Author: Michael Ehline - Employment Law

Construction Accident Liability Claims

The construction industry consists of building contractors, subcontractors, tradespeople, and laborers. The sites where construction takes place involves building equipment. Sometimes the equipment has a problem with it that makes it dangerous. So it often puts tradespeople and laborers at risk of job-related injuries. But when a worker gets injured at a construction site, the liability may rest with many parties. Examples include the employer, contractor or subcontractor.

But depending on the type of incident, there may be a third party liable for the damages like the people who sold the equipment. So this liability exists because in some cases the equipment or tools used are inferior. Therefore, they have a product defects issue. And in this case, liability may lie with the manufacturer of the equipment.

Construction related mishap Statistics are Sobering.

Stats are sobering. Construction-related accidents can occur on both large and small job sites. For instance, during 2014 the building participation rate remained 8.2%, according to the U.S. Department of Labor statistical data.

In 2012 the turnout was a small percentage higher, and during that time approximately 19.3% of workplace fatalities occurred within the construction industry.

These deaths are:

  • Electrocution: Electrocution deaths totaled 8.1% or 66 individual construction workers fatal injuries.
  • Struck by Object: Deaths caused by falling objects equated to 79 fatalities or 9.8%.
  • Falls: Falls contributed to the highest number of fatalities in the construction industry. There were 279 deaths or 34.6%.
  • Trapped: Construction workers deaths from being caught or trapped equaled 13 deaths or 1.6%.

Standard Construction Mishaps.

In the construction field, certain accidents are caused by:

  • Improper safety at the site.
  • Poor training.
  • Coworker incidences through unsafe job practices.
  • Debris at construction sites.
  • Dangerous equipment.
  • Defective equipment.
  • Scaffold incidences.

Workplace Safety.

Just like other industries construction sites can be dangerous and to help protect workers, there are rules and regulations for most work areas. The Department of Labor oversees the Occupational Safety and Health Act (OSHA) of 1970.

And it was enacted to ensure safety precautions are used at construction projects. Also, under this Act, the employer has specific obligations.  And accordingly, employees have individual rights.

OSHA Employer Obligations.

OSHA rules and regulations that employers must follow to ensure a safe work environment for workers include:

  • Making sure the job site is free from foreseeable hazards.
  • Educating the employees of OSHA safety and held standards that apply.
  • Displaying the OSHA Act official poster that describes the rights and responsibilities under the act.
  • Informing employees of the availability, existence, and location of medical and exposure records when first employed with an annual requirement to notify employees of these files. The employer must provide the documents upon request by the employee.
  • Making certain tools and equipment are in good condition and safe for use.
  • Written documentation should include a comprehensive hazard communication program. Also, covered items are employee training programs, material safety data, and container labeling.
  • Ensuring employees understand the language and that safety training gets conducted.

OSHA Employee Rights

Under the 1970 OSHA Act employees have certain rights that protect dangerous workplaces or security hazards.

These rights include:

  • Rules and Regulations: The employer should provide the employee with the appropriate copies of the standards, rules, and regulations, along with the employee requirements for the employee to review.
  • Request Inspections: For example, employees have a right under the act to apply to an OSHA area director. Next, they inspect the workplace if the employee believes some conditions violate the standards of the rules and regulations. Same goes for hazardous conditions. During this inspection, the employee can have an authorized employee accompany the OSHA compliance officer.
  • Name Withheld: The employee has the right to have their name withheld from the employer when making requests to OSHA in the event they sign and file a written complaint.
  • Retaliation: The employee is to be free from any retaliatory or discriminatory actions taken by the employer as a result of an OSHA complaint.
  • Medical Records: The employee should have access to proper employee exposure and medical records.
  • Testing: The employee should be provided with copies of testing done for possible hazards in the workplace.
  • Records: The employee has the right to review records of work-related illness and injuries.
Financial Compensation Remedies.

In some cases, those injured may be employees rather than independent subcontractors. But when employees get hurt, their only financial claim may be workers compensation. In other situations, it would go against the insurance company or employer.

In conclusion, the employee will not have the option to bring a lawsuit against the company since the worker’s compensation insurance is a viable option. But if the product maker was responsible, you could sue all in the chain of commerce.

Is It Legal For U.S. Marines to Use Hookers?

Marine Mike Ehline shooting
Michael Ehline is putting rounds down range.

It should be a no-brainer here. Marines are America’s most elite fighting force. Because of this, it attracts men and women who want to get in the fight. So you know if you join the Corps., it is likely you will see combat. So even if your primary M.O.S. is “Food Service Specialist,” you may fight.

Also, the people there are younger and more testosterone filled than the other branches. Of course, our sister services have SEALS, Rangers, and Berets, etc. But those are special units. Also, they are older than the average 19-year-old freshly graduated “Devildog” private.

Because of this, when young male Marines hit Oceanside, near Camp Pen, or get weekend liberty in Okinawa, they want sex. Most of all, they are looking for female attention. Furthermore, the fact he just barely started puberty makes this even truer.

Some people suggest that Marines could get hit with sexual assault charges easily. And we have seen this happen time and time again in Okinawa. So now we hear calls for Marines with the high libido to get prostitutes. But these calls are not from Marines; they are from the Mayor of Okinawa!

Legalities of Paid Sex Under the UCMJ

It seems like we need to address the legalities under the UCMJ of a Marine seeking out paid sex. After all, most women don’t just give it up unless there is a relationship that lasts longer than a port call.

According to reports at the Yokosuka Naval Base, Japan, the mayor of Osaka said something shocking on Monday.

  • He said U.S. service members should consider controlling their sexual energies by soliciting prostitutes.

The mayor’s suggestion did not impress a Marine commander in Okinawa. Toru Hashimoto, the co-leader of the Japan Restoration Party, visited the Marine Corps Air Station’s commander last month. Hashimoto told the commander that Marines should utilize Japan’s legalized sex industry. During the

Monday press video conference held in Osaka, he said in Japan there are places to release their energy legally. Hashimoto called the service members “wild Marines.” He said without using these facilities; it will be difficult to control the sexual energies of the Marines.

So, For Now, Brothels are Off Limits

Hashimoto told reporters that the commander had a bitter smile and said that brothels are off-limits to U.S. service members. In Japan Hashimoto is known for making controversial statements and told reporters that service members have a lot of energy since their missions place them in life-threatening situations. He said the service members need to think of a way to release the energy.

The Marine Corps officials were not available to comment on the issue at that time. Hashimoto made remarks about World War II and Japan’s use of “comfort women.”

  • He said the Japanese military used Chinese, Korean’s and other women for sex, which stymied international relations between Japan and other Asian countries.

The current right-wing leadership of the ruling Liberal Democratic Party is in discussions about if they should amend a 20-year-old government apology about forced prostitution. And that resulted in protests earlier in the year in both China and Korea. Monday Hashimoto said it was necessary at the time to have the comfort women system to maintain “discipline in the Japanese military, even if the women were forced to submit.

The Recreation and Amusement Association for U.S. troops was created after the end of World War II for service members to engage in prostitution. In 1946, after four months General Douglas MacArthur, who was in charge during the post-war Japan occupation ended the association.

Is It Illegal for Marines to Solicit Prostitutes?

The answer is yes! The Uniform Code of Military Justice makes service members subject to court-martial for the patronizing of prostitutes. The prostitutes were created post-war in a way that was within the law and found in “Soapland,” massage parlors and hostess bars.

In the Honcho neighborhood approximately 40 miles south of Tokyo at the Yokosuka Naval Base, multiple massage parlors are off-limits to service members. Also, they offer more than back rubs. Hidden within the neighborhood, are brothels occasionally are raided by the police.

But then they later show up in new locations. In some instances, military customers at massage parlors can become victims. And they have little official recourse. Two sailors told Stars and Stripes recently they were using massage parlors. These were located in the vicinity of Yokosuka Naval Base. Both these men had money stolen from their debit cards.

  • Theft

Under the guise of anonymity, one of the sailors stated one of the women removed his pants and his wallet with them. He said after returning from a months-long ship deployment he had $6,000 stolen from his debit card. Further, the sailor provided his military ID card to confirm his identity. But he wished to remain anonymous.

The sailor said it was an issue he would need to work out on his own since he is nearing retirement. Upon arriving in Japan at orientation briefings, U.S. service members are told that massage parlors and similar businesses are off-limits.

This message was repeated as a reminder in a Stars and Stripes query by Commander Naval Forces Japan spokesman Jon Nylander:

“The Navy does not condone patronizing prostitutes, massage parlors, Soaplands and any other manner of establishment that offers sexual services, as this is entirely against our core values of respect for persons, moral integrity and human dignity.”

According to the director of Polaris Project Japan Shihoko Fujiwara, a Toyko-based group, many of the women working within these businesses are victims of human trafficking. The team works with victims. Also, it runs a hotline for anyone seeking help.

Problems of Sex Trafficking.

Fujiwara said it’s a common misconception that all women in prostitution want to sell their bodies. He said it is not a victimless crime.
Fujiwara went on to state he understands what Hashimoto is saying. Also, human sex traffickers are smart and adapt.

So when trafficking women from Southeast Asia, they often use student and spousal visas. In the past they relied on visas for entertainers, Fujiwara said. Polaris has worked with victims. And they said you might get treated decently in the beginning.

But Fujiwara said this changes after the women get beaten. And then they get forced into sexual service. Fujiwara said that the victim might be smiling. Also, they appear to be providing sexual service voluntarily. So the customer seeking sexual services thinks it’s ok. But he said the women have no choice, but to bring money in or they will be homeless.

Potential Rape Charges and the Brig

So as seen above, Marines may need sex. But paying for a hooker pays for an underground sex slave industry. Also, it opens Marines up to assaults and theft at the brothel. Last, it opens up Marines to potential rape charges, not to mention STD’s. So I don’t know what the answer is. But Marine Corps Lore says Chesty Puller wanted dedicated beer machines and hookers for each barracks.

Ignoring that young warriors need sexual release could make things worse in the long run. Chesty seems to have realized this. When I had been stationed at Camp Pendleton, the drinking age on base was 17. So there are things soccer moms and left-wing politicians to need to understand. Furthermore, this is the only reason they are free. Because of these Marines, rough men stand ready to do violence on behalf of the weak.

In fact, this is the age of allowing men to marry men and men confused about their gender using female restrooms. So isn’t it time we let Marines pay for hookers? In particular, why not look at ways to sexually satisfy young people who could get killed in combat. After all, they are defending these new freedoms, right? Sound off.

Sources:

Interview with Rexford Early [9/30/2008] – Veteran’s History Project (Source.)

The 45 Most Badass Lines Ever Uttered in Real Life – Pinterest (Source.)

Osaka mayor: ‘Wild Marines’ should consider using prostitutes – Stars and Stripes (Source.)

Prostitution Illegal Under Pending UCMJ Changes – CWA (Source.)


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