BASIC OUTLINE FOR CROSS EXAMINATION ABOUT WORKER SAFETY
Here’s a very simple outline for cross examination about worker safety. You would add to this relevant information and discovery from the case. It’s a start, however, for you to consider and improve upon:
WARNING-SAFETY CROSS EXAMINATION GENERAL OUTLINE
COLLATERAL ATTACK
ELIMINATING OR MINIMIZING RISK OF SERIOUS INJURY OR DEATH
- TRUE THAT TEXACO SHOULD HOLD PARAMOUNT THE SAFETY AND HEALTH OF IT’S WORKERS?
- AGREE WITH THE PROPOSITION THAT:
ANY RISK OF SERIOUS BODILY INJURY OR DEATH IS ALWAYS UNACCEPTABLE IF REASONABLE MEANS COULD HAVE BEEN USEDTO MINIMIZE OR ELIMINATE THE DANGER?
- AGREE THAT “IT’S BETTER TO BE SAFE THEN SORRY?”
- AGREE ONE SHOULD FIRST INSPECT FOR DANGEROUS CONDITIONS?
- IF A DANGER IS DISCOVERED ONE SHOULD ELIMINATE THE HAZARD IF REASONABLY POSSIBLE?IF YOU CAN”T ELIMINATE THE DANGER THEN INSTALL PROTECTIVE DEVICES AROUND IT IF POSSIBLE?
- IF ONE CAN’T ELIMINATE THE DANGER OR PROTECT AGAINST IT, THEN ONE MUST GIVE WARNINGS OF THE DANGER SO PEOPLE WILL KNOW?
- AGREE THAT “APPEARANCES ARE OFTEN DECEIVING” AND WORKERS MIGHT NOT RECOGNIZE A DANGER UNLESS WARNED ABOUT IT?
- AN INADEQUATE WARNING IS NO WARNING AT ALL?
- AGREE THE GREATER THE RISK OF INJURY THE GREATER THE DUTY TO ACT?
SAFETY HAZARDS TO WORKERS
- IT WOULD HAVE COST FAR LESS TO ELIMINATE HAZARDS OR INSTALL SAFETY DEVICES THEN TO PAY THE COST FOR SERIOUS INJURY
- LIFE IS TOO PRECIOUS TO EVER RISK IT WHEN THE HAZARD CAN BE AVOIDED?
- COST EFFECTIVE SAFETY MEASURES- COST OF INJURY vs COST OF PROTECTION
- IN AMERICA, WE CARE ABOUT OTHERS
- IN AMERICA, WE DON’T WANT PEOPLE TO GET HURT
ANALYZING WHAT IS REASONABLE IN ACCIDENT PREVENTION
- IN DECIDING WHAT’S REASONABLE IN ACCIDENT PREVENTION, WOULD EVALUATING THE RISK OF INJURY BE IMPORTANT?
- THE RISK OR CHANCE OF IT HAPPENING SHOULD BE CONSIDERED?
- THE SERIOUSNESS OF THE HAZARD OR DANGER IS ALSO SOMETHING TO BE CONSIDERED?
- A HAZARD THAT COULD RESULT IN DEATH IS MORE SERIOUS THEN ONE THAT MIGHT MAKE A SMALL BRUISE?
- THE COMPARISON OF BOTH OF THESE RISK & SERIOUSNESS OF HARM SHOULD BE MADE IN DECIDING WHAT IS REASONABLE BY WAY OF ACCIDENT PREVENTION?
- DO YOU AGREE THAT WHEN IT COMES TO PREVENTING SERIOUS INJURY OR DEATH FROM PREVENTABLE ACCIDENTS, TEXACO SHOULD PRACTICE THE POLICY: “AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE”
AVAILABLE MEANS TO PREVENT ACCIDENT AND DEATH
- PUT TAG ON SCAFFOLD
- TAPE AREA AS DANGEROUS
- GOOD INTENTIONS ARE NOT ENOUGH. “THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS”
EVALUATING THE COST AND EFFORT INVOLVED TO ELIMINATE OR MINIMIZE THE HAZARD1
- AGREE IN EVALUATING WHAT WAS REASONABLE TO HAVE ELIMINATED, PREVENTED OR MINIMIZED THE CHANCE OF THIS DEATH WE SHOULD CONSIDER:
(1) IS THE PROPOSED ACCIDENT PREVENTION ACTION POSSIBLE TO DO?
(2) WAS IT POSSIBLE TO DO?
(3) IS IT A KNOWN AND ACCEPTED ACCIDENT PREVENTION METHOD? – USED BY OTHERS?
(4) THIS IS A KNOWN AND ACCEPTED PRACTICE?
(5) WHAT WOULD IT COST
(6) NORMALLY A LOT LESS EXPENSIVE TO PREVENT ACCIDENTS THEN THE SUFFER INJURY OR DEATH?
(7) HOW MUCH TIME DOES IT TAKE?
(8) HOW DIFFICULT IS IT TO DO? – WHAT EFFORT IS REQUIRED?
(9) IS A SUBSTANTIAL PERSONAL DANGER OR SACRIFICE IN CARRYING OUT THE SAFETY MEASURE?
TOOK SAFETY FOR GRANTED
- ISN’T IT TRUE THAT WORKERS HAVE THE RIGHT TO ASSUME THEY KNOW THEIR JOB AND WILL IT RIGHT?
- RESPONSIBILITY: IF YOU HAVE CONTROL OVER THE WORK SITE THEN YOU ARE RESPONSIBLE FOR THE SAFETY OF WORKERS ON THAT SITE?
- ACCOUNTABILITY: IF YOU FAIL TO FULFILL YOUR DUTY OF SAFETY THEN YOU ARE ACCOUNTABLE?
- NOT ACCEPTABLE FOR TEXACO TO FAIL IN IT=S DUTY TO PROVIDE A SAFE WORK SITE AND BLAME SOMEONE ELSE?
- IF A DRIVER=S AIR BAG FAILS TO WORK, THE MANUFACTURER SHOULDN’T BE ALLOWED TO SAY: “BUT IF HAD DRIVEN SAFELY YOU WOULD WOULDN’T NEED AN AIR BAG”
WORKERS HAVE RIGHT TO ASSUME OWNER WILL KEEP WORK SITE EN SAFE
- HAVE RIGHT TO ASSUME WILL ADOPT POLICIES AND PROCEDURES TO ELIMINATE POTENTIAL HAZARDS OF SERIOUS INJURY?
- WORKERS HAVE RIGHT TO EXPECT THAT IF A POTENTIAL HAZARD OF SERIOUS HARM EXISTS ON TEXACO=S PROPERTY TEXACO WILL TAKE SAFETY ACTION
- WHEN YOU FLY ON A COMMERCIAL AIRPLANE YOU DO NOT HAVE TO CHECK THE TIRES, THE GAUGES OR ASK ABOUT THE TRAINING OF THE PILOT.