Risk Management and Employee Rights

measuring absenteeism

(number of person - days lost through job absence during period)/(average number of employees) x (number of work days) x 100

workplace violence issues

- workplace violence warning signs - training in detection and prevention - post-violence management responses

handling substance abuse cases

-ADA does not protect current users of illegal drugs -Addiction to legal drugs is considered a disability

legal requirements for safety and health

1. Child Labor Laws 2. Worker's comp 3. ADA and accommodations for safety

privacy rights and employee records

1. access to personal information held by employer 2. response to unfavorable information in records 3. correction of erroneous information 4. notification when information is given to a third party

employers' restrictions on employees' free speech rights

1. advocacy of controversial views 2. publication of blogs or wikis 3. engaging in whistle-blowing - an employer can discipline an employee if the employee's off-the-job behavior puts the company in legal or financial jeopardy

work-related alternative dispute resolution methods

1. arbitration 2. peer review panels 3. ombuds

policies in employee handbooks

1. at-will prerogatives 2. harassment 3. electronic communication 4. pay/benefits 5. discipline 6. hours worked

dealing with an inspection

1. check credentials 2. opening conference 3. safety record check 4. on-the-spot inspection

use handbook

1. communicate and discuss handbook 2. notify all employees of changes in the handbook

balancing employer security and employee rights employer investigations

1. conducting work-related investigations 2. employee theft 3. honest and polygraph tests

termination process

1. coordinate manager and HR review 2. select a neutral location 3. conduct the termination meeting 4. have HR discuss termination benefits 5. escort the employee from the building 6. notify the department staff

HR unit responsibilities health, safety, and security

1. coordinates health and safety programs 2. develops safety reporting system 3. provides accident investigation expertise 4. provides technical expertise on accident prevention 5. develops restricted-access procedures and employee identification systems 6. assists with disaster and recovery planning efforts

positive approach to discipline

1. counseling 2. written documentation 3. final warning (decision day-off) 4. discharge

organizational approach

1. designing jobs 2. developing and implementing safety policies 3. using safety committees 4. coordinating accident investigations

engineering approach

1. designing work settings and equipment 2. reviewing equipment 3. applying ergonomic principles

recommended employer actions regarding electronic communications

1. develop an electronic communications policy 2. communicate the policy to employees 3. obtain signed permission from employees 4. monitor for business purposes only 5. enforce the policy through disciplinary procedures

legal review of language

1. eliminate controversial phrases in wording 2. use disclaimers disavowing handbook as a contract 3. keep handbook content current

rights affecting the employment relationship

1. employment-at-will 2. wrongful and constructive discharge 3. just cause 4. due process 5. distributive and procedural justice

disaster training

1. first aid/CPR 2. hazardous materials containment 3. disaster escape means 4. employee contact methods 5. organizational restoration efforts

effective discipline

1. focuses on problem behaviors, not at the employees personally 2. supports distributive and procedural justice in the organizations 3. relies on supervisors and manager who are properly trained on when and how to use discipline

OSHA enforcement standards

1. hazard communication 2. bloodborne pathogens 3. personal protective equipment (ppe) 4. cumulative stress disorders 5. work assignments

emphases in risk management

1. health (individual) 2. safety (physical) 3. security (organizational)

criteria for evaluating due process considerations

1. how have precedents been handled? 2. is a complaint process available? 3. was the complaint process used? 4. was retaliation used against the employee? 5. was the decision based on facts? 6. were the actions and processes viewed as fair by outside entities?

types of employee misconducts

1. illegal drug use 2. falsification of documents 3. misuse of company funds 4. disclosure of organizational secrets 5. workplace violence 6. employment harassment 7. employee theft

citations and violations

1. imminent danger 2. serious 3. other than serious 4. de minimis 5. willful and repeated

global health, safety, and security

1. international health services- pandemics 2. international security and terrorism 3. kidnapping/violence

when to drug test conditions

1. job consequences outweigh privacy concerns 2. accurate test procedures are available 3. written consent of the employee is obtained 4. results are treated confidentially 5. employer has drug problem, including an EAP

employee handbooks

1. legal review of language 2. readability 3. use

direct costs of accidents

1. medical 2. compensation

managers responsibilities health, safety, and security

1. monitor the health and safety of employees daily 2. coach employees to be safety conscious 3. investigate accidents 4. monitor workplace for security problems 5. communicate with employees to identify potentially difficult employees

balancing employer security and employee rights workplace monitoring

1. monitoring e-mail and voicemail 2. conducting video surveillance at work 3. monitoring employee performance

approaches to effective safety management

1. organizational approach 2. engineering approach 3. individual approach

managing safety effectively

1. organizational commitment and a safety culture 2. safety, policies, discipline, and recordkeeping 3. safety training and communication 4. safety planning through safety committees

risk management concerns

1. preventing accidents and health problems at work 2. planning for terrorism attack 3. protecting against workplace violence 4. ensuring HR data are secure 5. anticipating global disease outbreaks 6. preparing for natural disasters

policies for conducting drug test

1. random testing of all employees at periodic intervals 2. testing only in cases of probable cause 3. testing after accidents

individual approach

1. reinforcing safety motivation and attitudes 2. providing employee safety training 3. rewarding safety through incentive programs

security of employee records

1. resist access to all records 2. set confidential passwords to HR database 3. keep sensitive information in separate files and restricted databases 4. inform employees about data retained 5. purge outdated data from records 6. release information only with employee's consent

security management programs

1. security audit 2. controlled access 3. computer security

hidden/indirect costs of accidents

1. time lost from work 2. economic loss to employee 3. time loss by peers 4. loss of efficiency by crew 5. lost time by supervisor 6. cost of training substitute 7. damage to equipment 8. time equipment is out of service 9. spoiled work 10. water, chemical, etc. damage 11. others, depending on circumstances

progressive approach to discipline

1. verbal caution 2. written reprimand 3. suspension 4. discharge

criteria for evaluating just-cause determinants

1. was the employee warned of the consequences of the conduct? 2. was the employer's rule reasonable 3. did management investigate before disciplining? 4. was the investigation fair and impartial? 5. was there evidence of guilt? 6. were the rules and penalties applied evenhandedly? 7. was the penalty reasonable, given the offense?

types of drug tests

1.urinalysis 2. radioimmunoassay of hair 3. surface swiping 4. fitness-for-duty tests (impairment)

discipline

a form of training that enforces organizational rules

Employee Assistance Program

a program that provides counseling and other help to employees having emotional, physical, or other personal problems

health promotion

a supportive approach of facilitating and encouraging healthy actions and lifestyles among employees

incidence rate

absences per 100 employees each day

readability

adjust reading level of handbook for intended audience of employees

noncompete agreements

agreements that prohibit individuals who leave an organization from working with an employer in the same line of business for a specified period of time

separation agreement

an agreement in which a terminated employee agrees not to sue the employer, in exchange for specified benefits

employment contract

an agreement that formally outlines the details of employment

constructive discharge

an employer deliberately makes working conditions to get (to force) that employee to resign or quit

right to privacy

an individual's freedom from unauthorized and unreasonable intrusion into personal affairs

absenteeism

any failure to report for work as scheduled or to stay at work when scheduled

severity rate

average time lost per absent employee during a specified period of time

voluntary absenteeism

avoidable without justifiable cause

worker's comp injuries that cause time lost from work

carpal tunnel, fracture, inflammation, amputation, concussion, burn

employment-at-will

common law doctrine stating that employers have the right to fire, hire, demote or promote whomever they choose, unless there is a law or contract to the contrary

on-the-spot inspections

compliance officers- Marshall v. Barlow's Inc.

HR procedures

customary methods of handling activities

ADA provisions

employee medical records are to be kept as separate confidential files under limited conditions specified in the ADA

profile of a potentially violent employee

frustration, history of aggression, obsession/grudge, loner, stress, work is sole major activity, temper/anger, past violent behavior, telephone or email harassment, stalking, holding grudges - verbal threats -intimidation -blaming others -behavior change -conflict with others -upset over minor injustices

HR policies

general guidelines that focus organizational actions

why dont managers discipline

get in trouble for doing it wrong, they worry about being friends

health promotions level 3

health emphasis -benefits integrated with programs -dedicated resources and facilities -continuous health promotion -health education curriculum

employee rights

hr policies, procedures, and rules

other measures of absenteeism

incidence rate, inactivity rate, severity rate

health promotion level 1

information and awareness -brochures and materials - health risk screenings -health tests and measurements -special events and classes

risk management

involves responsibilities to consider physical, human, and financial factors to protect organizational and individual interests

health promotions level 2

lifestyle wellness -wellness education program - regular health classes - employee assistance programs - support groups - health incentives

calculations of costs of absenteeism should include

lost wages and benefits, overtime for replacements, feed for temporary employees if incurred, supervisors and managers time, substandard production and performance, overstaffing necessary to cover anticipated absences

child labor laws

minimum age at 16, 18 for hazardous situations

cumulative trauma/stress disorder

muscle and skeletal injuries that occur when workers repetitively use the same muscles to perform tasks

responsibilities

obligations to perform certain tasks and duties

OSHA inspections

on-the-spot inspections dealing with an inspection citations and violations

occupational safety and health act of 1970 (OSHA)

passed to assure safe and healthful working conditions

distributive justice

perceived fairness in the distribution of outcomes

procedural justice

perceived fairness of the process used to make decisions

inactivity rate

percentage of time lost to absenteeism

keys for preparing a defense against wrongful discharge

performance appraisal written records written warning group involvement grounds for dismissal

wellness programs

programs designed to maintain or improve employee health before problems arise

just cause

reasonable justification for taking an employment-related action

OSHA enforcement standards

regulate equipment and working environments: -the "general duty" of employers to provide safe and healthy working conditions - notification and posters are required of employers to inform employees of OSHA's safety and health standards

intellectual property

right to keep trade secrets confidential, right to have employees bring business opportunities to the employer first before pursuing them elsewhere, common-law copyright for works and other documents prepared by employees for their employers

contractual rights

rights based on a specific contract between employer and employee

statutory rights

rights based on specific laws passed by federal, state, and local governments - EEO, collective bargaining, workplace safety

HR rules

specific guidelines that regulate and restrict the behavior of individuals

wrongful discharge

termination of individual's employment for reasons that are improper or illegal

rights

that which belongs to a person by law, nature, or tradition

implied contract

the idea that a contract exists between the employer and the employee based on the implied promises of the employer

due process

the means used for individuals to explain and defend their actions against charges or discipline -distributive justice, procedural justice

involuntary absenteeism

unavoidable with understandable cause

substance abuse

use of illicit substances or misuse of controlled substances, alcohol, or other drugs