Part II of our Post on Corporate Campaigns using safety to harm a company's reputation, and in the case of Tesla, compel the Company to give in to Union demands. This part concludes the discussion by describing the variety of attack strategies and proposing commonsense steps to improve one's safety culture and deny a group's ability to destroy your company's reputation using safety as a club.

You have probably heard lawyers grump that “bad facts make bad law.” This growl means that unusually egregious facts may cause a jury to rule for a plaintiff where the law does not actually favor them. Similarly, it only takes a few unusual workplace fatalities or a recalcitrant employer to bring an industry to the top of OSHA’s list. As an example, while I believe that OSHA’s focus on temporary employees was appropriate, this interest was triggered by several cases where a temporary employee was killed on the first day of work.