Law & Ethics ch8

Which question would be illegal to ask a job applicant during an interview? A. can you work when the office is open on Saturdays? B. how many children do you have? C. where did you get your training as medical assistant? D. all of the above

B. how many children do you have?

sexual harassment is a violation of

Title VII of the Civil Rights Act of 1964

(T/F) OSHA officers can require an employer to correct hazards immediately or remove employees from the site.

True

(T/F) OSHA requires that employer post a list of all hazards in the office in plain view as well as compile a manual that provides information on each hazard.

True manual must include how to protect yourself against injuries from the hazards

(T/F) Employee handbook is considered an implied contract in over 1/2 the states

True many employers have you sign an acknowledgement form that you've received a handbook. once signed, it is placed in your personal file

sexual harassment

activity of a sexual nature that is unwanted Ex: off-color jokes, verbal comments to pressure for sexual activity, sexual assault, unwanted touching

hostile work place

any behavior of a sexual nature that makes a workplace unpleasant for the person who feels harassed

Civil Rights Act (1964)

bans discrimination in hiring/firing on the basis of race, color, national origin, religion, or gender

Blood borne pathogen standard

created by OSHA to protect health care workers for disease causing organisms (HIV, hepatitis B) that can exist in patient's blood and other body fluids

If an employer asks you an illegal question, you

do not have to answer it Be polite in your refusal - "May I ask what that question has to do with the duties of this position?"

CDC Category II tasks

do not involve direct contact with blood, body fluids, or tissues PPE is not required, but advised incase of unplanned exposure Ex: urinalysis, X-rays, injections

employment at will

either the employer or employee can ed the employment at any time and for any reason

Where can employees find a list of expectations their employer expects from them/ job description

employee handbook - it can also state the possible consequences if an employee's performance/behavior doesn't meet eh expected standards

discipline

employer's policies and procedures for dealing with poor performance/behavior in the workplace

counseling

employer: - make sure employee understands what is required of them - discuss poor performance, how it can be corrected - documents meeting in employee's personnel file - schedules follow-up evaluation if necessary

verbal warning

employer: - reviews specifically what is expected - explains how employee is not meeting requirements - attempt to help employee improve - describe possible consequences if they don't improve - documents meeting schedules follow-up if necessary

probation

employer: - tell employee that their behavior continues to be unsatisfactory - gives employee written notice of probation, includes statement of expectations and consequences that will follow if problem not fixed - documents meeting and copy of probation notice - schedules follow-up if necessary

suspension

employer: - tells employee their behavior continues to be unsatisfactory - sends employee home, without pay, for up to 5 days - when employee returns, asks them if there will be no further misbehavior - documents actions in employee's file

written warning

employer: - tells employee their performance continues to be unsatisfactory - gives employee written statement if problem is not correct, they will be put on probation - documents meeting - schedules follow-up if necessary

termination

employer: - tells employee their performance/behavior has not satisfactorily improved and not meeting expectations or requirements - fires employee - documents actions in employee's file

CDC Category I tasks

expose employee to contact with mucus membranes or skin contact that involves blood, body fluids PPE required to be worn Ex: throat cultures, pelvic exams

Equal Employment Opportunity Commission (EEOC)

federal government agency that investigates claims of employment discrimination

Summary dismissal

fired immediately for gross misconduct

Medical Waste Tracking Act

gives OSHA the authority to cite offices for unsafe or improper handling of hazardous medical waste - needles and sharps must be disposed of in approved puncture-proof containers - other hazardous medical waste must be disposed of in special leakproof, plastic biohazard bags

sexual assault

indecent sexual conduct that causes fear, shame, or mental suffering can involve threats or use of physical force agains a person

cause of action

legal basis for lawsuit Ex: employer fired you because of your age- this is discrimination

just cause

legal reason for taking action Ex: employer fired you because you falsified records

gross misconduct

misbehavior that is extreme or severe progressive discipline can be skipped and fired immediately

Cause

misconduct that gives an employer's standards or rules

affirmative action

policy that gives preferred treatment to people from groups that have been discriminated against in the past

Federal Unemployment Tax Act (FUTA)

requires employers pay into a fund that makes temporary payments to workers who've lost their jobs through no fault of their own

Occupational Safety and Health Act (1970)

requires employers to provide a save and healthy work environment for their employees created OSHA

Family Leave Act (1991)

requires that employers with 50 or more workers allow employees to take unpaid leave for any of the following reasons - pregnancy, childbirth, care of a newborn - needs related to the adoption of a child - care of an ill family member *applies to men and women

progressive discipline

series of increasingly sever steps that gives the employee a change to improve poor conduct before being fired for it - benefits employer by helping them save their investment by not having to fire employee - builds employer's case for firing employees who do not improve, proves just cause

Civil Rights Act (1991)

stiffened penalties for employers who are sued for wrongful discharge can obtain punitive damages form the employer to punish them for behavior and discourage other employers from doing the same

Who accredits laboratories?

the Joint Commission

wrongful discharge

tort of firing someone without just cause

discrimination

treating someone differently than others because of some personal characteristic or practice

sexual battery

unwanted or forced touching of a person's sexual parts

examples of hazardous medical waste

used needles scalpels grossly soiled examination paper gloves cotton swabs blood products and other body fluids body tissues cultures vaccines

OSHA generally conducts inspections

without any advanced notice Employers have a right to ask for a warrant from OSHA before they enter

All of the following can be required of a job applicant except: A. a psychological test B. a credit check C. a birth certificate D. a physical examination

C. a birth certificate

What does OSHA require when a chemical is present in a medical office? A. that employees wear goggles and gloves when handling the chemical B. that employers install a fire extinguisher near where the chemical is tried C. that the employer have a chemicals MSDS available for the employees to use D. that the employer notify OSHA before cleaning up andy chemical spill

C. that the employer have chemical's MSDS available for the employees to use

Which law helps create a healthier physical environment in a medical office? A. the Pregnancy Discrimination Act B. the Fair Labor Standards Act C. the Medical Waste Tracking Act D. all of the above

C. the Medical Waste Tracking Act

Which action would be wrongful discharge? A. firing an employee for joining a labor union B. firing an employee without just cause C. firing an employee for becoming pregnant D. all of the above

D. all of the above

Which of the following could be considered an example of sexual harassment? A. making an off-color joke at an employee meeting B. hanging a swimsuit calendar up in the office C. offering a salary increase in exchange for a sexual act D. all of the above

D. all of the above

Which action does the doctrine of employment at will allow an employer to take legally? A. requiring an employee to retire when she reaches age 65 B. requiring all employees to retire when they reach age 65 C. laying off a worker who's no longer needed D. laying off a worker who has an employment contract

D. laying off a worker who's no longer needed

Which worker is entitled to unemployment compensation? A. a worker who quits B. a worker who goes on strike C. a worker who retires D. none of the above

D. none of the above

(T/F) Discrimination is easy to prove

False discrimination is generally a history or pattern of actions, not just a single act

(T/F) The Joint Commission also accredits medical offices.

False it is expected they will someday some offices already follow their guidelines/standards

quid pro quo

"this for that" involves some kind of preferred treatment in exchange for sexual favors

OSHA fines per violation

$7,000 $70,000 if deliberate or repeat violation

OSHA inspection

- Opening Conference: inspector explains why he is there and why site was selected - Walk-Around: inspector walks through workplace looking for hazards, may interview employees, employer can accompany officer - Closing Conference: inspector discusses findings with employer and their choice of actions if violations were found - Citation: OSHA sends citation within 6 mo after inspection, lists violations and penalties, required actions, and deadlines - Appeals: employer has 15 days after receiving citation to appeal, may result in reduced fines or settlement agreement on how problem will be fixed

What do you do if an OSHA inspector comes to your office?

- ask to see his OSHA identification - notify supervisor - escort supervisor to room where opening conference will take place - remain with inspector until employer arrives *DO NOT let him begin inspector without employers permission

Americans with Disabilities Act (1990)

- bans discrimination in hiring/firing because of a person's disability - as long as the ability the person does have enables them to do the job they can be hired - employers required to make reasonable adjustments to help debated worker function (make break room wheelchair accessible) - covers employees with drug and alcohol dependency

Age Discrimination in Employment Act (1967)

- bans discrimination in hiring/firing on the basis of age - protects those 40 and over - applies to employers with 20 or more employees - employer must be able to show why the younger person is more qualified if hired

examples of gross misconduct that is just cause for summary dismissal

- committing a felony against patient/coworker - refusal to obey a lawful/reasonable order - gross neglect of job duties - theft - dishonesty - gross incompetence that endangers patient care - misconduct that seriously threatens the health and safety of patients or coworkers, or office's ability to function

steps of progressive discipline

- counseling - verbal warning - written warning - probation - suspension - termination

Blood borne pathogen standard requires employees to:

- cover specimen container with secure lids - wear gloves & masks when necessary, when handling patient's specimens - dispose of used needles and other medical waste in proper hazardous wast materials - immediately decontaminate surfaces where body fluid has been spilled - have written procedure for routine daily cleaning/decontamination - follow hand washing standards by CDC - write incident reports if exposed to blood/body fluids or accidental needle sticks

typical medical office hazards

- electrical & mechanical equipment - chemicals (disinfectant sprays & lab chemicals) - blood and body fluids

unethical workplace relationships

- employee & employee that work closely together - employee & supervisor - employee & patient or their family members

exceptions to employment at will

- employees can not be fired for a reason prohibited by law (age, race, etc) - employees who have an employment contract can not be fired, unless they breach the contract

Workplaces that are high on OHAS's list for inspection

- employers who have had accidents that lead to 3 or more employees death or hospitalization - employers whose employees complained to OSHA - workplaces that have been reported by other people, government agencies or media - follow up checks for corrections of violations - workplaces with high history of illness/injury rates

OSHA requires employees to

- follow OSHA health and safety standouts that apply to their workplace - obey employer and OSHA safety rules - use PPE when necessary - report any hazardous conditions to their employer or OSHA

If you are acceded to accompany inspector on the walk-around:

- follow inspector. do not guide him, hurry him, or interfere with his actions. - ask if you can record inspection - take pictures of anything the inspector takes a picture of or anything he points out to you *If inspector becomes aware of immediate danger, he is required to widen the scope of his inspection

examples of wrongful discharge

- for reporting illegal practices in the office - to prevent employee from being eligible to collect pension/retirement benefits - for joining a labor union or taking part in political activity - for refusing to take a drug test or lie detector test - for exercising your right to freedom of speech

Pregnancy Discrimination Act (1978)

- illegal to fire an employee because she's pregnant or has given birth or because of a medical condition that's related to pregnancy and childbirth - employer must modify her job duties if necessary so that she can work

Information an employer may gather on a possible employee

- info on employment experience & education - criminal background check - credit report - physical examination - testing for drug use - fingerprinting clearance cards - psychological and other tests (as long as they are measuring skills or abilities needed on the job)

Clinical Laboratory Improvement Act (CLIA)

- labs that conduct tests on patient specimens must be inspected and certified by Centers for Medicare and Medicaid Services (CMS) - labs must meet standards for test management, employee qualifications, quality control, quality assurance

OSHA requires employers to

- make all employees war of OSHA health ad safety requirements - train employees to deal with workplace hazards safely - ensure employees wear PPE when required - keep records on workplace hazards and injuries - report all workplace accidents to OSHA - post summary in the office of previous year's work-related injuries/illnesses - discipline employees for violating OSHA - not punish employees who file complaints with OSHA about their workplace - obtain MSDS from each chemical's manufacturer for every chemical household in the facility

Incident reports for spills should include:

- name of chemical spilled - time, date, place of spill - who was involved in the spill, how spill was cleaned up

Blood borne pathogen standard requires employers to:

- offer free hepatitis B vaccines within the firs 10 days of hire to any employe who is likely to be exposed to blood or body fluids

workers compensation

- pays for employees' care if they suffer job-related injuries or develop some work-related disease - pays employee for part of the wages they lost while being unable to work - claims should be maintained in a chart separate from the patent's regular chart to help maintain patient confidentiality

MSDS

Material Safety Data Sheet - ingredient in the produce - how to handle it safely, PPE required - risks of it catching on fire, exploding, dangerous chemical reactions - risk of injury/illness if comes in contact with skin or inhales fumes - how to fight a fire resulting from the product - how to treat someone who has been exposed to product

OSHA

Occupational Heath and Safety Administration writes and enforces administrative rules for require standards of health ad safety in the workplace

Info employer can not legally ask about on an application or during an interview

- race, color, national heritage - religion - gender (unless critical to the duties of the job) - date of birth/age (legal to ask if under 18, if yes then legal to ask for DOB) - birthplace (legal to ask if US citizen) - height & weight - disabilities (legal to ask if any physical limitations that would affect her ability to do the job) - arrest record (legal to ask if ever been convicted of a crime & circumstances that it happened - family status, married, has children, pregnant

Fair Labor Standards Act (FLSA)

- sets standards for overtime pay when hourly employee works more than 40 hrs a week - employers must pay hourly workers 1.5 hrs for each hour they work behind 40 hrs a week. *does not apply to workers who are classified as supervisors or professional employees

If you are asked to be interviewed by the OSHA inspector

- treat interview as you worked if asked to testify in court - answer honestly - only answer question asked, do not provide any extra information - do not argue with inspector - avoid making comments that are unrelated to the inspection - never criticize employer or coworkers - be friendly but not "best buds" friendly - do not offer any gifts (lunch) because they are not allowed to take any gifts offered to them

topics generally covered in employees handbook

- work ours & paid holidays - vacation, sick, and personal time and its use - proper dress in the workplace - guidelines for correct behavior - procedures for handling improper employee behavior

those who are not entitled to unemployment compensation

- workers who quit - workers who were fired for cause - workers who go out on strike in a labor dispute

Which organization has the most influence over the health and safety of health care workers? A. OSHA B. CDC C. the Joint Commission D. EEOC

A. OSHA

Which federal law does not protect a 50 year old female employee from discrimination? A. the Fair Labor Standards Act B. the Civil Rights Act of 1964 C. the Age Discrimination in Employment Act D. the Americans with Disabilities Act

A. the Fair Labor Standards Act