Employment Law for Business 6th Edition by Dawn Bennett Alexander ,Laura Hartman

Exercise 14

General Dynamics manufactures M-1 Abrams tanks for the Department of Defense. The tanks have internal hydraulics that leak during assembly so the workers use a solvent called Trichloro to clean up spills. In its gaseous state, the solvent may cause serious illness or death. The manner in which the tank repairers performed the cleanups was essentially a matter of the cleaning team's discretion, except that the tanks be ventilated when using more than one pint of solvent since all tank repairmen were highly skilled. After a plant employee was overcome by fumes, and another died, OSHA issued a citation, claiming that General Dynamics violated the general duty clause. General Dynamics defended against the citation because it was acting in complete conformance with a separate OSHA section, which specifically set forth the limitations of employee exposure to Trichloro. Is General Dynamics free from responsibility under the general duty clause where it is in compliance with a more specific proscription? [ International Union, UAW v. General Dynamics Land Systems Division, 815 F.2d 1570 (DC. Cir. 1987).]