wellspring/15-torts-and-coordination/15-04-workplace-health-and-safety.md

# Wellspring: Workplace Health and Safety:

## Making employers publish the known risks for a given position, and keep those published risks up to date:

Employers shall publish, as part of the job description for any job, a list of the known hazards which arise from carrying out the job within the particular work environment provided by that employer. The list is only required to cover the hazards which may arise as a result of the nature/configuration of the particular work environment, and the nature of the equipment/tools/supplies provided by the employer for the carrying out of the job. The list is not required to cover hazards which arise from misuse, by the employees, of the environment/equipment/tools/supplies in the nature/configuration provided by the employer.

When the nature/configuration of the environment/equipment/tools/supplies provided by the employer change, the employer must update the hazard list and republish it to each employee whose job has been affected by the updated environment/equipment/tools/supplies.

### Vendable warrant: "Undisclosed workplace hazard":

Employees with knowledge of hazards which have not been published by the employer may file for a warrant from the courts in the form of "Undisclosed Workplace Hazard" warrant. This warrant shall be a vendable commodity which may be bought and executed by a 3rd party. The remit of the warrant shall be legislatively defined to search for and sieze/photograph/capture evidence of such conditions as support the allegation that the configuration under which the equipment/tools/supplies provided by the employer for the carrying out of the job, does in fact impose a hazard which has not been published by the employer.

### Cause of action: "Undisclosed workplace hazard":

Upon executing a warrant and finding evidence of an alleged unpublished hazard which arises from carrying out a job as a result of the nature/configuration of the particular work environment/equipment/tools/supplies which has not been documented by the employer in the job description, the executor of the warrant shall have standing to file suit against the employer under the cause of action, "Undisclosed workplace hazard".

#### Burden of proof:

The burden of proof shall lie with the plaintiffs to prove that the alleged hazard complained of does in fact constitute a potential or actual harm.

#### Relief:

Upon judgment proceeding for the employees:
- They shall have redress in the form of declaratory relief, that the alleged hazard is in fact a hazard.
- They shall have redress in the form of an injunction against the employer to add the hazard to the list in the job description.
- After a legislatively defined grace period, if the employer hasn't provided a means of ameliorating that newly disclosed workplace hazard, upon oath of probable 
  cause, employees shall have good claim to file for a vendable warrant known as the "Unameliorated Workplace Hazard" warrant.

## Making employers provide safe work environments:

Employers are expected to provide work places which demonstrate a **good faith** effort to ensure that any published hazards which may reasonably arise from the nature/configuration of the particular environment/equipment/tools/supplies provided by the employer are ameliorated.

Should any of the published hazards for a job description not have a good faith method provided by the employer, any and all of the employees (whether or not their particular job description incurs the alleged hazard) shall have standing to file for the "Unameliorated Workplace Hazard" warrant against the employer.

For any published hazard occasioned by the particular nature/configuration of the environment/equipment/tools/supplies provided by the employer, a good faith method of ameliorating said hazard is one which:

- When diligently followed/deployed by the employees ameliorates the hazard.
- Where the method is already deployed:
  - Is resourced by the employer sufficiently so as to make it practical for the employees to follow/deploy.
  - Can readily be demonstrated by the employer to be maintained in an operational state or on standby, ready to be deployed in a timely manner, depending on the type of hazard under consideration.

### Vendable warrant: "Unameliorated Workplace Hazard":

When a workplace hazard is newly added by an employer to the list of published hazards for a particular job description, the employer shall have a legislatively
defined grace period within which to provide a **good faith** effort to ensure that the newly published hazard is ameliorated.

Anytime past the grace period, if any published hazard is not implemented and **maintained** in a **good faith** state, any and all of the employees (whether or not
their particular job description incurs the alleged hazard) shall have, upon sworn oath of probable cause, good claim to file for an "Unameliorated Workplace
Hazard" vendable warrant.

This warrant is a vendable legal instrument which may be bought and executed by a 3rd party. The remit of the warrant shall be legislatively defined to search for
and sieze/photograph/capture evidence of such conditions as support the allegation that the configuration under which the equipment/tools/supplies provided by the
employer for the carrying out of the job, does in fact impose the published hazard complained of.

### Cause of action: "Unameliorated Workplace Hazard":

Upon execution of a warrant and finding evidence that the hazard complained of may or does in fact reasonably arise from carrying out a job as a result of the nature/configuration of the particular work environment/equipment/tools/supplies:

The plaintiffs shall nominate at least one good faith method to ameliorate the hazard, and source relevant costs for procuring and deploying it at the workplace. The plaintiffs implicitly agree to a renegotiation of the employees' terms of employment, in line with the requirements and costs to effectuate the method, including changes to duties, hours, compensation, etc.

Failure on the part of the employees to nominate at least one method which meets the definition of **good faith** shall, as described below, result in the employer
gaining declaratory relief in the form of the "Inherently Risky Job" declaration.

#### Burden of proof:

The burden of proof shall lie with the employer to show that they have in fact provided a good faith method of ameliorating the hazard.

#### Finding options and settling the dispute:

Upon judgment proceeding for the plaintiff(s), the defendant may also source and nominate their own options for ameliorating the hazard and these options shall also be subjected to the good faith criteria. Should the litigants be unable to come to a settlement over which method(s) should be deployed, a legislatively defined procedure shall be used to settle the dispute and guide the jury to arrive at the final decision on behalf of the litigants.

The plaintiffs implicitly agree to a renegotiation of the employees' terms of employment, in line with the requirements to effectuate the finally decided method, including changes to duties, hours, compensation, etc, as decided by mutual agreement or by the jury through the legislatively defined dispute settlement procedure.

### Declaratory relief: Inherently Risky job:

Should judgment proceed in favour of the defendant (the employer), or if the plaintiff was unable to nominate at least one method to ameliorate the hazard which
met the requirements for being considered a **good faith** method: an additional declaratory relief shall be granted to the defendant, that the particular job is
"Inherently Risky". The judgment now being on record, it should inform current and future employees that the particular harm complained of is an inherent risk that comes with the particular job description(s), which has no human solution as yet, and must be factored into the decision of employees in that environment; until such time that a good faith method is demonstrated before the courts.