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Management allows employees to decorate their offices and provides tools for this. Standing on a step ladder, an employee causes a tall bookcase to fall over on himself. The employee suffers several fractures. Which aspect of this situation represents the most likely liability for the employer from an OSHA perspective?

The employer did not fully consider the risk of the decorating activity.
The employer had feasible means available to eliminate or reduce the possibility of injury.
The employer allowed the workplace activity during work hours.
The employer provided the tools and supplies.

User Jinx
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Final answer:

The employer's most likely liability from an OSHA perspective is that they had feasible means to eliminate or reduce the risk of injury, but did not fully address the risks of the decorating activity.

Step-by-step explanation:

The aspect of this situation that represents the most likely liability for the employer from an OSHA perspective is that the employer had feasible means available to eliminate or reduce the possibility of injury. According to OSHA's health and safety standards, employers must actively work to remove or mitigate hazards by making changes in the working conditions rather than depending solely on personal protective equipment. It appears that the employer did not fully assess and address the risks associated with the decorating activity, such as the potential for falling objects or the stability of the furniture involved.

Management's responsibility includes informing employees about potential workplace hazards, providing adequate safety training, and correcting known safety and health problems. It's also the employer's duty to ensure the safety of workers who are using ladders or engaging in activities that could result in falls, which could involve providing safety harnesses, guardrails, or other preventive measures in addition to any necessary training on proper ladder use and bookcase stability.

By law, under the General Duty Clause of the OSH Act, employers are required to keep their workplaces free of serious recognized hazards. The incident described could indicate that the employer may not have complied with these regulatory obligations, thus creating a liability issue.

User Lorita
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