SAFETY-RELATED BUSINESS LAWS

US legislation, the TREAD Act, which was passed in October 2000 after the Firestone tyre recall, establishes early-earning reporting requirements of safety-related tyre and automotive defects, and criminal penalties for falsifying or withholding information on vehicle safety-related defects. This article examines in detail the impact this new legislation will have on businesses in the US, products sold, and how the law could even affect a company s survival. 

A) The failure of Seller or those acting under or for Seller to comply with all federal, state and local laws, regulations and ordinances (including, without limitation, those related to the environment, health and safety) in connection with Seller s performance of this Agreement (including, without limitation. Seller s ownership or operation of its business and facilities) ... 

One could debate whether existing compensation laws achieve their goals. For example, some thought that employers would become more interested in safety by becoming responsible for indemnification of injured workers. However, the competition among insurance companies for employers business may have done as much to increase employer interest in safety. Many insurance companies selling workers compensation insurance provide loss control services to employers. Preventing work-related accidents helps employers reduce claims and lower insurance premiums. 

Prevention of occupationally related accidents/incidents is the law. The Occupational Safety and Health Act of 1970 (OSHAct) requires employers to provide a workplace free from hazards that could cause serious harm or death. Beyond that, it makes good business sense to prevent accident/incidents. More and more companies have come to realize that the OSHAct is a helpmate, not a hindrance, to their acddent/incident prevention initiative. The Occupational Safety and Health Administration (OSH A) sets the foundation and assumes the role of law enforcer, allowing the employer to not be viewed as the bad guy to his or her employees. Employers can deflect responsibility to OSH A. 

Daniel J. Curran, Dead Laws for Dead Men 119, 123, 142 (1993) Shari Ben Moussa, Note Mining for Morality at Sago Mine Big Business and Big Money Equal Modest Enforcement of Health and Safety Standards, 18 U. Fla. J. Law Public Policy 209 (2007) Reports of Declining Injury Rates Faulted as Inaccurate Roots of Problem Under Study, 25 BNA Labor Relations Week 2199 (2011). 

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