding between participants: this involves much more than verbal agreement. Everyone has to be clear about the meaning of what has just been said by testing it

against her or his own concrete experience. 3. Adherence to a subsidiary question until it is answered: in order to achieve this, the group is required to bring great commitment to their work, and to gain self-confidence in the power of reason. 4. Striving for consensus: this requires an honest examination of the thoughts of others and being honest in one’s own statements.” IN OTHER WORDS, WE ARE ALL HERE TO LEARN, DR. NICK INCLUDED. IT IS THIS TYPE OF ATMOSPHERE IN WHICH CLASS WILL TAKE PLACE.

Socrates

8. *ATTENTION: SOSU STUDENT ATHLETES*

If you are required to miss a particular date where course materials, exams, or assignments were made available to students, EMAIL OR MEET WITH DR. NICK FOLLOWING THE GAME/EVENT DATE IN QUESTION. ARRANGEMENTS WILL BE MADE AT THAT TIME FOR YOU TO SUBSEQUENTLY “MAKE-UP”ANY REQUIRED MATERIALS (IN CONJUNCTION WITH THE REQUIREMENTS LISTED IN THIS SYLLABUS, AND THE COACH(ES) FOR THE ATHLETIC TEAM IN QUESTION.

**IT WILL BE EACH ATHLETE’S INDIVIDUAL RESPONSIBILITY TO CONFER WITH THE PROFESSOR, AND “MAKE-UP” ANY MISSED ASSIGNMENTS, ACTIVITIES, EXAMS OR COURSE MATERIALS.**

THIS OPPORTUNITY TO “MAKE-UP” MISSED ASSIGNMENTS, EXAMS OR ACTIVITIES WILL ONLY BE MADE AVAILABLE TO THOSE ATHLETES WHO CAN PRESENT PROPER DOCUMENTATION TO THE PROFESSOR THAT A GAME/ EVENT ACTUALLY TOOK PLACE (IN THE FORM OF A COACH’S NOTE, TEAM SCHEDULE, ETC.). ABSOLUTELY NO EXCEPTIONS TO THIS RULE WILL BE MADE.

DR. NICK RESERVES THE RIGHT TO ALTER ANY OF THE POLICIES OR REQUIREMENTS LISTED IN THIS SYLLABUS AT ANY TIME, IN ORDER TO FACILITATE A MORE EFFECTIVE DELIVERY OF THE SUBJECT MATTER.

VI. TOPICAL OUTLINE:

This outline may be changed at any time at the discretion of the Professor.

CH 1 –OSHA: Overview & History CH 2 –OSHA: Enforcement CH 3 –OSHA: Requirements CH 4 –Employer’s Rights CH 5 –Managing an Effective Safety and Loss Prevention Program CH 6 –State Use of Criminal Sanctions for Workplace Injuries & Fatalities CH 7 –OSHA Standards & Requirements CH 9 –Americans With Disabilities Act (A.D.A.) CH 10 –Worker’s Compensation CH 11 –Protecting Your Organization or Company CH 12 –Personal Liability