The lead repairman for the day shift had repeatedly


Employees were making repairs on a company's huge forging press using a gear-pulling device. The device had four large steel studs weighing nearly forty pounds each. A stud broke off during the repair operation, flew 121 feet, and struck an employee in the head. There had been two prior incidents in which studs had broken off and nearly injured workers, including supervisors, in the vicinity. The lead repairman for the day shift had repeatedly requested enhanced safety pre- cautions during repair operations, but the com- pany rejected these measures because they would have been too expensive or time-consuming. However, on another occasion, the company did take the lead repairman's suggestion that it post warning signs and cordon off the area. OSHA cited the company under the general duty clause. The company appealed the citation. What should the court decide? Why? (Caterpillar v. OSHRC, 122 F.3d 437 (7th Cir. 1997))

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Management Theories: The lead repairman for the day shift had repeatedly
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