Human Resources – continued. Health and Safety Rights of Employees Rights of Employers. Example: David’s Story.
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Human Resources – continued • Health and Safety • Rights of Employees • Rights of Employers
Example: David’s Story David Ellis 18 of Burlington was removing cookie dough from an industrial mixer when the mixer started running. David was pulled into the mixer by the blades and struck his head. He was taken to the hospital where he died six days later It was David’s second day on the job. The company David was working for pleaded guilty to failing to ensure that the exposed moving parts of the mixer were guarded, contrary to Section 24 of the regulation for Industrial Establishments and Section 25(1)(a) of the Occupational Health and Safety Act. The company was fined $62,500. Two of the company’s supervisor’s also pleaded guilty to failing to ensure that the exposed moving parts of the mixer were guarded, contrary to section 27(1)(a) of the Act. The two men were co-owners and directors of the company. One was jailed for 30 days and the other fined $7500.
Activity 1 Answer these two questions: If this was you or a friend of yours, does the punishment fit the crime? Why or why not? ($70,000 in fines and one co-owner jailed for 30 days) What do you think should have been done to PREVENT the accident?
Health and Safety Businesses create and maintain a healthy and safe work because: • Federal and provincial laws require it • Sick or injured workers are still being paid • Injured employees may sue employers
Is this a workplace hazard? • A carpenter commented on the new table saw whose blades were well guarded • The same carpenter noticed that noise from the table saw makes conversation difficult • A landscaper notices that hornets have been more aggressive this year • A janitor in a hospital is worried that four of his colleagues are taking longer than normal to recover from flus • A mechanic was dizzy after the diesel generators’ fumes stopped being vented out of the room after the exhaust fan stopped working – for the third time that week. • A student working in a fast food restaurant notices that the fryer is always leaking oil • The call center sales representative wishes that her keyboard was a blue-tooth one so that her hands could be more comfortable
Hazards A workplace HAZARD is any condition, practice, or behavior that could cause injury of illness to a person, or damage to property. • Physical eg. unsafe machines and environmental hazards • Biological eg. blood, viruses, bird/animal droppings • Chemical eg. materials that are flammable, explosive, poisonous • Ergonomic eg. poor lighting, bad workstation set-up, repetitive movements
Safety • Canada Labor Code (Part II): intended to prevent injuries, accidents, disease related to employment activities • Employees have a right to: • Be informed about known or foreseeable hazards in the work place • Identify and resolve job-related problems in safety and health • Refuse dangerous work if they have reasonable cause to believe that a situation constitutes a danger
Impacts of Injured Workers • If an employee is injured, a workers’ compensation board pays the employee while they are recovering • additional medical coverage and possibly rehabilitation • Costs to employer: • Employer contributes premiums for this form of occupational insurance • If there are a high number of injuries, the government may investigate and lay charges if violations of safety rules are found • Expensive to hire and train new employees
Health • Sick or injured workers are a double penalty for employers: loss of productivity AND still being paid sick-pay • Some employers sponsor/pay for wellness programs to try and minimize such costs • Fitness Programs • Anti-smoking • Addiction treatment • Job stress • Counselling
Bangladesh: Inside a Garment Factory • Bangladesh probes garment factory fire that killed 10 (cbc.ca) • Rana Plaza collapse 1100 killed – April 2013 • November 2012, another garment factory fire where 112 people died, no fire exits (Read articles: Bangladesh Sweatshop, Bangladesh Tannery) What is wrong with this? Why does this continue to happen? Why does this not happen – normally – in Canada? Ontario? Bolton?
Rights of the Employee • Legislation exists at federal and provincial levels for employment standards in private and public sectors: • Minimum age of employment • Hours of work • Minimum wages • Overtime, holiday, vacation pay, paid public holidays • Parental leave • Individual and group terminations of employment • Recovery of unpaid wages • Provincial human rights legislation further protects workers from discrimination and harassment based on the grounds of gender, race, religion, sexual preference, physical disability, age etc • These are called PROTECTED GROUNDS. Denying a person a job or promotion based on these protected grounds is called discrimination • HARASSMENT occurs when specific people or groups are made to feel threatened or uncomfortable because of who they are.
Rights of the Employer Employers have the right to: • Decide what their employment needs are • Require that employees have job-related qualifications and/or experience • Hire, promote, and assign the most qualified person for a position • Establish standards for evaluating job performance • Require that employees adhere to clearly defined job descriptions and performance criteria • Discipline, demote, or dismiss incompetent, negligent, or insubordinate employees • Set employment terms and conditions • Establish salary and wage scales either independently or through negotiations