Case Study:
Taylor Diving and Salvage Company conducts commercial diving operations in deepwater ports in the United States from installations on the outer continental shelf and from Coast Guard-inspected vessels. The Coast Guard has traditionally monitored and regulated the commercial diving industry. Published Coast Guard regulations provide rules for the “design, construction, and use of equipment, and inspection, operation, and safety and health standards for commercial diving operations.” One Coast Guard regulation requires that diving companies create records whenever a diver is involved in an accident and that they retain those records for six months. In 1980, OSHA promulgated a Final Standard Regulating Access to Employee Medical Records. Under this standard, employers are required to maintain employee medical records and records of employee exposure to potentially toxic materials or harmful physical agents for 30 years. The standard provides for employee access to the records and for OSHA access so that the “detection, treatment and prevention of occupational disease may be improved.” Taylor and other diving companies asked a federal district court to rule that the OSHA standard is inapplicable to the diving industry because the preexisting Coast Guard regulations mandate similar recordkeeping and the Coast Guard is solely responsible for regulating occupational safety and health in the diving industry. The industry contended that it should not be burdened by dual regulation. Is there any basis for Taylor’s argument? If so, should Taylor prevail? Decide. [Taylor Diving and Salvage Co. v. Department of Labor, 13 OSHC 1111 (D.D.C.)
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.