ABA TIPS Article - Safety Misconduct Defenses Essay

ABA TIPS Article - resort Misconduct Defenses - Essay Examplete preventive regulations, provide condom training and devices, and in certain(a) circumstances perform alcohol and drug testing as measures to safeguard employees from illnesses and injuries (Spurlock, 2012). Furthermore, in almost all cases, the employer must maintain and implement the said measures at their own expense.Statutorily, Kentucky as compared to Indiana and Tennessee provides the minimalistic amount of preventive misconduct refutal incentives in relation to employer safety rules. Workers compensation in the Kentucky statute provides for only a decrease in compensation benefits in regards to intentional failure to follow a safety rule of an employer (Spurlock, 2012). In addition, the statute also creates an affirmative defense regarding voluntary intoxication.Numerous employers have a unprejudiced safety rule that forbids horseplay. In Kentucky, it is not clear as to how horseplay receives treatment bec ause, in several cases, injuries that bear on horseplay are probably not considered to come out of the employment course, hence making horseplay act as a fully affirmative defense. Furthermore, the rules against horseplay have applied parallel consideration that have seen evaluation of the intrusion of non-horseplay safety rules is the history of the employers enforcing the rule of horseplay (Spurlock, 2012).Statutorily, the workers compensation of Indiana provides for an affirmative defense, barring compensation for all forms of safety misconducts (Spurlock, 2012). In addition, the statute of Indiana provides for full affirmative defense for failing to obey a safety rule or usage of a safety appliance.Regarded as a minority state in providing workers compensation of misconduct affirmative defense (Spurlock, 2012). Tennessees statute also provides for full affirmative defenses in particular in regards to illegal drug use or intoxication and refusal or failure in employ a safety device.In summary, even though they act as a full defense or simply decrease benefits,