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    – ## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx – ## UnitVIStudyGuide.pdf – UnitVIIStudyGuide.pdf **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx** 2 Corporate Finance ECO 6301 Unit VII Scholarly Activity This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5. You w…

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    Assignment Prompt & Instructions

    – ## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx

    – ## UnitVIStudyGuide.pdf

    – UnitVIIStudyGuide.pdf

    **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx**

    2

    Corporate Finance ECO 6301

    Unit VII Scholarly Activity

    This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5.

    You will use the multinational corporation (MNC) you researched in Unit VI for this assignment.

    The purpose of this scholarly activity is to continue to analyze fundamental aspects of corporate finance management in multinational corporations. You will examine supply chains and working capital management and make recommendations for financial decisions. Include the following components in your assignment:

    1. Analyze supply chains and working capital management:

    · Describe the company’s supply chain management strategy.

    · Analyze the financing policies used by the MNC for its current assets.

    · Analyze the goals of the company’s inventory management.

    2. Examine multinational financial management:

    · Discuss recent stock distributions through dividends or repurchases.

    · Enumerate reasons why the MNC decided to go global.

    · Illustrate any significant transactions the MNC has had between countries with different currencies.

    · Discuss challenges the MNC faces with floating exchange rates and its management strategies.

    · Analyze the relationships the MNC has with inflation, interest rates, and exchange rates.

    3. Make recommendations:

    · Based on your analysis, provide two to three recommendations for the MNC’s future financial decisions in the context of global operations.

    Compile your scholarly activity into a written paper, ensuring it is well-structured and professionally presented. Your assignment should be at least three pages in length. You are required to use at least two sources, at least two of which must come from the CSU Online Library.

    Adhere to APA Style when creating citations and references for this assignment. Please note that no abstract is needed.

    This
    formal paper example provided by the CSU Writing Center shows this type of formatting.

    The
    Find Company & Industry Resources LibGuide in the CSU Online Library is a great place to start your research.

    **## UnitVIStudyGuide.pdf**

    FIN 6301, Corporate Finance 1

    Course Learning Outcomes for Unit VI

    At the end of this unit, you should be able to:

    5. Recommend financial planning techniques to determine corporate value.
    5.4 Discuss stock distributions through dividends or repurchases.
    5.5 Examine capital structure decisions in a corporation.

    Required Unit Resources

    Chapter 14: Distributions to Shareholders: Dividends and Repurchases (ULO 5.4) You are not
    required to read the Summary, Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand the distributions to shareholders through dividends and
    repurchases. First, we identify the two ways for a company to return cash to its stockholders. We explain
    the procedures for cash distributions, the impact of cash distributions on value of the organization, and
    the reasons for companies to maintain steady dividend growth. Next, we appraise the residual
    distributions model’s implementation in practice, predict the impact of distributions on a company’s
    intrinsic value, and compare the pros and cons of dividends and repurchases. Finally, we summarize the
    impact of asymmetric information on distribution decisions and analyze stock splits and stock dividends.

    Chapter 15: Capital Structure Decisions (ULO 5.5) You are not required to read the Summary,
    Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand capital structure decisions. First, we discuss links among
    capital structure, weighted average cost of capital (WACC), and the value of operations. We define and
    differentiate business risk and financial risk. Next, we compare Modigliani and Miller capital structure
    models and assess trade-off theory of capital structure. We evaluate results of empirical tests of capital
    structure theories and estimate the optimal capital structure. Finally, we discuss recapitalization and
    choose an appropriate maturity structure for a company’s debt.

    Unit Lesson

    Lesson: Maximizing Shareholder Value: A Deep Dive into Cash Distributions and Capital
    Decisions (ULOs 5.4 and 5.5)

    In the realm of corporate finance, how a company manages its resources can be a barometer of its health,
    potential, and strategic direction. Understanding the nuances of cash distributions and capital structure
    decisions is not only beneficial for financial practitioners, but for anyone interested in gaining insights into the
    intricacies of business strategy. Let us embark on this enlightening journey together.

    Cash Distributions – The Interplay of Dividends and Repurchases in Corporate Finance

    Understanding these strategies can equip you with valuable tools for your financial management toolkit, both
    as an investor and as a business leader. In line with our Unit Learning Objective 5.4, this lesson will help you
    identify and understand the two main ways that companies return cash to stockholders: dividends and stock
    repurchases.

    UNIT VI STUDY GUIDE
    Cash Distributions and
    Capital Structure

    FIN 6301, Corporate Finance 2

    UNIT x STUDY GUIDE
    Title

    The Essence of Cash Distributions

    Cash distributions serve as a significant way companies return value to shareholders. They represent not just
    a sharing of profits but also a strategic business decision that has implications for a company’s market value
    and investor relations.

    • Dividends: A share of the company’s earnings is paid out to shareholders. Typically, larger, more
    established companies pay dividends as a way to distribute excess profits.

    • Stock repurchases: Also known as buybacks is when a company repurchases its own shares from
    the marketplace, reducing the number of outstanding shares. This action can often boost the stock
    price (Accountinguide, n.d.).

    Dividends Versus Stock Repurchases: A Comparison

    Both dividends and repurchases have their merits and drawbacks, and the choice between them often
    depends on the company’s financial strategy.

    For an investor, understanding a company’s approach to dividends and repurchases can provide insights into
    the company’s financial health and growth potential. For example, a startup might not offer dividends because
    it is reinvesting all profits for growth, whereas a well-established firm like Apple regularly offers both dividends
    and stock buybacks (Apple, n.d.).

    The Residual Distributions Model

    This model argues that distributions should be the residual or leftover earnings after all other operating and
    expansion expenses have been met. Essentially, only if the firm has extra cash after covering all its bases
    should it consider distributing cash to shareholders. This model is often debated among financial experts due
    to its conservative stance on distributions.

    Asymmetric Information and Distributions

    In a market where all information is not readily available to all parties, companies use dividends and
    repurchases as a signaling mechanism. For instance, a sudden dividend increase can signal confidence from
    the management in the company’s future prospects.

    Dividend Pros:
    • Stable and predictable for investors
    • Seen as a sign of financial health

    Dividend Cons:
    • Tax implications for the shareholder
    • May indicate the company does not have better investment opportunities

    Stock Repurchase Pros:
    • More flexible for the company
    • Can be more tax-efficient for shareholders

    Stock Repurchase Cons:
    • Can be seen as a short-term strategy
    • Does not guarantee an increase in stock price

    FIN 6301, Corporate Finance 3

    UNIT x STUDY GUIDE
    Title

    Stock Splits and Stock Dividends

    These are other ways companies return value but do not necessarily involve cash. Stock splits increase the
    number of shares, making them more affordable, while stock dividends give shareholders more shares
    instead of cash (Walther, 2021).

    Cash distributions are not merely financial transactions but strategic moves that reflect a company’s overall
    health and long-term plans. Understanding the various methods and their implications can help investors
    make informed decisions and managers steer their companies effectively.

    Navigating Capital Structure Decisions

    Now, let’s take you on a journey through the intricate world of capital structure decisions, one of the pillars of
    corporate finance. With a keen focus on Unit Learning Objective 5.5, we aim to provide a comprehensive
    understanding of how companies make financing choices and the theoretical and empirical frameworks that
    guide these decisions.

    The Essence of Capital Structure

    Capital structure refers to the combination of a firm’s various sources of financing, typically debt and equity.
    The significance of capital structure is that it directly impacts a company’s risk, value, and potential to provide
    returns to its stakeholders.

    • Capital structure and value: The mix of debt and equity can influence a company’s weighted average
    cost of capital (WACC) and, consequently, its overall valuation.

    • Risks involved: Leveraging, or using borrowed funds, can amplify returns, but it comes with its own
    set of risks, which leads us to our next point.

    An important part of this is dissecting business and financial risks:

    Theoretical Foundations: Modigliani and Miller Propositions

    M&M Propositions, established by Franco Modigliani and Merton Miller, are seminal in the study of capital
    structure (Brigham & Erhardt, 2024).

    Business Risk

    •The inherent risk in a firm's operations, business
    risk is the uncertainty of the firm's operating
    income due to factors like demand variability, price
    fluctuations, and changes in production costs.

    Financial Risk

    •This arises from the use of debt in a firm’s capital
    structure. The higher the debt, the greater the
    financial risk, as the firm commits to fixed interest
    payments irrespective of its profit levels.

    FIN 6301, Corporate Finance 4

    UNIT x STUDY GUIDE
    Title

    • Proposition I: In an environment without taxes, bankruptcy costs, and asymmetric information, a firm’s
    value is unaffected by its financing mix.

    • Proposition II: In the same environment, a firm’s cost of equity rises as it increases the proportion of
    debt in its structure.

    These propositions provide an academic backdrop, but, in the real world, imperfections like taxes and
    bankruptcy costs exist (Brigham & Erhardt, 2024).

    The Trade-Off Theory

    The trade-off theory posits that firms strike a balance between the tax advantages of debt and the bankruptcy
    costs of debt. There is an optimal level of debt that maximizes firm value (McCall, 2019).

    Empirical Tests and Optimal Capital Structure

    While theories provide frameworks, empirical studies have sought to find an optimal capital structure in
    practice. These studies often involve analyzing data from various industries and geographies to find common
    patterns or variations.

    The Process of Recapitalization

    Recapitalization involves changing the equity and debt ratio of a firm’s capital structure, usually to make the
    firm’s capital structure more stable or to boost the stock price (CFI Team, n.d.).

    Debt Maturity Structures

    The length of time until a debt becomes due can vary. Choosing the appropriate maturity structure for a
    company’s debt can greatly influence liquidity, risk, and company valuation.

    Capital structure decisions are multifaceted, blending theory, empirical evidence, and strategy. As future
    financial leaders or informed investors, understanding these complexities can be a powerful asset. Dive deep
    into the subsequent materials, engage in discussions, and remember that these lessons have real-world
    implications in boardrooms around the globe.

    References

    Accountinguide (n.d.). Stock repurchase. https://accountinguide.com/stock-repurchase

    Apple. (n.d.). Dividend history. https://investor.apple.com/dividend-history/default.aspx

    Brigham, E. F., & Ehrhardt, M. C. (2024). Financial management: Theory & practice (17th ed.). Cengage

    Learning. https://online.vitalsource.com/#/books/9780357714607

    Brusov, P., & Filatova, T. (2023, February). Capital structure theory: Past, present, future. Mathematics

    (2227-7390), 11(3), 616.
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=161857380&site=ehost-live&scope=site

    CFI Team. (n.d.). Recapitalization: A change in a company’s equity and debt mixture. Corporate Finance

    Institute. https://corporatefinanceinstitute.com/resources/equities/recapitalization

    Mazanec, J. (2023, May). Capital structure and corporate performance: an empirical analysis from central

    Europe. Mathematics (2227-7390), 11(9).
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=163694355&site=ehost-live&scope=site

    FIN 6301, Corporate Finance 5

    UNIT x STUDY GUIDE
    Title

    McCall, J. (2019). What is a trade-off model of capital structure. Capital.com. https://capital.com/trade-off-
    model-of-capital-structure-definition

    Walther, L. M. (2021, October 20). Stock splits and stock dividends. In Principles of accounting.com.

    CreateSpace. https://www.principlesofaccounting.com/chapter-14/splits-and-dividends

    Suggested Unit Resources

    Article: Capital Structure and Corporate Performance: An Empirical Analysis from Central Europe
    (Optional)
    This article looks at estimating business performance using indicators describing capital structure and
    asset structure (18 pages).

    Article: Capital Structure Theory: Past, Present, Future (Optional)
    This article analyzes existing theories of capital structure, including advantages and disadvantages, to
    review problems associated with management decision-making (30 pages).

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

    **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx**

    2

    Corporate Finance ECO 6301

    Unit VII Scholarly Activity

    This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5.

    You will use the multinational corporation (MNC) you researched in Unit VI for this assignment.

    The purpose of this scholarly activity is to continue to analyze fundamental aspects of corporate finance management in multinational corporations. You will examine supply chains and working capital management and make recommendations for financial decisions. Include the following components in your assignment:

    1. Analyze supply chains and working capital management:

    · Describe the company’s supply chain management strategy.

    · Analyze the financing policies used by the MNC for its current assets.

    · Analyze the goals of the company’s inventory management.

    2. Examine multinational financial management:

    · Discuss recent stock distributions through dividends or repurchases.

    · Enumerate reasons why the MNC decided to go global.

    · Illustrate any significant transactions the MNC has had between countries with different currencies.

    · Discuss challenges the MNC faces with floating exchange rates and its management strategies.

    · Analyze the relationships the MNC has with inflation, interest rates, and exchange rates.

    3. Make recommendations:

    · Based on your analysis, provide two to three recommendations for the MNC’s future financial decisions in the context of global operations.

    Compile your scholarly activity into a written paper, ensuring it is well-structured and professionally presented. Your assignment should be at least three pages in length. You are required to use at least two sources, at least two of which must come from the CSU Online Library.

    Adhere to APA Style when creating citations and references for this assignment. Please note that no abstract is needed.

    This
    formal paper example provided by the CSU Writing Center shows this type of formatting.

    The
    Find Company & Industry Resources LibGuide in the CSU Online Library is a great place to start your research.

    **## UnitVIStudyGuide.pdf**

    FIN 6301, Corporate Finance 1

    Course Learning Outcomes for Unit VI

    At the end of this unit, you should be able to:

    5. Recommend financial planning techniques to determine corporate value.
    5.4 Discuss stock distributions through dividends or repurchases.
    5.5 Examine capital structure decisions in a corporation.

    Required Unit Resources

    Chapter 14: Distributions to Shareholders: Dividends and Repurchases (ULO 5.4) You are not
    required to read the Summary, Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand the distributions to shareholders through dividends and
    repurchases. First, we identify the two ways for a company to return cash to its stockholders. We explain
    the procedures for cash distributions, the impact of cash distributions on value of the organization, and
    the reasons for companies to maintain steady dividend growth. Next, we appraise the residual
    distributions model’s implementation in practice, predict the impact of distributions on a company’s
    intrinsic value, and compare the pros and cons of dividends and repurchases. Finally, we summarize the
    impact of asymmetric information on distribution decisions and analyze stock splits and stock dividends.

    Chapter 15: Capital Structure Decisions (ULO 5.5) You are not required to read the Summary,
    Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand capital structure decisions. First, we discuss links among
    capital structure, weighted average cost of capital (WACC), and the value of operations. We define and
    differentiate business risk and financial risk. Next, we compare Modigliani and Miller capital structure
    models and assess trade-off theory of capital structure. We evaluate results of empirical tests of capital
    structure theories and estimate the optimal capital structure. Finally, we discuss recapitalization and
    choose an appropriate maturity structure for a company’s debt.

    Unit Lesson

    Lesson: Maximizing Shareholder Value: A Deep Dive into Cash Distributions and Capital
    Decisions (ULOs 5.4 and 5.5)

    In the realm of corporate finance, how a company manages its resources can be a barometer of its health,
    potential, and strategic direction. Understanding the nuances of cash distributions and capital structure
    decisions is not only beneficial for financial practitioners, but for anyone interested in gaining insights into the
    intricacies of business strategy. Let us embark on this enlightening journey together.

    Cash Distributions – The Interplay of Dividends and Repurchases in Corporate Finance

    Understanding these strategies can equip you with valuable tools for your financial management toolkit, both
    as an investor and as a business leader. In line with our Unit Learning Objective 5.4, this lesson will help you
    identify and understand the two main ways that companies return cash to stockholders: dividends and stock
    repurchases.

    UNIT VI STUDY GUIDE
    Cash Distributions and
    Capital Structure

    FIN 6301, Corporate Finance 2

    UNIT x STUDY GUIDE
    Title

    The Essence of Cash Distributions

    Cash distributions serve as a significant way companies return value to shareholders. They represent not just
    a sharing of profits but also a strategic business decision that has implications for a company’s market value
    and investor relations.

    • Dividends: A share of the company’s earnings is paid out to shareholders. Typically, larger, more
    established companies pay dividends as a way to distribute excess profits.

    • Stock repurchases: Also known as buybacks is when a company repurchases its own shares from
    the marketplace, reducing the number of outstanding shares. This action can often boost the stock
    price (Accountinguide, n.d.).

    Dividends Versus Stock Repurchases: A Comparison

    Both dividends and repurchases have their merits and drawbacks, and the choice between them often
    depends on the company’s financial strategy.

    For an investor, understanding a company’s approach to dividends and repurchases can provide insights into
    the company’s financial health and growth potential. For example, a startup might not offer dividends because
    it is reinvesting all profits for growth, whereas a well-established firm like Apple regularly offers both dividends
    and stock buybacks (Apple, n.d.).

    The Residual Distributions Model

    This model argues that distributions should be the residual or leftover earnings after all other operating and
    expansion expenses have been met. Essentially, only if the firm has extra cash after covering all its bases
    should it consider distributing cash to shareholders. This model is often debated among financial experts due
    to its conservative stance on distributions.

    Asymmetric Information and Distributions

    In a market where all information is not readily available to all parties, companies use dividends and
    repurchases as a signaling mechanism. For instance, a sudden dividend increase can signal confidence from
    the management in the company’s future prospects.

    Dividend Pros:
    • Stable and predictable for investors
    • Seen as a sign of financial health

    Dividend Cons:
    • Tax implications for the shareholder
    • May indicate the company does not have better investment opportunities

    Stock Repurchase Pros:
    • More flexible for the company
    • Can be more tax-efficient for shareholders

    Stock Repurchase Cons:
    • Can be seen as a short-term strategy
    • Does not guarantee an increase in stock price

    FIN 6301, Corporate Finance 3

    UNIT x STUDY GUIDE
    Title

    Stock Splits and Stock Dividends

    These are other ways companies return value but do not necessarily involve cash. Stock splits increase the
    number of shares, making them more affordable, while stock dividends give shareholders more shares
    instead of cash (Walther, 2021).

    Cash distributions are not merely financial transactions but strategic moves that reflect a company’s overall
    health and long-term plans. Understanding the various methods and their implications can help investors
    make informed decisions and managers steer their companies effectively.

    Navigating Capital Structure Decisions

    Now, let’s take you on a journey through the intricate world of capital structure decisions, one of the pillars of
    corporate finance. With a keen focus on Unit Learning Objective 5.5, we aim to provide a comprehensive
    understanding of how companies make financing choices and the theoretical and empirical frameworks that
    guide these decisions.

    The Essence of Capital Structure

    Capital structure refers to the combination of a firm’s various sources of financing, typically debt and equity.
    The significance of capital structure is that it directly impacts a company’s risk, value, and potential to provide
    returns to its stakeholders.

    • Capital structure and value: The mix of debt and equity can influence a company’s weighted average
    cost of capital (WACC) and, consequently, its overall valuation.

    • Risks involved: Leveraging, or using borrowed funds, can amplify returns, but it comes with its own
    set of risks, which leads us to our next point.

    An important part of this is dissecting business and financial risks:

    Theoretical Foundations: Modigliani and Miller Propositions

    M&M Propositions, established by Franco Modigliani and Merton Miller, are seminal in the study of capital
    structure (Brigham & Erhardt, 2024).

    Business Risk

    •The inherent risk in a firm's operations, business
    risk is the uncertainty of the firm's operating
    income due to factors like demand variability, price
    fluctuations, and changes in production costs.

    Financial Risk

    •This arises from the use of debt in a firm’s capital
    structure. The higher the debt, the greater the
    financial risk, as the firm commits to fixed interest
    payments irrespective of its profit levels.

    FIN 6301, Corporate Finance 4

    UNIT x STUDY GUIDE
    Title

    • Proposition I: In an environment without taxes, bankruptcy costs, and asymmetric information, a firm’s
    value is unaffected by its financing mix.

    • Proposition II: In the same environment, a firm’s cost of equity rises as it increases the proportion of
    debt in its structure.

    These propositions provide an academic backdrop, but, in the real world, imperfections like taxes and
    bankruptcy costs exist (Brigham & Erhardt, 2024).

    The Trade-Off Theory

    The trade-off theory posits that firms strike a balance between the tax advantages of debt and the bankruptcy
    costs of debt. There is an optimal level of debt that maximizes firm value (McCall, 2019).

    Empirical Tests and Optimal Capital Structure

    While theories provide frameworks, empirical studies have sought to find an optimal capital structure in
    practice. These studies often involve analyzing data from various industries and geographies to find common
    patterns or variations.

    The Process of Recapitalization

    Recapitalization involves changing the equity and debt ratio of a firm’s capital structure, usually to make the
    firm’s capital structure more stable or to boost the stock price (CFI Team, n.d.).

    Debt Maturity Structures

    The length of time until a debt becomes due can vary. Choosing the appropriate maturity structure for a
    company’s debt can greatly influence liquidity, risk, and company valuation.

    Capital structure decisions are multifaceted, blending theory, empirical evidence, and strategy. As future
    financial leaders or informed investors, understanding these complexities can be a powerful asset. Dive deep
    into the subsequent materials, engage in discussions, and remember that these lessons have real-world
    implications in boardrooms around the globe.

    References

    Accountinguide (n.d.). Stock repurchase. https://accountinguide.com/stock-repurchase

    Apple. (n.d.). Dividend history. https://investor.apple.com/dividend-history/default.aspx

    Brigham, E. F., & Ehrhardt, M. C. (2024). Financial management: Theory & practice (17th ed.). Cengage

    Learning. https://online.vitalsource.com/#/books/9780357714607

    Brusov, P., & Filatova, T. (2023, February). Capital structure theory: Past, present, future. Mathematics

    (2227-7390), 11(3), 616.
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=161857380&site=ehost-live&scope=site

    CFI Team. (n.d.). Recapitalization: A change in a company’s equity and debt mixture. Corporate Finance

    Institute. https://corporatefinanceinstitute.com/resources/equities/recapitalization

    Mazanec, J. (2023, May). Capital structure and corporate performance: an empirical analysis from central

    Europe. Mathematics (2227-7390), 11(9).
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=163694355&site=ehost-live&scope=site

    FIN 6301, Corporate Finance 5

    UNIT x STUDY GUIDE
    Title

    McCall, J. (2019). What is a trade-off model of capital structure. Capital.com. https://capital.com/trade-off-
    model-of-capital-structure-definition

    Walther, L. M. (2021, October 20). Stock splits and stock dividends. In Principles of accounting.com.

    CreateSpace. https://www.principlesofaccounting.com/chapter-14/splits-and-dividends

    Suggested Unit Resources

    Article: Capital Structure and Corporate Performance: An Empirical Analysis from Central Europe
    (Optional)
    This article looks at estimating business performance using indicators describing capital structure and
    asset structure (18 pages).

    Article: Capital Structure Theory: Past, Present, Future (Optional)
    This article analyzes existing theories of capital structure, including advantages and disadvantages, to
    review problems associated with management decision-making (30 pages).

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

    **## CorporateFinanceFIN6301UnitVIIScholarlyActivity.docx**

    2

    Corporate Finance ECO 6301

    Unit VII Scholarly Activity

    This assignment measures your mastery of ULOs 3.1, 3.2, 5.4, and 5.5.

    You will use the multinational corporation (MNC) you researched in Unit VI for this assignment.

    The purpose of this scholarly activity is to continue to analyze fundamental aspects of corporate finance management in multinational corporations. You will examine supply chains and working capital management and make recommendations for financial decisions. Include the following components in your assignment:

    1. Analyze supply chains and working capital management:

    · Describe the company’s supply chain management strategy.

    · Analyze the financing policies used by the MNC for its current assets.

    · Analyze the goals of the company’s inventory management.

    2. Examine multinational financial management:

    · Discuss recent stock distributions through dividends or repurchases.

    · Enumerate reasons why the MNC decided to go global.

    · Illustrate any significant transactions the MNC has had between countries with different currencies.

    · Discuss challenges the MNC faces with floating exchange rates and its management strategies.

    · Analyze the relationships the MNC has with inflation, interest rates, and exchange rates.

    3. Make recommendations:

    · Based on your analysis, provide two to three recommendations for the MNC’s future financial decisions in the context of global operations.

    Compile your scholarly activity into a written paper, ensuring it is well-structured and professionally presented. Your assignment should be at least three pages in length. You are required to use at least two sources, at least two of which must come from the CSU Online Library.

    Adhere to APA Style when creating citations and references for this assignment. Please note that no abstract is needed.

    This
    formal paper example provided by the CSU Writing Center shows this type of formatting.

    The
    Find Company & Industry Resources LibGuide in the CSU Online Library is a great place to start your research.

    **## UnitVIStudyGuide.pdf**

    FIN 6301, Corporate Finance 1

    Course Learning Outcomes for Unit VI

    At the end of this unit, you should be able to:

    5. Recommend financial planning techniques to determine corporate value.
    5.4 Discuss stock distributions through dividends or repurchases.
    5.5 Examine capital structure decisions in a corporation.

    Required Unit Resources

    Chapter 14: Distributions to Shareholders: Dividends and Repurchases (ULO 5.4) You are not
    required to read the Summary, Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand the distributions to shareholders through dividends and
    repurchases. First, we identify the two ways for a company to return cash to its stockholders. We explain
    the procedures for cash distributions, the impact of cash distributions on value of the organization, and
    the reasons for companies to maintain steady dividend growth. Next, we appraise the residual
    distributions model’s implementation in practice, predict the impact of distributions on a company’s
    intrinsic value, and compare the pros and cons of dividends and repurchases. Finally, we summarize the
    impact of asymmetric information on distribution decisions and analyze stock splits and stock dividends.

    Chapter 15: Capital Structure Decisions (ULO 5.5) You are not required to read the Summary,
    Questions, or Web Extension at the end of the chapter.
    The purpose of this chapter is to understand capital structure decisions. First, we discuss links among
    capital structure, weighted average cost of capital (WACC), and the value of operations. We define and
    differentiate business risk and financial risk. Next, we compare Modigliani and Miller capital structure
    models and assess trade-off theory of capital structure. We evaluate results of empirical tests of capital
    structure theories and estimate the optimal capital structure. Finally, we discuss recapitalization and
    choose an appropriate maturity structure for a company’s debt.

    Unit Lesson

    Lesson: Maximizing Shareholder Value: A Deep Dive into Cash Distributions and Capital
    Decisions (ULOs 5.4 and 5.5)

    In the realm of corporate finance, how a company manages its resources can be a barometer of its health,
    potential, and strategic direction. Understanding the nuances of cash distributions and capital structure
    decisions is not only beneficial for financial practitioners, but for anyone interested in gaining insights into the
    intricacies of business strategy. Let us embark on this enlightening journey together.

    Cash Distributions – The Interplay of Dividends and Repurchases in Corporate Finance

    Understanding these strategies can equip you with valuable tools for your financial management toolkit, both
    as an investor and as a business leader. In line with our Unit Learning Objective 5.4, this lesson will help you
    identify and understand the two main ways that companies return cash to stockholders: dividends and stock
    repurchases.

    UNIT VI STUDY GUIDE
    Cash Distributions and
    Capital Structure

    FIN 6301, Corporate Finance 2

    UNIT x STUDY GUIDE
    Title

    The Essence of Cash Distributions

    Cash distributions serve as a significant way companies return value to shareholders. They represent not just
    a sharing of profits but also a strategic business decision that has implications for a company’s market value
    and investor relations.

    • Dividends: A share of the company’s earnings is paid out to shareholders. Typically, larger, more
    established companies pay dividends as a way to distribute excess profits.

    • Stock repurchases: Also known as buybacks is when a company repurchases its own shares from
    the marketplace, reducing the number of outstanding shares. This action can often boost the stock
    price (Accountinguide, n.d.).

    Dividends Versus Stock Repurchases: A Comparison

    Both dividends and repurchases have their merits and drawbacks, and the choice between them often
    depends on the company’s financial strategy.

    For an investor, understanding a company’s approach to dividends and repurchases can provide insights into
    the company’s financial health and growth potential. For example, a startup might not offer dividends because
    it is reinvesting all profits for growth, whereas a well-established firm like Apple regularly offers both dividends
    and stock buybacks (Apple, n.d.).

    The Residual Distributions Model

    This model argues that distributions should be the residual or leftover earnings after all other operating and
    expansion expenses have been met. Essentially, only if the firm has extra cash after covering all its bases
    should it consider distributing cash to shareholders. This model is often debated among financial experts due
    to its conservative stance on distributions.

    Asymmetric Information and Distributions

    In a market where all information is not readily available to all parties, companies use dividends and
    repurchases as a signaling mechanism. For instance, a sudden dividend increase can signal confidence from
    the management in the company’s future prospects.

    Dividend Pros:
    • Stable and predictable for investors
    • Seen as a sign of financial health

    Dividend Cons:
    • Tax implications for the shareholder
    • May indicate the company does not have better investment opportunities

    Stock Repurchase Pros:
    • More flexible for the company
    • Can be more tax-efficient for shareholders

    Stock Repurchase Cons:
    • Can be seen as a short-term strategy
    • Does not guarantee an increase in stock price

    FIN 6301, Corporate Finance 3

    UNIT x STUDY GUIDE
    Title

    Stock Splits and Stock Dividends

    These are other ways companies return value but do not necessarily involve cash. Stock splits increase the
    number of shares, making them more affordable, while stock dividends give shareholders more shares
    instead of cash (Walther, 2021).

    Cash distributions are not merely financial transactions but strategic moves that reflect a company’s overall
    health and long-term plans. Understanding the various methods and their implications can help investors
    make informed decisions and managers steer their companies effectively.

    Navigating Capital Structure Decisions

    Now, let’s take you on a journey through the intricate world of capital structure decisions, one of the pillars of
    corporate finance. With a keen focus on Unit Learning Objective 5.5, we aim to provide a comprehensive
    understanding of how companies make financing choices and the theoretical and empirical frameworks that
    guide these decisions.

    The Essence of Capital Structure

    Capital structure refers to the combination of a firm’s various sources of financing, typically debt and equity.
    The significance of capital structure is that it directly impacts a company’s risk, value, and potential to provide
    returns to its stakeholders.

    • Capital structure and value: The mix of debt and equity can influence a company’s weighted average
    cost of capital (WACC) and, consequently, its overall valuation.

    • Risks involved: Leveraging, or using borrowed funds, can amplify returns, but it comes with its own
    set of risks, which leads us to our next point.

    An important part of this is dissecting business and financial risks:

    Theoretical Foundations: Modigliani and Miller Propositions

    M&M Propositions, established by Franco Modigliani and Merton Miller, are seminal in the study of capital
    structure (Brigham & Erhardt, 2024).

    Business Risk

    •The inherent risk in a firm's operations, business
    risk is the uncertainty of the firm's operating
    income due to factors like demand variability, price
    fluctuations, and changes in production costs.

    Financial Risk

    •This arises from the use of debt in a firm’s capital
    structure. The higher the debt, the greater the
    financial risk, as the firm commits to fixed interest
    payments irrespective of its profit levels.

    FIN 6301, Corporate Finance 4

    UNIT x STUDY GUIDE
    Title

    • Proposition I: In an environment without taxes, bankruptcy costs, and asymmetric information, a firm’s
    value is unaffected by its financing mix.

    • Proposition II: In the same environment, a firm’s cost of equity rises as it increases the proportion of
    debt in its structure.

    These propositions provide an academic backdrop, but, in the real world, imperfections like taxes and
    bankruptcy costs exist (Brigham & Erhardt, 2024).

    The Trade-Off Theory

    The trade-off theory posits that firms strike a balance between the tax advantages of debt and the bankruptcy
    costs of debt. There is an optimal level of debt that maximizes firm value (McCall, 2019).

    Empirical Tests and Optimal Capital Structure

    While theories provide frameworks, empirical studies have sought to find an optimal capital structure in
    practice. These studies often involve analyzing data from various industries and geographies to find common
    patterns or variations.

    The Process of Recapitalization

    Recapitalization involves changing the equity and debt ratio of a firm’s capital structure, usually to make the
    firm’s capital structure more stable or to boost the stock price (CFI Team, n.d.).

    Debt Maturity Structures

    The length of time until a debt becomes due can vary. Choosing the appropriate maturity structure for a
    company’s debt can greatly influence liquidity, risk, and company valuation.

    Capital structure decisions are multifaceted, blending theory, empirical evidence, and strategy. As future
    financial leaders or informed investors, understanding these complexities can be a powerful asset. Dive deep
    into the subsequent materials, engage in discussions, and remember that these lessons have real-world
    implications in boardrooms around the globe.

    References

    Accountinguide (n.d.). Stock repurchase. https://accountinguide.com/stock-repurchase

    Apple. (n.d.). Dividend history. https://investor.apple.com/dividend-history/default.aspx

    Brigham, E. F., & Ehrhardt, M. C. (2024). Financial management: Theory & practice (17th ed.). Cengage

    Learning. https://online.vitalsource.com/#/books/9780357714607

    Brusov, P., & Filatova, T. (2023, February). Capital structure theory: Past, present, future. Mathematics

    (2227-7390), 11(3), 616.
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=161857380&site=ehost-live&scope=site

    CFI Team. (n.d.). Recapitalization: A change in a company’s equity and debt mixture. Corporate Finance

    Institute. https://corporatefinanceinstitute.com/resources/equities/recapitalization

    Mazanec, J. (2023, May). Capital structure and corporate performance: an empirical analysis from central

    Europe. Mathematics (2227-7390), 11(9).
    https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire
    ct=true&db=asn&AN=163694355&site=ehost-live&scope=site

    FIN 6301, Corporate Finance 5

    UNIT x STUDY GUIDE
    Title

    McCall, J. (2019). What is a trade-off model of capital structure. Capital.com. https://capital.com/trade-off-
    model-of-capital-structure-definition

    Walther, L. M. (2021, October 20). Stock splits and stock dividends. In Principles of accounting.com.

    CreateSpace. https://www.principlesofaccounting.com/chapter-14/splits-and-dividends

    Suggested Unit Resources

    Article: Capital Structure and Corporate Performance: An Empirical Analysis from Central Europe
    (Optional)
    This article looks at estimating business performance using indicators describing capital structure and
    asset structure (18 pages).

    Article: Capital Structure Theory: Past, Present, Future (Optional)
    This article analyzes existing theories of capital structure, including advantages and disadvantages, to
    review problems associated with management decision-making (30 pages).

    **UnitVIIStudyGuide.pdf**

    This file is too large to display. [View in new window](https://www.sweetstudy.com/files/unitviistudyguide-pdf-10404397)

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    – ## EmploymentLawHRM6302UnitVIICaseStudy.docx – ## UnitVIIStudyGuide.pdf **## EmploymentLawHRM6302UnitVIICaseStudy.docx** 2 Employment Law HRM 6302 Unit VII Case Study Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, in…

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    – ## EmploymentLawHRM6302UnitVIICaseStudy.docx

    – ## UnitVIIStudyGuide.pdf

    **## EmploymentLawHRM6302UnitVIICaseStudy.docx**

    2

    Employment Law HRM 6302

    Unit VII Case Study

    Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

    Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

    · What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.

    · How does OSHA enforce workplace safety and health standards?

    · Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.

    Your paper should be a minimum of five pages, not including the title and reference pages. You are required to use a minimum of three sources, one of which may be your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

    This
    **Case Study Example** provided by the CSU Writing Center shows this type of formatting.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    **## EmploymentLawHRM6302UnitVIICaseStudy.docx**

    2

    Employment Law HRM 6302

    Unit VII Case Study

    Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

    Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

    · What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.

    · How does OSHA enforce workplace safety and health standards?

    · Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.

    Your paper should be a minimum of five pages, not including the title and reference pages. You are required to use a minimum of three sources, one of which may be your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

    This
    **Case Study Example** provided by the CSU Writing Center shows this type of formatting.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    **## EmploymentLawHRM6302UnitVIICaseStudy.docx**

    2

    Employment Law HRM 6302

    Unit VII Case Study

    Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

    Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

    · What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.

    · How does OSHA enforce workplace safety and health standards?

    · Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.

    Your paper should be a minimum of five pages, not including the title and reference pages. You are required to use a minimum of three sources, one of which may be your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

    This
    **Case Study Example** provided by the CSU Writing Center shows this type of formatting.

    **## UnitVIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VII

    Upon completion of this unit, students should be able to:

    8. Evaluate the Occupational Safety and Health Administration’s (OSHA) regulatory power in the context
    of workplace safety.
    8.1 Summarize the manner in which OSHA enforces workplace safety and health standards.
    8.2 Explain the requirements of the Occupational Safety and Health (OSH) Act.
    8.3 Assess a legal case for compliance with OSHA standards.

    Required Unit Resources

    Chapter 14: Occupational Safety and Health, pp. 551–591

    Unit Lesson

    The primary objective of workplace safety is the prevention of workplace injuries, illnesses, and fatalities. In
    2014, almost 4,821 U.S. workers died from workplace injuries. There were approximately 2.9 million nonfatal
    workplace injuries and illnesses (Bureau of Labor Statistics, 2016). These incidents cost businesses huge
    sums of money and take a significant toll on the victims and their families. One death is too many, but the
    number of deaths, injuries, and illnesses has generally declined over time, due in no small measure to safety
    requirements at the federal level. Prior to the passage of the Occupational Safety and Health Act (OSH Act) in
    1970, only the common law bound employers to provide employees with a safe workplace. Further,

    UNIT VII STUDY GUIDE
    Occupational Safety and Health

    Occupational Safety
    (Pitiquen, n.d.)

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    employers had several common law defenses that often enabled them to avoid liability. Employees had few
    protections from unscrupulous employers who eschewed safety for profit.

    The OSH Act covers almost all employers and employees and is critically important to those who support
    employment law compliance. Any employer in a business affecting commerce is subject to and covered by
    the OSH Act. The limited exceptions to coverage are primarily the self-employed and farms that employ only
    immediate family of the owner. Workplaces covered by other federal laws, such as the mining, nuclear,
    railroad, and airline industries, as well as state and local governments (unless otherwise permitted by state
    law) are also excluded from the OSH Act (OSHA, n.d.-a).

    The OSH Act imposes two basic requirements on employers to accomplish the goal of a safe workplace.
    First, the employer must comply with all the safety and health standards set by the U.S. Department of Labor
    (DOL). Second, the employer must furnish each of its employees a workplace free from recognized hazards
    that are causing or likely to cause death or serious physical harm.

    The Occupational Safety and Health Administration (OSHA), which falls under the DOL, is charged with
    enforcing the OSH Act. OSHA translates the basic requirements imposed on employers by the OSH Act into
    specific actions. OSHA holds employers responsible for proactively adopting safety practices, communicating
    them to employees, ensuring employees use them, monitoring working conditions, alerting employees to
    potential hazards, and reporting work-related deaths and injuries (OSHA, n.d.-a). OSHA has established
    industry standards to inform employers how to guarantee a safe and healthy workplace. The four major
    categories of OSHA standards are general, construction, maritime, and agriculture. To determine the industry
    standards an employer needs to follow, he or she must determine the appropriate industry code that applies
    to the organization within the North American Industry Classification System (NAICS).

    While some OSHA standards are specific to one industry, many of them apply across industries, such as
    standards for personal protective equipment and hazardous communication. Most employers will need to
    implement a combination of standards including the associated training and safety inspection requirements to
    be compliant. OSHA requires that employers prominently display federal workplace health and safety posters
    in their workspaces.

    To help employers navigate the requirements imposed on them, OSHA’s website contains a wealth of
    information for various types of employers, including small businesses. The site’s resources include
    interactive tools for both employers and employees. Every state has free workplace consultations available to
    small businesses that want onsite help in establishing safety and health programs. This assistance will also
    help in identifying and correcting workplace hazards. Additionally, OSHA has a network of compliance
    assistance specialists in local offices to provide tailored information and training to employers and employees.
    There are 22 states that have OSHA-approved job safety and health programs. These are operated by the
    individual states instead of adhering to federal OSHA standards. All state plans are approved and monitored
    by OSHA, and they require that state-run safety and health programs must be at least as effective as the
    federal program. If the state programs are compliant, OSHA provides as much as 50% of the funding for each
    program (OSHA, n.d.-b).

    What is the downside of lax compliance with OSHA requirements? After years of a legal anomaly that
    prevented OSHA from increasing penalties, in 2016, Congress passed legislation that allowed the agency to
    adjust penalties to more appropriate and modern levels. Serious violations of the law increased from $7,000
    to $12,471 per violation. Failure to abate dangerous or hazardous conditions rose from $7,000 to $12,471 per
    date after the date recorded on an OSHA citation for correction of the violation. In addition, willful or repeated
    violations increased from $70,000 to $124,709 per violation (Smith, 2016).

    In 2016, OSHA released new injury and illness reporting rules that change the way employers have long done
    business and in an unusual twist, call into question employers’ drug testing practices after accidents.
    Traditionally, employers track and maintain injury information internally, though fatalities and serious injuries
    must be reported to OSHA immediately. The new rule, however, requires electronic submission of the
    information by the employer annually to OSHA. In turn, OSHA will then publish the data online for anyone to
    access. There are also new requirements related to employee involvement in employer recordkeeping
    practices and the prevention of discrimination and retaliation. Employers must inform each employee how to
    properly report a work-related injury or illness. Further, employers must establish a reasonable procedure for
    employee reporting. A process is not reasonable if it would prevent or discourage a reasonable employee

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    from correctly reporting a workplace injury or illness. Employers must inform employees of their right to report
    injuries and illnesses and inform them that they cannot be fired or discriminated against for reporting
    (Petrides, 2016).

    The twist is the impact on employer drug testing policies. In conjunction with this new rule, OSHA announced
    that policies that call for across-the-board testing after an accident deter employees from reporting injuries
    and may not be reasonable. OSHA indicates that employers should engage in post-injury drug testing only
    when there is a reasonable potential that drug use by the reporting employee contributed to the injury or
    illness and further, only when the test can precisely indicate that impairment was caused by the use of drugs
    (Petrides, 2016). This guidance does not appear to prevent testing where there are facts that support that
    drugs could have contributed to the incident, such as slurred speech, glazed eyes, stupor, or other signs
    generally associated with drug or alcohol intoxication. Beyond this, it may be a challenge to determine when it
    is appropriate to drug test employees following reported accidents, injuries, and illnesses.

    Workplace violence is an area that can affect all employers and has increasingly been in the forefront of
    OSHA’s attention. Workplace violence is any act or threat of physical violence, harassment, intimidation, or
    other threatening disruptive behavior that occurs at the workplace. It includes a wide range of actions from
    threats and verbal abuse to physical assaults and even homicide (OSHA, n.d.-c). It can affect and involve
    employees, clients, customers, and visitors. Among many incidents is one in 2010, which occurred as two
    dozen employees worked at a Penske truck rental facility near Atlanta. A former employee, dressed in
    camouflage, came to the facility and fatally shot three workers and injured two others. Subsequently, a
    survivor of one of the workers killed in the shooting sued Penske, claiming that the company had been
    making threats to come to the property and hurt employees and that the company therefore had an obligation
    to protect its employees (Bluestein, 2010).

    According to OSHA (n.d.-c), homicide is the fourth-leading cause of fatal occupational injuries in the United
    States accounting for more than 400 of the workplace fatalities in 2014. Further, nearly 2 million American
    workers report having been workplace violence victims annually and many cases go unreported (OSHA, n.d.-
    c). While there is no magic way to predict where workplace violence will occur, OSHA has identified workers
    with elevated risk of being victims of violence as those who exchange money with the public, delivery drivers,
    healthcare professionals, public service workers, customer service agents, law enforcement personnel, and
    workers who work by themselves or in small groups. Additional risk factors include working in a location
    where there is the service of alcohol and working late at night or in areas with known high crime rates.

    To combat workplace violence, OSHA recommends employers establish a zero-tolerance policy covering not
    only workers, but also anyone exposed to workers in the workplace. Further, employers should assess their
    workplaces, identify risk factors, and implement methods of reducing risk. Training, too, can reduce the
    incidence of workplace violence and inform workers what concerns they should report, how to report
    concerns, and how to respond if an incident occurs.

    Clearly, establishing and maintaining a safe and healthy workplace is a goal that requires attention on a daily
    basis, not only from HR staff, but also just as importantly from managers and workers. Government entities
    such as OSHA protect workers in the workplace and require employers to provide risk reduction and safe
    work environments through education, training, and government assistance. Within organizations, employers
    must ensure management is knowledgeable about their responsibilities, as well as resources available to help
    them achieve safety goals. HR has the responsibility of keeping this critical goal in front of the members of the
    organization and avoiding complacency because just one incident can have devastating effects.

    References

    Bluestein, G. (2010, April 2). Widow: Penske warned of threats before shooting. Boston Globe.

    http://archive.boston.com/business/articles/2010/04/02/widow_penske_warned_of_threats_before_sh
    ooting/

    Bureau of Labor Statistics. (2016, October 27). Employer-reported workplace injuries and illnesses – 2015

    [News release]. U.S. Department of Labor.
    https://www.bls.gov/news.release/archives/osh_10272016.pdf

    HRM 6302, Employment Law 4

    UNIT x STUDY GUIDE
    Title

    Occupational Safety and Health Administration. (n.d.-a). Law and regulations. United States Department of
    Labor. https://www.osha.gov/law-regs.html

    Occupational Safety and Health Administration. (n.d.-b). State plans. United States Department of Labor.

    https://www.osha.gov/dcsp/osp/index.html

    Occupational Safety and Health Administration. (n.d.-c). Workplace violence. United States Department of

    Labor. https://www.osha.gov/SLTC/workplaceviolence/

    Petrides, T. H. (2016, May 19). OSHA issues new illness and injury recordkeeping rule that casts doubt upon

    commonplace employer drug testing and safety incentive policies. The National Law Review, 6(140).
    http://www.natlawreview.com/article/osha-issues-new-illness-and-injury-recordkeeping-rule-casts-
    doubt-upon-commonplace

    Pitiquen, J. (n.d.). Occupational safety (ID 24098844) [Graphic]. Dreamstime.

    https://www.dreamstime.com/stock-images-occupational-safety-image24098844

    Smith, A. (2016, October 19). Steep new penalties under OSH Act raise compliance concerns. Society for

    Human Resource Management. https://www.shrm.org/resourcesandtools/legal-and-
    compliance/employment-law/pages/osh-act-penalties.aspx

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 14 presentation (PowerPoint) or Chapter 14 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 14 questions in your textbook on pages 592–593.

    – 1
    – 2

  • [Solved] CF CL D4 R

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  • [Solved] week 4

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    instructions attached – ## week4.pdf **## week4.pdf** To receive full credit: (1) make sure to complete your posts by the deadline; (2) note at the end of your initial post the word count (should be at least 450 words); (3) write responses to at least two other student and (4) please don't re-type t…

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    instructions attached

    – ## week4.pdf

    **## week4.pdf**

    To receive full credit: (1) make sure to complete your posts by the deadline; (2) note at
    the end of your initial post the word count (should be at least 450 words); (3) write
    responses to at least two other student and (4) please don't re-type the discussion
    forum questions in your answer.

    Discussion Forum Questions:

    1, According to FDR in 1937 and AFL-CIO leader George Meany in 1955, unions and
    collective bargaining do not belong in the public sector. What is /was the basis for their
    taking this position and do you agree with it?

    2. According to the ‘History of Public Sector Unions reading,’ what is the “social-justice”
    approach to union organizing and how was demonstrated in terms of public sector
    organizing examples discussed in the article?

    3. Using Google and/or ChatGPT resources, what can you find out about the history of
    collective bargaining of California Public Employees? Explain.

    Reading:
    https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions
    https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-bannin
    g-public-unions-from-collective-bargaining/

    Videos:
    https://www.youtube.com/watch?v=cRhY5MLPiHo
    https://www.youtube.com/watch?v=xycy1aNZBzc
    https://www.youtube.com/watch?v=0jzB6TQuV3M
    https://www.youtube.com/watch?v=FYqcIVLC3D0
    https://www.youtube.com/watch?v=cnBBAJrQem4

    [https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions](https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://www.youtube.com/watch?v=cRhY5MLPiHo](https://www.youtube.com/watch?v=cRhY5MLPiHo)

    [https://www.youtube.com/watch?v=xycy1aNZBzc](https://www.youtube.com/watch?v=xycy1aNZBzc)

    [https://www.youtube.com/watch?v=0jzB6TQuV3M](https://www.youtube.com/watch?v=0jzB6TQuV3M)

    [https://www.youtube.com/watch?v=FYqcIVLC3D0](https://www.youtube.com/watch?v=FYqcIVLC3D0)

    [https://www.youtube.com/watch?v=cnBBAJrQem4](https://www.youtube.com/watch?v=cnBBAJrQem4)

    **## week4.pdf**

    To receive full credit: (1) make sure to complete your posts by the deadline; (2) note at
    the end of your initial post the word count (should be at least 450 words); (3) write
    responses to at least two other student and (4) please don't re-type the discussion
    forum questions in your answer.

    Discussion Forum Questions:

    1, According to FDR in 1937 and AFL-CIO leader George Meany in 1955, unions and
    collective bargaining do not belong in the public sector. What is /was the basis for their
    taking this position and do you agree with it?

    2. According to the ‘History of Public Sector Unions reading,’ what is the “social-justice”
    approach to union organizing and how was demonstrated in terms of public sector
    organizing examples discussed in the article?

    3. Using Google and/or ChatGPT resources, what can you find out about the history of
    collective bargaining of California Public Employees? Explain.

    Reading:
    https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions
    https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-bannin
    g-public-unions-from-collective-bargaining/

    Videos:
    https://www.youtube.com/watch?v=cRhY5MLPiHo
    https://www.youtube.com/watch?v=xycy1aNZBzc
    https://www.youtube.com/watch?v=0jzB6TQuV3M
    https://www.youtube.com/watch?v=FYqcIVLC3D0
    https://www.youtube.com/watch?v=cnBBAJrQem4

    [https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions](https://www.labornotes.org/2018/06/five-lessons-history-public-sector-unions)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/](https://utahnewsdispatch.com/2025/02/14/despite-pleas-for-veto-utah-gov-cox-signs-bill-banning-public-unions-from-collective-bargaining/)

    [https://www.youtube.com/watch?v=cRhY5MLPiHo](https://www.youtube.com/watch?v=cRhY5MLPiHo)

    [https://www.youtube.com/watch?v=xycy1aNZBzc](https://www.youtube.com/watch?v=xycy1aNZBzc)

    [https://www.youtube.com/watch?v=0jzB6TQuV3M](https://www.youtube.com/watch?v=0jzB6TQuV3M)

    [https://www.youtube.com/watch?v=FYqcIVLC3D0](https://www.youtube.com/watch?v=FYqcIVLC3D0)

    [https://www.youtube.com/watch?v=cnBBAJrQem4](https://www.youtube.com/watch?v=cnBBAJrQem4)

  • [Solved] managing chance

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  • [Solved] ENL

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  • [Solved] Module 6 Discussion

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    – ## Module6discussion.docx **## Module6discussion.docx** Module 6 MSL 680 Module Six Lecture Notes and Discussion Questions **Module Six** Discussion topics include: 1. Situational leadership 2. Contingency theory 3. Path-goal theory Assignments for Session 6 include: 1. Text: Chapters 14 – 15 …

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    – ## Module6discussion.docx

    **## Module6discussion.docx**

    Module 6

    MSL 680
    Module Six Lecture Notes and Discussion Questions

    **Module Six**

    Discussion topics include:
    1. Situational leadership
    2. Contingency theory
    3. Path-goal theory

    Assignments for Session 6 include:
    1.    Text: Chapters 14 – 15

    Chapters 14 and 15 are all about the situation and situational approaches to leadership theory. Your textbook authors look at the situation through the lens of organizational structure. Most of you are already familiar with concepts like departmentalization, centralization/decentralization, and organizational designs such as functional, product, geographic, and matrix.

    Chapter 14 looks at the situational leadership theories, all of which are considered much more useful than either trait or behavioral theories today.  Two important theories, contingency leadership by Fred Fiedler and Situational Leadership by Paul Hersey and Ken Blanchard are highlighted in this chapter.

    Fiedler’s Contingency Leadership is historically the first real situational theory and is important from that standpoint.

    **Contingency Leadership Theory**

    Contingency Leadership Theory was the original situational leadership theory and belongs to a man by the name of Fred Fiedler. Study the model in your book and take notice of the three factors:

    1. Leader-member Relations: How are the leader and followers getting along?
    2. Position Power: How strong is the leader’s power?
    3. Task Structure: Is the task stable and structured or dynamic and changing?

    Depending on the situational favorableness, Fiedler teaches that you need either a task oriented leader (what he calls low LPC) or people oriented (high LPC).  The LPC category comes from your score on his Least Preferred Coworker Questionnaire (LPCQ) which I, for one, find highly marginal to predict anything.  Nevertheless, I think you can categorize people into either task-oriented or people-oriented.

    The theory concludes that if the situation is highly favorable or highly unfavorable you need a task person to lead.  Likewise if the situation is moderately favorable or unfavorable, you need a people person.  This seems to make sense.  If things are very bad, you need a take-charge, goal-oriented leader before you go out of business.  If things are very good, interpersonal relations are already smooth, and a goal-setter can take you to the next place.  I think, however, that most situations are somewhat in the middle and might demand someone with human relations skills.

    The secret according to Fiedler is to match the person to the situation.  Analyze the situation and hire or promote the right type of leader.  Nor does he think that the average leader can change from one style to another.  Leadership style, according to Fielder, is very much a matter of personality and hard to change.  I agree.  By the way, research to validate Fiedler’s model is generally positive.

    **Situational Theory**

    Situational Theory, according to Hersey and Blanchard, however, does not agree. These theorists are of the mind that leaders can and do change styles depending on with whom they are dealing.  Situational Leadership is the most popular leadership theory of the day.  It is very friendly, easy to understand, and many corporate staffs have received training in Situational Leadership.  Study the model carefully in the book and note that the Asituation@ depends on the readiness level of the follower.

    R1: Unable and unwilling
    R2: Unable and willing
    R3: Able but unwilling
    R4: Able and willing

    The four leadership styles that match these readiness levels are as follows:

    S1: Requires Telling@ high task-low relationship
    S2: Requires Selling@ high task-high relationship
    S3: Requires Participating@ high relationship-low task
    S4: Requires Delegating@ low relationship-low task

    **Week 6 Discussion Question (due by Thursday)**

    Note:  Please type the question and then the answer which should be about 250 words.

    Provide a brief scenario when each of the Situational Leadership styles would be appropriate.  Remember the the S1-S4 styles are used for very specific situations and not as overall styles.

    **## Module6discussion.docx**

    Module 6

    MSL 680
    Module Six Lecture Notes and Discussion Questions

    **Module Six**

    Discussion topics include:
    1. Situational leadership
    2. Contingency theory
    3. Path-goal theory

    Assignments for Session 6 include:
    1.    Text: Chapters 14 – 15

    Chapters 14 and 15 are all about the situation and situational approaches to leadership theory. Your textbook authors look at the situation through the lens of organizational structure. Most of you are already familiar with concepts like departmentalization, centralization/decentralization, and organizational designs such as functional, product, geographic, and matrix.

    Chapter 14 looks at the situational leadership theories, all of which are considered much more useful than either trait or behavioral theories today.  Two important theories, contingency leadership by Fred Fiedler and Situational Leadership by Paul Hersey and Ken Blanchard are highlighted in this chapter.

    Fiedler’s Contingency Leadership is historically the first real situational theory and is important from that standpoint.

    **Contingency Leadership Theory**

    Contingency Leadership Theory was the original situational leadership theory and belongs to a man by the name of Fred Fiedler. Study the model in your book and take notice of the three factors:

    1. Leader-member Relations: How are the leader and followers getting along?
    2. Position Power: How strong is the leader’s power?
    3. Task Structure: Is the task stable and structured or dynamic and changing?

    Depending on the situational favorableness, Fiedler teaches that you need either a task oriented leader (what he calls low LPC) or people oriented (high LPC).  The LPC category comes from your score on his Least Preferred Coworker Questionnaire (LPCQ) which I, for one, find highly marginal to predict anything.  Nevertheless, I think you can categorize people into either task-oriented or people-oriented.

    The theory concludes that if the situation is highly favorable or highly unfavorable you need a task person to lead.  Likewise if the situation is moderately favorable or unfavorable, you need a people person.  This seems to make sense.  If things are very bad, you need a take-charge, goal-oriented leader before you go out of business.  If things are very good, interpersonal relations are already smooth, and a goal-setter can take you to the next place.  I think, however, that most situations are somewhat in the middle and might demand someone with human relations skills.

    The secret according to Fiedler is to match the person to the situation.  Analyze the situation and hire or promote the right type of leader.  Nor does he think that the average leader can change from one style to another.  Leadership style, according to Fielder, is very much a matter of personality and hard to change.  I agree.  By the way, research to validate Fiedler’s model is generally positive.

    **Situational Theory**

    Situational Theory, according to Hersey and Blanchard, however, does not agree. These theorists are of the mind that leaders can and do change styles depending on with whom they are dealing.  Situational Leadership is the most popular leadership theory of the day.  It is very friendly, easy to understand, and many corporate staffs have received training in Situational Leadership.  Study the model carefully in the book and note that the Asituation@ depends on the readiness level of the follower.

    R1: Unable and unwilling
    R2: Unable and willing
    R3: Able but unwilling
    R4: Able and willing

    The four leadership styles that match these readiness levels are as follows:

    S1: Requires Telling@ high task-low relationship
    S2: Requires Selling@ high task-high relationship
    S3: Requires Participating@ high relationship-low task
    S4: Requires Delegating@ low relationship-low task

    **Week 6 Discussion Question (due by Thursday)**

    Note:  Please type the question and then the answer which should be about 250 words.

    Provide a brief scenario when each of the Situational Leadership styles would be appropriate.  Remember the the S1-S4 styles are used for very specific situations and not as overall styles.

  • [Solved] HCAD 640

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    Select a real HC organization of your choice. Examine its form of business and ownership model and analyze its business environment in terms of the local, state, and regional economic factors affecting the rise of organizational costs. In addition, consider some of the emerging business models and t…

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    Select a real HC organization of your choice. Examine its form of business and ownership model and analyze its business environment in terms of the local, state, and regional economic factors affecting the rise of organizational costs. In addition, consider some of the emerging business models and technologies that are entering the healthcare marketplace. Could any of them improve your organization’s financial position if applied? Why do you think so? Offer one or two evidentiary points to support your ideas.
    – Healthcare      Finance News: [https://www.healthcarefinancenews.com/](http://www.healthcarefinancenews.com/)
    – Modern      Healthcare – Finance: [https://www.modernhealthcare.com/finance](http://www.modernhealthcare.com/finance)

  • [Solved] W4: Topic – Malware and Lab 4

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    For this assignment, you will post your answers to the question below. **You are required to respond to at least two of your classmates post.** Please do not be late with this post because your classmates will be relying on you to post on time. Your follow-up posts can add additional insight to a cl…

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    For this assignment, you will post your answers to the question below. **You are required to respond to at least two of your classmates post.** Please do not be late with this post because your classmates will be relying on you to post on time. Your follow-up posts can add additional insight to a classmate's opinions or can challenge their opinions. Use examples from the readings, or from your own research, to support your views, as appropriate. For your follow-up posts this week, you may wish to visit a couple of the web sites contributed by your classmates and share your opinion of these sites with the class. Be sure to read the follow-up posts to your own posts and reply to any questions or requests for clarification. You are encouraged to conduct research and use other sources to support your answers. References are not required but you must tell us about your sources.
    **Instructions:**
    1. Discuss tools and techniques to remove Malware from infected machines; using a popular product to make your point.
    2. Discuss the vulnerabilities that computer memory and computer process have that malware can take advantage of and exploit.
    3. List any observations, tips or questions about this lab that would prove helpful to fellow students prior to midnight on Wednesday and comment on other student posts with value added comments (not simply agreeing) by midnight Sunday for full credit consideration