Whirlpool Corporation Case the Subjective Essay

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Conversely, had there never been any history of previous accidents or falls associated with the netting despite regular clearing procedures performed by employees, their refusal to comply with instructions to clear the netting would not have been as reasonable. In the Whirlpool case, the objective assessment of the risk would have suggested that the fears of the employees were reasonable based on the previous history of the very types of accidents they refused to take.

The Reasonable-Person Argument

The reasonable standard argument is similar to the objective argument except that it allows for another element outside of the analysis. Specifically, it is possible for the same risk to be more or less reasonable based on (1) the nature of the work involved or the industry, and (2) on any difference between what the risks are in fact and what they might appear to be (even erroneously) from the perspective of an ordinary reasonable person with knowledge of the same facts and circumstances (Boatright, 2008).

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For example, a reasonable office worker should not expect to endure breathing smoke-filled or dust-filled air at work; however, a reasonable firefighter or coal miner could not make those complaints. Likewise, if the employer in this case had provided a safe elevated surface and appropriate safety harnesses as a backup, the reasonable employee would probably not have been justified in refusing the order to clear the elevated surface. Under those circumstances, an ordinary person would (or should) know that the supervisor's orders were not unsafe; therefore, the employees' refusal to comply with those instructions would not be justified under the reasonable person standard......

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