An official of OSHA inspects the Carroll Corporation,a manufacturing company.The official finds saftey violati
March 52010
violations and orders the company to correct them within a certain number of days. The company refuses. In court, Carroll Corporation’s attorneys arue that OSHA acted unconstitutionally because it performed all three functions of government. How would you deciede?
Please help.
And no rude comments… If you dont want to help dont…
That isn’t how OSHA works.
OSHA levies what best could be called fines, not penalties of law. If you ignore OSHA, they have the government take you to court for prosecution. A judge makes the call and can either uphold the fines as penalties or send you to jail. It is the same as getting a speeding ticket. You can pay the fine or be taken to court. OSHA is not the judiciary.
The regulations OSHA enforces are enacted by Congress, not OSHA. So OSHA isn’t legislative.
So that leaves the executive branch, which OSHA is part.
March 5th, 2010 at 8:41 pm
That isn’t how OSHA works.
OSHA levies what best could be called fines, not penalties of law. If you ignore OSHA, they have the government take you to court for prosecution. A judge makes the call and can either uphold the fines as penalties or send you to jail. It is the same as getting a speeding ticket. You can pay the fine or be taken to court. OSHA is not the judiciary.
The regulations OSHA enforces are enacted by Congress, not OSHA. So OSHA isn’t legislative.
So that leaves the executive branch, which OSHA is part.
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