Figure 9-1 Risk Management Components

2. Figure 9-1 Risk Management Components

3. Nature of Health, Safety, and Security • Health • A general state of physical, mental, and emotional well-being. • Safety • A condition in which the physical well-being of people is protected. • Security • The protection of employees and organizational facilities.

4. Legal Requirements for Safety and Health • Workers’ Compensation • A legally-mandated insurance fund that provides compensation to employees for work-related injuries. • Americans with Disabilities Act (ADA) • Employers returning injured employees to “light duty” work may undercut the essential functions of the job. • Child Labor Laws • Safety concerns reflected in restrictions affecting younger workers, especially those under 18 • Set the minimum age for most employment at 16 years, and for “hazardous” occupations, 18

5. Occupational Safety and Health Act • Occupational Safety and Health Act of 1970 • Passed to assure safe and healthful working conditions. • Occupational Safety and Health Administration (OSHA) administers provisions of the Act. • OSHA Enforcement Standards regulate equipment and working environments: • The “general duty” of employers to provide safe and healthy working conditions • Notification and posters required of employers to inform employees of OSHA’s safety and health standards

6. OSHA Enforcement Standards Hazard Communication Material Data Safety Sheets (MSDS)Lock out/tag out regulations Blood-borne Pathogens Protection for workers exposed to blood and other substances from AIDS Personal Protective Equipment (PPE) Hazard analysis, training, and provision of PPE to employees Voluntary Ergonomic Guidelines Protection from muscle and skeletal injuries from repetitive tasks

7. Occupational Safety And Health Act • OSHA Recordkeeping Requirements • Employers are required to maintain a detailed annual record of the various types of accidents, injuries, and fatalities. • Injury- or illness-related deaths • Lost-time or disability injuries • Medical care injuries • Minor injuries

8. Percent of Non-Fatal Workplace Injuries by Private Industry Group

10. OSHA Inspections • On-the-Spot Inspections • Compliance officers and search warrants • Critique of OSHA Inspection Efforts • Many employers have relatively small chance of being inspected • OSHA criticized for not providing enough inspectors • Small employers cannot afford to comply with complex OSHA standards and costs associated with penalties.

11. FIGURE 9.2 Approaches to Effective Safety Management

12. Safety Management Issues Organizational commitment Policies, discipline, and recordkeeping Training and communication Participation (safety committees) Inspection, investigation, and evaluation

13. Employee Health Substance Abuse Drug-Free Workplace Act of 1988 Workplace Health Issues Smoking at Work Emotional/Mental Health

14. Employee Health • Common Signs of Substance Abuse

15. Employee Health • Emotional/Mental Health • Workplace Air Quality • Smoking at Work • Health Promotion

16. Health Promotion • Health Promotion • A supportive approach of facilitating and encouraging healthy actions and lifestyles among employees. • Wellness Programs • Programs designed to maintain or improve employee health before problems arise. • Employee Assistance Program (EAP) • Program that provides counseling and other help to employees having emotional, physical, or other personal problems.

17. Security Concerns at Work • Workplace violence • Computer systems security • Employee screening and selection

18. Workplace Violence Risk Assessment Policies and Practices Management of Workplace Violence Training in Detection and Prevention

19. Profile of a Potentially Violent Employee

20. SecurityAudit Controlled Access ComputerSecurity Security Management WorkplaceSecurity

21. Figure 9-3 Disaster Planning Components

22. Employee Relations: Rights and Responsibilities Issues • Rights • Power, privileges, or interests that belong to a person by law, nature, or tradition. • Responsibilities • Obligations to perform certain tasks and duties. • Statutory Rights • Rights based on specific laws and statutes passed by federal, state, and local governments. • Equal employment opportunity • Collective bargaining • Workplace safety

23. Rights and Responsibilities Issues • Employment Contract • An agreement that formally outlines the details of employment. • Implied Contract • The idea that a contract exists between the employer and the employee based on the implied promises of the employer.

24. Rights Affecting the Employment Relationship • Employment-at-Will (EAW) • Common law doctrine that employers have the right to hire, fire, demote, or promote as they choose, unless there is a law or contract to the contrary. • Employees have the right to quit and get another job under the same constraints. • Wrongful Discharge • Termination of an individual’s employment for reasons that are improper or illegal. • Constructive Discharge • Deliberately making conditions intolerable to get an employee to quit.

25. Exceptions to Employment-at-Will Public Policy An employee can sue an employer if he or she was fired for refusing the employer’s demand to violate public policy (“break the law”). Implied Contract An employee can sue an employer if the employer’s actions or inaction constitute an implied contract of continuing employment. Good-Faith and Fair-Dealing If the employer’s unruly behavior breaks a covenant of good faith with the employee, then that employee can sue the employer.

26. Rights Affecting the Employment Relationship • Just Cause • Reasonable justification for taking employment-related action • Due Process • Requires an employer to use a fair process to determine if there has been employee wrongdoing give employee an opportunity to explain/defend his or her actions • Alternative Dispute Resolution • Process that uses a neutral third party to make a decision • Compulsory arbitration

27. Figure 9-4 Criteria for Evaluating Just Cause and Due Process

28. Balancing Employee and Employer Rights • Employees’ Free Speech Rights • Right to Privacy • Defined in legal terms for individuals as the freedom from unauthorized and unreasonable intrusion into their personal affairs. • Privacy Rights and Employee Records • Workplace Monitoring • Monitoring of e-mail and voice-mail • Substance abuse and drug testing

29. Balancing Employee and Employer Rights • HR Policies, Procedures, and Rules • Policies: general guidelines that focus organizational actions. • Rules/procedures: specific to situation • Employee Handbooks • Employee Discipline • Positive discipline approach: violations can be corrected constructively without penalty • Progressive discipline approach: incorporates steps that become progressively more stringent to change employee’s inappropriate behavior

30. Figure 9-5 Progressive Discipline Process

31. Discharge: The Final Disciplinary Step • Termination • Final stage in the disciplinary process • Both positive and progressive approaches to discipline clearly provide employees with warnings about the seriousness of their performance problems before dismissal occurs • Terminating workers because they do not keep their own promises is more likely to appear equitable and defensible to a jury.