MANA 3320 1st Edition Final Exam Study Guide Lectures 19 25 Lectures19 25 ThursdayApril 16 ThursdayMay7 CH 12 Promoting Safety and Health Facts about health o In 2009 3 6 million on the job injuries or illnesses reported in private sector o Back injuries are number 1 injury reported o In 2009 4 340 deaths occurred o Every year the numbers of injuries deaths have declined since OSHA passed except 2006 Increased due to mishandling of dangerous materials OSHA o Occupational Safety and Hazard Act passed in 1970 o Division of the Department of Labor o Set out to reduce the number of on the job injuries and deaths o Each W 2 employee has the right to ask or initiate a workplace inspection 3 Citations and Penalties Levels from OSHA o o o 1 Other than serious A violation that has a direct relationship to job safety and health but one unlikely to cause death or serious physical harm OSHA may propose a penalty of up to 7 000 for each violation 2 Serious A violation where there is substantial probability that death or serious physical harm could result and the employer knew or should have known of the hazard OSHA may propose a mandatory penalty of up to 7000 for each violation 3 Willful A violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law Amendments to OSHA in the 1980s o If a company gets a willful violation and it results in a death of an employee then the company could get fined severely o Corporate manager could get fined 250 000 and put in prison o Companies can deny OSHA inspectors coming in to inspect the property unless the inspector has a warrant 5 major health issues OSHA focuses on o o o 1 Chemical hazards Has to skull crossbones on each container that has hazardous or fatal materials 10 of all deaths in the workplace are due to this 2 Computer workstation issues Caused ergonomics to redesign equipment Visual difficulties Muscular aches and pains Job stress 3 Cumulative trauma disorders o o Carpal tunnel syndrome 4 Blood borne pathogens Extremely important in the medical community AIDS 5 Smoking and tobacco smoke OSHA may propose penalties of up to 70 000 for each violation Nothing in OSHA regulations about smoking tobacco smoke 4 sources of stress in the workplace o 1 High demand o Deadlines 2 Sustained high effort Expending too much mental physical effort to get your job done over a long period of time o 3 Little control over jobs o 4 Little rewards Little feedback Little to no recognition for jobs well done Building better physical and emotional health among employees o Wellness and weight issues o Job stress and burnout o Depression o Alcoholism o Drug abuse CH 13 Employee Rights and Discipline Facts about Employee Rights o No federal or state law for right to privacy in the workplace o 24 of terminations 1 out of 4 are for improper usage of computers and internet in the workplace today Property rights in term of jobs o Permanent job security o Federal judges and tenured professors in US have guaranteed job security Can be fired if convicted of a felony or declared mentally ill Employment at Will principle o The right of an employer to fire an employer without giving a reason and the right of an employee to quit when he or she chooses unless barred by law or court decision o In 1908 supreme court upheld employment at will in Adair v US o Montana does not uphold this they have Just Cause Law which states you can only terminate for job related reasons Limitations on Employment at Will o Union collective bargaining agreements o Federal and state laws court decisions and administrative rulings o Fear of firing Sabine Pilot vs Hauck o Public policy exception to employment at will in Texas o Sued for wrongful discharge TX whistleblowing act o Only applies to government employees Facts about Termination o Approx 2 million employees are terminated every year Termination can include Constructive discharge An employee voluntarily terminates his or her employment because of harsh unreasonable employment conditions placed on the individual by the employer Employers cannot accomplish covertly what they are prohibited by law from achieving overtly Courts have generally adopted a reasonable person standard for upholding constructive discharge claims Another example is when people are forced to put resignations instead of firings The WARN Act Workers Adjustment Retraining and Notification Act o Requires organizations with more than 100 employees to give employees and their communities sixty days notice of any closure or layoff affecting fifty or more full time employees 250 000 2 10 are terminated for arbitrary reasons Illegal employee dismissals o Death moving fired resigned retired layoffs etc Terminated employees must be notified individually in writing o The act allows several exemptions including unforeseeable circumstances o Penalty is Private Right Cause of Action Privacy Rights o Employee privacy vs Employer Obligations Substance abuse and drug testing Safety sensitive jobs o 5 industries that can have drug tests at any time as many times as they wish o 1 Gov t jobs o 2 Transportation o 3 Police fire o 4 Pharmaceutical companies o 5 Private security companies Drug free workplace act 1988 requires employers to o Issue a policy statement prohibiting drug usage o Inform employees about the dangers of drugs o List options available for drug counseling o Notify the federal contracting agency of employees convicted of drug related criminal offense Searches and monitoring Employees must submit to drug tests when reasonable suspicion for a drug test exists and the employer s testing procedures are also reasonable 24 of terminations 1 out of 4 are for improper usage of computers and internet in the workplace today Email and voicemail 4 Maximum offenses for Companies o o 1 Theft Falsification of time cards Expense reports Products 2 Violence Employees fighting in a company owned parking lot o 3 Destruction of property o 4 Insubordination o o Employees generally have The right to know of the existence of one s personnel file The right to inspect one s own personnel file The right to correct inaccurate data in the file Employers can Restrict access to information that could violate the privacy of others Limit the employee to copies of documents that he or she has signed Require that HR personnel or a supervisor be present while the employee views the document Conduct outside the workplace o Exceptions to