DB FPX 8410 Assessment 3 Critical Incident Analysis DB-FPX 8410 Addressing Problems in Human Resources and Compliance ​​​​​​​Critical Incident Analysis

 

Identification of Actions, Errors, and Omissions

After a comprehensive examination of the six wrongful death claims filed against CapraTek, several actions, mistakes, and oversights may have impacted the company’s potential legal accountability. For instance, in the case of Michael Haskill, who tragically lost his life in a machinery-related accident, it is unlikely that CapraTek can be held legally responsible due to Workers’ Compensation insurance coverage. However, for the remaining five claims, CapraTek may be exposed to legal liability under statutes such as the Americans with Disabilities Act (ADA), the Occupational Safety and Health Act (OSHA), and the Family and Medical Leave Act (FMLA) (Johan & Ariawan, 2021).

For example, in the case of Richard Howell, who died of COVID-19, CapraTek’s potential legal responsibility could be linked to its adherence to OSHA regulations and standards. If CapraTek failed to ensure a safe working environment and communicate COVID-19 policies effectively, it may face legal repercussions under OSHA (Ekong et al., 2023).

DB FPX 8410 Assessment 3 Critical Incident Analysis

Similarly, in the situation involving Boris Senty, CapraTek might be liable under OSHA if it neglected to provide sufficient safety measures and personal protective equipment (PPE) to its employees, violating OSHA standards. This oversight increases the risk of employee illness and potential legal actions against the company (Ekong et al., 2023).

Turning to Bhashar Quan, whose demise was also COVID-19-related, CapraTek’s potential liability may be determined by the guidelines outlined by the Equal Employment Opportunity Commission (EEOC). If CapraTek required Quan to work on-site without reasonable accommodations under the ADA, it could face legal consequences (Hoffman, 2023).

Critical Incident Analysis

In the case of James Clarke, Sr., CapraTek’s potential legal liability might also be governed by OSHA regulations and other governmental guidelines. If local authorities recommended a plant shutdown due to COVID-19 concerns and CapraTek refused to comply, the company might be subject to OSHA violations and other legal actions (Johnson, 2020).

Lastly, regarding Susan Harewood, a delivery driver on CapraTek’s premises, CapraTek’s potential liability could be influenced by laws including OSHA and the ADA. If Harewood contracted COVID-19 due to inadequate safety measures or unclear policies, CapraTek might be exposed to legal action and negligence claims (Litor, 2022).

CapraTek’s management and HR department’s actions, oversights, and missteps could have contributed to the six wrongful death claims against the company. The extent of potential legal liability depends on factors such as essential worker status, safety measures, and COVID-19 policy communication (Chan, 2020).

Potential Legal Liabilities

Unprepared employers risk lawsuits such as workers’ compensation claims, invasion of privacy allegations, discrimination charges, unfair labor practices, and negligence lawsuits, including those from agencies like the EEOC and OSHA. The ADA prohibits discrimination against individuals with disabilities and mandates reasonable accommodations. CapraTek’s misclassification of essential workers without considering reasonable accommodations could lead to ADA violations, particularly in Quan’s case (Piroșcă et al., 2021).

For instance, James Clark’s family might argue his infection resulted from workplace exposure, potentially leading to OSHA violations and legal consequences, notably in Howell, Senty, and Clarke’s cases.

The Family and Medical Leave Act (FMLA) also hints at potential legal exposure if CapraTek fails to comply with its requirements. The EEOC’s guidelines are particularly relevant in evaluating CapraTek’s liability, especially concerning reasonable accommodations (Piroșcă et al., 2021).

Allegations

CapraTek might be accused of not enforcing CDC and OSHA guidelines, potentially leading to negligence or recklessness claims. In defense, it could argue adherence to Governor Kemp’s executive order, which mandated non-critical essential businesses to operate with reduced staff and specified COVID-19 prevention measures (Dannecker & Schröder, 2023).

The Severity of the Legal Risks

The level of legal risk varies for each case. For Michael Haskill, CapraTek’s potential legal liability is likely limited due to Workers’ Compensation insurance. However, the Harewood claim, alleging failure to close the plant, could have serious legal repercussions if CapraTek did not implement adequate safety measures and communicati