Bilbo has chronic asthma and wants to work as a custodian in a sewing factory wh

Question

Bilbo has chronic asthma and wants to work as a custodian in a sewing factory where there is a great deal of dust in the air. Bilbo acknowledges that the dust will aggravate his asthma but says he really wants the job.

He states that he will not endanger anyone else; that the decision of whether to risk his own health is up to him; and that, by the way, perhaps the owner can clean up the place. The owner of the sewing factory refuses to hire Bilbo.

Does Bilbo have any cause of action against the owner?

Both the federal and state governments are involved workers' safety. Explain in detail the various laws, regulations, agencies and organizations involved in ensuring workers are safe while working. Be sure to cite specific sources discussed from your textbook and research.

Explanation / Answer

Yes, Bilbo can utilise two sections in the OSHA act for his benefit against the employer. Firstly, OSHA is the Occupational Safety and Health Administration Act which was passed by the Congress in 1970. This Act assures safety and healthy working conditions for employees.

Coming back to Bilbo, he could use section 5 of the Act which contains a clause - the general duty clause which says that the employer should keep the working conditions such that the employees are safe. Bilbo could get the employer clean up the place under this section which would make working conditions cleaner and safer for him and the other employees.

Bilbo could simultaneously protect himself by using the section 11(c) of the Act which does not let the employer discriminate, counterattack or dismiss the employee from his duties for using the Act.

The 3 agencies of Departments of Labour (DOL) for safety and healthy working conditions in America are

1.Mine Safety and Health Administration

2. The Fair Labour Standards Act

3. OSHA (Occupational Safety and Health Administration)

Additionally, there are two more offices which work for the same,

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