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This document contains Chapters 13 to 14 CHAPTER 13 LABOR RELATIONS AND COLLECTIVE BARGAINING Objectives. After reading this chapter, you should be able to Understand why people join unions. Know the basic elements of labor law. Understand collective bargaining as a tool for labor negotiation. Identify the bases of power in collective bargaining related to both unions and management. Describe current trends and issues in labor relations. Describe the state of labor relations in other countries. CHAPTER 13 – CHAPTER SUMMARY Overview Unions represent employee’s interests to management on critical HR issues Unions prefer stability and equality of wages Union membership in the U.S. has dropped substantially Americans support of unions is down Unions improve working conditions of workers Nonunion workers are protected by laws that unions helped pass Worker-management relationships are affected by unions Knowledge of labor law is critical when union organizing efforts are serious Why Do Workers Join Unions? Worker perceptions of organizational justice, job satisfaction, and perceptions of fair pay likely deter union organizing drives Three Reasons why workers join unions (Figure 13-2) Perceptions of work environment Perceptions of influence Belief of unions Belief that unions can foster change is in decline Companies try to prevent union formation Management strongly prefer a non-union environment The Legal Environment of Labor Relations National Labor Relations Act (NLRA) (Wagner Act-1935) 1. Prohibited unfair labor practices by private- sector employers No interfering with employee representation and collective bargaining rights No dominating or interfering with union affairs No discriminating against workers who are active in union or who file unfair labor charges Can not terminate if employee files charges or gives testimony under NLRA Bargain in good faith with employee representatives Established the National Labor Relations Board (NLRB) Two functions of NLRB Prevent and correct unfair labor practices Certify or decertify union representation by election Hears complaints for unfair labor practices (ULPs) Attempts to settle claim Complaints could be heard by NLRB judge with appeal to five-member NLRB NLRB ruling subject to review by U.S. Court of Appeals and Supreme Court Approximately 25,000 ULPs filed each year, and over 90% settled In 2011 over 2000 petitions were filed for secret ballot elections 2011 NLRB issued a rule requiring employers to post a notice advising employee of their rights under the NLRA NLRB can challenge state laws it believes are in conflict with the NLRA The Taft-Hartley Act of 1947 Limits the power of unions and defined unfair labor practices by unions Restricted strike usage and granted the President injunction power Restricted interfering with workers right to organize Prohibited discrimination against non-participating workers Provides states with option to pass “Right- to-Work” laws Declare that union security agreements, which require membership as a condition of employment, are illegal As of 2011 23 states have “Right-to-Work laws Federal Mediation and Conciliation Service Established to provide emergency provisions to settle strikes affecting national health and safety Other Important Labor Laws The Landrum-Griffin Act of 1959 Provided employees with a “bill of rights” Required unions to file annual financial statements with Department of Labor Required unions to elect national officers every 5 years Required unions to elect local officers every 3 years Goal to monitor the internal activity of unions The Railway Labor Act of 1929 Applies to transportation industry (rail, airlines, etc) Allows government intercession in bargaining breakdowns President may intervene in case of a strike The Civil Service Reform Act (CSRA of 1978) Similar to NLRA, applicable only to federal employees Prohibits wage negotiations and strikes Established the Federal Labor Relations Authority (FLRA) How Do Workers Form Unions? Process of organizing workers: Employees contact union or union conducts organizing drive Unions are using the Internet to conduct campaigns Employer can restrict the use of company email to “business only” At least 30 % must sign authorization cards Employer can recognize a union at this point without an election NLRB petitioned to conduct election NLRB sets date for election Goal is to maintain environment in which workers can make un-coerced decision regarding election Secret ballot held, majority to accept If no acceptance, 12 months wait If acceptance, 12 months to decertify (employer) Union Organizing Efforts Bottom-up campaign initiated by workers Top-down initiated by union Goal to build sense of injustice and belief union can impact change Town & Country Electric v. NLRB held that “Salting” of union sympathizers thru employment in non-union firms is legal as long as they do their work Organization can campaign against union Neutrality agreement from management can contain provision that management will recognize the union if majority of workers sign authorization cards Alternative approach to typical election campaign Secure a collective bargaining agreement without an election Implementing strike alternative, pressure campaign strategies and tactics NRLB regulates campaigns Unions can go worker-to-worker or community involvement Organization can hold “captive audience” meetings Unions believe organizations violate law in anti-campaigns Few penalties for violating law Unions can get neutrality agreements The Effects of Unions Wage differential between 15 -20% favoring unionized workers Median weekly (2008): union= $886; non-union=$691 Better fringe benefits Collective voice of unions reported to reduce worker quit rates Productivity effects are mixed Higher productivity when good labor/management relations Recent report show “unions have a significant negative effect on profits in the US” Unions and high Performance Work Practices Shareholder wealth decreases during organizing campaigns Unionization redistributes the firm’s economic profits from stockholders to workers Nature of the mgt-worker relationship has impact on adoption of HPWP’s Spillover effects can occur when non-union firms adopt union like practices Unions and Quality of Work life Issues QWL programs can enhance firms’ industrial relations QWL programs can mitigate need for unions Union support important for QWL program success Mixed results on QWL programs in union settings Studies have found that QWL programs improve industrial relations Employee involvement programs can be effective at resolving differences Nonunion work teams in union firms must be careful regarding NLRA Electromation v. NLRA (1994) on employer domination Union Effects on Worker Satisfaction Union workers report more dissatisfaction with supervisors and job content than nonunion workers Only pay provides higher union satisfaction Voluntary turnover lower in unionized firms Golden Handcuffs Unions and HRM Termination for cause only Total compensation is almost always higher Staffing & performance management activities are often subject to collective bargaining Management must justify the reason for the termination or discipline of union workers Collective Bargaining The Labor Contract Formal agreement between union and management Outlines terms and conditions of employment Taft Hartley Act of 1947 requires employer to negotiate with the union Good faith bargaining Requires that meetings are scheduled and conducted reasonable time and place Realistic proposals Realistic counter proposals Parties sign the agreement once completed Mandatory bargaining issues include wages, benefits hours of work, incentive pay Permissive issues may include union input into prices of the firm’s products. No requirement to discuss or include in contract Issues in Collective Bargaining Wage-related issues Supplementary economic benefits Institutional issues (union security, ESOPs, QWL) Administrative issues (seniority, job security, and training) Types of Bargaining Distributive bargaining is zero-sum negotiation Integrative bargaining is mutually beneficial Concessionary bargaining is union giving back some of previous gain Two-tier pay structures Conducting Labor Contract Negotiation Preparing for negotiating Gather information both internal and external to the firm Prepare written plan Send teams to negotiation table Meetings in Contract Negotiation Union team presents its initial proposals first, management counters Union members vote on tentative agreement The final step is the signing of the agreement Resolving Bargaining Deadlocks and Impasse Resolution Avoiding deadlocks by delaying consideration of more difficult issues until later stages of negotiation Be prepared to offer concessions and accept alternative solutions Mediation by neutral third party Government intervention necessary if threats to national security or public welfare Union's Economic Power in Collective Bargaining Striking the employer NLRB v. Mackey Radio & Telegraph (1938) permitted the permanent replacement of economic strikers Decreased perception of effectiveness of striking Picketing the employer Boycotting the employer Secondary boycotts are illegal under Taft- Hartley Act The Employer's Power in Collective Bargaining Capital: how to use of capital in the firm (e.g., close or transfer operations) Strike vs. Costs of agreeing to demands: How employers action affect future negotiations How long the firm can union and endure a strike Whether business can continue during a strike Lockout: shuts down operations in anticipation of a strike Administration of the Labor Contract Grievance procedure (Figure 13-7) How the grievance will be initiated Number of steps in the process Who will represent each party Number of working days that grievance will take Resolution of Grievances Most are expressed (orally or written) to supervisor Most are settled early Next step is taken to higher level (company and union representatives) Can include mediation Arbitration process Should be last resort Is usually binding The Arbitration Process The decision to arbitrate Selection of the arbitrator Impartial third party The arbitration hearing Basis for Arbitrator’s Decision and Award Arbitrator writes his or her opinion supporting the decision and award A fair decision and award must be based upon the contract Decide if the employee was accorded due process Criticisms of the Arbitration Process Costs Reduce costs: develop system to ensure only high importance grievances end up in arbitration, hiring local area arbitrators, consolidating grievances into one hearing, issue awards without providing detailed written opinion Delays Overcome through mini-arbitration & grievance mediation Current and Future U.S. Trends in Labor Relations Union Membership The future of unions in the U.S. is not clear Increased emphasis in union organizing: Change to Win Coalition 2005 the largest five AFL-CIO affiliates formed a coalition to focus on organizing Unions are gaining political force Unions continue to challenge team-based productivity improvement programs as violations of the NLRA UAW concessions Increasing support among Women, minorities and immigrants Nursing Home workers Cumulative effect of court rulings has decreased ability of unions to organize Managers more likely to be fired or not promoted after a successful organizing effort Public-Sector Union Membership Public sector increasing union membership-36.8% in 2008 Less bargaining power Majority of members in AFSME are women Mergers and Acquisitions Bargain with the existing union Fall River Dyeing & Finishing Corp vs. NLRB established when a successor employer is required to recognize and bargain with the predecessor union: Substantial continuity Bargaining unit is appropriate Predecessor employed a majority of the new employers’ workers Anti-takeover statutes Retraining Provisions Enhance employee development in order to limit downsizings and maintain jobs Employee Benefits Emphasis on healthcare & family-oriented benefits Child-care & family-leave issues Unions instrumental in passage of FMLA State child care funds Child care centers A Proposal to Reinvent U.S. Trade Unionism Current hostile environment contrary to unionization’s goal of “social uplift” Current situation requires a new strategy and tactics Figure 13-8: Strategy for Reinventing Trade Unionism in the 21st Century International Issues Unique characteristics to U.S. labor relations “Exclusive representation”, U.S. has one union for any worker, Europe may have more than one In U.S. government is passive in labor relations, most of world government is active in labor U.S. more adversarial between union and management Collective bargaining is more centralized in other places in world U.S. emphasizes economic issues, others political issues Codetermination exists in other countries Labor and management exist equally on supervisory boards of firms Neutral chair casts deciding vote U.S. Managers & Unions Major cause of expatriate difficulties is not understanding country’s union structure and underlying social dimension U.S. Union membership is one of lowest in world (See Figure 13-9) Guidelines for MNC’s have been developed Attempt to guarantee basic social and labor relations rights for all workers Global Collective Bargaining & Productivity Union workers get significantly higher average wages Wage differential largest in US Union membership reduced wage differences between skills & unskilled workers and men & women Difficult to generalize labor relations across borders Summary The direction unions will take is not clear Unions must be flexible and adapt to changes Politics play a major role in the current state of unions NLRB interpretive decisions tend to track with the political party in power Cooperation and collaboration describe contract negotiations today Unions and collective bargaining continue to play a role in the lives of workers The effects of Change to Win Coalition is uncertain CHAPTER 13 - IMPORTANT TERMS Arbitration - involves bringing in an impartial third party to settle disputes between labor and management Boycott - refusing to purchase employer’s products or services Change to Win Coalition – started in 2005 as an answer to the questionable management of the AFL-CIO, was originally a partnership of 7 labor unions including the Teamsters and Service Employees International (www.changetowin.org) Codetermination - Labor and management are represented on supervisory or corporate boards Concessionary bargaining – when a union gives back to management some of what it has gained in previous bargaining Distributive bargaining - zero-sum negotiation where one side wins and the other side loses Enterprise unions - Japan has enterprise unions in which most firms have a single union with virtually all job families in the same union. There is no clear distinction between labor and management. Bargaining is done by the central organization during the "spring offensive" with details then negotiated at the individual company. Exclusive representation – in the U.S. there is only one union for any given job Federal Mediation & Conciliation Service (FMCS) - created by Taft-Hartley Act to provide mediation and conciliation services in labor disputes Good-faith bargaining – characterized by reasonable scheduling of bargaining, submitting realistic proposals and counter proposals, parties signing the agreement once completed Grievance procedure - formal complaint regarding the event, action, or practice that violated a labor contract Integrative bargaining - both sides are trying to reach a mutually beneficial alternative or a win-win solution Labor contract – formal agreement between a union and management that specifies terms and conditions of employment for a specific period of time Lockout - shutting down of operations to avoid a strike Mutual gains bargaining – seeks to resolve conflict to the benefit of both management and labor Neutrality agreements – contain provisions in which management agrees to recognize the union if the majority of workers sign authorization cards, therefore avoiding an election Picket - employee’s advertisement of their dispute with management Salting – getting union sympathizers employment in nonunion firms for the purpose of organizing; Supreme Court ruled “salts” cannot be fired if they are doing their jobs Spillover effects- when non-union firms are influenced to make changes similar to those of a unionized firm, for example to remain competitive in wages Strike - a refusal on the part of the employees to perform their jobs CHAPTER 13 - LEGISLATION Civil Service Reform Act of 1978 - Established right of federal employees to have union representation, created the Federal Labor Relations Authority to monitor federal labor relations and forbade wage negotiations and prohibited strikes Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) - established employee "bill of rights," required unions to file annual financial reports, and regulated trusteeships Landrum –Griffin Act - see Labor-Management Reporting and Disclosure Act of 1959 National Labor Relations Act of 1935 (NLRA) – also known as the Wagner Act: formally recognized workers' right to organize and bargain collectively with representatives of their own choosing; established the NLRB (www.NLRB.gov) National Labor Relations Board (NLRB) - a federal agency that administers the National Labor Relations Act by conducting elections to determine whether or not employees want union representation and investigating and remedying unfair labor practices by employers and unions (www.nlrb.gov) Railway Labor Act of 1926 - first significant pies of labor legislation: Encouraged collective bargaining for handling railroad disputes Right-to-Work Law – allow workers to work in an establishment under a collective bargaining agreement without joining the union. The Taft-Hartley Act provides states with the option to enact right-to-work legislation. Taft-Hartley Act - 1947, limited the power of unions by regulating labor activities Worker's Adjustment Retraining Notification Act (WARN) - Act requires that workers be given at least 60 days' notice of layoffs of 50 or more employees that compose over one-third of the employer's workforce CHAPTER 13 - IMPORTANT CASES Electromation v. NLRA (1994) - U.S. Court of Appeals upheld the NLRB ruling that management committees addressing dissatisfaction with attendance and absenteeism bonuses represented illegal employer domination Fall River Dying v. the NLRB - Supreme Court established conditions under which a new employer must recognize and bargain with the predecessor's union NLRB v. Mackey Radio & Telegraph (1938)- permitted the permanent replacement of economic strikers Town & Country Electric v. NLRB - that as long as the “salts” did the work for which they were hired, employers violate the NLRA if they took action against them CHAPTER 14 EMPLOYEE HEALTH AND SAFETY Objectives. After reading this chapter, you should be able to Understand the extent and costs of employee accidents, illnesses, and deaths on the job. Discuss the role of workers’ compensation programs for job-related injuries and illnesses. Describe legal issues related to health and safety. Explain the functions of OSHA and review research on the effectiveness of this act and related regulation. Discuss recent approaches that have been used to improve workplace safety and health. Review contemporary issues and programs that seek to improve worker health and safety, including drug testing, antismoking policies, threat management teams, stress management interventions, employee assistance programs, and employee wellness programs. CHAPTER 14 - SUMMARY Overview Growing interest due to number of increasing illnesses and occupational injuries Industrial accidents cost the U.S. economy billions of dollars per year OSHA is responsible for establishing and enforcing occupational health and safety standards Death and accident rates vary substantially as a function of the industry, occupation, and organization size Moderate-sized organizations have highest accident rates Unions were instrumental in improving working conditions U.S. is safer than most countries Chemical hazards, repetitive stress injuries, and job burnout are three growing problems Common Workplace Injuries and Diseases Lower-back injuries account for 25% of all lost workdays Noise is a common cause of occupational diseases Food poisoning from improper food handling is common illness Distracted driving Texting while driving Sleep deprivation Sleep deprivation is a major cause of accidents in general Legal Issues Related to Health and Safety Worker's Compensation, Figure 14-1, page 507 Federally mandated insurance program based on liability without fault What Employers Need Workers Compensation Coverage and What are the Costs Public and private employers are covered Policy and provisions vary across states, and not all jobs are covered State law determines what claims are admissible Premium rates vary across states and according to health and safety records What Injuries or Diseases Are Covered? Accidental injuries and occupational diseases Mental or nervous injury due to stress generally not covered Work-related condition that causes fear or dislike of others based on protected class status “Pain and suffering” are not compensable Negligence and willfulness can reduce the amount of a claim Workers must file claims for benefits, and employers may contest claims Employers usually start paying after 21 days of disability Usually not liable for first 7 days Compensation usually at 2/3rds average weekly wage There is a considerable amount of fraudulent claims The “Fake Bad Scale” for fraud cases has limited research support Disputes between employee and employer are common No fault provisions Worker’s compensation laws encourage safety The Occupational Safety and Health Administration Act 1970 Created OSHA within the U.S. Dept of Labor OSHA's mission is to prevent work-related injuries, illnesses, and deaths Data indicate trend of reduced fatalities and accidents OSHA applies to all U.S. employers Severe Violator Enforcement Program is designed to address employers who repeatedly and willfully violate the law OSHA encourages states to create safety and health programs for workers OSHA is focused on three strategies a) Strong, fair and effective enforcement b) Outreach education and compliance c) Partnerships and cooperative programs OSHA imposes standards and conducts workplace inspections General duty clause covers areas that do not have specific standards Setting limits for exposure to hazardous materials Employers may request a temporary variance when unable to comply with a new standard Record keeping and Reporting a) Employers with 11+ employees must record of injuries and illnesses (Figure 14-3) Must be kept for 5 years Used for analyzing workplace & identifying ergonomic problems 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 Occupational illness: any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment Recorded when Death One or more lost work days Restriction of work or motion Loss of consciousness Transfer to another job Medical treatment beyond first aid 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: Reports of imminent dangers and actual accident sites Employee complaints Target industries Random inspections Follow-up inspections c) Inspections are conducted without advance notice d) Inspections conducted by trained inspectors Marshall v. Barlow’s Inc (1978)- OSHA may not conduct warrantless inspections without an employer’s consent e) Inspections Opening conference scope of inspection is stipulated Inspection Tour Closing Conference f) Appeals rights Abatement period – time to fix problems Types of violations Other than Serious Serious Willful Repeated Failure to Abate Prior Violation Additional Penalties Falsification Violation of posting requirement Assaulting a compliance officer, or otherwise resisting and opposing Citations and penalties vary from state to state The average OSHA penalty is low Top Five OSHA violations Scaffolding Hazard communication Fall protection Lockout/control of hazardous energy respitory protection Electrical wiring Services Available a) Consultation assistance b) Voluntary protection programs: i) Recognize outstanding safety achievement Star –most demanding and most prestigious Merit –stepping stone to Star program Demonstration c) Training and education Employer Responsibilities under OSHA 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 Familiarize yourself and employees with mandatory OSHA standards and make copies available to employees for review upon request Examine workplace conditions to ensure they conform to applicable standards Minimize or reduce safety and health hazards Ensure that employees have and use safe tools and equipment (including appropriate personal protective equipment) and that such equipment is properly maintained Employ color codes, posters, labels, or signs in several languages to warn employees of potential hazards Establish or update operating procedures and communicate them so that employees follow safety and health requirements Provide medical examinations when required by OSHA standards 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 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 Post, at a prominent location within the workplace, an OSHA poster informing employees of their rights and responsibilities 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 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 Refrain from discriminating against employees who properly exercise their rights under the act Post OSHA citations at or near the work site involved. Each citation, or citation copy thereof, must remain posted Employee Rights under OSHA Protection to seek safety and health on the job without fear Employers cannot discriminate against employees 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 Additional employee rights include access to standards and hazards, request inspections, and participation in the inspection process The Effects of OSHA Establishment of formal safety committees Improved equipment Improved medical facilities Greater emphasis on health and safety Mixed evidence on whether OSHA has reduced accidents, deaths, or injuries Difficult to assess effects-extent to which OSHA is responsible for reduction in fatalities is unclear Decline in construction injuries (Figure 14-6) Illegal immigrant workers and reported injuries Decrease in rate of rate of injuries/illnesses resulting in lost workdays from 1984-2007 Increase in total injuries since 1984 due to RSI reports “Right- to- know” provisions should have positive impact on company health record keeping Unions take a positive position on the effects of OSHA Programs to Reduce Accidents at Work 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 Selective Hiring Eliminate high risk applicants Can you predict accident proneness Older employees are safer than young employees Physical characteristics are related to accident rates when critical to the job A poor driving record does not predict future behavior Safety Training Formal programs are more effective Supervisory safety practices are important OSHA has issued "voluntary training guidelines" Training typical in industries with serious accident problems Training needs to adjust to changing workforce Teamwork, Supervision, and Decentralized Decision Making Fosters higher group cohesion Quality of supervisor-employee relationship and group cohesion are the best predictors of the tendency to comply with safety rules Workers in teams tend to feel responsible for their own and each other’s safety Provides greater opportunity for control Incentive Systems Small incentives can change employees’ attitudes Safety contests that departments compete or with past records for prizes Research supports value of safety incentive programs If rewards are too large, could be an incentive to not report Safety Rules Detailed handbooks are most effective Safety rules must be enforced to be effective Contemporary Issues Related to Health and Safety AIDS and the Workplace Costs of AIDS include medical, HR issues and productivity losses ADA protects AIDS victims OSHA mandates firms have HIV/AIDS policy Bloodborne Pathogen Standard Business must have a comprehensive HIV/AIDS policy and communicate the plan throughout the workplace CDC AIDS Clearinghouse provides businesses with information on policies and education Drugs in the Workplace Cost business $102 billion annually Drug user creates higher incidence of workplace violence, irritability, accidents, and errors Drug Free Workplace Act of 1988 requires federal contractors to provide drug-free workplace Most companies do drug testing (AMA survey found 78%) Personal injuries decline after a drug test program is initiated Five approaches to drug testing Preemployment Random Reasonable cause Return to duty Post-accident Often contested under the Fourth amendment; unreasonable search and seizure Unionized employers must bargain with the union about the procedures to be used Components of a sound drug testing policy: Notice to employees (or applicants) that drug testing will be conducted and the procedures to be used 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 A careful chain of custody to ensure that samples are not lost, mixed up, or switched A dignified but secure method of collecting samples Confirmation of all positive drug results with more sensitive tests The opportunity for the individual to have the sample retested at his or her own expense Confidentiality of test results Determine what substances are permissible Apply due process Smoking in the Workplace Businesses lose $82 billion in lost productivity from smokers Secondhand smoke as the third largest cause of preventable death EPA "Guide to Workplace Smoking Policies" recommends ventilated smoking lounges in the workplace Increasing number of companies banning smoking both on and off the job No specific OSHA regulation, covered by “general duty” requirements Numerous states have issued antismoking restrictions and 29 have passed smoker protection laws Evidence shows that employees who smoke are more expensive Companies should development workplace smoking policies Violence in the Workplace Increasing in frequency and severity Homicide is second leading cause of workplace deaths HR needs to be aware of all forms of workplace violence OSHA issued guidelines recommend assessment of security issues Consequences Pain and suffering or loss of life Health care costs Higher workers’ compensation fees Legal costs Lost wages and productivity Damaged image Violence Prevention Programs Pre-employment Screening Predict likelihood that applicant is prone to violence Background checks Structured interviews Develop written policies and procedures Negligent hiring/negligent retention Training and Education Educate managers and supervisors on signs of stress Give employees an outlet for grievances Employee assistance programs (EAPs) Educate employees on stress, abuse awareness, and emotional problems Train on dismissals Counseling after dismissals Threat Management Teams Conduct risk assessments Outline scope of activities Coordinate services Communicate to families Security Regular police checkups Clearing high-risk areas Safe arrangement of office furniture Escape routes Employer’s responsibility to ensure safe and healthy workplace Video Display Terminals (VDTs) Eye fatigue “computer vision syndrome” Muscular and wrist problems Extend of health risks unclear Psychological stress based on unknown impact documented Mitigate problems thru training and ergonomic methods and equipment OSHA issued VDT checklist (Figure 14-10) Repetitive Strain Injuries (RSI) Costs in workers’ compensation claims $20 billion Ergonomics is science of designing work space Investigated and enforced under “general duty clause” California is the only state with safety standards related to RSI “Best Practices” program designed by OSHA-use of program reduced RSI injuries/lost work days Occupational Stress Rising stress levels Post Traumatic Stress Disorder (PTSD) Effects of stress include potential for violence and accidents at work Job stress – job related factors cause a worker to deviate away from normal functioning Stressors related to job demands Role overload Role conflict Role ambiguity Individual differences-personality variables Type A personalities suffer more stress “Proactive” personality types more able to control stressful situations Conflicts of job obligations with family obligations Burnout-reflects emotional exhaustion Interventions Role of manager critical for reducing number and intensity of stressors Telecommuting Increased job control leads to reduced stress Physical job performance exams Job Design Types of Stress Challenge related stress can be positive Intervention Targets Change the situation Modify employee appraisal of stress Help Employees cope Employee Assistance Programs Programs found to be cost- effective Exempts supervisors from trying to diagnose Treat job stress, alcoholism, drug abuse, marital and emotional problems, and financial problems Goal is to return to normal, productive functioning on the job Usually run by outside health service organization Employee Wellness or Fitness Programs Focus on prevention They are cost effective for organizations Incentives to stay well Summary Eight Essential Steps in Improving the Work Environment Affirm management’s commitment to a safe and healthy environment Review current safety objectives and policies Conduct periodic evaluations and inspections of the workplace Identify potential and existing work hazards in the areas of safety and health Identify the employees at risk Make the necessary improvements in the workplace Prepare and conduct preventive programs Monitor the feedback results and evaluate costs Top management taking active role in the health of workers Resources must be made available Employee participation is crucial Managers should create an atmosphere where employees feel comfortable reporting Managers held accountable for the health and safety of workers Health and safety is an international issue CHAPTER 14 - IMPORTANT TERMS Abatement period – amount of time the employer has to fix problems related to OSHA violations Burnout - an experience of developing cynical attitudes toward the job and/or clients, feeling emotional exhaustion, depersonalizing, and/or feeling a sense of low personal accomplishment or control Cause trees – method used to identify the root causes of the less-than-obvious problems Closing conference – following an OSHA inspection tour a meeting is held between the compliance officer and the employer for free discussion EAPs - Employee assistance programs provide specific programs designed to help employees with personal problems Ergonomics – is the science of designing workspace and equipment to be as compatible as possible with the physical and psychological limits of people “General Duty Clause”- OSHA states each “employer shall furnish a place of employment which is free from recognized hazards that are causing or likely to cause death or serious harm to employees” Inspection Tour - set up by OSHA to review a work place and check for compliance with OSHA safety and health standards talking with employees, taking readings and examining records Job demands – are psychological stressors Job Stress – a situation wherein job-related factors interact with a worker to change his or her psychological and/or physiological condition such that the person is forced to deviate from normal functioning "Liability without fault"- workers who are victims of work-related injury or illness are granted benefits regardless for who is responsible for the accident, injury, or illness National Institute for Occupational Safety (NIOSH) - Established by OSHA, part of the Centers for Disease Control and Prevention, and is responsible for investigating hazardous working conditions, evaluating working standards, creating and disseminating methods for preventing disease, injury and disability, and conducting research and providing scientifically valid recommendations for protecting workers Negligent Retention – occurs when an employer fails to remove an employee from a position of responsibility after it became apparent or should have been apparent that the employee should not have had this responsibility Occupational illness – any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment Occupational injury – is any injury that results from a work-related accident or from exposure involving a single incident Occupational Safety & Health Administration (OSHA) – US department of Labor division designed to reduce occupational diseases and on-the-job injuries Occupational stress - stress that occurs regarding work, job demands, role ambiguity, or burnout Repetitive strain injury (RSI) - injury that occurs from continuous and the same physical movements over and over (e.g. carpal tunnel syndrome) Role ambiguity – workers do not understand what is expected on the job or where what is expected is contrary to what they think should be done Role conflict – having conflict demands from several sources "Right-to-know" laws - employees’ right to know if they are working with unsafe substances, how to work with them safely, and how to administer first aid if workers come in contact with toxic chemicals Selective exclusion – not hiring employees at high-risk of accidents and injury at work Severe Violator Enforcement program (SVEP) – designed to address employers who repeatedly and willfully violate the law Standard- OSHA stipulation of conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment Threat management team – responsible for translating workplace violence policies into action with particular emphasis on prevention Variance- an exception (four types) to compliance with an OSHA standard; issued by OSHA Wellness – is freely chosen lifestyle aimed at achieving and maintaining an individual’s good health Wellness programs - health and safety prevention and protection programs for employees CHAPTER 14 - IMPORTANT LEGISLATION Drug Free Workplace Act of 1988 – requires federal contractors to provide a drug-free workplace 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 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 CHAPTER 14 - IMPORTANT CASES 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. 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. Instructor Manual for Human Resource Management John H. Bernardin, Joyce E. A. Russell 9780078029165, 9780071326186
