Law and ethics in the business environment 9th edition halbert solutions manual

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LAW & ETHICS IN THE BUSINESS ENVIRONMENT Instructor’s Manual

CHAPTER SIX HEALTH AND SAFETY: WORKERS RIGHTS AS HUMAN RIGHTS MAIN CONCEPTS Occupational Health and Safety Administration (OSHA) Perspectives on risk in the workplace Corporate criminal liability Compensation for workplace injury and illness Safety concerns in the global economy

INTRODUCTORY TIPS Introduce this topic by asking students to identify the sources of health and safety risks in any place that they have worked, and list them on the board. Some prompts: exposure to second-hand smoke in bars, restaurants; delivery-persons' risk of motor vehicle accidents; eyestrain, repetitive stress injuries from computer work; exposure to herbicides on lawns, farms; toxins/chemicals in industrial sites; risk of robbery in convenience stores in urban or isolated areas. Then ask them to consider the risks to which they are exposed in other aspects of their lives (dangerous sports, like skiing, scuba diving, windsurfing; drinking/driving; dangerous places they might travel to or through, etc.).

Once you have elicited a good cross-section of risks, ask students to decide who should evaluate and minimize each kind and why.

Louisiana Municipal Police Employees’ Retirement System v. The Hershey Company, Questions, pp. 213-214 1. How do Hershey’s alleged wrongs harm the plaintiffs in this case?

If Hershey was actually engaging in illegal activities, it is reasonable to assume that the value of the stock (and thus shareholder value) would diminish as a result of the potential costs from those activities such as fine and lost sales. There is also the potential that public perception of the company could decline, if the public became aware of the issues.

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2. What evidence do the plaintiffs provide to support their claim that they have a right to investigate the corporate records?

A board of directors has certain responsibilities to company shareholders. The plaintiffs based their claim on various investigations, company statements, documentaries and news reports suggesting that the board had not fulfilled their responsibilities.

3. Plaintiffs allege that Hershey directors may have violated their fiduciary duties. Explain what that means.

Directors have a responsibility (i.e. fiduciary duty) to act in the best interest of shareholders. The use of child labor has the potential to harm the value of the company, which goes against those interests.

4. Hershey lobbied against a bill that would have required “slave-free” labeling for cocoa products and instead signed the Protocol. Consider Hershey’s actions from the various ethical perspectives described in Chapter 1.

Free market ethics would favor any strategy enhancing the profitability of a company, as long as that strategy does not involve committing a crime. It is obvious that the bill would have had a negative impact on profits. The question is – was signing the Protocol enough to ensure that Hershey was not committing any crime(s)?

Utilitarian analysis would weigh potential profits against the potential harm to the workers. Other stakeholders would also be considered, including those workers’ families, consumers who pay for Hershey’s products and the countries in which the workers live, who may derive economic benefit from the production of goods in the country. Taken together, the analysis would most likely not support Hershey’s actions on the basis that the greatest overall good is achieved when cocoa is produced “slave-free.” The harm of slavery would outweigh any economic benefit that might be felt by some of the stakeholders.

Deontology would identity principles at play in this scenario. It would question why Hershey lobbied against the bill, but supported the Protocol, which “eliminate the worst forms of child labor.” This seems inconsistent with the decision to lobby against regulations that would help ensure that cocoa is produced “slave-free.”

Respect for life is a central principle espoused by Deontologists and Hershey’s actions do not evince a respect for life.

From a virtue ethics perspective, the Protocol sounds more like moral minima that moral excellence. Opposition to the “slave-free” labelling does not seem to fit with

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Hershey’s purported commitment to children and workers. In this way, Hershey is going against the moral standards it set in its community.

As for the ethic of care, the opposition to the labelling suggests that Hershey is not very concerned with its relationship to the workers that produce its cocoa.

5. Hershey claimed it did not knowingly purchase from farms that exploited child labor. Should that matter in determining if Hershey acted unethically? How might they have violated the law that makes it a crime to knowingly – or with reckless disregard for the facts – benefit from a venture involving forced labor?

Answers will vary, but some might suggest that Hershey’s lobbying efforts against the “slave-free” labelling suggests they knew that forced labor was taking place. The investigations, documentaries and news reports mentioned in the case lend support to a “reckless disregard for the facts.” Some students might also feel it is the duty of business to investigate the practices of their business partners to ensure that they are not dealing with unethical partners.

The federal law addressing the use of force labor can be found at 18 U.S.C. § 1589 et seq.

6. In 2015, class action suits against Hershey and Nestlè were filed in California, alleging the companies violated state consumer protection laws by failing to disclose that some of the cocoa used in their candy originated on farms in Cote d'Ivoire that use child and slave labor. Research: Find out what has become of these suits.

The class actions were dismissed in 2016. The court said in part that it was not the court’s place to decide what must go on product labels.

7. Research: Find out what steps the U.S. has taken to help end illegal goldmining by children in Burkino Faso and other parts of West Africa.

Gold mining by children continues to be a significant problem in West Africa and other countries. The following is a link to the U.S. Department of Labor Bureau of International Labor Affairs: https://www.dol.gov/agencies/ilab/resources/reports/child-labor/burkina-faso. This site provides a variety of information including its mission statement and information about children producing cocoa.

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8. What similarities do you see between the allegations in the child labor complaint and this set of facts? What obligation should a company have to investigate its suppliers in the United States?

Similarities include the ages of the workers involved and the fact that they are not United States citizens or residents. Additionally, both scenarios involve Hershey relying on others to complete key steps in their manufacturing processes. Ask the students if it is enough for companies to assume that suppliers in this country obey labor laws.

Jobs Americans Won’t Do, by Matthew Webster Questions, pp. 216-217 1. Why does the US treat agricultural workers differently? Who are the stakeholders? Consider it from the perspective of free market theory, utilitarianism and deontology. Research: Find out about current debates involving U.S. farmworker health and safety.

Answers as to why these workers are treated differently will vary. Ask students to consider the question based on the stakeholders – farm owners, the government who subsidizes them, the consumers (all of us) who purchase the products and the farm workers themselves. Invite students to consider and research the ongoing discussion about immigration and the agriculture industry’s involvement in immigration policy. See, e.g., http://harvestpublicmedia.org/post/increasedimmigration-enforcement-sets-agriculture-industry-edge-0 Free market ethics would not favor changes that lower profits as long as the farms are not doing anything illegal in the hiring and treatment of workers.

Utilitarian analysis would consider the overall good. Food is a significant expense for American families and anything that increases the cost of production increases the price. Increased costs may also lead to increased subsidies which could lead to increased taxes. Those issues must be weighed against the rights of the workers and their working conditions.

Deontology would consider principles of fairness and respect for human life.

There are many websites that provide information on U.S. farmworker health and safety including: http://afop.org/health-safety/ http://www.cdc.gov/niosh/topics/aginjury/

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2. Is it ethical for parents to encourage or allow children to work in agriculture?

Should the government do anything to regulate this practice? Research: What changes does HRW recommend? How has the government responded?

Opinions will likely vary regarding parents and government regulations. HRW’s website supports ending child labor in agriculture. Their website discusses their position as well as the CARE Act: http://www.hrw.org/support-care The original CARE Act (2009) has been reintroduced several time, but has not made it out of committee:: https://www.congress.gov/bill/114th-congress/house-bill/4553

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) Michaels v. Statement on Workforce Protections, Questions, p. 221 1. What challenges to OSHA does Michaels highlight? How is OSHA trying to address them?

The key issue is that OSHA has a vast mission (ensuring the health and safety of all American workers), but limited resources to accomplish that mission. He highlights that much of what they do is enforcement of regulations, while still attempting to be proactive and help businesses comply with OSHA regulations.

2. Elsewhere in his testimony, Michaels argued for increasing the monetary penalties--raised only once in 40 years--and enhancing criminal sanctions. The 2015 Budget Act required OSHA to increase penalties by August 2016. Under the new structure, OSHA penalties are 78% higher than they were when Michaels gave his report. A serious violation of OSHA can result in a fine of $12,471. When Michaels' testified, the maximum penalty for a repeated and willful violation that resulted in a worker's death had been $70,000; these can now be almost $125,000 each. Do you think that raising OSHA fines will be effective in improving safety conditions at work? Can you think of a better mechanism for reaching OSHA’s goals?

Students should consider businesses’ willingness to run the risk of paying these penalties in exchange for saving money on ensuring worker safety. Since OSHA has limited resources, businesses may be willing to risk potential penalties, even though they are higher, believing that enforcement is unlikely. Students should consider the possibility of increasing OSHA’s resources so enforcement and compliance support can be done more effectively.

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3. Research: Locate the most recent AFL-CIO report "Death on the Job: The Toll of Neglect." Which workers are most vulnerable, based on age, race/ethnicity, occupation? What steps, if any, has OSHA taken to help those groups?

The report can be found here: https://aflcio.org/reports/death-job-toll-neglect-2017 Latinos, immigrants and older workers are most at risk, as well as those who work in construction, transportation, mining and agriculture. The report indicates that fines increased and rules became stricter under the Obama administration, but the Trump Administration has indicated a desire to roll back these regulations.

4. The OSHA does not cover public employees except in those states (26) that enforce the OSHA through State Plans. That means that some 10 million government employees in the remaining 24 states have no federal right to a safe workplace. Find out the status of public employees in your state.

For a list of states, see https://m.afscme.org/news/publications/workplace-healthand-safety/fact-sheets/pdf/PUBLIC-EMPLOYEES-OSHA-LAWS-2.pdf

PERSPECTIVES ON RISK IN THE WORKPLACE SeaWorld v. Perez, Questions, pp. 225-226 1. Why do you think Dawn Brancheau was willing to risk her life to train killer whales? Assuming she had a complete grasp of the risks involved, is it ethical to interact with whales as she did? For this, use the frameworks for ethical decision-making in Chapter 1.

When conducting the ethical analyses, students should also consider the consumers and debate the extent to which the well-being of the animals should factor into ethical decision making. This scenario can be repeated in other settings. For example, is the business of the NFL ethical, now that the risks of concussions are well known? Are all players now knowingly accepting the risks of playing?

2. How did SeaWorld argue that working with killer whales was not a “recognized hazard?” How did the Secretary of Labor respond on this issue? What do you think? Is a SeaWorld employee training killer whales in the same kind of “recognized” danger as a football player in the NFL? Why/why not?

SeaWorld argued that the prior incidents involving whales were not relevant because all animals behave differently. The also argued that the danger was inherent in the job, which would exclude the danger from being considered a recognized hazard.

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The secretary of the Department of Labor pointed out that SeaWorld’s past safety practices indicated that it was a danger that was not inherent in the work and that incidents involving the whales were common enough among several of the whales to indicate the species itself posed a danger.

To some extent, this is similar to the NFL because additional safety precautions can be taken to address some known dangers that the players face (e.g., different helmets, different contact rules). However, violent physical contact is inherent in football (and even an essential part of why people watch the sport), while the incidents involving the whale are not central to SeaWorld’s shows.

3. On what basis does the majority uphold the finding that SeaWorld put its employees at risk? How does the dissent respond?

The court cites multiple incidents in which workers were injured, despite the safety precautions in place. The dissent believes that the danger is inherent in the job and likens it to other jobs in the entertainment industry.

4. Dissenting Judge Kavanaugh lists a number of risky activities—playing football, skydiving, tiger-taming, and so on—and asks: “When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves—that the risk of significant physical injury is simply too great even for eager and willing participants?” How would you answer him?

For this question, you can ask students to come up with a test that could be used to determine when the risk is acceptable. Ask them to consider the value of entertainment in society and contrast that against the value of worker safety.

5. Congress or state legislatures could choose to ban or regulate certain sports or entertainment activities. Should SeaWorld's encounters with killer whales be outlawed? Should sports like NFL football that create a high risk of concussion injury be banned?

A utilitarian analysis is an effective way for students to evaluate these questions.

Ask them to define the benefits to society for these activities and the risks posed to those who participate. Also, ask them to consider the role of free will in the workers’ decisions to participate.

6. In the 1990s Johnson Controls banned fertile women from working on a battery-making production line where exposure to lead could cause harm to future offspring. How is this situation similar to the one at SeaWorld? How does it differ? Who are the stakeholders in the Johnson Controls situation?

Who should decide whether that risk is worth taking?

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In the Johnson Controls example, the risk was greatest for one small stakeholder group and the safety precaution still allowed the business to carry on. The danger was also hidden – the risk to future offspring would not have been apparent to the workers. Ask the students to consider whether giving fair warning to workers about the dangers of a job is enough to relieve the employer of the responsibility to keep workers safe from those dangers.

7. How should Chevron USA Inc. v. Echazabal apply to the following: (a) Mayo started working as a welder at Casting Company in 1987. In 2010, Mayo made comments to co-workers, threatening to kill management.

When asked by management whether he planned to carry out his threats, Mayo responded he "couldn't guarantee he wouldn't do that."

In this case, Mayo does not have a disability. Rather, he is making a threat against co-workers. The ADA would not apply. (b) Sungaila who is legally blind worked for Beverage Distributors. When his position was eliminated, Sungaila was offered a higher-paying job in the company's warehouse, subject to passing a physical exam. Physicians found that Sungaila's impaired vision would create a significant risk of harm to others, and no reasonable accommodation could reduce that risk.

The ADA only requires the employer to make reasonable accommodations and does not require employers to put their employees at risk, so the employer does not have to give him the job in the warehouse. Alternative job placements should be considered.

Exporting Hazards by Henry Shue, Questions, p. 228 1. What are the six indicators that a “cost” is actually a “harm,” where use of foreign labor is concerned? What does Shue mean by describing a harm as “unavoidably undetectable”?

1. The damage done is physical.

2. The damage is serious and possibly fatal.

3. The damage that is risked is irreversible.

4. The potential physical damage is undetectable for the victim without a level of medical care to which the workers have no access.

5. The potential physical damage is unpredictable for the victim, even probabilistically, without a level of knowledge to which the workers have no access.

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6. The undetectability and unpredictability are avoidable at the choice of the firm’s management.

Workers cannot detect the damage without medical care to which they lack access.

2. Who is responsible for safe working conditions in US firms abroad?

Students can be asked to represent different stakeholders in this question. For example, who would the workers in those country want to be in control? Who will the businesses want to be in control? To what extent do consumers have the ability to monitor and respond to the working conditions of those who make their goods? To what extent will foreign nations tolerate US interference in their labor practices?

CORPORATE CRIMINAL LIABILITY The readings in this section allow your class the opportunity to consider the role of criminal law in business. Students should consider the extent to which criminal sanctions might provide greater protections for workers (and perhaps consumers) than might result from civil actions. Ask students to consider why penalties in white collar crime seem to be minimal compared to punishments for other crimes.

COMPENSATION FOR WORKPLACE INJURY AND ILLNESS This section briefly covers Workers’ Compensation. Be certain that students understand the no-fault system and tactics used by businesses to reduce the amount they have to pay for workers’ compensation benefits.

HEALTH AND SAFETY ON THE GLOBAL ASSEMBLY LINE Sweatshop Labor, 1911 - 2013 Additional information on sweatshops can be found here: http://www.laborrights.org/creating-a-sweatfree-world/sweatshops Workers Rights Consortium Code of Conduct: Employment Standard, Questions, p. 200 1. Research: Go to the website for the Workers Rights Consortium. What responsibility does such membership place on members?

The website is: http://www.workersrights.org/

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2. Research: Does your college or university belong to the Workers Rights Consortium or another similar group? How do the groups compare.

As of June 23, 2017 there are 190 member colleges and universities: http://www.workersrights.org/as.asp 3. In what ways might companies who sign this accord be agreeing to provide greater rights to employees than state or federal law requires?

Companies who sign the accord promise to both fulfill the obligations on behalf of themselves and their suppliers.

Doe I v. Wal-Mart Stores, Inc., Questions, p. 203 1. Look at the various legal bases for each of the plaintiffs’ claims. Why does the court find that each should be dismissed?

1. Third party beneficiary: Wal-Mart made no promise to monitor the suppliers so no such promise flows to the plaintiffs as third-party beneficiaries.

2. Joint employer: Wal-Mart did not have an “immediate level of ‘day to day’” control over the suppliers’ employees so Wal-Mart is not a joint employer.

3. Negligence: Wal-Mart did not owe the plaintiffs a common-law duty to monitor Wal-Mart suppliers or prevent mistreatment. Without that duty, a claim of negligence cannot be made.

4. Unjust enrichment: The lack of any prior relationship between Wal-Mart and the plaintiffs precludes this theory.

2. According to a young Californian, Costco sells prawns from Thailand from a supply chain that depends upon documented slavery, human trafficking and other illegal labor abuses. Costco posts on its website a Supplier Code of Conduct which prohibits human rights abuses. Do an ethical analysis of Costco's practices. Research: Find out what happened in a lawsuit based on this scenario. Sud v. Costco Wholesale Corp., 2016 WL 192569 (N.D.Ca. 2016).

This case provides a good opportunity to focus on Virtue Ethics. Costco has established its company morals in its Supplier Code of Conduct. Assuming the allegations are true, it is not carrying out its business practices in a virtuous way by violating its own moral code. The other ethical perspectives will also indicate that Costco is acting unethically. Even under free market ethics, where the use of inexpensive labor is beneficial to stakeholders, it still should not be done if it violates the law.

The lawsuit was dismissed on several grounds.

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3. Brainstorm some ways that we, as consumers, might address the problems of forced labor and abusive working conditions at home and abroad.

Students can discuss whether they investigate company’s business practices. Share the following website and ask students if the information it provides might change their purchasing behavior: https://www.dol.gov/ilab/reports/child-labor/list-of-goods/ Corporate Codes of Conduct – The Struggle Over Meaning, Guy Mundlak, Issi Rosen-Zvi, Questions, p. 206 1. What are the positive and negative ways of viewing CSR reports? What is the “Achilles Heel” of CSR reporting? How might it be fixed?

A positive view is that the reports indicate an emergence of a new ethical discourse within an organization and that the documents encourage competitors to adopt similar codes of responsibility. They may also foster employee pride in the workplace. A negative view is that they have little value to external parities such as the government. Consumers also find them confusing and just another component of today’s information overload.

The “Achilles Heel” is the lack of institutional mechanisms to ensure that the information in the reports is reliable. It could be fixed, or helped, by subjecting the reports to an audit but that would likely be expensive and difficult.

2. How might a university benefit from joining the Workers Rights Consortium?

Answers will vary, but students should take pride in attending a socially responsible institution. It may also be a selling point to potential students. Likewise, as more universities (representing more consumers) join, more companies will be encouraged to join which will impact the goods that are available for sale.

3. In the original Doe I. v. Wal-Mart case, the plaintiffs were joined by unions representing employees who worked for Wal-Mart competitors. How might they have been hurt if Wal-Mart’s failed to adhere to its own Standards for Contractors?

Union wages are undercut when Walmart suppliers use workers in foreign countries that are paid far less than union workers in the United States. Walmart would be more likely to hire the union workers’ employers if it abided by the code of conduct.

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4. Consider Hershey, Wal-Mart and your university in light of the parameters discussed. How effective would you expect their codes to be? What additional factors do Mundlak and Rosen-Zvi point to?

This is a good group activity. Students could either look at one parameter for all three entities or at all parameters for a single entity.

5. Research: Find Apple’s most recent report and determine whether or not working conditions are improved. Then see how the Economic Policy Institute evaluates Apple’s progress.

Apple’s 2017 report: http://images.apple.com/supplier-responsibility/pdf/Apple-Progress-Report-2017.pdf Several articles regarding Apple are found on the Economic Policy Institute website: http://www.epi.org/issues/apple/

CHAPTER PROBLEMS 1. What impact might global slavery have on the health and safety conditions of ordinary workers?

When goods are produced inexpensively by slave labor, prices may fall. That leads to increased pressure on employers of ordinary workers to keep costs and prices low. To do that, wages, benefits and perhaps working conditions of those workers suffer. This is known as the “Race to the Bottom”.

Research: (a) What efforts are being made by international and nongovernmental groups to abolish this trade? Start by looking at the UN’s “blue heart campaign” against human trafficking.

The website for the Blue Heart Campaign is: http://www.unodc.org/blueheart/ 2. In 2010 California adopted the Transparency in Supply Chains Act. This law requires large retail sellers and manufacturers to disclose on their websites their "efforts to eradicate slavery and trafficking in their direct supply chains." In 2015, the U.K. included similar provisions in its Modern Slavery Act. Suppose you were about to buy a package of shrimp that promised to be sourced without slave labor. Would that affect your buying decision?

Most students will agree that they would rather by shrimp that was not produced using slave labor, but a more complex question is how much more are they willing to pay for this.

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3. Research: (a) In May, 2013 Hawaii became the second state to pass a Domestic Workers Bill of Rights. Find out if similar legislation is pending in your state.

A state-by-state summary of protections for domestic workers can be found here: http://www.nelp.org/content/uploads/2015/03/Home-Care-State-by-State.pdf Updated information for each state should be found, as several states are considering such legislation.

Research: (b) See what you can find out about efforts to organize caretakers and other domestic workers into unions.

There are many websites and articles about domestic workers. The website of the Domestic Worker’s Alliance is: http://www.domesticworkers.org/ Research: (c) Find out what A Convention Concerning Decent Work for Domestic Workers says and what countries have ratified this convention.

The convention sets forth rights for working conditions, pay and more: http://www.ilo.org/ilc/ILCSessions/100thSession/reports/provisionalrecords/WCMS_157836/lang--en/index.htm A list of countries that have ratified it is found here: http://wiego.org/informal-economy/ratification-countries-domestic-workersconvention-c189 4. How would you resolve the firearm dilemma? What legal issues should you consider?

This is another question that will likely lead to a variety of opinions. Legal issues need to consider both sides. What if someone gets hurt because of a worker’s firearm? What if a worker gets hurt and claims that it was due to not having a firearm?

Research: Has your state adopted laws that prohibit companies from banning firearms at work?

A summary of state laws can be found here: http://www.ehs-support.com/wp-content/uploads/State-laws-on-bringing-weaponson-employer-premises.pdf

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Research: Find a lawsuit challenging this law. How did the court rule?

For a full discussion of this issue, including cases, see: http://castle.eiu.edu/alsb/Archives/CurrentIssue/Legal%20Illustrations%20of%20Wor kplace%20Gun%20Laws-Final.pdf 5. Baystate Medical Center in Massachusetts adopted a policy requiring all employees to either get a flu shot or wear a facemask over their nose and mouth while on duty. Clarke refused the vaccination on the basis of her religious beliefs. When she failed to wear a mask, she was suspended. Who are the stakeholders in this scenario? Did Baystate act ethically? What are the conflicting legal interests at stake? How should they be resolved?

Students should discuss the conflict between patient safety and freedom of religion.

They should also consider alternative solutions to this dilemma that would allow the employee to keep her job but also protect patients from infection.

6. Would you be willing to pay more for products purchased through Amazon to improve pay and labor conditions for its warehouse workers? Research: Have current low-end working conditions improved at Amazon?

Complaints about working conditions in the warehouses continue. See, e.g., https://www.theguardian.com/technology/2016/dec/11/amazon-accused-of-intolerableconditions-at-scottish-warehouse

Ask students whether they would be willing to start paying for shipping if it meant better working conditions for Amazon.

7. In March 2016, fast-food workers in 19 cities complained to OSHA that at MacDonald’s, the hot oil, steamy grills, greasy slippery floors, understaffing and pressure to work faster created unreasonably dangerous working conditions.

The workers were in the midst of a campaign to increase their wages. Did they act ethically? Research: What can you find out about working conditions at fast food restaurants?

For more about the workers’ claims, see https://www.cnbc.com/2015/03/16/mcdonaldsconditions-are-hazardous-workers-claim.html.

OSHA has a page devoted to fast food worker safety: https://www.osha.gov/SLTC/youth/restaurant/index.html Ask students whether they are skeptical of the workers’ motives for complaining to OSHA. Ask students who have worked in the fast food industry to share their experiences.

8. In October 2015, workers at Hansae Vietnam, a plant from which Nike sourced its university logo goods, went on strike. When the Workers Rights Coalition

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(WRC) sought access so that a monitoring organization could conduct an onsite investigation, Nike balked—refusing to work with the WRC. According to WRC, worker health was endangered not only by the excessive heat on factory floors, but by reckless management practices: extremely high production quotas, forced overtime and insufficient rest breaks. Research: Find out what has become of this standoff between Nike and the WRC. What strategies for ending sweatshop labor does WRC advocate?

The WRC both inspects factories and keeps a database regarding working conditions. See http://www.workersrights.org/ Nike did not let WRC inspect the facilities, but took other steps to improve transparency. See http://www.huffingtonpost.com/entry/nike-labor-rightsvietnam_us_56d893f2e4b0000de403b7d0

Nike has since agreed to allow WRC monitoring, in part due to pressure from universities that have apparel deals with Nike: http://georgetownvoice.com/2017/08/30/georgetown-signs-new-nike-contract-afterensuring-wrc-monitoring-access/ 9. OSHA has recently warned that companies should not automatically subject employees to post-injury drug testing, but rather should limit drug tests to situations where drug abuse likely caused the incident. What reasons could be given to defend OSHA's advice? To object to it?

This rule protects worker privacy by limiting the instances in which drug tests might be administered. Drug tests in instances where drug use does not appear to be related grant the employer access to medical information that is not needed, but could lead to adverse employment decisions. Employers might want this information because they might not have reason to suspect the involvement of drug use, unless the test comes back positive. Drug use by employees affects the safety of fellow employees and customers.

10. The New York Times reported in 2015 on the nail salon business: respiratory and skin ailments are common among salon workers, and medical research links the chemicals used with serious health problems. Research: Find out if the media exposure has led to any improvements in the health and safety of these employees.

The news story led to a policy response by the governor: https://www.nytimes.com/2015/05/18/nyregion/cuomo-to-offer-2-measures-toimprove-conditions-in-the-nail-salon-industry.html?mcubz=0 State regulators in New York also increased enforcement efforts: https://www.nytimes.com/2016/03/01/nyregion/nail-salon-sweeps-in-new-yorkreveal-abuses-and-regulatory-challenges.html?mcubz=0

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