Chapter 14Chapter 14

SECTION 5SECTION 5EmployeeEmployee Relations Relations

Safety Video

Safety Awards

1 in 4 employees report being harassed threatened and attacked

1 million crimes committed at work each year

16% of assaults occur at work Workplace homicide victims are 80% male

however is the leading cause of occupational death among women.

Most common jobs experiencing homicide:cab driverssecurity guardshotel clerksconvenience store clerkshospital workers

Someone just got their arm cut off in a machine on the factory floor…what do you do?

Two married employees just got a divorce because the wife was committing adultery with another employee in the same work group. What should be your response?

14–5

Risk Management◦ Involves responsibilities to consider physical,

human, and financial factors to protect organizational and individual interests.

Focus of Risk Management

Health(Individual)

Safety(Physical)

Security(Organization

al)

14–6

FIGURE 14–1 Hidden Costs of Accidents

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.

Review◦ Workers’ Compensation◦ Family Medical Leave Act (FMLA)◦ Americans with Disabilities Act (ADA)

Reinstatement after injury Importance of Essential Job Functions

Three Top Reasons for Injuries in the Workplace◦ Overextending◦ Falling◦ Bodily Reaction

Occupational Safety and Health Act of 1970◦ Passed to assure safe and healthful working

conditions.◦ Applies to all organizations with at least 1 person◦ Occupational Safety and Health Administration (OSHA)

administers provisions of the Act.◦ Can engage in site visits and investigations◦ Can refuse visit without a search warrant

◦ OSHA Enforcement Standards regulate equipment and working environments: The “general duty” of employers to provide safe and

healthy working conditions. Notification and posters are required of employers to

inform employees of OSHA’s safety and health standards.

Imminent Danger- immediate concern of death or physical harm

Serious- Probability of death or serious physical harm

Other than serious- Impact health and safety, but unlikely death

De minimis- not directly related to employees health and safety (e.g., no doors on toilet stalls)

Willful and Repeated- citations for things organizations have been cited for in the past

Hazard Hazard CommunicationCommunication

Hazard Hazard CommunicationCommunication

Personal Protective Equipment (PPE)

Personal Protective Equipment (PPE)

Blood-borne Blood-borne PathogensPathogens

Blood-borne Blood-borne PathogensPathogens

Material Safety Data Sheets (MSDS)Material Safety Data Sheets (MSDS)Lock out/tag out regulationsLock out/tag out regulations

Material Safety Data Sheets (MSDS)Material Safety Data Sheets (MSDS)Lock out/tag out regulationsLock out/tag out regulations

Protection for workers exposed to blood Protection for workers exposed to blood and other substances from AIDSand other substances from AIDS

Protection for workers exposed to blood Protection for workers exposed to blood and other substances from AIDSand other substances from AIDS

Hazard analysis, training, and provision of Hazard analysis, training, and provision of PPE to employeesPPE to employees

Hazard analysis, training, and provision of Hazard analysis, training, and provision of PPE to employeesPPE to employees

Cumulative Stress Cumulative Stress Disorders (CTDs)Disorders (CTDs)

Cumulative Stress Cumulative Stress Disorders (CTDs)Disorders (CTDs)

Protection from muscle and skeletal Protection from muscle and skeletal injuries from repetitive tasksinjuries from repetitive tasks

Protection from muscle and skeletal Protection from muscle and skeletal injuries from repetitive tasksinjuries from repetitive tasks

Work AssignmentsWork AssignmentsWork AssignmentsWork Assignments Protection for reproductive health and Protection for reproductive health and refusal to perform unsafe workrefusal to perform unsafe work

Protection for reproductive health and Protection for reproductive health and refusal to perform unsafe workrefusal to perform unsafe work

Source: U.S. Department of Labor Statistics, What Every Employer Needs to Know About OSHA Record Keeping (Washington, DC: U.S. Government Printing Office).

Dov Zohar’s Research on Safety Climate

EmployeeMotivation

and Incentives

EmployeeMotivation

and Incentives

Safety Policiesand Discipline

Safety Policiesand Discipline

SafetyCommittees

SafetyCommittees

Safety Trainingand

Communications

Safety Trainingand

Communications

Employee and Employee and WorkplaceWorkplace

SafetySafety

Employee and Employee and WorkplaceWorkplace

SafetySafety

Phases of Accident Investigation

Substance abuse◦ Use of illicit substances or misuse of controlled

substances, alcohol, or other drugs.◦ Covered under the ADA

Types of Drug Tests◦ Urinalysis

Least Expensive Can Produce False Positives (rare) One of the most intrusive

◦ Radioimmunoassay of hair◦ Fitness-for-duty tests◦ Employees rights to privacy- discussed later

Top Security Concerns at Work:◦ Workplace violence

◦ Internet/intranet security

◦ Business interruption/disaster recovery

◦ Fraud/white collar crime

◦ Employee selection/screening concerns

14–21

First Aid/CPR

Hazardous Materials Containment

Disaster Escape Means

Employee Contact Methods

Organizational Restoration Efforts

Disaster Training Topics

Chapter 15Chapter 15

SECTION 5SECTION 5EmployeeEmployee Relations Relations

How to deal with employee complaints

RightsThat which belongs 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.Minimum WageEqual employment opportunityCollective bargainingWorkplace safety

Contractual RightsRights based on a specific contract between employer

and employee.Can be spelled out formally in written employment

contracts or implied in employee handbooks and published policies..

Employment ContractAn agreement that formally outlines the details of

employment.Originally for executive managers

Implied ContractThe idea that a contract exists between the employer

and the employee based on the implied promises of the employer. Enforceable in court.

Non-Compete AgreementsProhibit individuals who quit from competing with

an employer in the same line of business for a specified period of time.Non-piracy agreements bar former employees

from soliciting business from former customers and clients for a specified period of time.

Non-solicitation of current employees agreements prevent a former employee encouraging former co-workers to join a different company, often a competitor.

Intellectual property and trade secrets prevent former employees from revealing key competitive information.

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.

Horace Gay Wood◦ “Master and Servant” treatise- 1877

Described Employment At Will Cited Court Cases Stated it was accepted by courts Completely falsified

1887 - McCullough Iron Co. v. Carpenter◦ -One of first cases to cite Wood’s treatise stating “[Wood’s treatise]

is an American authority of high repute” Union Represented employees are not EAW employees

Wrongful Discharge◦ Termination of an individual’s employment for

reasons that are illegal or improper (covenant of good faith and good dealing). Fortune v. National Cash Register Violation of covenant of good faith and fair dealing

Exceptions to EAW◦ Public Policy◦ Employment Contracts (Express / Implied

Contracts)◦ Good Faith

Figure 16–2

Constructive Discharge◦ An employer deliberately makes working

conditions intolerable for an employee in an attempt to get (to force) that employee to resign or quit.

Just Cause◦ Reasonable justification for taking an

employment-related action.

Due Process◦ The means used for individuals to explain and

defend their actions against charges or discipline.◦ Unionized due process based on grievance

procedures Distributive Justice

◦ Perceived fairness in the distribution of outcomes. Procedural Justice

◦ Perceived fairness of the process used to make decision about employees.

The issue of transparency

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:◦ Access to personal information held by

employer

◦ Response to unfavorable information in records

◦ Correction of erroneous information

◦ Notification when information is given to a third party

15–33

Body Appearance

An employer can place legitimate job-related

limits on an employee’s personal at-work

appearance such as tattoos and body

piercings.

Off-Duty Behavior

An employer can discipline an employee if

the employee’s off-the-job behavior puts the

company in legal or financial jeopardy.

Electronic Communications Policy Elements◦ Voice mail, e-mail, and computer files are provided by the

employer and are for business use only.

◦ Use of these media for personal reasons is restricted and subject to employer review.

◦ All computer passwords and codes must be available to the employer.

◦ The employer reserves the right to monitor or search any of the media, without notice, for business purposes.

Figure 16–5

Drug-Free Workplace Act of 1988◦ Requires government contractors to take steps to

eliminate employee drug use. Failure to do so can lead to contract termination.

◦ Tobacco and alcohol do not qualify as controlled substances under the act, and off-the-job drug use is not included.

◦ U.S. Department of Transportation (DOT) requires regular testing of truck and bus drivers, train crews, mass-transit employees, airline pilots and mechanics, pipeline workers, and licensed sailors.

Figure 16–7

Conducting Drug TestsRandom testing of all employees at periodic

intervalsTesting only in cases of probable causeTesting after accidents

When to Test (Conditions)Job consequences outweigh privacy

concernsAccurate test procedures are availableWritten consent of the employee is obtainedResults are treated confidentiallyEmployer has drug program, including an EAP.

C:\Documents and Settings\James Avey\My

Discipline◦ A form of training that enforces organizational

rules.Positive Discipline Approach1. Counseling2. Written Documentation3. Final Warning (decision day-off)4. Discharge

Good discipline (or a rule) is like a hot stove in that:◦ It provides a warning (feels hot)◦ It is consistent (burns every time)◦ It is immediate (burns now)◦ It is impersonal (burns all alike)

No discriminator of persons No discriminator of levels

This philosophy is very theory X. However, the legal environment does not tolerate an individualized approach.

Termination ProcessCoordinate manager and HR reviewIf layoffs, do not announce until all affected people have been

notified. Move swift and cut deep. Select a neutral and private location (e.g. No e-mail even if

virtual)Conduct the termination meeting

If for cause on a Friday If layoffs without a WARN or two week notice, midweek (to find new

job)Clearly tell employee they are being terminated and whyShould be no surprises (e.g., don’t bring up anything new)Be prepared with notes and example only if neededGive them time to reactDiscuss termination benefits.Escort the employee from the building (if terminating for cause)Notify the department staff

Separation agreementAn agreement in which a terminated employee agrees not to

sue the employer, in exchange for specified benefits.