Health safety and Risk Management (Professor)

workplace issues that lead to violence

•Authoritarian style supervisors •Widespread job layoffs •Access to valuable resources •Working in high crime areas•Working with the public •Business instability •Pressure for increased productivity •Working late night or early morning

strategies to improve and protect employee health are important to

•Avoid lost work time, lost productivity, and turnover •Complywith external regulatory agencies •Reducemedical and employer's liability claims •Improveemployee morale

toxic substances may contribute to

•Carcinogens (cancer causing) •Light Headedness •Lung disease (pulmonary toxins) •Nausea •Allergies •Reproductive Hazards (e.g. Lead) •Respiratory problems •Skin Irritants •Headaches •Radiation

officer will complete the following during safety inspections

•Check to see if all appropriate OSHA posters are clearly posted •Check the updating and accuracy of the OSHA 200 log •Check for any basic health hazards •Discuss the organizational safety program with the employer

effective workplace with ergonomics

•Comfortable chairs that can adjust to many sizes and shapes •Adequate lighting •Adjustable keyboards and equipment

managers should support employees who have agreed to seek professional counseling by doing:

•Consider paying for employee's professional treatment •Treat employee fairly and with respect •Reassure employee that his or her role in the organization will not be lost because of the counseling

job factors that increase risk of assault

•Contact with the public •Handling of money •Delivery of goods, services, or passengers •Working with unstable or volatile people •Working alone or in small numbers •Working late at night or early in the morning •Working in high crime areas •Working in community based settings

unsafe conditions

•Defective equipment or guards •Poor ventilation •Excessive work hours (shift work) •Dust, fumes, chemicals, or toxic materials •Poor lighting •Inappropriate work clothes or PPE •Unsafe piling, stacking, or storing •Hazardous flooring •Hazardous process/operation •Employees with mind and/or eyes not on task

Top MGMT acts as the general overseer of all safety programs by

•Demonstrates commitment by giving safety coordinators authority•Reviews safety activities regularly•Holds managers responsible for their department's safety•Providesfinancial support for safety programs

example health and wellness programs

•Employee assistance programs •Yearly physicals •Exercise programs (aerobics) •Screenings (blood pressure) •Stress management programs •Education and Awareness programs •Safety programs •Skills program (CPR) •No-smoking policies •First aid •Flu / MMR shots •Health fairs •Off-the-job accident protection (i.e., seat belts) •Intramural sports

if substance abuse is detected

•Employer offers services of the Employee Assistance Program •Employees are warned that disciplinary actions will occur if the behavior doesn't change •Continued unacceptable performance will lead to progressively more severe discipline, up to and including dismissal

substance abuse policy suggestions

•Establish a clear substance abuse policy that specifies actions that will be taken if the policy is violated. •Enforce policy as necessary •Communicate information regarding substance abuse to employees •Provide adequate resources to assist affected employees •Maintain a positive working relationship with law enforcement officials •Substance abuse should be treated professionally, not by the manager

negligent hiring includes

•Establishing an employee screening and selection system that screens out potentially violent applicants. •Performing reference checks. •Monitoring of employee workplace behavior. •Establishing a policy that does not tolerate any on-the-job threats or acts.

After Receiving an OSHA citation Employers have the right to

•File a Notice of Contest with the OSHA area director within 15 working days of receiving the notice of citation. The notice will outline which items the employer wishes to contest and which items the employer accepts. •temporary variance •permanent variance •interim order

strategies for minimizing stress and burnout (individual level)

•Find time every day for relaxation •Get away from your job once-in-awhile •Give employees control over their work lifestyle •Make sure supervisors understand the issues of stress

bomb threats steps to take

•Get as much information from caller as possible. •If possible, keep caller on the line and record what is being said •Notify the police and the building management •Avoid handling suspicious packages •Avoid windows or other potential hazards •Allow emergency officials access to building and control of the situation

Security measures for internal theft

•Have a clear employee theft policy in place. •Communicate the theft policyto all employees. •Have a good inventory control system. •Initiating a checks and balances procedure for supplies and equipment •Perform a thorough pre-screening of employees before hiring •Have a continuous financial auditing program within the organization.

imperative security personnel

•Identifiable •Properly trained •Hired only after a thorough background checks •Provided with clear, written patrol compliance standards •Held to a high behavior and performance standard •Communicated with frequently

suggestions are offered to help org keep informed protected

•Identify what information needs to be protected. •Develop a confidentiality policy •Use non-compete agreements with employees •Keep the discussion and display of sensitive information within the work place.

safety programs will yield the org such outcomes as

•Improved employee satisfaction •Reduced legal expenses. •Greater productivity •Less overtime. •Reduced worker's compensation costs

Two common EAP structures

•In-House •Outside contractors

warning signs of embezzlement

•Increase in overall sales returns which may represent a concealment of accounts receivable payments •Inventory shortage which could indicate unrecorded sales, employee theft, or fictitious purchases •Unusual bad-debt write-offs could be covering up a fraudulent scheme •Profit declines and increases in expenses could be a sign that cash is being siphoned off illegitimately •Bounced business checks could indicate that funds are being siphoned out of the business' checking account •Slow debt collections can be a device to mask embezzlement

programs can result in positive outcomes

•Increased productivity •Reduced absenteeism, tardiness, and health care costs •Improve morale•Reduce liability (especially dealing with secondhand smoke)

toxic agents may enter the body by

•Inhalation (great problem) •Absorption (minor problem) •Ingestion (rare problem)

early return to work programs modifications

•Less physically demanding jobs •Temporary or part-time work •Assistance on the job

employee polygraph protection act

(unless the employee is actively investigating a theft and the employee is a suspect) •Most employersrefrainfrom requiring or requesting pre-employment polygraph tests •The use of all mechanical and electrical devices—not just polygraphs.Employers may use polygraph testing during an ongoing investigation of financial loss or injury through theft, embezzlement, or misappropriation on a individual where there is reasonable suspicion of the employee's guilt

Employee Rights according to OSHA

- be provided a safety and healthy work environment by their employer - The right to request and receive information about workplace conditions - The right to participate in an inspection -The right to file a safety and health grievance

accident investigations follow

1. Examine accident scene 2. Conduct interviews to determine course of events (all witnesses regardless of position) 3. Fill out the appropriate accident reports (write up the details of the accident) 4. conduct and assessment 5. take corrective action 6. employee involved follow up

OSHA inspections

1. Imminent danger 2. catastrophes and fatal accidents 3. employee complaints 4. high hazard industries 5. follow up inspections

General process for managing risk and associated responsibilities

1. assess risk 2. develop systems 3. implement programs 4. monitor efforts 5. evaluate and modify systems

methods of intervention and assistance

1. constructive confrontation 2. counseling

Phases of the inspection

1. opening conference 2. physical inspections 3. closing conference

all security plans should have

1.Protect life 2.Eliminate the risk of injury 3.Save assets 4.Minimize loss 5.Resume normal operations as soon as possible

factors contributing to noncompliance

1.Work accident factors 2.Unsafe acts -Employeesnot following safe work procedure established by management 3.Unsafe conditions -Organization permitting the existence of unsafe work environment

steps involved in developing an emergency management plan

1Identify an emergency situation manager. 2Prioritize the plan to protect human life and eliminate the risk of injury. 3The second priority of the plan is to identify what is most critical to the organization's survival. 4Coordinate with local resources (e.g. Red Cross, and community counseling groups) as well as the local government liaison. 5Define essential support systems outside the organization. 6Communicate and practice the plan.

Imminent danger

A condition where serious injury or death is probable, or where severe danger could be eliminated through enforcement. Employees have the right to refuse dangerous work under OSHA and the National Labor Relations Act.

Tuberculosis

A contagious disease that can be spread through casual contact. The spread of TB can be minimized by reducing the risk of exposure, using respiratory protection and early treatment and isolation of those infected.

Errors and Omissions Insurance (E&O)

A form of professional liability coverage designed to protect against claims related to economic and emotional damage

insurance and protection

A most important method for minimizing organizational risk is insurance. A variety of insurance programs exist, providing companies a safeguard against unpredictable financial burdens. Finding the appropriate programs for an organization is critical in saving money and protecting the other assets of an organization.

health

A physical and mental well-being; state of freedom from illness or injury that may impair normal human functions.

security

A state of protection from loss or injury to property, information and employees; freedom from risk or danger.

safety

A state of protection from loss or injury; freedom from risk or danger.

catastrophes and fatal accident

Accidents resulting in hospitalization of 3 or more employees.

Analysis of accidents

After an accident or incident occurs, the Human Resource department and/or safety committee should investigate the report as soon as possible. A quick response to a report will allow investigators to gather pertinent information that might otherwise be lost.

violations

After the inspection is conducted, the compliance officer prepares a report listing probable violations. OSHA classifies violations into eight categories. The following is a list of the violations and their corresponding penalties.

physical environment

Air quality, water, temperature, sanitary conditions, general surroundings

tobacco smoke

Although no federal laws limit smoking in the workplace, organizations often reduce or ban smoking in the workplace due to the following reasons: •Concern for health •Compliance with state and local laws•Reducing health-care costs •Complaints from non-smoking employees, customers, and others Furthermore, no-smoking policies can reduce the risk of legal problems. A recent decision awarded a widow $21,500 a year to compensate for the death of his wife. Her death was directly related to the secondhand smoke she was inhaling while working as a Veterans Administration nurse in a smoky environment.

Post incident response and evaluation

An effective violence prevention program needs to include a post-incident response and evaluation. The employer should provide treatment for the victimized employees and the employees who witnessed the violence. There are many types of treatmentthat can be provided including: •Trauma-crisis counseling •Employee assistance programs to assist victims •Critical incident stress debriefing

evaluate and modify systems

Analyze data, evaluate successes and failures, compare alignment of systems and organizational goals/objectives, obtain/provide feedback, make changes where necessary.

health hazards

Areas considered a risky or dangerousand lead todeterioration of a person's health.

vulnerabilities

Aresecurity risk factors that must be evaluated for potential loss. Consider such things as lighting, parking lots or ramps, unauthorized persons on the premises, or a terminated employee return to the workplace.

biological attack

Attack using infectious microbes or toxins which produce illness or death in people, plants, or animals. Can be inhaled, ingested, or received through cuts in the skin.

preventive security

Attemptsto reduce or eliminate security issues. Preventative measures should be incorporated into plant design (e.g. video surveillance cameras). Employees should also receive personal-security training for such things as leaving work late or being in remote locations.Security guards are the most common form of preventive security.

safety committees

Be sure safety committees are active and suggestions are being taken under seriousconsideration. Also be sure safety committee actions do not conflict with labor laws.

Lower back pain

Cause:Improper lifting or posture Solution:Modified job duties, proper lifting training, medical involvement

Cumulative Trauma Disorder (CTD's)also known as musculoskeletal disorders (MSDs) or repetitive stress injuries (RSIs)

Cause:Use of excessive force or pressure, frequent repetitions, and/or awkward positions. Solution:Job rotation, breaks from monotonous work, work place exercise program, increase in job variety,correctly designed and adjusted equipment

computer vision syndrome (CVS)

Cause:Video display terminals resulting in vision problems, headaches and light sensitivity Solution: Placement of monitor-18-24 inches away and straight in front of the person to avoid twisting

employee complaints

Complaints made by an employee of perceived unsafe/unhealthy working conditions.

computer security

Computer security is an important aspect in the protection of proprietary information. There may be critical information on computers that that organizationmay need to restrict from unauthorized personnel. Organizations need to be aware of these issues and take the appropriate precautions.

Two less common structures EAP

Consortium Affiliate

employee involved follow up

Continue contact with employee to let them know what is going on in the process, how their bills/insurance will be handled,and what they can expect to happen next.

HR MGMT acts as the general overseer is a safety programs by

Creating an effective policy assisting in the coordination of organizational safety programs •Developing techniques for reporting safety updates •Managingaccident investigations •Administeringprevention plans •Gainingmanagement support

Directors and Officer Liability Insurance

DOLI protects against claims for fraud, mismanagement, or other improper accounting practices. Examples are shareholder class action suits and SEC violations.

Category 6: Interfering with Compliance

Definition: Attacking a compliance officer or resisting /obstructing an inspection. Penalty: Fine of up to $5,000 and up to three years in jail.

category 1. Imminent danger (highest violation)

Definition: Expected to cause death or serious physical harm immediately or before usual enforcement procedures can eliminate the change Penalty: Immediate voluntary abatement or court order closing the operations and up to $7,000 for each violation (mandatory)

In House

EAP staff employed by the company or union

employee assistance programs (EAPs)

EAPs are programs which are designed to assist employees in problems faced in their personal lives. Common EAPs are alcohol and drug abuse counseling, legal counseling, family and marital counseling, career counseling, financialcounseling, and workplace violence counseling.

Employment practices liability insurance (EPLI)

EPLI provides protection against claims of discrimination, sexual harassment, wrongful termination, or other claims fromformer employees, employees, or potential employees.

Emergency Management

Emergency preparedness plans are an important part of integrated security system for any organization. These plans should describe the actions to be taken by all personnel to respond to situations at the facility that pose a real or potential threat to human health and the environment. Examples of these events include fires, floods, tornadoes, violence, accidents, etc. Employers who have toxic or hazardous chemicals must have an emergency response planrequired by OSHA's Process Safety management standard.It should also include instructions for guards during collective bargaining or strike activities.Crisis management teams are also needed in the case of kidnapping of executives, which has become a high concern for many companies.

be provided a safety and healthy work environment by their employer

Employees are able to demand a safe and healthy workplace without fear of punishment or dismissal.

The right to file a safety and health grievance

Employees are able to file a grievance without punish or discrimination from the employer such items as: Making a complaint the employer, OSHA, or any government agency Participating in a safety or health committee Participating in a union

The right to request and receive information about workplace conditions

Employees are able to request information about safety and health hazards in the workplace and should receive training on these topics.

Hepatitis B (HBV):

Employees at risk of HBV infection must be offered vaccinations. People at risk are those exposed to blood or other bodily fluids by the nature of their occupations. The vaccination is administered in accordance with the recommendations of the U.S. Public of Health Services. Employees who remain at risk must continue to receive booster shots. Personal protective clothing must be provided and an educational program developedas well as an exposure control plan.

The right to participate in an inspection

Employees or their authorized representatives have the right to accompany the OSHA compliance officer during an inspection.

the role of ergonomics in an org

Ergonomics is the science that seeks to adapt work and work environment to suit the worker. The goal of an effective ergonomics program is to engineer risk factors out of jobs.Consultants in the ergonomics field assess three factors to identify ways to reduce or eliminate accidents or injuries.

occupational injuries

Fatal injury data is collected and reported by industry and occupation each year by the Census of Fatal Occupational Injuries (CFOI). The construction industry had the largest number of fatal work injuries and highway crashes were the number one cause of on-the-job fatalities according to the 2000 CFOI report.

Fiduciary Status of HR Professionals

Fiduciaries are people who manage employee benefits plans, and fiduciaries are subject to the Employee Retirement Income Security Act (ERISA). Any HR professional who breaches their fiduciary duties, or knowingly allows another fiduciary to do so, is personally liable for legal claims.

Physiological responses

High blood pressure substance abuse eating disorders

HIV/AIDS

Human Resource professionals must communicate the organization's policy on AIDS and educate employees about the facts regarding HIV/AIDS. In addition, the organization should attempt to retain the individual as long as they can do the job.

International Employee Assistance Programs (IEAPs)

IEAPs are focused on international employees and non-U.S.-based workforce and their unique cultural adjustment needs.

Develop systems

Identify priorities, cross-functional planning, obtain top-down support, coordinate third party contracts, assign responsibility

protection of proprietary information

In many organizations one of the most valuable company assets is its proprietary information. If this information is not protected, it can compromise the company's competitive advantage and future profits. Management at all levels must stress the importance of protecting proprietary information.

measuring cost effectiveness

In order to justify the existence of health and wellness programs, it is often necessary to show how the program will cut costs and/or contribute to the bottom line of the company. This can be done by maintaining confidential records of EAPs, drug testing,fitness program use etc...

strikes

In the event of a strike,special security issues need to be considered to protect employees, physical assets, vendors making deliveries, and others related to business operation.

conduct an assessment

Include recommendations to prevent similar accidents from occurring in the future andoutlinechanges that should be immediately made

professional liability insurance

Insurance protecting organizations from claims of negligence, as related to the performance of professional services. Examples of professionals: Directors, officers, managers, some employees, etc.

work accidents can be attributed to

Internal org: work flow, management attitude, equipment used and its condition external org: federal, state, and local laws; state of the economy, geographic location Human: factors associated with the individualsuch as motivation, distractions and attitudes

follow up inspections

Investigate if a previously cited violation has been corrected.

machine guarding

Machine guarding is a general requirement thatprotectsemployeesfrom dangerous machinery, including mills, calendars, abrasive wheels, etc. A project has been created to improve machine-guarding procedures where OSHA has agreed to make inspections of equipment and offer advice to companies without issuing citations for the safety issues theyidentify.

blood borne pathogens

Management must first establish a written plan for blood borne pathogens.Employer must offerhepatitis B vaccination series to employees who work with infectious materials.Standard revised in 2000 with the additionof the Needlestick Safety and Prevention Act. Employers must; Work with employees to select safer devices Include safer needle device options in annual review of exposure control plan Maintain a log tracking all needlesticks Ensure privacy of employees who obtained needle sticks

health and wellness programs

Many employers have taken a proactive approach to maintaining the health and well-being of their employees by developing various health and wellness programs. Wellness programs are defined as programs that are designed to maintain or improve employee health before problems arise. The types of options offered are related to the size and scope of the organization.

job accessibility

May include special tables and ramps for those using wheel chairs, Braille signs, and air conditioning for workers with respiratory problems.

Outside contractors

More confidential and usually more pensive

Hepatitis C Virus (HCV)

Most commonly transmitted through unprotected sexual activity or sharing needles. There is no vaccine for hepatitis C.

Counseling

Normallydone via a professional.Focuses on the causeof the problemManagers and supervisors should refer employees to professionally trained counselors with experience in substance abuse.

Health and safety standards mandated by OSHA

OSHA developed four categories of health and safety standards that are published in the Code of Federal Regulations (CFR) -General Industry, Maritime, Construction, and Agriculture. Because many industries fall under the "General Industry" guidelines, they are discussed in more detail below.

osha consulting services

OSHA offers free on-site consultation services, primarily targeted at smaller businesses, to aid employers in finding and correcting potential hazards in the workplace. It also aids in assisting with positive safety and health activities among employees. No citations are issued in the process, but employers must follow thesuggestions given by the consultants. Employers receive a written report of findings and assistance in implementing changes.

external/regulatory

OSHA, FEMA regulations

radiation

Often referred to as "dirty bombs", explosives which spread radioactive materials over a targeted area may be used by terrorists. To minimize exposure, train employees to move away from the blast area immediately, minimize the time exposed, and to use shielding techniques when possible.

hazard communication

Often referred to as the "Right to Know" standard, this portion of the standard requires employers to evaluate potential dangers within their workplace and inform all workers about these dangers. This is typically accomplished through the use oflabels, training, orientation, hazardous chemical inventories, written hazard communication policies, and material safety data sheets (MSDS).

equipment

Operating condition of equipment and its safety mechanisms

security programs

Organizations should make security part of its operation. Every employee needs to know their role and responsibility to assist insecurity efforts, which are assigned by HR.: •Seek management support for security needs. All levels are responsible for security. •Organize a safety committee involving management and labor representatives. •Involve employees, supervisors, and managers in the overall program. •Develop a way to measure the quality of the security program.

operational risk considerations

Personnel physical assets technology relationship external/regulatory

Cumulative Trauma Disorders (CTD's)

Physical impairments that result from repetitive motion. If an employer is concerned about CTD's they shouldconducta work-site analysis and modify ergonomics.

Proactive employees

Policies developed by management can serve to motivate employees to engage in healthy behaviors. The reward and/or punishment system utilized by an organization can greatly impact employees' decisions to change their fitness behaviors. Wellness programs are an example of a policy to promote healthy behavior.

biological environment

Presence of bacteria, insects, disease (i.e. Anthrax)

chemical environment

Presence of smoke, dust, toxic materials

safety promotion

Promotion of the safety program is accomplished through three major methods: training, communication, and incentive programs.Training should be goal-oriented to ensure that employees will transfer the knowledge back to the actual work site. OSHA requires some positions to be "certified" through safety training.

security

Protection of assets and personnel from loss or injury.

electronic communications privacy act (ECPA)

Regulates access, use, disclosure, interception, and privacy of electronic communications. The ECPA includes the Wiretap Act, which prohibits interception of e-mails in transmission, and also involves Stored Communications Act, which protects e-mail in storage.

safety inspections

Safety inspections are a necessary tool to ensure that organizations are consistently implementing the proper safety proceduresand that the employeesare meeting regulations.One of the major types of safety inspection is the OSHA compliance inspection. As previously mentioned, the OSHA officer may be performing a regular safety check or be investigating an employee complaint against an employer.

Consortium

Several companies pool their resources

government responses to terrorism

Since 9/11, the United States Government has heightened its focus on anti-terrorism activities. Included is new legislation, such as the USA Patriot Act, and new agencies such as the Department of Homeland Security. Although the Patriot act has provided the government with expanded authority, it is important to understand that it is not unlimited. If a government official requests confidential and/or proprietary information, express the desire to cooperate, but only after consulting appropriate legal counsel.

psychological environment

Stress brought on by any combination of other factors

monitor efforts

Survey actions of employees, investigate concerns, uphold accountability, maintain reward and disciplinary systems, and collect data.

terrorism

Terrorism is also a subject which organizations should be aware of. Larger companies are at higher risk than smaller companies, but all should take heed of the potential threat. Be aware of the following types of terrorism and considerations, and create emergency plans accordingly.

building explosions

Terrorists may use explosives to harm the well-being of people, cause structural damage to buildings, and start fires in buildings. To minimize the risks associated with such an attack, follow these guidelines: •Keep fire extinguishers in working order and have them properly distributed / marked •Provide first aid training •Keep emergency kits containing flashlights, radios, batteries, fluorescent tape, sources of energy, and first aid supplies •Provide proper training for exiting the building and protecting one's self from hazards.

epidemiology

The study of diseases and epidemics. Environmental health hazards and infectious diseases have the highest potential for putting employees at risk.

high hazard industries

These are industries selected based on factors such as OSHA incident rates and employee exposure to toxic substances. The OSHA national office develops the high-hazard industry list.

Constructive confrontation

This occurs afterdocumentation of effect of employee's behavior on overall performance,Focuses on job performanceand follows a progressive discipline approach

addressing unsafe working conditions

This section provides information concerning the processes involved in addressing unsafe workplace conditions or policies. The four items covered include: 1.Finding the problem 2.Analysis of accidents 3.Return to work incentives 4.The role of ergonomics in an organization

emergency exit procedures

This standardis often referred as "Means of Egress," andregulates the exits to buildings -indicating they must be free from obstruction and clearly marked so as to be seen from any point within the building. It also requires an emergency action plan.

safety evaluations

To determine if a safety program is successful, organizations must keep accurate records and statistics of workplace incidents.Management can evaluate the improvement of the safety program by making comparisons of these records from year to year. This can allow the organization to recognize patterns of where and why accidents occur and adapt the program to address those problem areas.An effective safety program has up-to-date materials and programs. Accident investigation procedures and accident-reporting methods are reviewed on a regular basis. Also, evaluate current safety policies and procedures to be certain they comply with both existing and new OSHA standards.

level of safety and responsibilities

To develop and maintain high-quality safety programs, human resource management, line management, and employees must all work together toward a common goal. This segment illustrates the safety roles of those individuals and their responsibility toward overall workplace safety.

whistle blowing

To encourage employees to speak out, a whistle blowing policy should be set up. Whistle blowing is when employees report any real or perceived wrongdoings they may observe.

nondiscriminatory treatment

Train existing employees so as to eliminating hiring decisions based on fears about handicaps.

vulnerabilities analysis

Vulnerability to loss is the probability that a loss will occur and can range from almost certain to unlikely.

Priorities

When an employer is examining a safety problem, their initial concern is to eliminate the hazard, then use safeguards to avoid the problem. Next they would install warning signs, train all affected employees and finally provide protective equipment.

assess the impact of loss

When planning the amount of security needed for an organization, they must identify the cost if a loss were to occur and evaluate the benefits of training from a consultant. These costs could include replacement of lost or damaged assetsand the loss of business.

take corrective action

a.Research ways to avoid accidents b.Employ outside experts to aid in the process

examine accident scene

a.Take care of injured employee and protect others from being injured b.Remove observers from the area c.Determine physical surroundings that may have influenced the accident (Example: Poor lighting, wet floors) d.Photograph or videotape the scene to preserve the integrity for future use

not covered by OSHA

any State orsubdivision of the State." This includes federal, state and local government employees. Also, it does not cover industries such as mining, transportation, the self-employed, family farms with only family member employees,and some public employees that are cover by other statutessuch as state plans approved by OSHA.

Vocational Rehabilitation Act definition for disabled

as any person who has a mental and/or physical impairment substantially limiting at least one major life activity, record of such an impairment, or regarded as having such an impairment. This includes such impairments, among others,as AIDS, cancer, and deafness.

OSHA for 301

be prepared for eachwork-related injury or illness. They must be prepared within 7 days of the work-related injury/illness, and all records must be kept for 5 years. This report lists:•Description of injury/ illness•Time and location of employee when injury/illness occurred•What the employee was doing when injury/illness occurred•What part of employee body was injured and how it happened•What object caused the injury

Summary of violation and penalties

category 1. Imminent danger (highest violation) category 2. serious violation category 3. willful of repeated violation category 4. other than serious violations category 5. de minimus violation (lowest) category 6. interfering with compliance category 7. falsifying records category 8. pasting violations

Affiliate

contacted service provider subcontracts to a local professional

psychological

depression anxiety low self esteem burnout

Employees must follow

e regulations that management devises for them. They also are responsible for following OSHA's regulations, discussed earlier in this document. They must be aware of safety issues and follow the rules to the best of their ability.

permanent variance

from a standard if the employer can prove that the facilities or operations provide employees protection at least as effective as that required by the standard. The commission may hold a hearing to review the variance application. A notice will be given the employee or their authorized representative to participate in the hearing. The commission may or may not grant the variance after their review.

temporary variance

from a standard if unable to comply because of the unavailability ofmaterials, equipment, or personnel needed to make necessary changes within the required time. The commission may hold a hearing to review the variance application. A notice will be giventothe employee or their authorized representative to participate inthe hearing. The commission may or may not grant the variance after their review.

if a manager suspects employe has alcohol problem

he supervisor must document the situation before discussing the decreased performance with the employee. Next is a list of symptoms of substance abuse that employers must learn to recognize: •Excessive tardiness •Increased aggression •Absenteeism •Difficulty getting along with coworkers •Decreased productivity •Emotional outbursts

blood borne pathogens OSHA

hese standards state employers must determine and identify areas of their workplace where employees might be in contact with "potentially infectious materials," blood, or other body fluids and establish a written exposure control plan. Employers are also required to implement programs to prevent contamination, educate employees, provide personal protective equipment, and keep records of incidents.

behavioral responses

increased absenteeism tardiness increased accident rates decreased productivity

American with Disabilities Act of 1990 (ADA)

individuals who have mental or physical impairments who can perform the essential elements of a job with or without reasonable accommodation by the employer, unless doing so would cause undue hardship for the employer.Reasonable accommodations include making facilitiesaccessible and usable topersonswith disabilties, restructuring jobs, permitting modified work schedules, reassigning vacant positions, and changing or modifying existing equipment. The act also requires reasonable accommodation for applicants, visitors,and employees.

personnel

injury, death, disease

tagout

means the isolating lockout devices must be labeled or tagged to warn others not to restore energy to the equipment.

technology

proprietary information protection, privacy

reasonable accommodations for persons who disabilities may include

qualifications job accessibility job design nondiscriminatory treatment

lockout

refers to a means to assure an energy-isolating device, such as an electric disconnect switch, a shut-off valve, or other safe-guard,is locked so equipment cannot be energized by mistake.

substance abuse

roduction losses, absenteeism, increased health claims, accidents, liabilities, and replacement costs. Substance abuse is another problem that is handled by employee assistance programs (EAP) and can occur at all levels of employment -professional, blue-collar, temporary, or part-time. The problem extends beyond the personal life of the employee into the performance of the organization.

Sarbanes-Oxley Act

s legislation focusing on corporate responsibilities of the board of directors. Some issues that SOX is concerned with are: •Internal controls -compensation and benefits, payroll, and other HR operations •Executive compensation and personal loans •Requirements concerned with insider trading, such as advanced notifications of blackout periods to executives, directors, employees, and the Securities and Exchange Commission (SEC) •Requirement to have an anonymous complaint system in attempts to prevent uncertain bookkeeping or auditing practices •Retention of documentation and penalties for destroying, altering, or falsifying documents (word for word) •Protection for whistleblowers

log

section lists information about each case,usually in order of when they occur.

investigations

should take place for all security issues that are experienced. This will send a message that security breaches, violent activity, and employee theft are taken seriously, and will not be tolerated. An investigation should begin soon after a security incident, and be done in a thorough manor. A follow-up should be done to evaluate if theproper procedures were taken, and look for ways to improve future investigations.

negligent hiring

situation where an employer may be liable for not using a reasonable amount of effort to investigate a potential employee's background that commits a violent activity as an employee. The most important step in dealing with workplace violence is prevention.

toxic substances

take the form of chemicals, vapors, gases, fumes, or radiation. They are quite common in some industries and present challenges for employers concerned about the health of employees working with such substances.

physical assets

theft, vandalism

infectious diseases in the workplace

those that can be spread through contact. At the workplace casual contact is what is most experienced and does not lend to the transfer of most communicable diseases. However, HR managers should still be aware of the dangers of communicable diseases.

interim order

to be effective until a decision is made on the application of the variance. A notice will be given to the employee and their authorized representative notifying them of the interim order. An interimorder may stay in effect no longer than 180 days.

relationships

violence in the workplace

Job burnout

vulnerable to job burnout if they experience physical and psychological disorders, have little influence at work, fear losing their job, or are in an unstable organization.An organization can reduce burnout by identifying those jobs with the highest potential for burnout. Once these jobs have been identified,the organization can develop coping strategies.

security control systems incorporate numerous elements

•Access control systems •Alarm systems •Closed circuit TV systems •Structuralbarriers •Security guard personnel

steps in developing an effective ergonomics program

•Analyze thework cite to determine possible problem areas •Change job and job layout •Train workers and supervisors to look for problem areas •Evaluate the success of the program •Implement wellness programs

Employer Responsibilities under OSHA

•Make the workplace safe and free from hazards. •Know OSHA standards. •Post OSHA Poster 2203 (which informs employees of their rights and responsibilities) at a prominent location. •Establish and/or update safety and health operating procedures so employees follow the proper (most current) regulations. •Inform all employees of OSHA requirements regarding the workplace. •Provide OSHA training within the organization. •Provide medical examinations for employees when necessary, according to OSHA standards. •Provide employees, former employees, and their representatives with access to the Log and Summary of Occupational Injuries and Illnesses. •Continuously monitor workplace safety by: Making sure employees use safe tools and equipment Minimizing and/or reducing workplace hazards Using color codes, posters, labels, and signs to warn employees of potentially hazardous situations •Post OSHA citations at or near the work site where a safety violation occurred. The citation must remain there until the violation has been corrected or for three working days, whichever is longer. •Seek advice and off-site consultation from the nearest OSHA office. •Know that all trade secrets observed by OSHA compliance officers are kept confidential. •Request information (from the National Institute of Occupational Safety and Health) on any substance that may have potentially toxic effects in the concentrations being used.

employee privacy issue

•Medical information (testing) •Physical searches of employees •Physical searches of work areas •Drug testing (be very careful with this data) •Monitoring of telephone, computer, and other electronic communication devices •Access to human resource databases

Line MGMT has responsibility for the safety of their units by

•Modeling safe and responsible behavior for employees at all times •Motivating employees to abide by all organizational safety regulations •Acting as safety advocates by ensuring employees that upper management addresses eachof their safety concerns •Monitoring the safety of employees daily and investigating accidents •Stressing that safety must never be sacrificed for timeliness

substance abusers have been found to have

•More medical claims •Use more sick leave •Have more workers' compensation claims •Have more accidents on the job and off the job, and •Havedecreasing productivity

ergonomics in an org factors

•Physiological-lighting and ventilation •Psychological-fatigue and stress •Engineering design-layout and tools

drug tests may occur under these conditions

•Pre-employment(if request is made to all applicants) •Safety-sensitive positions •Security-sensitive positions •Random •Post-accident •Post-rehabilitation •For-cause(reasonable suspicion)

unsafe acts

•Removal of safety devices (unauthorized removal of lockout/tagout device) •Wearing unsafe clothing •Improper use of equipment •Failure to use proper safety equipment (PPE) •Unauthorized procedures •Horse play •Operating unsafe equipment at unsafe speeds

When undergoing an OSHA inspection Employers have the right to

•Request proper identification of the OSHA compliance officer •Be told by the compliance officer the reason and nature of the inspection •Refuse the inspection and require OSHA to obtain a warrant for the inspection •Participate in the opening conference with the compliance officer •Accompany the compliance officer and the employee or authorized representative of the employee on the inspection tour •Participate in the closing conference after the inspection

highest sense of security needs to take

•Sabotage during reductions in labor force or labor unrest •Computer viruses •E-mail use (privacy issues) •Internet use (risk of hackers, waste of company resources)

ensuring safety in the workplace

•Safety roles and responsibilities •Safety committees •Safety inspectors •Safety promotions •Safety evaluations •Benefits of a well-managed safety program

when conducting a workplace investigation

•Secure the area where the breach of security occurred. •Document the nature of the security breach. •Get authorization to undertake the investigation. •Maintainconfidentiality of those involved •Documenta findings report •Cooperate with law enforcement authorities (when necessary) •Implement ways to prevent a future occurrence.

Employer rights OSHA

•Seek guidance on health and safety issues from outside sources and OSHA •Participate in the industry association's health and safety efforts •Notification of the reason for any inspection •Presentation of proper identification from the OSHA compliance officer •Request OSHA to obtain a search warrant before their inspection •To have a conference with the officer before and after the inspection •Accompany OSHA inspector •OSHA's General Duty Clause protects employees from serious hazards that there are no written standards for •Apply to OSHA for a temporary or permanent variance •Join a voluntary protection program (VPP) to ensure excellent safety and health programs which go beyond OSHA standards •Require any employee accompanying an inspector to have security clearance

EPLI considerations

•Size of deductible / co-payment •Coverage for punitive damages •Choice of counsel •Maximum per claim •Legal fees

characteristics of a successful safety program

•Solid leadership team •Employee safety committee withregular meetings •Clear safety policies, including specific rules and regulations •Safety training program •Comprehensive safety manual and handbook •Incentives for participation in the safety program •Consistent safety communication to employees, includinginformation on "near misses" in the workplace •Management support •Hazard recognition •Enforce safety rules and penalize violators

security issues to examine if there is a strike

•Staffed guards may need to be on-site in case of violence. The guards may need to be specially trained to respond to labor type of disputes. Also instructions as to who isallowed into the work area. •Police may need to be involved if a physical conflict occurs. •Replacement employees may need to be transported and protected.

risk management is an org wide concern

•Strategic management •Workforce planning and employment •HR development •Total compensation package •Employee and labor relations

most visible work related health hazards OSHA

•Toxic Substances •Cumulative Trauma Disorders •Fetal Protection Policies •Tobacco Smoke

guidelines to follow in safety training programs

•Update safety training as people and policies change •Make sure all necessary employees are included in the safety training •Document who attends the training sessions •Evaluate the benefits of the safety training to the organization

suggestions regarding safety inspections

•Use job analysis to review the tasks of the job to identify workplace hazards. •Line supervisors need to conduct their own safety inspection of unsafe conditions. •Cary out safety inspections on a regular basis, not just when there is an accident. •Perform a thorough safety inspection.

strategies for minimizing stress and burnout (management level)

•Use questionnaires focused on the source of stressors •Negotiate reasonable deadlines and delegate responsibility effectively •Encourage open communication throughout the organization •Allow employees to personalize workspaces

prevent blood borne pathogens

•Use syringes and other equipment designed to prevent needle sticks and other injuries •Treat all body fluids as if infectious (universal precautions) •Wear appropriate protective clothing and equipment(PPE) •Report all exposures to proper manager

implement programs

Assign accountability, communicate effectively to all, train managers and leaders, integrate into preexisting structure, implement rewards systems for compliance and disciplinary systems for resistance

Category 8: Posting Violations

Definition: Failure to post OSHA notices. Penalty: Civil penalty up to $7,000 for each violation.

job design

Design jobsso tasks are capable of being performed by apersons with disabilities.

occupational noise exposure (hearing conservation)

Employers must monitor workplace noise and reduce levels measuring over 85 decibels on an 8-hour average. The standard requires employers to measurenoise levels, establish a baseline level, and notify employees of results. OSHA requires average hearing shifts of 10decibels or greater to be recorded on OSHA Form 300.

clothing/apparel

Protective gear, work clothing, safety wear

qualifications

Remove unnecessary physical job qualifications that would limitapplicantswith disabilitiesfrom receiving the job.

assess risk

Review goals and objectives, SWOT analysis, collect/analyze data

processes and operations

The way items are stored and stacked, congested spaces

sick Building Syndrome

This occurs whenair circulation in a building does not provide adequate fresh air to eliminate harmful substancesresulting in immediate health problems. Radon and asbestos do not show up immediately and are not considered causes of SBS.

control of hazardous energy

This procedure is known as "Lockout/Tagout." Employers must equip certain machines with devices to prevent sudden startup that can potentially injure employees. Inspections and training on all such machinery is required.

process safety management

This standard is intended to reduce the consequences of accidental releases of hazardous chemicals. Employees who operate or will operate the process must be trained on proper operating procedures. At the conclusion of process safety training, employees are given a certification of demonstration on the process they have been trained to operate.

actual physical surroundings

Work site, work flow, ergonomic set-up of work station

early return to work programs

accommodations to persons who return to work after an injury or illness, which ends in a disability. When the employee uses the provisions within the Family Medical Leave Act,theemployee is eligible to return to the same or a similar job at the same pay rate and with the same benefits they received before the leave period. The employer must be able to refine modified duty without consequences.

OSHA

evelop and enforce mandatory job safety and health standards. The federal Department of Laborcreated the Occupational Safety and Health Administration (OSHA) to oversee the requirements of the law. The information provided here,along with more in depth coverage of these topics.can be found at the OSHA web site

Employee responsibilities OSHA

•Compliance and cooperation with all safety and health standards and rules to the best of their ability •Report known hazards to the employer •Cooperate with OSHA compliance officers during inspection •Act in a responsible manner while on the job

employers should keep record of OSHA

•Interventions (EAP referrals) •Fitness programs •Stress management programs •Drug testing

Employer responsibilities OSHA

•Provide a hazard-free workplace for all employees •Compliance with all OSHA standards •Inform all employees of safety and health regulations •Provide OSHA rules and regulations for employees who ask for them •Ensure employees have safe equipment that is properly maintained •Provide safety training to employees •Display OSHA poster detailing employee rights and responsibilities •Record all occupational illnesses, injuries, and accidents in the OSHA 300 log •Not discriminate against employees exercising their rights under OSHA •Correct all violations within a reasonable time frame •Permit employees to refuse unusually dangerous work •Provide and pay for personal protective equipment required for the job

Employers must make available upon employee request records kept concerning;

•Results of work place monitoring •Exposure to hazardous materials •Medical surveillance results •Special testing results

Employee Rights OSHA

•Right to health and safety on the job •Right to request inspections of their workplace •Right to accompany an OSHA inspector on the workplace inspection •Right to file a complaint against an employer, file health and safety grievances, and discuss issues of safety with a Union •Right to be informed by the employer about workplace hazards and potential dangers associated with thejob, and to receive proper training in dealing with hazardous materials •Right to a prompt response by OSHA to their requests for correction of serious hazards at work

closing conference

At the conclusion of the investigation, the OSHA officer will meet with the employer and the employee's representative and describe the apparent safety or health violations identified during investigation.The employer is offered the opportunity to bring pertinent information regarding the conditions of the workplace to the investigators attention. OSHA will provide the employer with a copy of the brochure "Employer Rights and Responsibilities Following OSHA inspection."

Category 4: Other-Than-SeriousViolation

Definition: Direct relationship to safety and health, but is not likely to cause death or serious injury. This type of violation is also issued to any person who gives the employer advancednotice of an inspection without the consent of OSHA. Penalty: Ifsuch violation is determined not to be serious in nature, there may be assessments of a civil penalty up to $7,000. The employer may be assessed a fine of up to $3,000 and/or up to 1 year imprisonment.

Category 7: Falsifying Records

Definition: Filing false records. Penalty: Up to $10,000 and/or six months injail.

Category 3: Willful of Repeated Violation

Definition: Intentional or continuous violation(s) of safety and health standards. Penalty: Up to $70,000 per violation, but not less than $5000 for each willful violation. A violation that causes death can be fined up to $70,000 and/or six months imprisonment. After a first violation, punishment shall be finedof not more than $20,000 and/or one year imprisonment.

Category 5: De Minimus Violation (lowest)

Definition: No direct impact on health or safety. Penalty: Verbally mentioned to employer as warning.

Category 2: Serious Violation

Definition: Serious likelihood of death or injury. The employer should have been aware of the violation. Unsafe safety equipment that does not meet safety guidelines maybe determined a serious violation. Penalty: The employer is issueda civil penalty of up to $7,000 for each violation. If the violation causes or contributes to the cause of death, then the employerisassessedafine of up to $25,000.

drug free workplace act

Employers are required to have a clear policy regarding the manufacturing, distribution, possession, or use of a controlled substance in the workplace. The employer must notify the federal contracting agency within 10 days of an employee conviction of a drug offense in the workplace and will require involvement in a rehabilitation program.This policy must be communicated to all employees.

confined space entry

Employers must protect employees working in small, enclosed spaces from entrapment, dangerous atmospheres, and engulfment. Dangerous spaces designated "Permit Required" must be closely monitored, and safety training must be given to employees working in or near such an area. Permit required confined spaces require pre-entry training and procedural controls. There must also be procedures for observers, supervisors, and emergency rescue personnel. A written confined space entry program mustbein place at work sites with hazardous spaces and be made available for employees, their representatives, and OSHA officials. Confined space concerns fall into three main categories: Physical exposure Oxygen deficiency in breathing air Exposure to toxic substances (note: most common concern)

opening conference

The OSHA investigator and the owner, or an agent of the owner,will meet at the place of employment to conduct an opening conference. The investigator will explain the following items;purpose of the investigation, scope of the inspection, employer documents to review, and applicable OSHA standardsand a copy of any employee complaint if relevant.

physical inspections

The OSHA investigator is in charge of all aspects of the physical inspection. A representative of the owner and a representative authorized by the employees are given the opportunity to accompany the OSHA investigator during the physical inspection. The OSHA officer is required not to disclose any "trade secrets" encountered during the inspection. The OSHA investigator typicallyperforms the followingtasks during the investigation;verifythatthe required OSHA safety and health poster are displayed, review employer's OSHA 200 log, document the area, and review employer's policies and training programs.Employers may correct any unsafe condition identified by the inspector during the inspectionto avoid a written violation.

Vocational Rehabilitation Act of 1973

The Rehabilitation Act requires federal contractors with contracts of $2,500 or more to create an Affirmative Action Plan to hire and promote personswith disabilities and to make reasonable accommodation for persons with disabilities.

department of transportation drug and alcohol testing

egarding substance abuse for certain employees in safety-sensitive functions. These functions under DOT regulation include; highway, aviation, transit, rail, and Coast Guard. Pre-employment alcohol tests are not mandatory under the DOT rules. States are encouraged to have their own program. If the Federal government approves the program, then funding assistance will be offered.This law permits employers to do substance abuse tests for the following;•Selection•Accident investigation•Random selection•Reasonable suspicion•When an employee wishes to return to work

summary

form 300-A, consists of a calendar-year total of the following; days away from work, days of restricted work, and types of illness. The Form 300Summary must beprepared by February 1stand posted through April (3 months).Work related employee deathor hospitalization of three or more employees must be recorded and reported to the nearest OSHA area office within eight hours.

OSHA form 300

or each recordable occupational injury and illness within six working days from the time (s)he learns of it. Injuries are considered recordable if they lead to medical treatment other than first aid, transfer to another job, death, one or more days off of work, and lossof consciousness or restraint of motion or work. All occupational illnesses, or illnesses resulting from exposure to the work environment (notincluding injury), must be recorded. The most widely reported are overuse disorders. Industrialexceptionsinclude finance and insurance.

fetal protection policies

policies instituted by numerous companies in attempt to protect the vulnerable fetuses of pregnant employees from teratogens (chemicals thatcan harm a fetus, but do not affect the mother).Employers should proceed with caution in implementing fetal protection policies, as the courts have ruled some forms of such policies are discriminatory. The Supreme Court case involving Johnson Controls found these practices discriminatory and in violation of Title VII.The focus of employers should be on reduction of health hazards of all employees by removing the hazard completely, or fully informing all female employees about known risks.

Objectives of OSHA

•Assure safe and healthful working conditions for men and women. •Authorize enforcement of the OSHA standards. •Assist and encourage the States in their efforts to assure safe and healthful working conditions. •Provide for research, information, education, and training in thefield of occupational safety and healththrough the National Institute for Occupational Safety and Health (NIOSH) •Establish legislation to assure no employee will suffer diminished health, ability, or life expectancy. •Provide appropriate reporting procedures. •Promote reduction of injuries and disease though labor-management efforts •Encourage employers and employees to reduce safety and health hazards. •Encourage employers and employees to perfect safety and health programs. •Authorize the Secretary of Labor to establish mandatory occupational health andsafety standards. •Create anOccupational Safety and Health Review Commission (OSHRC) to hear appeals •Provide health and safety research through the National Institute for Occupational Safety and Health (NIOSH) •Discover causal connections between diseases and work and estimateappropriate standards to eliminate industrial disease. •Establish medical criteria to ensure that no employee will suffer diminished health or life expectancy •Implement training programs to improve quantity and quality of people engaged in the safety andhealth field •Provide effective programsof enforcement of safety and health standards •Encourage the states to assume responsibility for administration and enforcement of regulations •Provide appropriate reporting procedures with regard to safety and health •Encourage joint labor-management efforts to reduce injury anddisease

OSHA representatives will assist employees concerning the following;

•Prompt response toemployee requests for correction of serious hazards at work •Timely and complete investigations of charges of employer discrimination against employees. OSHA's goal is to complete all investigations in lessthan 90 days. •Advise employees of their safety and health rights and responsibilities •Request employee participation in OSHA interventions