Workplace safety violation | Law homework help

Analyze the issue based on the following criteria:

• Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
• Identify the facts associated with the case and fact patterns.
• Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case – be clear.
• Support your decision with an appropriate rule of law.
• Be prepared to defend your decision and to objectively evaluate the other points of view.

Safeway operates a bread- baking facility in Denver, Colorado. Safeway periodically holds company- sponsored outdoor barbecues for its employees, and it purchased a gas grill equipped with a 20- pound propane tank for the barbecues. To ensure that the grill had sufficient gas for the barbecues, Safeway purchased a 40- pound tank. The larger tanks have a warning label stating that they should not be used with a grill ordi-narily equipped with a 20- pound tank. Safeway planned to hold an employee barbecue on July 17, 1998. The plant superintendent, Edward Boone, instructed the plant engineer, Jerry Lewis, to set up the grill for the barbecue. On being informed that the grill was not adequately cooking the meat, the plant manager, Jim Kirk, again summoned Lewis. Lewis and the day- shift maintenance foreman, Fred Lake, attempted to improve the flow of gas to the grill by checking the regulator and reposition-ing the tank. While Lewis and Lake were work-ing on the grill, fuel escaped and a “ ball of fire” erupted. Lewis suffered severe burns to his hand and Lake’s facial hair was singed. After an inves-tigation, an OSHA inspector issued a citation to Safeway. Safeway appealed the decision.

Was this a workplace safety violation? Why or why not? [ Safeway, Inc. v. Occupational Safety & Health Rev. Comm., 382 F. 3d 1189 ( 10th Cir. 2004).]