Essay on "Edwards v. Pepsico Company"

Essay 6 pages (2029 words) Sources: 6

[EXCERPT] . . . .

Changes

There does not appear to be any information available on what changes were made either at Pepsico or at B.W. Sinclair, who was the manufacturer of the Bulk Bag Unloader. One would hope that both companies put rules into place to make sure that this piece of equipment was not manufactured or operated without the safety guards so that this type of accident would not happen again.

Regulatory Agency

In this case the regulatory agency that would be involved would be that of The U.S. Department of Labor's Occupational Health & Safety Administration. OSHA is part of the United States Department of Labor. The administrator for OSHA is the Assistant Secretary of Labor for Occupational Safety and Health. OSHA's administrator answers to the Secretary of Labor, who is a member of the cabinet of the President of the United States (About OSHA, n.d.). The Occupational Safety and Health Administration regulate worker safety in the United States and its territories. Health and safety standards are contained in Title 29 of the Code of Federal Regulations (OSHA Standards, 2011).

The OSHA regulations include a section in regards to machine guarding. Under this regulation OSHA says that "One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are-barrier guards, two-hand tripping devices, electronic safety devices, etc." (Regulations (Standards - 29 CFR), n.d.).

Recommendations

In this case there are several things that could be done in order to make sure that something like this never happens again. The first thing that could be done is that B.W. Sinclair would only manufacture Bulk Bag Unloading machines with the required safety guards. Although the company did have some safety measures in place, such as safety manuals and safety stickers, the only way to guarantee that the end user will be safe is to have all required safety guards in place when manufacturing takes place.

Another thing that could be done on the part of Pepsico is that they should not order machinery that they know is unsafe and that is going to put their employees in harms way just because they were in a hurry to make profits. The safety of their workers should always be their top priority. They knew when they ordered this machine that it was supposed to have a safety guard installed on it, but ordered it without one. They also need to make sure that there is a vigorous training program in place that focus on nothing but safety.

References

About OSHA. (n.d.). Retrieved from http://www.osha.gov/about.html

Edwards v. Pepsico, 268 Fed. Appx. 756, 2008 U.S. App.

OSHA Standards. (2011). Retrieved from http://www.osha.net/federal-osha-standards-and-regulations.html

Pearson, C., Wolfe, T.G., Whitmire, L. & Anderson, R.E. (2002). An Overview of Oklahoma

Product Liability Law. Retrieved from http://www.okbar.org/obj/articles_02/sa081702.htm

Regulations (Standards - 29 CFR). (n.d.). Retreived from http://www.osha.gov/pls/oshaweb/owadisp.show_document-p_table=STANDARDS &p_id=9836

Walters, J. (2009). Manufacturers' products liability. Retrieved from http://www.mcafeetaft.com/Resources/Attorney-Articles/Articles/Manufacturers-products-liability.aspx READ MORE

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