Moeves Plumbing Case: An Analysis of Occupational Health and Safety

This case study examines the occupational health and safety violations at Moeves Plumbing, focusing on the death of plumber apprentice Patrick Walters due to unsafe working conditions. The report details the company's history of safety violations, including prior warnings from the Occupational ...Read More

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Health and Safety at workplace

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Executive summary
The report is based on the concept of occupational health and safety as far as the safety and
security of the employees in terms of the work environment is concerned. It also implies the
case study regarding the death of the worker Patrick Walters as a result of the wilful
negligence on part of the company Moeves Plumbing is concerned thereby not adhering to
the norms related to Occupational Health and Safety.

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Table of Contents
Introduction................................................................................................................................4
History of the organisation.........................................................................................................4
Case analysis..............................................................................................................................4
Argument....................................................................................................................................5
Ethical decision making and theories.........................................................................................5
Analysis of ethical decisions and theories.................................................................................6
Conclusion..................................................................................................................................7
Reference List............................................................................................................................8

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Introduction
The main aim of the report is to present and overview of a case study pertaining to
Occupational Health and Safety in which the company is to be sued in the court of competent
jurisdiction as far as the providing of a comprehensive solution to the aggrieved party is
concerned. The company which is to be held liable is Moeves Plumbing as far as
Occupational Health and Safety is concerned. The issues is prevalent in the aspect pertaining
to the plumber apprentice Patrick Walters being succumbed to death as a result of the heavy
mud while carrying out works related to the installation of a pipe at a trench measuring upto
ten feet. The issue in terms of Occupational Health and Safety is of great importance since it
implies the safety and security of the employees engaged in various kinds of tasks which may
prove to be hazardous and eventually fatal if the appropriate steps and precautions on part of
the employer are not undertaken in the desired manner. The case would be discussed and
demonstrated in the desired manner with regard to the compensation for Patrick Walters in
the desired manner along with the ethics involved in the case.
History of the organisation
The company Moeves Plumbing had been set up and established with regard to the carrying
out of various kinds of activities related to plumbing. It was primarily based in Fairfield, a
city in the American state of Ohio. It had been infamous for the death of it workers at an
alarming level which had ultimately shook the whole nation. The Occupational Health and
Safety Administration had also received numerous complaints against the company as far as
the fatalities and injuries of the workers involved in the activities are concerned. As a result,
it was forced to shut down accordingly there by ceasing its operations on a permanent basis.
There has also been a history of such kind of deaths for the workers of Moeves Plumbing to a
huge extent thereby leading to the contravention of the laws and regulations related to the
health and safety at the workplace (Schulte et al., 2017). It is also imperative that the basic
ethics with regard to the conducting and undertaking of activities related to business have
also been breached by Moeves Plumbing to a large extent. As a result, it is imperative that the
company Moeves Plumbing lacked the aspect of Corporate Governance.

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Case analysis
The case involves the death of a young plumber apprentice Patrick Walters who died as a
result of the accident with regard to the unsafe work conditions provided by the company
Moeves Plumbing. It involves the acting in contravention of the legislations and policies
relating to Occupational Health and Safety by the company Moeves Plumbing. It also implies
the flouting of the norms and standards pertaining to the aspect of Occupational Health and
Safety by the company Moeves Plumbing despite being warned by the Occupational Health
and Safety Administration as a result of the receipt of complaints to a huge level
(Cunningham and Sinclair, 2015). Two weeks prior to the incident, an order was made by
Charles Shelton, an official belonging to the Occupational Health and Safety Administration
to stop the work related to the digging of the trench is it was not considered to be safe as far
as the aspect of Occupational Health and Safety is concerned (Flynn Eggerth, and Jacobson
Jr, 2015). Such an order was made in response of the complaint relating to the unsafe
conditions. Many of the workers including Patrick Walters had been interviewed by Charles
Shelton in which it was reported that the company turned deaf ears to the grievances of the
workers thereby threatening them to be dismissed for making such kinds of requests with
regard to the adherence to the laws of the Occupational Health and Safety in a considerable
manner. Such an act on part of the company Moeves Plumbing implies the violation of the
regulations of Occupational Health and Safety in a deliberate manner by rendering it as a
company which is unsafe to work for. There has a been a laxity in the execution of the rules
relating to health and safety on part of Moeves Plumbing to a massive extent as far as trench
digging is concerned.
Argument
It is observed that the company Moeves Plumbing had acted in breach of the Occupational
Health and Safety laws thereby resulting in fatalities and grievous injuries to the workers. As
a result, they had to close down their business activities after being fined one hundred and
fifty thousand dollars by the Occupational Health and Safety Administration. Even though,
the fine of such a hefty amount has been imposed, the proceedings against the company are
still to be initiated. As a result, it is imperative that Linda Moeves, the owner of the company
Moeves Plumbing must be prosecuted for the violation of the norms related to Occupational
Health and Safety. The health and safety standards at the federal level imply that a workplace
must not pose risks to the employees that are hazardous in nature. The Occupational Health

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and Safety Act of 1970 are applicable in this matter (Chari et al., 2018). The court of
competent jurisdiction must delve into the merits of the case with reference to the situation of
Patrick Walters. Compensation must be awarded to the parents of Patrick Walters as decided
by the court of competent jurisdiction in consideration of the damages caused by the
company Moeves Plumbing. The criminal charges must be framed against Linda Moeves
with reference to the death of the workers during the course of carrying out of work for the
company. Prior to the death of Patrick Walters, it was way back in 1989 that Clint Daley, a
worker for Moeves Plumbing died in the same manner. Prior to such kind of incident, the
company had been summoned and warned accordingly for three times on a yearly basis in
1985, 1986 and 1987 with regard to the violation of standards in terms of maintenance of the
safety measures in the trenches (Nordlöf et al., 2018).
Ethical decision making and theories
The aspect relating to ethical decision making implies the fostering of trust and responsibility
with regard to the undertaking of any duty or obligation as far as due diligence is concerned.
Taking account of the facts of the case, it is implied that the company Moeves Plumbing has
expressed utter disregard for the well being of its workers taking account of the instances
relating to the fatalities of the workers during the course of carrying out the activities in the
trenches which have unsafe working conditions (Filip et al., 2016). As a result, the ethics
have not been followed by the company Moeves Plumbing in terms of ensuring the health
and safety of the workers. Such an act on part of the company Moeves Plumbing is quite
unethical in nature since despite being repeatedly flagged by Occupational Health and Safety
Administration, it did not pay any heed to such warnings with regard to the maintenance of
the norms and standards in order to ensure the health and safety of the workers (Chughtai,
2015). It also implies wilful negligence on part of Moeves Plumbing to a huge extent. The
due care of an individual has also not been undertaken by the company Moeves Plumbing.
The theories relating to ethics imply utilitarianism, deontology, virtues and entitlements. Such
theories are applied in accordance to their viability along with the situation concerned thereby
implying the ethical aspects in terms of the instance or the event in question. The theory
relating to deontological ethics implies that the duties and obligations are to be fulfilled in the
desired manner as far as compliance with ethics is concerned accordingly. It would help in
the arriving at conclusion while making decisions in an ethical manner (Camuffo, De Stefano
and Paolino, 2017). The theory related to utilitarianism implies that the satisfaction of people

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should be at the maximum level for most of the people as far as the scenario are concerned. It
also implies the concept of ethics to a considerable extent as far as the making of the
decisions is concerned. With regard to entitlements, the rights granted by the society are to be
protected and safeguarded accordingly by the virtue of the application of the ethics in the
desired manner. Taking account of the aspect related to virtues, the values are to be applied
and followed accordingly as far as the making of decision relating to ethics is concerned.
Analysis of ethical decisions and theories
The ethical aspects which have been utilized in order to frame the argument as aforesaid
imply the not taking of due care on part of Moeves Plumbing in terms of the ensuring of the
health and safety of the workers as far as the application of the relevant laws and frameworks
pertaining to Occupational Health and Safety are concerned. The necessary steps and
measures for the same have not been taken at all by the company Moeves Plumbing thereby
implying the blatant violation of ethics as far as the making of decisions in the desired
manner is concerned. It is also implied that the approach relating to the comprehensive
solution to be provided to workers like Patrick Walters has been taken into consideration
thereby implying the ethical decision to be undertaken in the desired manner on part of
companies such as Moeves Plumbing (Feng et al., 2018). The ethics have not been adhered to
by Moeves Plumbing taking account of the facts of the case. It is further imperative that in
terms of humanity, the basic ethics are to be followed with reference to the making of the
decision in the desired manner as far as the facts of the case are concerned.
The theory of deontological ethics can be applied since the duties and obligations of Moeves
Plumbing have been blatantly breached in terms of Occupational Health and Safety as far as
the undertaking of the decisions are concerned with reference to the well being of the workers
(Kelloway, Nielsen and Dimoff, 2017). The theory of utilitarianism with regard to the
compliance with ethics is also imperative in this matter since there is no maximisation of the
satisfaction amongst the majority of the people as far as the plight of the workers and their
families are concerned. The theory of ethics with regard to rights imply that as per the facts
and circumstances of the case, the basic human rights and civil liberties of the workers have
been violated to a massive extent as far as the concept of safe work environment is concerned
taking into consideration the risks posed by occupational hazards. The thery in terms of
virtues imply that the basic values and norms in terms of health and safety have not been
followed by Moeves Plumbing to a great extent taking account of the events which imply the

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death of the workers and the reports made by the Occupational Health and Safety
Administration.
Conclusion
Taking account of the aforesaid discourse, it can be deduced by stating that the concept of
Occupational Health and Safety has been justified and appropriate. In this matter, the case
study with regard to the death of Patrick Williams during the course of the carrying out of
work for the company Moeves Plumbing at the trench which is below the standards of health
and safety as observed by the Occupational Health and Safety Administration. The aspect
related to the filing of a suit against the owner of the company Linda Moeves at the court of
competent jurisdiction with regard to criminal prosecution has also been suggested
accordingly even though the company has closed down. The theories in terms of the making
of decisions in an ethical manner have also been discussed and demonstrated in the desired
manner as far as the facts of the provided scenario are concerned. The aspect pertaining to
breach of the laws relating to the Occupational Health and Safety have also been analysed as
far the actions relating to wilful negligence by Moeves Plumbing is concerned. In a nutshell,
the concept of health and safety has been taken into consideration in the desired manner.

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Reference List
Camuffo, A., De Stefano, F. and Paolino, C., 2017. Safety reloaded: lean operations and high
involvement work practices for sustainable workplaces. Journal of Business Ethics, 143(2),
pp.245-259.
Chari, R., Chang, C.C., Sauter, S.L., Sayers, E.L.P., Cerully, J.L., Schulte, P., Schill, A.L.
and Uscher-Pines, L., 2018. Expanding the paradigm of occupational safety and health: a new
framework for worker well-being. Journal of occupational and environmental
medicine, 60(7), pp.589-593.
Chughtai, A.A., 2015. Creating safer workplaces: The role of ethical leadership. Safety
science, 73, pp.92-98.
Cunningham, T.R. and Sinclair, R., 2015. Application of a model for delivering occupational
safety and health to smaller businesses: case studies from the US. Safety science, 71, pp.213-
225.
Feng, J., Zhang, Y., Liu, X., Zhang, L. and Han, X., 2018. Just the right amount of ethics
inspires creativity: A cross-level investigation of ethical leadership, intrinsic motivation, and
employee creativity. Journal of Business Ethics, 153(3), pp.645-658.
Filip, I., Saheba, N., Wick, B. and Amir Radfar, M.D., 2016. Morality and ethical theories in
the context of human behavior. Ethics & Medicine, 32(2), p.83.
Flynn, M.A., Eggerth, D.E. and Jacobson Jr, C.J., 2015. Undocumented status as a social
determinant of occupational safety and health: The workers’ perspective. American journal of
industrial medicine, 58(11), pp.1127-1137.
Kelloway, E.K., Nielsen, K. and Dimoff, J.K. eds., 2017. Leading to occupational health and
safety: How leadership behaviours impact organizational safety and well-being.New Jersey:
John Wiley & Sons.
Nordlöf, H., Wiitavaara, B., Högberg, H. and Westerling, R., 2017. A cross-sectional study of
factors influencing occupational health and safety management practices in companies. Safety
science, 95, pp.92-103.

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Schulte, P.A., Cunningham, T.R., Nickels, L., Felknor, S., Guerin, R., Blosser, F., Chang,
C.C., Check, P., Eggerth, D., Flynn, M. and Forrester, C., 2017. Translation research in
occupational safety and health: A proposed framework. American journal of industrial
medicine, 60(12), pp.1011-1022.