DB FPX8410 Assessment 3 Critical Incident Analysis

DB FPX8410 Assessment 3 Critical Incident Analysis

 

 

This critical incident analysis, titled “DB FPX8410 Assessment 3 Critical Incident Analysis,” will investigate complaints of wrongful death involving six employees. It will delve into potential omissions that might have played a role in these complaints. Additionally, it will assess the potential legal consequences for the business in accordance with the law. This evaluation will assess the skills of the interviewer and the level of legal risk associated with each complaint (García-Montoya & Mahoney, 2020).

Identification of Actions, Errors, and Omissions

After a comprehensive examination of the six wrongful death claims filed against CapraTek, it has become apparent that several actions, mistakes, and oversights may have impacted the potential legal accountability of the company. 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, given that Workers’ Compensation insurance covers the injury. Nevertheless, for the remaining five claims, CapraTek may potentially be exposed to legal liability under a range of statutes, including but not limited to 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 instance, consider the case of Richard Howell, who tragically lost his life to COVID-19. CapraTek’s potential legal responsibility could be linked to its adherence to OSHA regulations and standards. If CapraTek fails to ensure a safe and healthy working environment, which includes effective communication of its COVID-19 policies, it may face legal repercussions under OSHA. CapraTek’s failure to establish and communicate clear COVID-19 safety measures may result in potential legal repercussions under OSHA. This oversight violates OSHA standards, putting employees at risk of COVID-19 infection and contributing to potential wrongful death claims (Ekong et al., 2023).

Similarly, in the situation involving Boris Senty in the “DB FPX8410 Assessment 3 Critical Incident Analysis,” CapraTek might be liable under OSHA if it neglects to provide sufficient safety measures and personal protective equipment (PPE) to its employees, thereby violating OSHA standards. CapraTek’s failure to provide adequate safety measures and PPE for essential workers during the pandemic could lead to violations of 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 designated Quan as an essential worker and required on-site work without making reasonable accommodations under the ADA or other pertinent laws, it could face legal consequences for his COVID-19-related passing. The misclassification of essential workers’ reasonable accommodations exposes CapraTek to potential legal issues under the ADA. This oversight may have violated ADA requirements, contributing to wrongful death claims (Hoffman, 2023).

Critical Incident Analysis

In the case of James Clarke, Sr., CapraTek’s potential legal liability, DB FPX8410 Assessment 3 Critical Incident Analysis,” might also be governed by OSHA regulations and the guidance provided by other governmental entities. If, for instance, local authorities recommended a plant shutdown due to COVID-19 concerns, but CapraTek refused to comply, they might be subject to OSHA violations and other legal actions under relevant laws. CapraTek’s refusal to comply with local authorities’ recommendations for plant shutdown may result in OSHA violations and legal actions. Non-compliance demonstrates a disregard for employee safety, potentially contributing to adverse outcomes (Johnson, 2020).

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Lastly, regarding Susan Harewood, who was not a CapraTek employee but a delivery driver on their premises, CapraTek’s potential liability could be influenced by a variety of laws, including OSHA and the ADA. Suppose Harewood contracted COVID-19 while on CapraTek’s premises due to inadequate safety measures or unclear communication of policies. In that case, CapraTek might be exposed to legal action under these laws, as well as possible negligence claims. CapraTek’s negligence in protecting non-employee visitors like Susan Harewood may lead to negligence claims and possible violations of OSHA and ADA regulations. Thi

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