Under Dennis' theory, 3M could stop protecting their employees from chemicals, and just post signs at their chemical production facilities that say:


"WARNING TO EMPLOYEES: Routine exposure to harmful chemicals ahead. You may die early of a crippling disease. But 3M assumes no responsibility for your early death from 3M chemicals."

The Occupational Health and Safety Administration was created for a reason. It works to ensure all American employees work in a healthy, safe environment. Under Dennis' construct, OSHA would no longer need to exist.

I would just point out that the general principles for protecting workers from second-hand smoke are, in fact, actually already in place.

Bob Spaulding
Downtown


On Mar 13, 2005, at 5:14 AM, Dennis Tester wrote:

Heh. I've got a simpler, more effective and cheaper way to resolve this issue, which frankly shouldn't even be considered a problem in the scheme of things.

Since it is not provable that people are "forced to work where they can find it not where they would like" and no court in the land would ever rule in that regard, your operating assumption is incorrect.

Consequently, establishments simply need to prominently post a sign within and outside the establishment that reads: SURGEON GENERAL'S WARNING: CIGARETTE SMOKE IS HARMFUL TO YOUR HEALTH. ENTER AT YOUR OWN RISK

The legal principle of Assumption of Risk kicks in and the patron, employee, or potential employee has been duly warned and accepts all associated responsibility for any health consequences that may befall them as a result of their presence there. This is the same principle that's used where establishments post "Warning: Wet Floor" signs to warn people to take caution lest they slip on a freshly mopped floor. It protects the customers and employees as well as the business owner from lawsuits from habitual "victims" who used to make a living from slipping and falling in public.

Simple, effective, and cheap. By the law of triple constraints, my idea wins.


Dennis Tester Mac-Groveland

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