PART FIVE EMPLOYEE RELATIONS C H A P T E R S i x t e e n Employee Safety And Health 16 Lecture Outline Strategic Overview Occupational Safety Law OSHA Standards and Record Keeping Inspections and Citations Responsibilities and Rights of Employers and Employees Top Management’s Role in Safety What Causes Accidents? Unsafe Conditions and Other Work-Related Factors What Causes Unsafe Acts? How to Prevent Accidents Reducing Unsafe Conditions Reducing Unsafe Acts by Emphasizing Safety Reducing Unsafe Acts Through Selection and Placement Reducing Unsafe Acts Through Training Reducing Unsafe Acts Through Motivation Use Behavior-Based Safety Use Employee Participation Conduct Safety and Health Audits and Inspections Research Insight: High Performance Systems and Safety Controlling Workers’ Compensation Costs Workplace Health Hazards: Problems and Remedies The Basic Industrial Hygiene Program Asbestos Exposure at Work Improving Productivity Through HRIS Infectious Diseases Alcoholism and Drug Abuse Stress, Burnout, and Depression Computer-Related Health Problems Workplace Smoking Violence at Work Occupational Security and Safety Basic Prerequisites for a Security Plan Setting up a Basic Security Plan Evacuation Plans Company Security and Employee Privacy In Brief: This chapter outlines occupational safety laws, and then discusses causes of accidents and how to prevent them. There is also a section devoted to employee health, stress, company security and employee privacy Interesting Issues: The role of OSHA is somewhat controversial in today's society. Some feel it is an intrusion by a bungling governmental bureaucracy that doesn't really understand the nature of work and jobs, while others view it as the only check and balance available to help save employees' lives and limbs. ANNOTATED OUTLINE I. Occupational Safety Law The Occupational Safety and Health Act was passed in 1970 to preserve the nation’s human resources by assuring as much as possible that every worker has safe and healthy working conditions. The Occupational Safety and Health Administration (OSHA) (within the Department of Labor, which enforces the standards) administers the act, sets and enforces the safety and health standards, and has inspectors working out of branch offices throughout the country to ensure compliance. A. OSHA Standards and Record Keeping 1. Figure 16 –1 provides an example of OSHA Standards. 2. Under OSHA, employers with 11 or more employees must maintain records of, and report occupational injuries and occupational illnesses, which is any abnormal condition or disorder caused by exposure to environmental factors associated with employment. Figure 16-2 shows what accidents must be reported under OSHA. B. Inspections and Citations - are how OSHA enforces its standards. The agency has limited funds so it tries to encourage cooperative safety programs as well. 1. Inspection Priorities – Inspections in order of priority are: 1) imminent danger situations; 2) catastrophes, fatalities, and accidents that have already occurred (employers must report within 48 hours); 3) valid employee complaints of alleged violation of standards; 4) periodic special-emphasis inspections aimed at high-hazard industries, occupations, or substances; and 5) random inspections and re-inspections. OSHA conducts an inspection within 24 hours for immediate danger complaints, and within 3 working days when a serious hazard exists. OSHA responds within 20 working days for a non-serious complaint filed in writing by a worker or union. 2. The Inspection – An authorized employee representative can accompany the officer during the inspection, during which time the inspector can question workers about safety and health conditions. The inspector holds a closing conference with the employer’s representatives to discuss apparent violations for which OSHA may issue or recommend a citation and penalty The area director determines what citations, if any, to issue, which inform the employer and employees of the regulations and standards that the employer violated. The employer must post these citations at or near the place where the violation occurred. 3. Penalties – OSHA can impose penalties ranging from $5,000 up to $70,000 for willful or repeated serious violations, although in practice the penalties can be far higher. 4. Inspection Guidelines – fall into three categories: initial contact, opening conference, and walk-around inspection. C. Responsibilities and Rights of Employers and Employees – Employers are responsible for providing a hazard-free workplace, being familiar with mandatory OSHA standards, and examining workplace conditions to make sure they conform to applicable standards. Employers have the right to: seek advice and off-site consultation from OSHA, request and to receive proper identification of the OSHA compliance officer before inspection, and to be advised by the compliance officer of the reason for an inspection. OSHA can’t cite employees for violations of their responsibilities. Employees are responsible for complying with all applicable OSHA standards, for following all employer safety and health rules and regulations, and for reporting hazardous conditions to the supervisor. Employees have a right to demand safety and health on the job without fear of punishment. The act forbids employers from punishing or discriminating against workers who complain to OSHA about job safety and health hazards. 1. Dealing with Employee Resistance – In most cases, the employer remains liable for any penalties associated with employees’ noncompliance with OSHA standards. It is possible for employers to reduce their liability. 2. Staying Out of Trouble with OSHA – This segment contains a list of the top 10 ways to incur OSHA’s wrath. When You’re on Your Own, HR for Line Managers and Entrepreneurs: Free On-Site Safety and Health Services for Small Businesses – Discusses how OSHA helped Jan Anderson, president of a Colorado steel installation company, and a group of similar Colorado firms, draft new safety systems, created educational materials, and provided inspections that were more cooperative than adversarial, which have significantly decreased their workers’ compensation costs. ➢ NOTES Educational Materials to Use II. Top Management’s Role in Safety Safety commitment begins with top management. Employees need to see convincing evidence of top management’s commitment to safety. A. What Top Management Can Do –Safety needs to be part of everyone’s responsibilities. Management needs to institutionalize their safety commitment with a policy that is publicized. Analyzing the number of accidents and setting specific safety goals is also important. III. What Causes Accidents? A. Unsafe Conditions and Other Work-Related Factors – Unsafe conditions are one main cause of accidents. Three Other Work-Related Accident Factors: the job itself, the work schedule, and the psychological climate of the workplace. B. What Causes Unsafe Acts (A Second Basic Cause of Accidents) – Unfortunately, there are no easy answers to the question of what causes them. The consensus is that accident proneness is situational. Some accident repeaters are just unlucky, or may be more meticulous about reporting. Certain traits have been identified with accident prone-ness. When You’re on Your Own, HR for Line Managers and Entrepreneurs: The Supervisor’s Role in Safety – Discusses how to make safety part of a department’s daily routine. ➢ NOTES Educational Materials to Use IV. How to Prevent Accidents A. Reducing Unsafe Conditions – is always an employer’s first line of defense. Safety Engineers should design jobs to remove hazards, additionally, supervisors and managers should help identify and remove potential hazards. The New Workforce: Protecting Vulnerable Workers – Employers need to pay special attention to vulnerable workers when designing safe environments. These include young workers, immigrant workers, aging workers and women. B. Reducing Unsafe Acts by Emphasizing Safety – It’s the supervisor’s responsibility to set the tone so subordinates want to work safely. C. Reducing Unsafe Acts Through Selection and Placement – Screening is another way to reduce unsafe acts. The basic aim is to isolate the trait that might predict accidents on the job in question, and then screen candidates for this trait. Studies suggest that the Employee Reliability Inventory (ERI), which measures emotional maturity, conscientiousness, safe job performance, and courteous job performance, can help employers reduce unsafe acts at work. The ADA has particular relevance for safety-related screening decisions. D. Reducing Unsafe Acts Through Training – is especially appropriate for new employees. OSHA has published two booklets: Training Requirements Under OSHA and Teaching Safety and Health in the Workplace. The New Workforce: Protecting Vulnerable Workers – Bilingual safety training is important. With increasing numbers of Hispanic workers in the United States, sometimes in hazardous jobs, experts are expressing concern about the level of safety training they’re receiving. It would hardly be useful to provide safety training in English to someone with modest English comprehension, and believe that you’ve accomplished your training aims. The program should address cultural differences. E. Reducing Unsafe Acts Through Motivation: Posters, Incentive Programs, and Positive Reinforcement – have been successful at reducing workplace injuries. 1. Research Insight: Positive Reinforcement – Many employers stress positive positive reinforcement to improve safety. This segment discusses the experience of a wholesale bakery. The firm set and communicated a reasonable goal; trained the employees; then posted a graph with their pre- training safety record plotted and a list of safety rules. Observers walked through collecting safety data to provide workers with feedback on their safety performance as a form of positive reinforcement. F. Use Behavior-Based Safety – which involves identifying the worker behaviors that contribute to accidents and then training workers to avoid these behaviors. G. Use Employee Participation – There are at least two reasons to get the employees involved in designing the safety program. First, those actually doing the jobs are often management’s best source of ideas about what the potential problems are and how to solve them. Second, it is generally easier to get employees to accept and enthusiastically follow the safety program when they’ve had a hand in designing it. H. Conduct Safety and Health Audits and Inspections – on all premises for possible safety and health problems, using checklists as aids. All accidents and near misses should be investigated. A system should be in place for employees to notify management about hazardous conditions. I. Research Insight: High Performance Systems and Safety – This study found that high performance work systems, in addition to being associated with superior organizational performance, profitability and customer service, produce fewer work injuries. J. Controlling Worker's Compensation Costs can affect what a firm pays in worker compensation insurance premiums. 1. Before the Accident - Costs can be controlled before the accident by removing unsafe conditions discussed above. 2. After the Accident – Employers should provide first aid, and make sure the worker gets quick medical attention; document the accident; file required accident reports; and encourage a speedy return to work. 3. Analyzing Claims – Claims-tracking software can help employers understand what’s driving their workers’ compensation claims. ➢ NOTES Educational Materials to Use V. Workplace Health Hazards: Problems and Remedies A. The Basic Industrial Hygiene Program – First, the facility’s health and safety officers must recognize possible exposure hazards. The evaluation phase involves determining how severe the hazard is. Finally, the hazard control phase involves taking steps to eliminate or reduce the hazard so that it no longer ranks as dangerous. B. Asbestos Exposure at Work – There are four major sources of occupational respiratory diseases: asbestos, silica, lead, and carbon dioxide. Of these, asbestos has become a major concern. B. Improving Productivity Through HRIS: Internet-based Safety Improvement Solutions – Managing the Material Safety Data Sheets (MSDS) is an expensive and time-consuming task. Putting such programs on line can save time and money. Web-based safety training programs enable an employer to quickly launch a health and safety program for employees. Teaching Tip: Do an Internet search using “Correction fluid MSDS” and print out or display an actual MSDS. Students may not realize that even very common chemicals are documented. Note the precautions for ingestion. D. Infectious Diseases: The Case of SARS – With many employees traveling to and from international destinations, monitoring and controlling infectious diseases like Ebola and SARS has become an important safety issue. Obviously, employers must make provisions for ensuring that a returning employee does not inadvertently infect one or more colleagues. Employers can take a number of steps to prevent the entry or spread of infectious diseases like SARS into their workplaces. E. Alcoholism and Substance Abuse – are serious and widespread problems at work because they usually lead to declines in the quality and quantity of work. 1. Dealing With Substance Abuse – Various techniques can be used to deal with these problems, which start with testing, and include: disciplining, discharge, in-house counseling, and referral to an outside agency. .Know Your Employment Law: Workplace Substance Abuse -The federal Drug-Free Workplace Act requires employers with federal government contracts or grants to ensure a drug-free workplace by taking and certifying that they have taken a number of steps. Dealing with alcoholism and drugs at work entails legal risks because employees have sued for invasion of privacy, wrongful discharge, defamation, and illegal searches. F. Stress, Burnout, and Depression – can sometimes lead to problems such as alcoholism and drug abuse, which are problematic for the employee and employer. A variety of external environmental factors can lead to job stress. Personal factors also influence stress – no two people react to the same job in the very same way. Human consequences of stress include anxiety, depression, anger, and various physical consequences. Organizational consequences include reductions in the quantity and quality of job performance, increased absenteeism and turnover, increased grievances, and increased health care costs. Stress is not necessarily dysfunctional; it can lead some people to be more productive and/or creative. 1. Reducing Job Stress – can range from getting more sleep and eating better to negotiating with your boss for realistic deadlines on important projects to reducing the amount of trivia to which you give your attention. The three-step stress-reduction technique involves: developing awareness; adjusting attitudes; and taking action. The HR department can take a positive role in reducing stress. 2. Burnout is the total depletion of physical and mental resources caused by excessive striving to reach an unrealistic work-related goal. Some suggestions for alleviating burnout include: breaking your patterns; getting away from it all periodically; reassessing your goals in terms of their intrinsic worth; and think about your work. 3. Research Insight – One study found that burnout can be reduced by removing the stressors that caused it in the first place, but without other changes, the burnout will quickly return once the vacation is over. G. Computer-Related Health Problems – Short-term eye problems (like burning, itching, tearing, eyestrain, and eye soreness), backaches, and neck-aches are common complaints among video display operators. The National Institute for Occupational Safety and Health (NIOSH) has several recommendations for reducing these problems. H. Workplace Smoking – The Nature of the Problem is serious for employees and employers. Smokers have significantly greater risk of occupational accidents and higher absenteeism rates than nonsmokers. They increase the cost of health and fire insurance. 1. What You Can and Cannot Do – It depends on the state in which you are located, whether or not your firm is unionized, and the details of the situation. A Michigan firm gave employees warning, offered smoking cessation programs, and then fired those who still smoked, even in the privacy of their own homes. J. Violence at Work – Violence against employees has become an enormous problem at work, including homicide and robbery. 1. Heightened Security Measures – include: improve external lighting; use drop safes to minimize cash on hand, and post signs noting that only a limited amount of cash is on hand; install silent alarms and surveillance cameras; increase the number of staff on duty; provide staff training in conflict resolution and nonviolent response; close establishments during high-risk hours late at night and early in the morning; and issue weapons policy. 2. Improved Employee Screening – of potentially explosive employees and applicants by instituting a rigorous pre-employment investigation is a line of defense. 3. Workplace Violence Training – should supplement enhanced security and screening. 4. Organizational Justice – A related step is to create a workplace culture emphasizing mutual respect, justice, and civility. Of course, this is easier said than done. In general, management should emphasize by word and deed that it believes deeply in and demands civility. 5. Enhanced Attention to Employee Retention/Dismissal – to reduce the potential liability of retaining employees who subsequently commit violent acts. 6. Dismissing Violent Employees – Use caution when firing or disciplining potentially violent employees. Analyze anticipate their behavior. Have a security guard or a violence expert present when the dismissal takes place. 7. Dealing with Angry Employees – includes: making eye contact; stopping what your are doing and giving you full attention; speaking in a calm voice and creating a relaxed environment; being open and honest; letting the person have his/her say; asking for specific examples of what the person is upset about; being careful to define the problem; asking open-ended questions and exploring all sides of the issue; and listening. 8. Legal Constraints on Reducing Workplace Violence – Most states have policies that encourage the employment and rehabilitation of ex-offenders, thus limiting the use of criminal records in hiring decisions. ➢ NOTES Educational Materials to Use VI. Occupational Security and Safety, A. Basic Prerequisites for a Security Plan – Ideally, a comprehensive corporate security program should start with the following prerequisites: 1. Company philosophy and policy on crime—In particular, make sure employees understand that no crime is acceptable and that the employer has a zero tolerance policy with respect to workers who commit crimes. 2. Investigations of job applicants—Make sure to conduct a full background check as part of your selection process for every position. 3. Security awareness training—Make it clear, during training and orientation programs, that the employer takes a tough approach to workplace crime. 4. Crisis management—Establish and communicate the procedures employees should follow in the event of a terrorist threat, bomb threat, fire, or other emergency. B. Setting Up a Basic Security Plan – In simplest terms, instituting a basic security program requires four steps: analyzing the current level of risk, and then installing mechanical, natural, and organizational security systems. C. Evacuation Plans – Evacuation plans should contain several elements. These include early detection of a problem, methods for communicating the emergency externally, and communications plans for initiating an evacuation and for providing information to those the employer wants to evacuate. D. Security for Other Sources of Property Loss – Evacuation plans should contain several elements. These include early detection of a problem, methods for communicating the emergency externally, and communications plans for initiating an evacuation and for providing information to those the employer wants to evacuate. E. Company Security and Employee Privacy – Employers must consider employee privacy when using monitoring to investigate possible employee security breaches. ➢ NOTES Educational Materials to Use DISCUSSION QUESTIONS 1. Explain how to reduce the occurrence of unsafe act on the part of your employees. The text lists 10 different ways to help reduce unsafe acts. Answers should reflect at least a majority of these. To reduce unsafe acts, employers should provide comprehensive safety training, clear guidelines, and regular reminders. Additionally, fostering a safety culture where employees are encouraged to report hazards and participate in safety initiatives can further minimize risks. 2. Discuss the basic facts about OSHA – its purpose, standards, inspection, and rights and responsibilities. The purpose of OSHA is "to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources." The basic purpose of OSHA is to set safety and health standards and to ensure compliance through inspections and reporting. The standards are contained in five volumes covering general industry standards, maritime standards, construction standards, other regulations and procedures, and a field operations manual. The standards are very complete and seem to cover just about any hazard one could think of. Standards are enforced through a series of inspections and, if necessary, citations. OSHA may not conduct warrantless inspections without an employer's consent. It may inspect after acquiring a search warrant. An authorized employee representative must be given the opportunity to accompany the officer during the inspection. Employees are protected under the act from discrimination for exercising their disclosure rights. Employers are responsible for being familiar with OSHA standards and for bringing conditions into compliance. 3. Explain the supervisor's role in safety. Beyond trying to make the workplace safe, the basic aim of the supervisor is to instill in workers the desire to work safely. Then, when needed, enforce safety rules. 4. Explain what causes unsafe acts. People are the main cause of unsafe acts. Some researchers say that certain personal characteristics are the basis for behavior tendencies that result in unsafe acts. There are several human traits that contribute to accident proneness and they are listed in the chapter. There is also a list of some examples of unsafe acts. 5. Describe at least five techniques for reducing accidents. The text lists 10 techniques: 1) selection and placement; 2) posters and other propaganda; 3) training; 4) incentive programs and positive reinforcement; 5) top-management commitment; 6) emphasizing safety; 7) establishing a safety policy; 8) setting specific loss control goals; 9) conducting safety and health inspections; 10) monitoring work overload and stress. These are detailed in the chapter. 6. Analyze the legal issues concerning AIDS. Case law is only now developing, but several tentative conclusions are warranted: 1) you cannot single out any employee for AIDS testing; 2) You can require a physical exam that includes AIDS testing as a condition of employment, but you may not be able to refuse to hire someone whose test is positive; 3) Mandatory leave of someone with AIDS cannot be required unless their work performance has deteriorated. 7. Explain how you would reduce stress at work. Both environmental and personal factors can lead to job stress. If individuals are feeling dysfunctional levels of stress, the work schedule, pace of work, job security, and number or nature of clients, modifications in these factors should be made. Because personal factors influence stress, health and exercise programs can be promoted. Sometimes counseling should be offered, especially through an EAP, or a job more suitable to the individual should be found. Supervisors should monitor performance to identify symptoms of stress, and inform the employee of organizational remedies that may be available, such as job transfers or counseling. 8. Describe the steps employers can take to reduce workplace violence. Some of the steps employers can take to reduce workplace violence include: heighten security measures, improve employee screening, provide training on workplace violence, enhance attention given to employee retention and dismissal of violent employees, institute proactive measures for dealing with angry employees, and be aware of the legal constraints associated with workplace violence. DESSLER COMPANION WEB SITE We invite you to visit the Dessler homepage (http://www.prenhall.com/dessler) on the Prentice Hall Web site for the best online business support available. This site provides professors with a customized course Web site, including new communication tools, one-click navigation of chapter content, and great resources, such as Internet Resources, an HRCI Exam Prep Guide, assessment exercises, and more. INDIVIDUAL AND GROUP ACTIVITIES 1. Working individually or in groups, answer the question, "Is there such a thing as an accident- prone person?" Develop your answer using examples of actual people you know who seemed to be accident-prone on some endeavor. Yes and No. While most psychologists agree that accident proneness is not universal, most do agree that accident proneness is situational. For example, personality traits may distinguish accident-prone workers on jobs involving risk, and lack of motor skills may distinguish accident-prone workers on jobs involving coordination. Many human traits have been found to be related to accident repetition in specific situations. 2. Working individually or in groups, compile a list of the factors at work in school that create dysfunctional stress for you. What methods do you use for dealing with the stress. The students should refer to the section of the chapter on reducing job stress to compile their lists of stress factors and methods for dealing with the stress. to also find out more about some specific types of jobs in which they may have an interest. 3. The HRCI “Test Specifications” appendix at the end of this book lists the knowledge someone studying for the HRCI certification exam needs to have in each area of human resource management (such as in Strategic Management, Workforce Planning, and Human Resource Development). In groups of four to five students, do four things: (1) review that appendix now; (2) identify the material in this chapter that relates to the required knowledge the appendix lists; (3) write four multiple choice exam questions on this material that you believe would be suitable for inclusion in the HRCI exam; and (4) if time permits, have someone from your team post your team’s questions in front of the class, so the students in other teams can take each others’ exam questions. The sections of material that relate to the HRCI test would include: Occupational Safety Law, Management Commitment and Safety, What Causes Accidents, How to Prevent Accidents, Workplace Health Hazards: Problems and Remedies, and Occupational Security, Safety, and Health in a Post 9/11 World. In short, virtually the entire chapter is applicable to the test. 4. The March 2004 issue of the journal Occupational Hazards presented some information about what happens when OSHA refers criminal complaints about willful violations of OSHA standards to the U.S. Department of Justice (DOJ). Between 1982 and 2002, OSHA referred 119 fatal cases allegedly involving willful violations of OSHA to DOJ for criminal prosecution. The DOJ declined to pursue 57% of them, and some were dropped for other reasons. Of the remaining 51 cases, the DOJ settled 63% with pretrial settlements involving no prison time. So, counting acquittals, of the 119 cases OSHA referred to the DOJ, only nine resulted in prison time for at least one of the defendants. “The Department of Justice is a disgrace,” charged the founder of an organization for family members of workers killed on the job. One possible explanation for this low conviction rate is that the crime in cases like these is generally a misdemeanor, not a felony, and the DOJ generally tries to focus its attention on felony cases. Given this information, what implications do you think this has for how employers and their managers should manage their safety programs, and why do you take that position? Hopefully students will understand that it really should not have any implication as to how they should manage their safety programs. Just as was discussed in Chapter 14 on Ethics, Justice, and Fair Treatment, the legal implications should be the least of the motivations for doing what is right. Just because the penalties may not be severe is not a reason to allow unsafe conditions to exist. 5. In February 2004 a 315 foot-tall, 2-million pound erection crane collapsed on a construction site in East Toledo, Ohio, killing four ironworkers. Do you think catastrophic failures like this are avoidable? If so, what steps would you suggest the general contractor take to avoid a disaster like this? Without knowing the specifics, the likelihood is that the failure was avoidable. Most such failures are the result of someone working outside of known safety parameters, or not following (or having established) safety procedures that assure that things are done correctly. Experiential Exercise: How Safe is My University? This is a great opportunity for the students to actually use the information they have learned in the chapter to identify unsafe conditions. Application Case: The New Safety and Health Program 1. Based upon your knowledge of health and safety matters and your actual observations of operations that are similar to theirs, make a list of the potential hazardous conditions employees and others face at LearnInMotion.com. What should they do to reduce the potential severity of the top five hazards? Tripping, ergonomic, and electrical hazards top the list (with several specific items in each). There are many techniques and products available to help reduce all these hazards. Safety procedures are also needed (not working on any electrical item such as computers while they are plugged in). 2. Would it be advisable for them to set up a procedure for screening out stress-prone or accident- prone individuals? Why or why not? If so, how should they screen them? There are a number of issues here. One likely question from students is whether accident-prone behavior can change with training or incentives. In most cases, training and incentives can resolve the problem. Some students may argue that screening-out employees who are accident-prone raises ethical issues. 3. Write a short position paper on the subject, “What should we do to get all our employees to behave more safely at work?” The paper should include insights gained from this paper and/or work experiences they have. Look for reasonableness and the likelihood of adoption in real life. 4. Based on what you know and on what other dot-coms are doing, write a short position paper on the subject, “What can we do to reduce the potential problems of stress and burnout in our company?” The long hours and high pressure need to be reduced, or at least offset in some ways. Look for creative ways to accomplish this. Continuing Case: Carter Cleaning Company The New Safety Program 1. How should the firm go about identifying hazardous conditions that should be rectified? Use checklists such as Figures 16-6 and 12-12 to list at least 10 possible dry cleaning store hazardous conditions. Using the information provide in the case, Internet research, and their personal knowledge, the students should be able to list at least ten potential hazards in a dry cleaning store, if not more. This hazard should not be limited to chemical, but should include physical, mechanical and electrical hazards as well. EXPERIENTIAL EXERCISES & CASES 2. Would it be advisable for the firm to set up a procedure for screening out accident-prone individuals? How should they do so? There are a number of issues here. One likely question from students is whether accident-prone behavior can change with training or incentives. In most cases, training and incentives can resolve the problem. Some students may argue that screening-out employees who are accident-prone raises ethical issues. 3. How would you suggest the Carters get all employees to behave more safely at work? Also how would you advise them to get those who should be wearing goggles to do so? The student should suggest that Carter’s management contact OSHA for assistance in developing safety policies and procedures on the job, along with including suggestions discussed in the chapter. They should also make it clear that those who violate the policies will be disciplined, and then follow-up by doing it. If employees see that management is serious about it and that they will be disciplined, or even loose their jobs, they will begin to use them. Translating Strategy Into HR policies and practices case: the Hotel Paris: The New Safety and Health Program In this case, Lisa Cruz, the HR manager, finds that the hotel’s safety record compares unfavorably with the industry statistics. She is intent on developing a safety program. 1. Based on what you read in this chapter, what’s the first step The Hotel Paris should take as part of its new safety and health program, and why? According to the text, reducing unsafe conditions is always an employer’s first line of defense. Lisa should work on designing jobs to remove hazards and supervisors and managers should help identify and remove potential hazards immediately. They can then focus on other aspects of safety awareness and training. 2. List ten specific high risk areas in a typical hotel you believe Lisa and her team should look at first, including examples of the safety or health hazards they should look for there. Answers will vary. The case notes several areas, including the pool, the valet parking area, chemical storage areas. Additionally, guest areas like bathtubs will be of concern. 3. Give three specific examples of how Hotel Paris can measure the results of its safety efforts. Worker’s Compensation costs have been high, so Lisa can measure a reduction in the number of claims, or in total claim costs, lost time injuries, etc. The hotel can also measure the number and severity of violations that are found on internal safety inspections. 4. Write a one page summary addressing the topic, "How improving safety and health at the Hotel Paris will contribute to us achieving our strategic goals”. This summary should include reduced costs, employee satisfaction and safety, guest safety and health and increased revenues. KEY TERMS Occupational Safety and The law passed by congress in 1970 "to assure so far as possible every Health Act working man and woman in the nation safe and healthful working conditions and to preserve our human resources." Occupational Safety and The agency created within the Department of Labor to set safety and Health Administration health standards for almost all workers in the United States. (OSHA) occupational illness Any abnormal condition or disorder caused by exposure to environmental factors associated with employment. citation Summons informing employers and employees of the regulations and standards that have been violated in the workplace. unsafe conditions The mechanical and physical conditions that cause accidents. behavior-based safety Identifying the worker behaviors that contribute to accidents and then training workers to avoid these behaviors. burnout The total depletion of physical and mental resources caused by excessive striving to reach an unrealistic work-related goal. material safety data sheets Sheets that describe the precautions required by OSHA that employees are to take when dealing with hazardous chemicals, and what to do if problems arise. natural security Taking advantage of the facility’s natural or architectural features in order to minimize security problems. mechanical security The utilization of security systems such as locks, intrusion alarms, access control systems, and surveillance systems. organizational security Using good management to improve security. PowerPoint Presentation by Charlie Cook The University of West Alabama 1 Human Resource Management ELEVENTH EDITION G A R Y D E S S L E R Employee Safety and Health Chapter 16 Part 5 | Employee Relations 16–2 After studying this chapter, you should be able to: 1. Explain the basic facts about OSHA. 2. Explain the supervisor’s role in safety. 3. Minimize unsafe acts by employees. 4. Explain how to deal with important occupational health problems. 16–3 Occupational Safety Law • Occupational Safety and Health Act ➢The law passed by Congress in 1970 “to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources.” • Occupational Safety and Health Administration (OSHA) ➢The agency created within the Department of Labor to set safety and health standards for almost all workers in the United States. 16–4 OSHA Standards and Record Keeping • OSHA Standards ➢General industry standards, maritime standards, construction standards, other regulations and procedures, and a field operations manual. • Record Keeping ➢Employers with 11 or more employees must maintain records of, and report, occupational injuries and occupational illnesses. ➢Occupational illness ❖ Any abnormal condition or disorder caused by exposure to environmental factors associated with employment. 16–5 FIGURE 16–1 OSHA Standards Examples Source: http://www.osha.gov/pls/oshaweb/ owadisp.show_document?p_id=9720&p_table= STANDARDS. Accessed May 25, 2007. Guardrails not less than 2” × 4” or the equivalent and not less than 36” or more than 42” high, with a midrail, when required, of a 1” × 4” lumber or equivalent, and toeboards, shall be installed at all open sides on all scaffolds more than 10 feet above the ground or floor. Toeboards shall be a minimum of 4” in height. Wire mesh shall be installed in accordance with paragraph [a] (17) of this section. 16–6 FIGURE 16–2 What Accidents Must Be Reported Under the Occupational Safety and Health Act (OSHA)? 16–7 FIGURE 16–3 Form Used to Record Occupational Injuries and Illnesses Source: U.S. Department of Labor. 16–8 OSHA Inspection Priorities • Inspections of imminent danger situations. • Inspections of catastrophes, fatalities, and accidents that have already occurred. • Inspections related to valid employee complaints of alleged violation standards. • Periodic, special-emphasis inspections aimed at high-hazard industries, occupations, or substances. • Random inspections and reinspections. 16–9 Citations and Penalties • Citation ➢A summons informing employers and employees of the regulations and standards that have been violated in the workplace. • Penalties ➢Are calculated based on the gravity of the violation and usually take into consideration factors like the size of the business, the firm’s compliance history, and the employer’s good faith. 16–10 FIGURE 16–4 Ten Safety Standards OSHA Cited for Penalties Most Frequently, 2005–2006 Source: http://www.osha.gov/ pls/imis/citedstandard.sic?p_esize&p_stateFEFederal&p_sicall. Accessed May 26, 2007. 16–11 Inspection Guidelines • Initial Contact ➢Refer inspector to the company’s OSHA coordinator. ➢Check inspector’s credentials. ➢Ask inspector why he or she is inspecting the workplace: Complaint? Regular scheduled visit? Fatality or accident follow-up? Imminent danger? ➢If the inspection stems from a complaint, you are entitled to know whether the person is a current employee, though not the person’s name. ➢Notify your counsel. 16–12 Inspection Guidelines (cont’d) • Opening Conference ➢Establish focus and scope of the planned inspection. ➢Discuss procedures for protecting trade secret areas. ➢Show inspector that you have safety programs in place. He or she may not go to the work floor if paperwork is complete and up to date. 16–13 Inspection Guidelines (cont’d) • Walk-Around Inspection ➢Accompany the inspector and take detailed notes. ➢If inspector takes a photo or video, you should, too. ➢Ask for duplicates of all physical samples and copies of all test results. ➢Be helpful and cooperative, but don’t volunteer information. ➢To the extent possible, immediately correct any violation the inspector identifies. 16–14 Responsibilities and Rights of Employers • Employer Responsibilities ➢To meet the duty to provide “a workplace free from recognized hazards.” ➢To be familiar with mandatory OSHA standards. ➢To examine workplace conditions to make sure they conform to applicable standards. • Employer Rights ➢To seek advice and off-site consultation from OSHA. ➢To request and receive proper identification of the OSHA compliance officer before inspection. ➢To be advised by the compliance officer of the reason for an inspection. 16–15 Responsibilities and Rights of Employees • Employee Responsibilities ➢To comply with all applicable OSHA standards. ➢To follow all employer safety and health rules and regulations. ➢To report hazardous conditions to the supervisor. • Employee Rights ➢The right to demand safety and health on the job without fear of punishment. • OSHA cannot cite employees for violations of their responsibilities. 16–16 FIGURE 16–5 OSHA Safety Poster 16–17 Dealing with Employee Resistance • The employer is liable for any penalties that result from employees’ noncompliance with OSHA standards. ➢Ways to gain compliance ❖Bargain with the union for the right to discharge or discipline an employee who disobeys an OSHA standard. ❖Establish a formal employer-employee arbitration process for resolving OSHA-related disputes. ❖Use positive reinforcement and training for gaining employee compliance. 16–18 10 Ways To Get into Trouble with OSHA 1. Ignore or retaliate against employees who raise safety issues. 2. Antagonize or lie to OSHA during an inspection. 3. Keep inaccurate OSHA logs and have disorganized safety files. 4. Do not correct hazards OSHA has cited you for and ignore commonly cited hazards. 5. Fail to control the flow of information during and after an inspection. 6. Do not conduct a safety audit, or identify a serious hazard and do nothing about it. 7. Do not use appropriate engineering controls. 8. Do not take a systemic approach toward safety. 9. Do not enforce safety rules. 10. Ignore industrial hygiene issues. 16–19 What Causes Accidents? Chance Occurrences Employees’ Unsafe Acts Basic Causes of Accidents Unsafe Conditions 16–20 What Causes Unsafe Conditions? • Improperly guarded equipment • Defective equipment • Hazardous procedures in, on, or around machines or equipment • Unsafe storage—congestion, overloading • Improper illumination—glare, insufficient light • Improper ventilation—insufficient air change, impure air source 16–21 What Causes Accidents? (cont’d) Improperly Guarded Equipment Defective Equipment Improper Ventilation Improper Illumination Hazardous Procedures Unsafe Storage Unsafe Conditions 16–22 FIGURE 16–6 Checklist of Mechanical or Physical Accident-Causing Conditions 16–23 FIGURE 16–7 Supervisor’s Safety Checklist Source: http://www.sefsc.noaa.gov/ PDFdocs/CD574OfficeInspection ChecklistSupervisors.pdf. Accessed May 26, 2007. 16–24 FIGURE 16–7 Supervisor’s Safety Checklist (cont’d) Source: http://www.sefsc.noaa.gov/ PDFdocs/CD574OfficeInspection ChecklistSupervisors.pdf. Accessed May 26, 2007. 16–25 How to Prevent Accidents • Reduce unsafe conditions and encourage use of personal protective equipment • Emphasize safety • Select safety-minded employees • Provide safety training • Use posters, incentive programs, and positive reinforcement to motivate employees • Use behavior-based safety • Use employee participation • Conduct safety and health audits and inspections 16–26 FIGURE 16–8 Cut-Resistant Gloves Web Ad Source: Courtesy of Occupational Hazards, Penton Media, Inc. 16–27 FIGURE 16–9 Employee Safety Responsibilities Checklist Source: Reprinted from www.HR.BLR.com with permission of the publisher Business and Legal Reports, Inc., 141 Mill Rock Road East, Old Saybrook, CT © 2004. 16–28 TABLE 16–1 Reducing Unsafe Conditions and Acts: A Summary Reduce Unsafe Conditions Identify and eliminate unsafe conditions. Use administrative means, such as job rotation. Use personal protective equipment. Reduce Unsafe Acts Emphasize top management commitment. Emphasize safety. Establish a safety policy. Reduce unsafe acts through selection. Provide safety training. Use posters and other propaganda. Use positive reinforcement. Use behavior-based safety programs. Encourage worker participation. Conduct safety and health inspections regularly. 16–29 Controlling Workers’ Compensation Costs • Before the Accident ➢Communicate written safety and substance abuse policies to workers and then strictly enforce policies. • After the Accident ➢Be proactive in providing first aid, and make sure the worker gets quick medical attention. ➢Make it clear that you are interested in the injured worker and his or her fears and questions. ➢Document the accident; file required reports. ➢Encourage a speedy return to work. 16–30 Workplace Exposure Hazards • Chemicals and other hazardous materials. • Excessive noise and vibrations. • Temperature extremes. • Biohazards, including those that are normally occurring and man-made. • Ergonomic hazards of poorly designed equipment that forces workers to do jobs while contorted in unnatural positions. • Slippery floors and blocked passageways. 16–31 Workplace Health Hazards: Remedies • The Basic Industrial Hygiene Program ➢Recognition: identification of a possible hazard ➢Evaluation: assessing the severity of the hazard ➢Control: elimination or reduction of the hazard • Workplace Hazards ➢Material Safety Data Sheets ➢Asbestos Exposure ➢Infectious Diseases ➢Alcoholism and Substance Abuse 16–32 Substance Abuse: Supervisor Training • If an employee appears to be under the influence of drugs or alcohol: ➢Ask how the employee feels and look for signs of impairment such as slurred speech. ➢Send an employee judged unfit for duty home. ➢Make a written record of your observations and follow up each incident. ➢Inform workers of the number of warnings the company will tolerate before requiring termination. ➢Refer troubled employees to the company’s employee assistance program. 16–33 TABLE 16–2 OSHA Substance-Specific Health Standards Substance Permissible Exposure Limits Asbestos .1001 Vinyl chloride .1017 Inorganic arsenic .1018 Lead .1025 Cadmium .1027 Benzene .1028 Coke oven emissions .1029 Cotton dust .1043 1,2-Dibromo-3-chloropropane .1044 Acrylonitrile .1045 Ethylene oxide .1047 Formaldehyde .1048 4,4-Methylene-dianaline .1050 Methylene chloride .1051 Source: John F. Rekus, “If You Thought Air Sampling Was Too Difficult to Handle, This Guide Can Help You Tackle Routine Sampling with Confidence, Part I,” Occupational Hazards, May 2003, p. 43. 16–34 TABLE 16–3 Behavior Patterns Indicating Possible Alcohol-Related Problems Note: Based on content analysis of files of recovering alcoholics in five organizations. From Managing and Employing the Handicapped: The Untapped Potential, by Gopal C. Patl and John I. Adkins Jr., with Clenn Morrison (Lake Forest, IL: Brace-Park, Human Resource Press, 1981). Source: Gopal C. Patl and John I. Adkins Jr., “The Employer’s Role in Alcoholism Assistance,” Personnel Journal 62, no. 7 (July 1983), p. 570. Recent evidence supports these earlier studies. See for example, http://pubs.niaaa.nih.gov/publications/aa44.htm, http://www.nmsu.edu/~personel/ dahandbook/albob.html, and http://www.usda.gov/da/pdsd/Security%20Guide/Eap/Alcohol.htm#Warning%20Signs. All accessed May 26, 2007. Stage Absenteeism General Behavior Job Performance I Early Tardiness Quits early Absence from work situations (“I drink to relieve tension”) Complaints from fellow employees for not doing his or her share Overreaction Complaints of not “feeling well” Makes untrue statements Misses deadlines Commits errors (frequently) Lower job efficiency Criticism from the boss II Middle Frequent days off for vague or implausible reasons (“I feel guilty about sneaking drinks”; “I have tremors”) Does not return from lunch (“I don’t feel like eating”; “I don’t want to talk about it”; “I like to drink alone”) Marked changes Undependable statements Avoids fellow employees Borrows money from fellow employees Exaggerates work accomplishments Frequent hospitalization Minor injuries on the job (repeatedly) Financial difficulties (garnishments, and so on) More frequent hospitalization Resignation: Does not want to discuss problems Problems with the laws in the community General deterioration Cannot concentrate Occasional lapses of memory Warning from boss III Late Frequent days off; several days at a time Aggressive and belligerent behavior Domestic problems interfere with work Far below expectation Punitive disciplinary action IV Approaching Terminal Stage Prolonged unpredictable absences (“My job interferes with my drinking”) Drinking on the job (probably) Completely undependable Repeated hospitalization Serious financial problems Serious family problems: divorce Uneven Generally incompetent Faces termination or hospitalization 16–35 Dealing with Substance Abuse When an Employee Tests Positive In-house Counseling Referral to an Outside Agency Discharge Disciplining 16–36 Dealing with Substance Abuse (cont’d) • Establishing and Communicating a Substance Abuse Policy ➢State management’s position on alcohol and drug abuse and on the use and possession of illegal drugs on company premises. ➢List the methods used to determine the causes of poor performance. ➢State the company’s views on rehabilitation, including workplace counseling, and specify penalties for policy violations. ➢Specify penalties for policy violations. 16–37 Reducing Job Stress: Personal • Build rewarding, pleasant, cooperative relationships. • Don’t bite off more than you can chew. • Build an effective and supportive relationship with your boss. • Negotiate with your boss for realistic deadlines on projects. • Learn as much as you can about upcoming events and get as much lead time as you can to prepare for them. • Find time every day for detachment and relaxation. • Take a walk to keep your body refreshed and alert. • Find ways to reduce unnecessary noise. • Reduce trivia in your job; delegate routine work. • Limit interruptions. • Don’t put off dealing with distasteful problems. • Make a “worry list” that includes solutions for each problem. 16–38 Reducing Job Stress: Organizational • Provide supportive supervisors. • Ensure fair treatment for all employees. • Reduce personal conflicts on the job. • Have open communication between management and employees. • Support employees’ efforts, for instance, by regularly asking how they are doing. • Ensure effective job–person fit, since a mistake can trigger stress. • Give employees more control over their jobs. • Provide employee assistance programs, including professional counseling. 16–39 Burnout • Burnout ➢The total depletion of physical and mental resources caused by excessive striving to reach an unrealistic work-related goal. • Recovering from burnout: ➢Break the usual patterns to achieve a more well- rounded life. ➢Get away from it all periodically to think alone. ➢Reassess goals in terms of their intrinsic worth and attainability. ➢Think about work: could the job be done without being so intense. 16–40 Other Safety and Health Issues • Computer-Related Health Problems ➢Cumulative motion disorders • Workplace Smoking ➢Costs ❖ Higher health and fire insurance costs ❖ Increased absenteeism ❖ Reduced productivity ❖ Second hand smoke ➢Remedies ❖ Ban smoking in the workplace ❖ Do not hire smokers ❖ Fire smokers who won’t quit 16–41 Violence at Work • Steps to Reduce Workplace Violence: ➢Institute heightened security measures ➢Improve employee screening ➢Provide workplace violence training ➢Provide organizational justice ➢Pay enhanced attention to employee retention/dismissal ➢Take care when dismissing violent employees ➢Deal promptly with angry employees ➢Understand the legal constraints on reducing workplace violence 16–42 Occupational Security and Safety • Basic Prerequisites for a Security Plan 1. Company philosophy and policy on crime 2. Investigations of job applicants 3. Security awareness training 4. Crisis management • Setting Up a Basic Security Program ➢ Analyzing the current level of risk ➢ Installing natural, mechanical, and organizational security systems 16–43 FIGURE 16–10 Safety, Security, and Emergency Planning Initiatives Following Terrorist Incidents Source: Adapted from “After Sept. 11th, Safety and Security Moved to the Fore,” BNA Bulletin to Management, January 17, 2002, p. 52. Percent of Initiatives Employers (146) Safety and Security Personal protective equipment 46% New/more stringent building entry procedures 43 Restricted access to some areas 19 Closed entrances/areas 17 New/additional security personnel 12 Extended work hours for security personnel 10 New security devices (e.g., metal detectors) 10 New/more stringent applicant screening 7 Physical barriers to building entry 5 Emergency Planning and Disaster Recovery Review emergency/disaster recovery plan(s) 46 Revise emergency/disaster recovery plan(s) 32 New/revised evacuation drills 23 Form committee or task force to address emergency planning/disaster recovery 15 Develop emergency/disaster recovery plan(s) 14 Develop/revise procedures for data backup 14 Develop/revise procedures for tracking employee whereabouts 10 16–44 Evacuation Plans • Evacuation contingency plans should contain: ➢Methods for early detection of a problem. ➢Methods for communicating the emergency externally. ➢Communications plans for initiating an evacuation. ➢Communications plans for those the employer wants to evacuate that provide specific information about the emergency, and let them know what action they should take next. 16–45 Company Security and Employee Privacy • To investigate employees for potential security breaches: 1. Distribute a policy that says the firm reserves the right to inspect and search employees, their personal property, and all company property. 2. Train investigators to focus on the facts and avoid making accusations. 3. Make sure investigators know that employees can request that an employee representative be present during the interview. 4. Make sure all investigations and searches are evenhanded and nondiscriminatory. 16–46 FIGURE 16–11 Self-Inspection Safety and Health Checklist 16–47 FIGURE 16–11 Self-Inspection Safety and Health Checklist (cont’d) 16–48 FIGURE 16–11 Self-Inspection Safety and Health Checklist (cont’d) 16–49 FIGURE 16–11 Self-Inspection Safety and Health Checklist (cont’d) 16–50 K E Y T E R M S Occupational Safety and Health Act Occupational Safety and Health Administration (OSHA) occupational illness citation unsafe conditions behavior-based safety material safety data sheets (MSDS) burnout natural security mechanical security organizational security Solution Manual for Human Resource Management Gary Dessler 9780133029864, 9789353942205, 9780135226803, 9780136089964, 9780134235455, 9780130141248, 9780131746176
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