Chapter 14

A. Eight Essential Steps in Improving the Work Environment

1. Affirm management's commitment to a safe and healthy environment 2. Review current safety objectives and policies 3. Conduct periodic evaluations and inspections of the workplace 4. Identify potential and existing work hazards in the areas of safety and health 5. Identify the employees at risk 6. Make the necessary improvements in the workplace 7. Prepare and conduct preventive programs 8. Monitor the feedback results and evaluate costs B. Top management taking active role in the health of workers C. Resources must be made available D. Employee participation is crucial E. Managers should create an atmosphere where employees feel comfortable reporting F. Managers held accountable for the health and safety of workers G. Health and safety is an international issue

B. The Occupational Safety and Health Administration Act 1970

1. Created OSHA within the U.S. Dept of Labor 2. OSHA's mission is to prevent work-related injuries, illnesses, and deaths a) Data indicate trend of reduced fatalities and accidents 3. OSHA applies to all U.S. employers 4. Severe Violator Enforcement Program is designed to address employers who repeatedly and willfully violate the law 5. OSHA encourages states to create safety and health programs for workers 6. OSHA is focused on three strategies a) Strong, fair and effective enforcement b) Outreach education and compliance c) Partnerships and cooperative programs 7. OSHA imposes standards and conducts workplace inspections 8. General duty clause covers areas that do not have specific standards 9. Setting limits for exposure to hazardous materials 10. Employers may request a temporary variance when unable to comply with a new standard 11. Record keeping and Reporting a) Employers with 11+ employees must record of injuries and illnesses (Figure 14-3) a) Must be kept for 5 years b) Used for analyzing workplace & identifying ergonomic problems 12. Defining Occupational Injury or Illness a) Occupational Injury: any injury that results from a work-related accident or from exposure involving a single incident in the work environment a) Occupational illness: any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment b) Recorded when i) Death ii) One or more lost work days iii) Restriction of work or motion iv) Loss of consciousness v) Transfer to another job vi) Medical treatment beyond first aid 13. Workplace Inspections a) OSHA is authorized to i. Enter without delay at reasonable times ii. Inspect and investigate within reasonable limits and manner b) Priorities: i) Reports of imminent dangers and actual accident sites ii) Employee complaints iii) Target industries iv) Random inspections v) Follow-up inspections c) Inspections are conducted without advance notice d) Inspections conducted by trained inspectors i) Marshall v. Barlow's Inc (1978)- OSHA may not conduct warrantless inspections without an employer's consent e) Inspections ii) Opening conference scope of inspection is stipulated iii) Inspection Tour iv) Closing Conference f) Appeals rights 14. Abatement period - time to fix problems 15. Types of violations a) Other than Serious b) Serious c) Willful d) Repeated e) Failure to Abate Prior Violation 16. Additional Penalties a) Falsification b) Violation of posting requirement c) Assaulting a compliance officer, or otherwise resisting and opposing d) Citations and penalties vary from state to state e) The average OSHA penalty is low 17. Top Five OSHA violations a) Scaffolding b) Hazard communication c) Fall protection d) Lockout/control of hazardous energy respitory protection e) Electrical wiring 18. Services Available a) Consultation assistance b) Voluntary protection programs: i) Recognize outstanding safety achievement (a) Star -most demanding and most prestigious (b) Merit -stepping stone to Star program (c) Demonstration c) Training and education

A. Safety Rules

1. Detailed handbooks are most effective Safety rules must be enforced to be effective

A. Selective Hiring

1. Eliminate high risk applicants 2. Can you predict accident proneness a) Older employees are safer than young employees b) Physical characteristics are related to accident rates when critical to the job c) A poor driving record does not predict future behavior

A. Worker's Compensation, Figure 14-1, page 507

1. Federally mandated insurance program based on liability without fault 2. What Employers Need Workers Compensation Coverage and What are the Costs a) Public and private employers are covered b) Policy and provisions vary across states, and not all jobs are covered i) State law determines what claims are admissible ii) Premium rates vary across states and according to health and safety records

A. Safety Training

1. Formal programs are more effective 2. Supervisory safety practices are important 3. OSHA has issued "voluntary training guidelines" 4. Training typical in industries with serious accident problems 5. Training needs to adjust to changing workforce

A. Teamwork, Supervision, and Decentralized Decision Making

1. Fosters higher group cohesion 2. Quality of supervisor-employee relationship and group cohesion are the best predictors of the tendency to comply with safety rules 3. Workers in teams tend to feel responsible for their own and each other's safety 4. Provides greater opportunity for control

A. Incentive Systems

1. Small incentives can change employees' attitudes 2. Safety contests that departments compete or with past records for prizes 3. Research supports value of safety incentive programs 4. If rewards are too large, could be an incentive to not report

V. Contemporary Issues Related to Health and Safety

A. AIDS and the Workplace 1. Costs of AIDS include medical, HR issues and productivity losses 2. ADA protects AIDS victims 3. OSHA mandates firms have HIV/AIDS policy 4. Bloodborne Pathogen Standard 5. Business must have a comprehensive HIV/AIDS policy and communicate the plan throughout the workplace 6. CDC AIDS Clearinghouse provides businesses with information on policies and education B. Drugs in the Workplace 1. Cost business $102 billion annually 2. Drug user creates higher incidence of workplace violence, irritability, accidents, and errors 3. Drug Free Workplace Act of 1988 requires federal contractors to provide drug-free workplace 4. Most companies do drug testing (AMA survey found 78%) a) Personal injuries decline after a drug test program is initiated b) Five approaches to drug testing i) Preemployment ii) Random iii) Reasonable cause iv) Return to duty v) Post-accident c) Often contested under the Fourth amendment; unreasonable search and seizure d) Unionized employers must bargain with the union about the procedures to be used e) Components of a sound drug testing policy: i) Notice to employees (or applicants) that drug testing will be conducted and the procedures to be used ii) An opportunity for the individual to disclose which prescription or over-the-counter drugs he or she is currently taking as well as other information that might skew the test results iii) A careful chain of custody to ensure that samples are not lost, mixed up, or switched iv) A dignified but secure method of collecting samples v) Confirmation of all positive drug results with more sensitive tests vi) The opportunity for the individual to have the sample retested at his or her own expense vii) Confidentiality of test results f) Determine what substances are permissible g) Apply due process C. Smoking in the Workplace 1. Businesses lose $82 billion in lost productivity from smokers 2. Secondhand smoke as the third largest cause of preventable death 3. EPA "Guide to Workplace Smoking Policies" recommends ventilated smoking lounges in the workplace 4. Increasing number of companies banning smoking both on and off the job 5. No specific OSHA regulation, covered by "general duty" requirements 6. Numerous states have issued antismoking restrictions and 29 have passed smoker protection laws 7. Evidence shows that employees who smoke are more expensive 8. Companies should development workplace smoking policies D. Violence in the Workplace 1. Increasing in frequency and severity 2. Homicide is second leading cause of workplace deaths 3. HR needs to be aware of all forms of workplace violence 4. OSHA issued guidelines recommend assessment of security issues 5. Consequences a) Pain and suffering or loss of life b) Health care costs c) Higher workers' compensation fees d) Legal costs e) Lost wages and productivity f) Damaged image 6. Violence Prevention Programs a) Pre-employment Screening i) Predict likelihood that applicant is prone to violence ii) Background checks iii) Structured interviews b) Develop written policies and procedures c) Negligent hiring/negligent retention d) Training and Education i) Educate managers and supervisors on signs of stress ii) Give employees an outlet for grievances e) Employee assistance programs (EAPs) i) Educate employees on stress, abuse awareness, and emotional problems ii) Train on dismissals iii) Counseling after dismissals f) Threat Management Teams i) Conduct risk assessments ii) Outline scope of activities iii) Coordinate services iv) Communicate to families g) Security i) Regular police checkups ii) Clearing high-risk areas iii) Safe arrangement of office furniture iv) Escape routes h) Employer's responsibility to ensure safe and healthy workplace 7. Video Display Terminals (VDTs) a) Eye fatigue "computer vision syndrome" b) Muscular and wrist problems c) Extend of health risks unclear d) Psychological stress based on unknown impact documented e) Mitigate problems thru training and ergonomic methods and equipment f) OSHA issued VDT checklist (Figure 14-10) 8. Repetitive Strain Injuries (RSI) a) Costs in workers' compensation claims $20 billion b) Ergonomics is science of designing work space c) Investigated and enforced under "general duty clause" d) California is the only state with safety standards related to RSI e) "Best Practices" program designed by OSHA-use of program reduced RSI injuries/lost work days 9. Occupational Stress a) Rising stress levels b) Post Traumatic Stress Disorder (PTSD) c) Effects of stress include potential for violence and accidents at work d) Job stress - job related factors cause a worker to deviate away from normal functioning e) Stressors related to job demands i) Role overload ii) Role conflict iii) Role ambiguity f) Individual differences-personality variables i) Type A personalities suffer more stress ii) "Proactive" personality types more able to control stressful situations g) Conflicts of job obligations with family obligations h) Burnout-reflects emotional exhaustion i) Interventions i) Role of manager critical for reducing number and intensity of stressors ii) Telecommuting iii) Increased job control leads to reduced stress iv) Physical job performance exams v) Job Design j) Types of Stress i) Challenge related stress can be positive k) Intervention Targets i) Change the situation ii) Modify employee appraisal of stress iii) Help Employees cope 10. Employee Assistance Programs a) Programs found to be cost- effective b) Exempts supervisors from trying to diagnose c) Treat job stress, alcoholism, drug abuse, marital and emotional problems, and financial problems d) Goal is to return to normal, productive functioning on the job e) Usually run by outside health service organization 11. Employee Wellness or Fitness Programs a) Focus on prevention b) They are cost effective for organizations c) Incentives to stay well

Overview

A. Growing interest due to number of increasing illnesses and occupational injuries B. Industrial accidents cost the U.S. economy billions of dollars per year C. OSHA is responsible for establishing and enforcing occupational health and safety standards D. Death and accident rates vary substantially as a function of the industry, occupation, and organization size E. Moderate-sized organizations have highest accident rates F. Unions were instrumental in improving working conditions G. U.S. is safer than most countries H. Chemical hazards, repetitive stress injuries, and job burnout are three growing problems

IV. Programs to Reduce Accidents at Work

A. Key principles (Figure 14-7) 1. Safety should be internally, not externally, driven 2. Culture changes require people to understand the principles and how to use them 3. A total safety culture requires continuous attention to factors in three domains: environment, behavior, and person 4. Don' t count on common sense for safety improvement 5. Safety incentive programs should focus on process rather than outcomes 6. People view behavior as correct to the degree they see others doing it 7. On-the-job observation and interpersonal feedback are key to total safety culture 8. Behavior is directed by activators and motivated by consequences 9. People compensate for increases in perceived safety by taking more risks 10. Stressors lead to positive stress or negative distress, depending on appraisal of personal control 11. When people feel empowered, their safe behavior spreads to other situations 12. Numbers from program evaluations should be meaningful to all participants

Common Workplace Injuries and Diseases

A. Lower-back injuries account for 25% of all lost workdays B. Noise is a common cause of occupational diseases C. Food poisoning from improper food handling is common illness D. Distracted driving 1. Texting while driving 2. Sleep deprivation E. Sleep deprivation is a major cause of accidents in general

Marshall vs. Barlow's Inc.:

OSHA may not conduct warrantless inspections with out an employer's consent. It may, however, inspect after acquiring a judicially authorized search warrant based upon administrative probably cause or upon evidence of a violation.

Marshall V Barlows

OSHA may not conduct warrantless inspections without an employer's consent

1. What Injuries or Diseases Are Covered?

a) Accidental injuries and occupational diseases i) Mental or nervous injury due to stress generally not covered ii) Work-related condition that causes fear or dislike of others based on protected class status iii) "Pain and suffering" are not compensablea) Negligence and willfulness can reduce the amount of a claim b) Workers must file claims for benefits, and employers may contest claims c) Employers usually start paying after 21 days of disability i) Usually not liable for first 7 days ii) Compensation usually at 2/3rds average weekly wage d) There is a considerable amount of fraudulent claims i) The "Fake Bad Scale" for fraud cases has limited research support ii) Disputes between employee and employer are common e) No fault provisions f) Worker's compensation laws encourage safety

1. The Effects of OSHA

a) Establishment of formal safety committees b) Improved equipment c) Improved medical facilities d) Greater emphasis on health and safety e) Mixed evidence on whether OSHA has reduced accidents, deaths, or injuries i) Difficult to assess effects-extent to which OSHA is responsible for reduction in fatalities is unclear ii) Decline in construction injuries (Figure 14-6) iii) Illegal immigrant workers and reported injuries iv) Decrease in rate of rate of injuries/illnesses resulting in lost workdays from 1984-2007 v) Increase in total injuries since 1984 due to RSI reports vi) "Right- to- know" provisions should have positive impact on company health record keeping f) Unions take a positive position on the effects of OSHA

1. Employer Responsibilities under OSHA

a) Meet your general duty responsibility to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees and comply with standards, rules, and regulations issued under the act b) Familiarize yourself and employees with mandatory OSHA standards and make copies available to employees for review upon request c) Examine workplace conditions to ensure they conform to applicable standards d) Minimize or reduce safety and health hazards e) Ensure that employees have and use safe tools and equipment (including appropriate personal protective equipment) and that such equipment is properly maintained f) Employ color codes, posters, labels, or signs in several languages to warn employees of potential hazards g) Establish or update operating procedures and communicate them so that employees follow safety and health requirements h) Provide medical examinations when required by OSHA standards i) Report to the nearest OSHA office within 48 hours of any fatal accident or one that results in the hospitalization of five or more employees j) Keep OSHA-required records of work-related injuries and illnesses and post a copy of the totals from the last page of OSHA Form 300 during the entire month of February each year k) Post, at a prominent location within the workplace, an OSHA poster informing employees of their rights and responsibilities l) Provide employees, former employees, and their representatives access to the Log and Summary of Occupational Injuries and Illnesses (OSHA Form 300) at a reasonable time and in a reasonable manner m) Cooperate with the OSHA compliance officer by furnishing names of authorized employee representatives who may be asked to accompany the compliance officer during an inspection n) Refrain from discriminating against employees who properly exercise their rights under the act o) Post OSHA citations at or near the work site involved. Each citation, or citation copy thereof, must remain posted

1. Employee Rights under OSHA

a) Protection to seek safety and health on the job without fear b) Employers cannot discriminate against employees c) Whirlpool v. Marshall 1981, ruled that employees who have a reasonable apprehension of death or serious injury may refuse to work until the hazard is corrected d) Additional employee rights include access to standards and hazards, request inspections, and participation in the inspection process

Occupational Safety and Health Administration Act of 1970-

comprehensive federal legislation established the Occupational Safety and Health Administration to specifically address safety and health concerns in the workplace

Toyota v. Williams -

defined disabilities covered under ADA.

Whirlpool vs. Marshall:

employee who has a reasonable apprehension of death or serious injury may refuse to work until that safety hazard is corrected

Workers Compensation -

federally mandated insurance program for work-related accidents and illnesses that employers pay for and pass costs on to consumers; liability without fault

Drug Free Workplace Act of 1988 - requires federal contractors to provide a drug-free workplace

requires federal contractors to provide a drug-free workplace