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Update 15-04-workplace-health-and-safety.md

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15-torts-and-coordination/15-04-workplace-health-and-safety.md
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@@ -23,30 +23,11 @@ Employers are expected to provide work places which demonstrate a **good faith**
- Basically the same as NAHA.
### Cause of action "Unameliorated Hazard":
Should any of the published hazards for a job description not have a good faith method provided which ameliorates the hazard, any and all of the employees (whether or not their particular job description incurs the alleged hazard) shall have standing to file suit against the employer under the cause of action, "Unameliorated Hazard".
Upon judgment proceeding for the employees:
- The employer shall have a grace period within which to provide such protections as are determined to be in good faith by the court.
- During this grace period, an injunction against the
- The employer shall table a
### Cause of action: "Unameliorated Hazard":
If any hazard arising from the published hazard list
Should any of the published hazards for a job description not have a good faith method provided by the employer which ameliorates the hazard, any and all of the employees (whether or not their particular job description incurs the alleged hazard) shall have standing to file suit against the employer under the cause of action, "Unameliorated Hazard".
> [FIXME]: Obviously the employer cannot be made liable for all damages incurred while an employee works. But "causally due to the nature of the task" isn't a clear enough principle for the limitation of liability.
Workplaces should clearly publish risks for positions in detail. Any damages incurred while carrying out employment, which are causally due to the nature of the task of employment, which aren't listed among the published risks shall be grounds for legal action.
## Using the published list of employment risks to force employers to outlay capital on safety.
> [FIXME, EXPERIMENTAL]: This section is very difficult to get right. We want to ensure that employers outlay capital on safety equipment and infrastructure to ameliorate the known risks for the tasks they assign. But we also don't want to mandate that employers must use the absolute most cutting edge method for ameliorating any known risk. The question is, by what means shall we determine when "sufficient" effort/capital outlay has been made to free the employer from liability?
> [IDEA]: One compromise on this mechanism could be to make employers only liable for known risks that accompany the task which arise from the environment/infrastructure in which the task is carried out; and not those which arise from the performance of the task? This makes it the employer's responsibility to ensure the workplace/environment itself is safe, but leaves the responsibility for safety when carrying out the tasks to the employee.
On the basis of the published list of risks:
- An employee filling a position, who has **not** incurred an injury, may sue for equitable relief in the form of an injunction against the employer to provide adequate safety, if such safety is not provided. This suit does not reward compensation - it is an equitable remedy.
- An employee filling a position, who **has** incurred an injury, may sue for compensation.
Upon judgment proceeding for the employees:
- Both sides of the advocacy shall present a set of options for methods to ameliorate the hazard.
- Should both sides not be able to come to a mutually agreed upon settlement, a subsequent trial shall be held and a jury shall issue the verdict on which method shall be adopted as the **good faith** method (where good faith is not necessarily "best in state of art").
- The employer shall have a grace period within which to provide such protections as are determined to be in good faith by mutually agreed upon settlement or by jury.