Final answer:
Sally’s employer could be considered responsible for her injury under the General Duty Clause of the OSH Act, which holds employers accountable for keeping their workplaces free of serious recognized hazards. The lack of a specific OSHA standard for this incident does not exempt the employer from the responsibility to maintain safe working conditions and correct hazards.
Step-by-step explanation:
Whether Sally’s employer is responsible for her injury despite the lack of a specific OSHA standard addressing the incident can be understood through the provisions of the General Duty Clause of the OSH Act. This clause mandates employers to maintain a workplace free from serious recognized hazards. It is cited in cases where no specific standard applies. Employers are required to find and correct safety and health problems, preferably by altering working conditions to mitigate risks.
In Sally’s case, if the collision with the cart could have been prevented through feasible workplace modifications or the implementation of safety procedures, then her employer could potentially bear responsibility for the incident. Employers also have the obligation to train employees on hazards, use labeling systems for chemical hazards, and provide personal protective equipment at no charge.
Furthermore, as per OSHA regulations, if there is a serious hazard or the employer is not complying with OSHA standards, workers or their representatives have the right to file a complaint leading to an OSHA inspection. In the event of an accident such as Sally's, appropriate reporting to OSHA would be necessary, especially if hospitalization is involved. Lastly, even though the ergonomics standard which might have addressed incidences like that of Sally and Larry was repealed, employers still need to adhere to rigorous safety protocols to prevent workplace injuries.