BOS 3525, Legal Aspects of
Safety and Health
Course Syllabus
Course Description
A comprehensive study of the Occupational Safety and Health (OSH) Act and the authority of the Occupational Safety
and Health Administration (OSHA). Review of employer’s legal responsibilities and proactive measures to ensure
compliance with OSHA’s General Duty Clause.
COURSE OVERVIEW
Beginning with an overview of the OSH Act, the course describes the factors that created the framework for this regulatory
landscape and mandate. This is complemented with a discussion of rulemaking processes that incorporates both general
administrative law concepts as well as those features unique to the OSHA. The course addresses universal compliance
issues involving OSHA standards, the general duty clause, and OSHA’s seemingly ever-present recordkeeping and
reporting requirements.
To be well understood, OSHA needs to be viewed within the broader context of employment law. Units discuss employers’
and employees’ rights, including thorough discussions of issues relating to refusal-to-work and whistle-blowing, aptly
provide this framework.
Chemical and physical hazards are prevalent in today’s industrial and business society. Communication surrounding
these hazards and the consequential aspects of employee right-to-know issues are both broadly applicable and the
source of many citations and violations. It is for this reason that the course has a significant concentration on the Hazard
Communication Standard. From there the course transitions from compliance to enforcement by reviewing OSHA’s audit
policy and OSHA inspections. The course then explores various enforcement scenarios that focus on contesting OSHA
violations and penalties, criminal prosecutions, and civil litigation.
Finally, the course examines imminent dangers and special criteria governing these situations and concludes by
recognizing the importance of individual states in this regulatory setting of shared jurisdiction.
Course Textbook
Bailey, M. A., Conn, E. J., Davis, F. D., Doran, W. K., Duggin, K. A., Flood, J. B., . . . Siepman, K. B. (2008).
Occupational safety and health law handbook (2nd ed.). Landham, MD: Government Institutes.
Course Learning Outcomes
Upon completion of this course, students should be able to:
1. Practice work-related functions that are within the legal framework for assuring safe and healthful workplaces
in the U.S.
2. Describe and participate in the rulemaking, enforcement, and adjudication in the occupational health and safety
regulatory system.
3. Illustrate the relationship of the Occupational Safety and Health Act with other Employment Laws.
4. Discuss the duty to comply, the general duty clause, and employee and employer rights associated with each.
5. Recognize specific employee rights associated with refusal to work and whistleblower protection.
6. Describe the need for self-audits and inspections and discuss the ramifications of each.
7. Identify how an employer can contest a citation and a penalty associated with an OSHA finding.
8. Discuss the enforcement of criminal violations and the judicial review process of said violations.
9. Appraise and explain the need for imminent danger inspections.
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Credits
Upon completion of this course, the students will earn three (3) hours of college credit.
Course Structure
1. Unit Learning Outcomes: Each unit contains learning outcomes that specify the measurable skills and knowledge
students should gain upon completion of the unit.
2. Unit Lesson: Each unit contains a Unit Lesson, which discusses unit material.
3. Reading Assignments: Each unit contains Reading Assignments from one or more chapters from the textbook.
Assigned readings are not limited to textbook chapters, but may include supplemental books, professional journals,
and internet sites.
4. Key Terms: Key terms are intended to guide students in their course of study. Students should pay particular
attention to key terms as they represent important concepts within the unit material and reading.
5. Unit Assessments: This course contains six unit assessments, one to be completed at the end of Units I-III and
V-VII. Grading rubrics are included with the Unit II and VII Assessments. Specific information about accessing
these rubrics is provided below.
6. Assignments: Students are required to submit for grading Unit Assignments in Units IV, and VIII. Specific
information and instructions regarding these assignments are provided below. A grading rubric is included with the
assignment in Unit IV. Specific information about accessing this rubric is provided below.
7. Ask the Professor: This communication forum provides you with an opportunity to ask your professor general or
course content related questions.
8. Student Break Room: This communication forum allows for casual conversation with your classmates.
CSU Online Library
There is a virtual library with resources, including both journals and ebooks, to support your program and your course at
Columbia Southern University. eResources are accessible 24 hours a day/7 days a week from the CSU Online Library
gateway page. To access the library, log into myCSU, and then click on CSU Online Library. Resources are organized in
the library by title, but if you click on Research Guides, you will find eResources arranged by subject.
The Library Reference service is available 7 days a week; you can reach CSU’s virtual librarians by e-mailing
thevirtuallibrarian@columbiasouthern.edu. These professional librarians will be glad to help you develop your research
plan or to assist you in any way in finding relevant, appropriate, and timely information.
Librarian responses may occur within minutes or hours, but it will never take more than 24 hours for a librarian to send a
response to the e-mail address you have provided. Replies to reference requests may include customized keyword
search strategies, links to videos, research guides, screen captures, attachments, a phone call, live screen sharing, and
meeting room appointments, as well as other forms of instruction.
Assignments
Unit IV Article Critique
The Article Critique assignment for this course should include the following components:
a brief introduction of the article,
a statement on the legal aspects of the OS&H topic,
an analysis of the key points in the article, and
a summary of the article’s conclusions and your own opinions.
The article you select to critique should come from the journals and articles that are available in our CSU Online Library
databases. The EBSCO Database (Business Source Complete) is the best source of journals for safety-related articles.
Students can access the CSU Online Library resources using the "My Library" button located in the course menu.
The completed assignment should be a minimum of 2 pages to a maximum of 4 pages, and should be double-spaced.
The critique should also be written following APA style guidelines. Therefore, the APA rules for formatting, quoting,
paraphrasing, citing, and listing of sources are to be followed. For information on APA formatting, you are encouraged to
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use the resources created by CSU’s Success Center. Use the “Student Resources” button located in the course menu to
locate information regarding the Success Center.
To submit your completed Article Critique upload it using the "View/Complete" link located in Unit IV. Do not e-mail your
paper directly to your professor. By uploading your assignment, your university record will automatically be updated to
indicate you have submitted your paper and it will be provided to your professor for grading.
Unit VIII Case Study Scenarios
SCENARIO # 1: An Unannounced Inspection
The Situation: An OSHA inspector arrives at your worksite requesting to talk with you about an inspection based on the
health and safety complaints of a worker. You are in your office and the OSHA inspector is at the reception office. You
know this worker to be a highly disgruntled individual who is constantly questioning all aspects of his job and the work
environment. The area he works in is currently undergoing a major renovation for a process change for the product in the
line, but it is still trying to produce the older version of the product at a lower volume than before. Your area supervisor is a
competent individual, but he or she is working under a lot of stress with the changeover; therefore, you are only 80% sure
that the claims listed in the complaint are groundless and without merit. The worker is also heavily involved in an effort to
unionize the plant employees. In addition, your plant manager is in another state at corporate headquarters for some
important meetings.
The Questions: How would you act, what actions should you take, and what would you do? Should you challenge the
validity of the OSHA inspector’s request or their right to enter the workplace? Or should you request a warrant to enter the
workplace and thereby gain some time to make sure everything is in order back in the plant? Can you gain any time to
check with your in-area safety supervisor first? Or should you immediately comply with the request for the inspection?
Explain your answers.
SCENARIO # 2: Serious Near-Miss Crane Incident
The Situation: You are the EH&S professional at your company’s shipyard. You have just received a call from a
production supervisor that there has been a very serious near miss accident out in the assembly area. Your company is
manufacturing the second Littoral Combat Ship (LCS) for the US Navy. This new generation high speed, trimaran design
warship has been designed to carry out a wide range of tactical, combat, and support operations in the near-shore
(littoral) environment. The project is over budget and has received a considerable amount of criticism for it. Successful
completion of the project at this phase will be a prime determinant in whether or not your company can secure the very
lucrative follow-up contracts for more LCSs. Everyone in the shipyard feels the pressure to complete this project ASAP.
Apparently a very large 20-ton overhead crane had some cables snap and has partially collapsed while trying to hoist a
large section of the vessel into place for its final welding operation. When you arrive on scene, you see the section
wedged overhead between some support beams and walkways. About a dozen hourly workers are scattered about as
they leaped to safety after hearing the cables snap. There are many bumps, bruises and scratches on the workers, but
they all are able to be treated internally at your nurse’s office. In this initial assessment, there appears to be no need for or
request on the part of the employees to go to any outside medical consultant or hospital emergency room.
Almost immediately, you can hear the men complaining that the first attempt to lift the unit did not work, and the
production engineer has decided to “jury rig” some extra cables to lift the unit into place. In addition, one individual said
that they were trying to hoist about 28-30 tons, and that was just too much for the old crane. Another offered that the
cables themselves had not been changed out in a couple of years, and that was against OSHA regulations. Everyone said
that they could hear the unit groan and screech before the cables snapped and the crane partially collapsed.
Before you walk off with the supervisors to inspect the damage, one of the workers offers the opinion that this is an
“imminent danger” situation. About 30 minutes later, you are meeting with the engineers and supervisors on one of the
overhead platforms continuing your inspection of the damage when a supervisor comes up and tells you that he has
heard that an hourly employee has just called OSHA and told them of the situation and that they used the term “imminent
danger” in their conversation.
The Questions: What are your most important concerns? What should you do next? What information is the most critical
for you to have right away? What directions would you give to the supervisors and engineers? When should you inform
your facility manager, and what should you tell him/her? Should you meet with the hourly employees? What will you
discuss with them? How will you handle the OSHA inspector should one show up in the next few hours?
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Instructions: For Scenario #1 AND #2, you are required to discuss a sequential Action Plan on your part that addresses
all of the issues presented. Each scenario response must be at least 300 words in length. Your combined case study
response must be at least three pages in length, not including the title and reference page. Your case study must be in
APA format, including all references and in text citations.
APA Guidelines
CSU requires that students use APA style for papers and projects. Therefore, the APA rules for formatting, quoting,
paraphrasing, citing, and listing of sources are to be followed. Students can find CSU’s Citation Guide in the myCSU
Student Portal by clicking on the “Citation Resources” link in the “Learning Resources” area of the myCSU Student Portal.
This document includes examples and sample papers and provides information on how to contact the CSU Success
Center.
Blackboard Grading Rubrics
Unit Assessment Rubrics
One or more “written response” questions in this course utilize a Blackboard Grading Rubric. A rubric is a tool that lists
evaluation criteria and can help you organize your efforts to meet the requirements of the written response question. Your
professor will use the Blackboard Grading Rubric to assign points and provide feedback.
You are encouraged to view the rubric before submitting your response. This will allow you to review the evaluation
criteria as you prepare your response. You may access the rubric by clicking on the “View Rubric” icon next to the written
response question within the assessment. Upon receiving your assessment grade, you may view your grade breakdown
and feedback in the rubric within the assessment.
Assignment Rubrics
One or more assignments in this course utilizes a Blackboard Grading Rubric. A rubric is a tool that lists evaluation criteria
and can help you organize your efforts to meet the requirements of an assignment. Your professor will use the Blackboard
Grading Rubric to assign points and provide feedback for the assignment.
You are encouraged to view the assignment rubric before submitting your work. This will allow you to review the
evaluation criteria as you prepare your assignments. You may access the rubric in “My Grades” through the “Tools” button
in your course menu. Click the “View Rubric” link to see the evaluation criteria for the assignment. Upon receiving your
assignment grade, you may view your grade breakdown and feedback in the rubric.
CSU Grading Rubric for Papers/Projects
The Learning Resource area of the myCSU Student Portal provides the rubrics, and information on how to use them, for
Discussion Boards, written response questions in Unit Assessments, and Research Papers/Projects.
The course writing assignments will be graded based on the CSU Grading Rubric for all types of writing assignments,
unless otherwise specified within assignment instructions. In addition, all papers will be submitted for electronic evaluation
to rule out plagiarism. Course projects will contain project specific grading criteria defined in the project directions.
To view the rubrics, click the Academic Policies link on the Course Menu, or access it through the CSU Grading Rubric
link found in the Learning Resources area of the myCSU Student Portal.
Communication Forums
These are non-graded discussion forums that allow you to communicate with your professor and other students.
Participation in these discussion forums is encouraged, but not required. You can access these forums with the buttons in
the Course Menu. Instructions for subscribing/unsubscribing to these forums are provided below.
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Once you have completed Unit VIII, you MUST unsubscribe from the forum; otherwise, you will continue to
receive e-mail updates from the forum. You will not be able to unsubscribe after your course end date.
Click here for instructions on how to subscribe/unsubscribe and post to the Communication Forums.
Ask the Professor
This communication forum provides you with an opportunity to ask your professor general or course content questions.
Questions may focus on Blackboard locations of online course components, textbook or course content elaboration,
additional guidance on assessment requirements, or general advice from other students.
Questions that are specific in nature, such as inquiries regarding assessment/assignment grades or personal
accommodation requests, are NOT to be posted on this forum. If you have questions, comments, or concerns of a nonpublic nature, please feel free to email your professor. Responses to your post will be addressed or emailed by the
professor within 48 hours.
Before posting, please ensure that you have read all relevant course documentation, including the syllabus,
assessment/assignment instructions, faculty feedback, and other important information.
Student Break Room
This communication forum allows for casual conversation with your classmates. Communication on this forum should
always maintain a standard of appropriateness and respect for your fellow classmates. This forum should NOT be used to
share assessment answers.
Grading
Unit Assessments (6 @ 10%)
Unit IV Article Critique
Case Study Scenarios (2 in Unit VIII)
Total
= 60%
= 20%
= 20%
= 100%
Course Schedule/Checklist (PLEASE PRINT)
The following pages contain a printable Course Schedule to assist you through this course. By following this schedule,
you will be assured that you will complete the course within the time allotted.
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BOS 3525, Legal Aspects of Safety and Health
Course Schedule
By following this schedule, you will be assured that you will complete the course within the time allotted. Please keep
this schedule for reference as you progress through your course.
Unit I
OSHA and Rulemaking Process
Review:
Read:
Submit:
Notes/Goals:
Unit Study Guide
Chapter 1: Occupational Safety and Health Act
Chapter 2: OSHA: The Rulemaking Process
Assessment
Unit II
The Duty to Comply, General Duty Clause, and Recordkeeping
Review:
Read:
Submit:
Notes/Goals:
Unit III
Review:
Read:
Submit:
Unit Study Guide
Chapter 3: The Duty to Comply with Standards
Chapter 4: The General Duty Clause
Chapter 5: Recordkeeping
Suggested Reading: See Study Guide
Assessment
Employers’ and Employees’ Rights, Refusal to Work and Whistleblower Protection, and
Hazard Communication
Unit Study Guide
Chapter 6: Employers’ and Employees’ Rights
Chapter 7: Refusal to Work and Whistleblower Protection
Chapter 8: Hazard Communication
Assessment
Notes/Goals:
BOS 3525, Legal Aspects of Safety and Health
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BOS 3525, Legal Aspects of Safety and Health
Unit IV
Article Critique
Review:
Unit Study Guide
Read:
Course Schedule
None
Submit:
Article Critique
Notes/Goals:
Unit V
Voluntary Safety and Health Self-Audits and Inspections and Investigations
Review:
Read:
Submit:
Notes/Goals:
Unit Study Guide
Chapter 9: Voluntary Safety and Health Self-Audits
Chapter 10: Inspections and Investigations
Assessment
Unit VI
Understanding and Contesting Citations, Enforcement, and Judicial Review
Review:
Read:
Submit:
Notes/Goals:
Unit Study Guide
Chapter 11: Understanding and Contesting OSHA Citations
Chapter 12: Criminal Enforcement of Violations
Chapter 13: Judicial Review of Enforcement Actions
Assessment
Unit VII
Imminent Danger Inspections and OSHA-Approved State Plans
Review:
Read:
Submit:
Notes/Goals:
Unit Study Guide
Chapter 14: Imminent Danger Inspections
Chapter 15: OSHA-Approved State Plans
Assessment
BOS 3525, Legal Aspects of Safety and Health
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BOS 3525, Legal Aspects of Safety and Health
Unit VIII
Case Study Scenarios
Review:
Unit Study Guide
Read:
None
Submit:
Course Schedule
Case Study Scenarios
Notes/Goals:
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