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Chapter 10. Employee Health and Safety. Legal Aspects of Employee Protection. Occupation Safety and Health Act. OSHA : Short for the Occupational Safety and Health Administration, the agency responsible for enforcing the Occupational Safety and Health Act.

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legal aspects of employee protection
Legal Aspects of Employee Protection

Occupation Safety and Health Act

  • OSHA: Short for the Occupational Safety and Health Administration, the agency responsible for enforcing the Occupational Safety and Health Act.
  • The Act established, for the first time, a nationwide, federal program to protect almost the entire work force from job-related death, injury and illness.
legal aspects of employee protection3
Legal Aspects of Employee Protection

Occupation Safety and Health Act

OSHA’s "Right-To-Know" law includes three major areas:

  • Locating, Inventorying, and Tracking Potentially Hazardous Chemicals.
  • Identifying, Labeling and Providing Information About Potentially Hazardous Chemicals
  • Training/Educating Employees
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Legal Aspects of Employee Protection

Occupation Safety and Health Act

  • Major areas of OSHA mandated recordkeeping related to the hospitality industry include:
    • Log and summary of all recordable injuries and illnesses
    • Personal Protective Equipment - Assessment & Training
    • Control of Hazardous Energy
    • Hazard Communication Standards
    • Emergency Action Plans and Fire Prevention Plans
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Legal Aspects of Employee Protection

Civil Rights Act of 1964 re: Harassment

  • Employees can face a variety of harassment:
    • Bullying
    • Psychological harassment
    • Racial harassment
    • Religious harassment
    • Stalking
    • Sexual harassment
  • Zero tolerance: A policy that permits no amount of leniency regarding harassing behavior.
employee health
Employee Health

Worksite Health

  • HR managers should:
    • Provide Sufficient Quantities of Fresh Air
    • Provide a smoke-free environment
    • Keep air ducts clean and dry
    • Maintain effective equipment inspection programs
    • Monitor Repetitive Movement Injuries
      • Carpal tunnel syndrome: Nerve damage resulting in a burning, tingling, or itching numbness in the palm of the hand and the fingers, especially the thumb and the index and middle fingers
    • Monitor stress levels
    • Pay attention to worker complaints
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Employee Health

Worksite Health

  • Employee Assistance Programs (EAPs)
  • Wellness programs: An employer sponsored initiative designed to promote the good health of employees.
employee safety and security
Employee Safety and Security
  • Safety: Freedom from the conditions that cause personal harm.
  • Security: Freedom from fear and anxiety related to personal harm.
  • Crisis: A situation that has the potential to affect negatively the health, safety or security of employees.
employee safety and security9
Employee Safety and Security

Employee Safety Programs

  • Simplified Safety Management System:

Step 1. Recognition of the safety threat

Step 2. Program development in response to threat

Step 3. Program implementation

Step 4. Program evaluation

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Employee Safety and Security

Crisis Management Programs

  • Pre-Crisis Planning
    • Emergency plan: The specific actions to be taken by managers and staff in response to a crisis. Pre-crisis Planning
    • Evacuation plan: The specific actions to be taken by managers and staff when vacating a building in response to a crisis.
employee safety and security11
Employee Safety and Security

Crisis Management Programs

  • Emergency Plan Practice
    • Post-traumatic stress disorder (PTSD): A severe reaction to an event that caused a threat to an individual’s physical or emotional health.
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Employee Safety and Security

Zero Tolerance Harassment Programs

Hostile work environment: A workplace infused with intimidation, ridicule, and insult that is severe or pervasive enough to create a seriously uncomfortable or abusive working environment with conduct severe enough to create a work environment that a reasonable person would find intimidating.

employee safety and security13
Employee Safety and Security

Zero Tolerance Harassment Programs

Quid Pro Quo (sexual harassment): Literally “something for something.”

Harassment that occurs when a supervisor behaves in a way or demands actions from an employee that forces the employee to decide between giving in to sexual demands or losing their job, losing job benefits or promotion, or otherwise suffering negative consequences.

employee safety and security14
Employee Safety and Security

Zero Tolerance Harassment Programs

  • To help prevent harassment, HR managers should:
    • Understand what is and isn't a "hostile work environment”
    • Understand the company policy
    • Understand the impact on unions
    • Understand the effect of speech
    • Understand proper investigations
    • Understand Personal Liability
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Employee Safety and Security

Zero Tolerance Harassment Programs

“When, exactly, does the language used or action displayed constitute harassment?”

Reasonable person (standard): The typical, or average person (and their behavior and beliefs) placed in a specific environmental setting.

employee safety and security16
Employee Safety and Security

Preventing Workplace Violence

Workplace violence: Any act in which a person is abused, threatened, intimidated or assaulted in his or her place of employment.

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Threatening Behavior

Verbal Threats

Implicit: A threatening act that is implied rather than expressly stated.

Explicit: A threatening act that is fully and clearly expressed or demonstrated; leaving nothing merely implied.

Employee Safety and Security

Preventing Workplace Violence

Workplace violence includes:

  • Written Threats
  • Harassing activities
  • Verbal abuse
  • Physical attacks
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Steps to protect workers from violence:

Install bulletproof glass and limited access barriers.

Install video surveillance, alarm systems, and door detectors.

Increase lighting.

Trim back bushes and shrubs that provide hiding places.

Locate drive-thru windows within the same building as the restaurant, rather than in the parking lot by itself.

Implement effective alcohol server training programs.

Train room attendants to keep guest room doors open when cleaning.

Minimize the amount of cash available to cashiers.

Employee Safety and Security

Preventing Workplace Violence

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An effective workplace violence policy will detail:

What specific behaviors management considers inappropriate and unacceptable in the workplace

What employees should do when incidents covered by the policy occur

Who should be contacted when reporting workplace violence incidents

That threats or assaults that require immediate attention should be reported to the property’s security department or directly to the police at 911.

Employee Safety and Security

Preventing Workplace Violence