HRM FINAL CH. 11-12

Workplace Safety, Health and Security

*Signs of Potential Workplace Violence Watch for passive-aggressive behavior in rising steps, related to an unresolved conflict. Take verbal threats seriously. Watch nonverbal communication. Watch for stalking and harassment. Watch for damage to property. Watch for indications of alcohol and drug use. Include the isolated employee. Look for the presence of weapons or objects that might be used as weapons.

Additional Protections

- Provide safety education for employees so they know what conduct is not acceptable. -What to do if they witness or are subjected to workplace violence, and how to protect themselves. -Secure the workplace. Where appropriate to the business, install video surveillance, extra lighting, and alarm systems. -Minimize access by outsiders through identification badges, electronic keys, and security guards. -Provide drop safes to limit the amount of cash on hand. -Keep a minimal amount of cash in registers during evenings and late night hours. -Equip field staff with cellular phones and hand-held alarms or noise devices.

Uniformed Services Employment & Reemployment Rights Act (USERRA)

- Right to return to job & receive benefits while on duty

Socialization

- the process by which an individual comes to appreciate the values, abilities, expected behaviors -Explicit in policies & procedures -Implicit in culture -Accrued over time

2. Implied contracts

-A minority of state courts recognize "implied-in-fact" contracts & infer a contractual obligation prohibiting employers from firing an at-will employee Implied contracts could be -Written discharge procedures -Contracts created by the employer's oral representations of job security -Covenant of "good faith & fair dealing" prohibiting employers from terminating employees in bad faith or with malice -Promissory estoppel- a promise of employment or continued employment in unambiguous terms Courts in 34 states have held that an employer's oral statements can create an enforceable contract for employment

1. Public policy

-An employer cannot terminate an employee for engaging in activities that are deemed to be beneficial to the public welfare -Refusing to commit illegal or unethical acts -Performing a legal duty e.g., military service or jury duty -Exercising legal rights e.g., filing for workers' compensation -Whistleblowing e.g., reporting employers for safety, health or statutory violations

How can the employees protect themselves? (Cont.)

-Avoid traveling alone into unfamiliar locations or situations whenever possible. -Carry only minimal money and required identification into community settings.

Examples of Questionnaire Items Measuring Justice Dimensions Distributive Justice

-Did the result reflect the effort you put into the work? -Is the outcome appropriate for the work you did? -Is the outcome justified given your performance level?

Procedural Justice

-Did you get an opportunity to express your opinions during the procedures? -Were the procedures free of bias? -Were the procedures applied consistently? -Were the procedures based on accurate information?

Exceptions to "At-Will" doctrine

-Differ by state-some allow more exceptions than others -Only six states adopt all of the following 3 exceptions -Failure to understand law can lead to wrongful termination suits ** EEO AND LABOR ARE EXCEPTIONS

Employment status

-Employee -Contractor (Right to control) ?

Organizational Entry

-First stage in which the individual begins to form expectations as to how they will be treated by the organization

High Risk Professions

-Health-care and social service workers -Visiting nurses -Psychiatric evaluators -Probation officers -Community workers such as gas and water utility employees, phone and -Cable TV installers -Letter carriers -Retail workers -Taxi drivers.

Puerto Rico Laws Relating to Workplace Violence

-It is unlawful to have or possess, bear, carry or transport any pistol, revolver or other firearm without having a license for the weapon. Also, it is unlawful to carry a loaded pistol, revolver or other firearm, while at the same time bearing, carrying or transporting ammunition used for discharging the pistol, revolver or other firearm without a license to carry weapons. A license is required to bear, carry or transport parts of firearms, even for purposes of repair.

What should employers do following an incident of workplace violence? (Cont.)

-Offer stress debriefing sessions and posttraumatic counseling services to help workers recover from a violent incident. - Investigate all violent incidents and threats. -Monitor trends in violent incidents by type or circumstance, and institute corrective actions. -Discuss changes in the program during regular employee meetings.

Realistic Job Previews (RJPs)

-Presentation of relevant, balanced, & unbiased information about the organization, the job, & the conditions under which the job candidate will work -Research shows leads to reduction in turnover -Helps employee create coping mechanisms for stressful aspects o the job -Conveys organizational honesty -Allows candidate to voluntarily withdraw from the process -May require recruitment of larger candidate pool

What should employers do following an incident of workplace violence?

-Provide prompt medical evaluation and treatment after the incident. -Report violent incidents to the local police promptly. -Inform victims of their legal right to prosecute perpetrators. -Discuss the circumstances of the incident with staff members. -Encourage employees to share information about ways to avoid similar situations in the future.

Additional Protections (Cont.)

-Require them to prepare a daily work plan and keep a contact person informed of their -location throughout the day. -Keep employer provided vehicles properly maintained. Instruct employees not to enter any location where they feel unsafe. Introduce a "buddy system" or provide an escort service or police assistance in potentially dangerous situations or at night. -Develop policies and procedures covering visits by home health-care providers. Address the conduct of home visits, the presence of others in the home during visits, and the worker's right to refuse to provide services in a clearly hazardous situation.

Worker Adjustment & Retraining Notification Act (WARN)

-Requires organizations to give affected employees 60 days' written notice when a plant will close or when mass layoffs are expected

Individual Prevention of Violence

-Screen (perform background checks on) applicants and test them for substance abuse to prevent "negligent hires". -Offer preventive programs—including drug and alcohol testing— that can protect the firm from liability.

Organizational Prevention of Violence

-Start with a written, zero-tolerance policy. -Train employees to deal with anger and prevent violence. -Take quick disciplinary action against employees who are violent at work; otherwise, aggression will spread. -Have a system for dealing with grievances, and track incidents of violence. -Screen job applicants for past or potential violence so they are not hired. -Develop a good work environment.

What protections does OSHA offer?

-The Occupational Safety and Health Act's (OSH Act) General Duty Clause requires employers to provide a safe and healthful workplace for all workers covered by the OSH Act. -Employers who do not take reasonable steps to prevent or abate a recognized violence hazard in the workplace can be cited. -Failure to implement suggestions,however, is not in itself a violation of the General Duty Clause.

What can employers do to help protect these employees? ***

-The best protection employers can offer is to establish a zero-tolerance policy toward workplace violence against or by their employees. -The employer should establish a workplace violence prevention program or incorporate the information into an existing accident prevention program, employee handbook, or manual of standard operating procedures. -It is critical to ensure that all employees know the policy understand that all claims of workplace violence will be investigated and remedied promptly. -In addition, employers can offer additional protections.

Source

-U.S. Department of Labor Occupational Safety and Health Administration

Orientation AVOID

-Using too much time to complete paperwork -Giving too much information too quickly -Giving information that is irrelevant to adjustment to the position & the organization -Scaring employees by spending an inordinate amount of time discussing negative aspects of the job -Using lectures & videos rather than methods that allow for two-way communication -Limiting orientation to the first day at work -Selling the organization

High Risk Workers

-Workers who exchange money with the public -Workers who deliver passengers, goods, or services; -Workers who work alone or in small groups, ** -Workers who work during late night or early morning hours, -Workers who work in high-crime areas, or in -community settings and homes where they have -extensive contact with the public.

CH. 11 Violence in the workplace What is Workplace Violence?

-Workplace violence is violence or the threat of violence against workers. -It can occur at or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. -However it manifests itself, workplace violence is a growing concern for employers and employees nationwide.

External Forces Law Employment-at-will doctrine

-a private institution has the right to terminate its employees, with or without just cause, in the absence of a contract -Proponents argue that individuals often exercise this right -Major exceptions - labor & anti-discrimination statutes e.g., National Labor Relations Act, Title VII, etc. -Interpretation varies by state -Individuals also protected from retaliation related to EEO laws, e.g., testifying on behalf of plaintiff

Persons authorized by the Superintendent of Police to lawfully have, possess, bear, transport and carry a revolver or pistol because of the nature of their office and the duties they perform:

-judges, prosecuting attorneys, clerks, marshals and deputy marshals of the courts of Puerto Rico, as well as judges, prosecuting attorneys, deputy prosecuting attorneys, marshals and deputy marshals and the clerks of the courts of the United States who are discharging their duties in Puerto Rico -the members of the legislature and any official of the government of Puerto Rico -mail carriers, during the discharge of their duties as mail carriers -carriers and custodians of public funds, while public funds are in their custody -employees of the commonwealth, provided the request is authorized and justified by the head of the dependency for which the person works -internal revenue collectors and agents, at the request of the secretary of the treasury and the inspectors of the public service commission, at the request of the chairperson of the public service commission -former governors, judges, prosecuting attorneys and legislators who have completed at least one term of their election and/or appointment, unless otherwise approved by the superintendent of police ambassadors, consuls or officials from foreign countries recognized by the United States government

Negligent hiring

-occurs when an employee who actually caused the death or injury had a clear history or reputation indicating a propensity to behave in a certain way and this record would have been discoverable by the employer through, appropriate due diligence

Negligent retention

-occurs where an employer failed to remove an employee from a position of responsibility after it became apparent or should have been apparent that the employee should not have had this responsibility

Ethics Programs 2

Benefits include reduced misconduct & protection against law suits Managerial support is important (MOST) and role modeling - Programs with highest likelihood of reporting included -Written statement -Training -Advice lines -Reporting systems

Internal Forces Violations of Policy/Discipline 2 Guiding principles

Decisions should be based on job-related criteria Employees should be treated consistently Company policy should be followed; any deviation from company policy due to mitigating circumstances should be clearly documented & explained Communication to all involved should be accurate & honest, but confidentiality should be maintained when appropriate

Creating a More Positive Parting 2

Downsizing & layoffs Advanced notice of the downsizing efforts Outplacement assistance for downsized workers Consideration given to layoff alternatives Worksharing programs Hiring freeze Early retirement packages Retirement Flexible retirement allows employees to phase into retirement slowly Use of retired employees as volunteers & ambassadors for their social programs

Law Privacy 2

Employer can impose rules regarding the off-duty behavior of employees Balance respect for employees & protection from culpability Develop a "No Abuse of Privilege Clause" Written policy notifying employees of monitoring removes expectation of privacy

Ethics Programs

Formalized program designed to ensure honest, fair, & responsible action on the part of employees Four elements emphasized in ethical thinking programs 1. Respect customs/rituals of others 2. Think of yourself & the organization as a part of larger society 3. Evaluate a situation objectively & evaluate anticipated & unintended consequences of possible actions 4. Consider welfare of others as much as is feasible

3. Tort theories

Includes intentional infliction of emotional distress & defamation -Employee must assert employer harassed him/her or acted in some other extraordinary or outrageous manner, causing the employee emotional distress -Defamation stipulates that an employer cannot publish an untrue statement about an employee to a third party Recommendation Handbooks should include stipulation that employer is an "employment-at-will" organization

Contemporary Issues

Increasing in frequency & severity Homicide is second leading cause of death in the workplace Need to be aware of all forms of violence, such as fighting or bullying OSHA issued guidelines recommending assessment of security issues

Employee Handbooks

Purposes of employee handbook according to Inc. magazine -Communicate company policies & procedures -Establish mutual agreements between employee & organization while avoiding contractual language -Explain the company's philosophy -Excite & motivate the employees about their jobs -Convey a broader sense of the company mission & vision

Law Protection of Employer's Confidential Information

Non- compete Agreement - restricts acceptance of employment with a competitor for a specific period of time Garden Leave Agreement - provides compensation during the restricted time period Computer Fraud & Abuse Act - bars individuals from accessing a computer without authorization or beyond their access authority

How can the employees protect themselves?

Nothing can guarantee that an employee will not become a victim of workplace violence. These steps, however, can help reduce the odds: -Learn how to recognize, avoid, or diffuse potentially violent situations by attending personal safety training programs. - Alert supervisors to any concerns about safety or security and report all incidents immediately in writing.

CH .12 Managing Employment Relationship *

Perception of fairness in receiving things in balance with contributions Distributive Justice Perception of equity in allocation of rewards & punishments Procedural Justice Perception of rules, laws, policies Interpersonal Justice Treatment received from management as decisions are made Informational Justice Adequacy of explanations provided by management

Law Privacy

Privacy Act of 1947—protection against use of employment records for purposes other than business functioning PATRIOT Act of 2006— easier access by government officials to commercial databases that track credit card purchases, telephone records, & e-mail messages; this data mining technology has the potential to be used & abused by employers Fair Credit Reporting Act— regulates "investigative consumer reports" about employee HIPPA, 2005- restricts use of employee medical information Employer can impose rules regarding the off-duty behavior of employees

Progressive Discipline

Process Verbal warning Written warning copied to supervisor's file Written warning copied to HR file Suspension or demotion Termination Grievances Formal written complaint Can include peer review May provide for formal mediation or arbitration

Internal Forces Violations of Policy/Discipline

Punishment - provision of negative consequences following behavior Discipline - future oriented to point the way to more productive behavior Progressive Discipline - discipline is suited to the severity of the offence

Law Whistleblowing

Reporting misconduct to persons who have the power to take action Protected by various federal, state & local laws -42 states have protection for public employees -19 states have protection for private employees Many statutes have whistleblowing provisions (e.g., Clean Air Act, the Occupational Safety and Health Act (OSHA), the Civil Service Reform Act) Organizations should promote internal reporting Covenant of non-disclosure protects employer's information Employees have a duty to protect confidential information

Creating a More Positive Parting

Resignation/Voluntary Turnover -High turnover can result in poor financial performance -Turnover results in costs to the organization -Organizations should understand the means to reduce involuntary turnover -Exit interviews can help assessment of reasons for turnover

Who is Vulnerable?

Some 2 million American workers are victims of workplace violence each year. Workplace violence can strike anywhere, and no one is immune. Some workers, however, are at increased risk.

Flexible or traditional work schedule

Telecommuting - low turn over Flextime- very effective in relieving work family stress Permanent part-time work Job sharing Compressed work weeks

Organizational Exit

The dissolution of the employment relationship Termination— dissolution of employment relationship originated by the organization Resignation— employees voluntary leave their position Downsizing & Layoffs — tactical, physical action of eliminating redundant skills in the organization Retirement— exit from organization or career path of considerable duration taken by individuals after middle age taken with the intention of reduced psychological commitment to work thereafter

Internal Forces Employee Surveys

Useful in determining satisfaction with programs & gathering feedback about policies & procedures -Reveal organization's strengths & weaknesses -Used to facilitate planned organizational change -Valuable to compare to external standard & trends -Effective as part of an assessment & intervention strategy -Satisfaction with supervisor most related to job performance -Worker engagement positively related to revenue & sales

Violence prevention programs

can reduce legal & health-related costs of violence -Pre-employment screening (background checks) -Develop written policies & procedures -Training & education -Employee Assistance Programs (EAPS) to educate on stress, abuse awareness, and emotional problems -Threat management teams for risk assessment -Security

Orientation

formal, organizationally sponsored socialization -Institutional orientation -Larger organizations tend to have more formal orientation -Formal orientation tends to be more successful *** (institutional) -Informal activities can compliment -Orientation can begin once the offer is made

Employee Privacy

see slide 19

Employee Handbook What to Include

slide 23

Ethics in the Workplace***

slide 6!!