Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 1

An American Wrecking Corporation (AWC) employee was killed when bricks fell on him as he prepared a section of building for demolition. AWC was cited for willfully violating the Occupational Safety and Health Act (OSH Act) governing the removal of loose material during the demolition process. Willful violations of the Act can serve as the basis of criminal complaints. AWC filed a review petition. At hearing, the Occupational Safety and Health Administration Review Committee's experts testified that the bricks were unstable and should have been taken down, while company employees stated that they believed that the bricks had been supported by iron in the structure. The administrative law judge ruled that the company had willfully violated the statute by not removing the bricks because the hazardous condition should have been obvious to the demolition supervisor. On appeal, should this ruling be upheld? If so, what would be the appropriate sentence? [American Wrecking Corp. v. Secretary of Labor, 351 F.3d 1254 (D.C. Cir. 2003).]