Impact of the LawCHAPTER OVERVIEW This chapter introduces the legislation that regulates safety and health in the workplace.The Occupational Safety and Health Act of 1970 sets up government toconduct research regarding occupational health and safety, set health and safety standards, inspect workplaces, and penalize employers that do not meet standards.The supervisor must be familiar with the kinds of practices required to preserve health and safety in their department. They also must keep formal records of occupational injuries and illnesses, and be sure that employees have information about chemical hazards, as required by OSHAs right-to-know rule.Hazards in the workplace may be physical, chemical, biological, or stress-inducing. Safety hazards include personal behavior and unsafe conditions of the physical environment.Some of the common safety and health concerns of employers include cigarette smoke, abuse of alcohol and other drugs, extended use of video display terminals, repetitive-motion disorders, and AIDS. Employers are taking actions to control these conditions because they are costly to the organization and reduce employee morale when they are left unattended. Rules and policies enforced by employers include limiting smoking in the workplace, rotating employees on tasks that increase risk of injury,applying ergonomics to the design of jobs and workstations, andtraining employees.Benefits to organizations from well-designed and executed safety and health programs are reduced number and severity of work-related injuries and illness that cut associated costs. In addition, concern for employees safety and health motivates employees, reduces turnover, and avoids the pain and suffering of employees.A safety and health program is effective when it minimizes the likelihood that people will be injured or ill as a result of conditions in the workplace. This is most likely when all levels of management demonstrate a strong commitment to the program. The supervisor is responsible for seeing to it that employees understand and follow safety precautions. The supervisor should encourage employees to participate in promoting safety and health conditions. Finally, the supervisor should set a good example by following safe practices.Another type of conflict is experienced by an organization during a union organization drive and collective bargaining. There are laws that direct the supervisors and other managers behavior during this time. In general, supervisors may not threaten employees about forming or joining a union, and may not promise rewards for working against the union. During collective bargaining, the supervisor provides management with information that will help them bargain.When employees believe the organization, or, more likely, the supervisor, has violated the union contract, they may file a grievance. The supervisor should work with the union steward to resolve problems rather than letting them escalate. The supervisor should try to avoid grievances by giving employees a chance to be heard and trying to resolve conflicts.Supervisors play an important role in preventing strikes. Fair treatment and effective communications minimize the chances that employees will want to go on strike. If a strike does occur, the supervisor should carefully observe what is occurring and encourage employees to go back to work.When an employee charges a member of the organization with sexual harassment, a supervisor must take the problem seriously, without exception. He or she must see that the complain is investigated properly and avoid expressing an opinion or imposing an interpretation on the situation. A supervisor should work with the human resources department to identify a prompt and firm response to charges that are proven true. In many cases, sexual harassment can be prevented through training and greater awareness of different points of view between men and women.Basic Purpose of the OSHAct Occupational Safety and Health Act of 1970 (OSHAct): The federal law that sets up government agencies to conduct research regarding occupational health and safety, set health and safety standards, inspect workplaces, and penalize employers that do not meet standards.Occupational Safety and Health Administration (OSHA): The agency of the federal government charged with setting and enforcing standards for workplace health and safety.National Institute for Occupational Safety and Health (NIOSH): The agency of the federal government responsible for conducting research related to workplace safety and health.Many organizations recognize the value of safeguarding the health and well-being of employees, but unfortunately, this has not always been the case. As a result, the government stepped in to regulate safety and health in the workplace.The most far-reaching law regulating workplace safety and health is the Occupational Safety and Health Act of 1970 (OSHAct). The OSHAct sets up government agencies to conduct research regarding occupational health and safety, set health and safety standards, inspect workplaces, and penalize employers that do not meet standards.The OSHAct established two government agencies to see that employers carry out its provisions. The Occupational Safety and Health Administration (OSHA), a part of the U.S. Department of Labor, is the government agency charged with setting and enforcing standards for workplace health and safety. OSHAs inspectors may visit companies but must show a search warrant before conducting an inspection. They also operate free, onsite consultations through which independent consultants evaluate the organizations work practices, environmental hazards, and health and safety programs.The National Institute of Occupational Safety and Health (NIOSH) is the government agency responsible for conducting research related to workplace safety and health. It is a part of the Department of Health and Human Services. NIOSH provides OSHA with information necessary for setting standards.While supervisors cannot be expected to be familiar with all of the regulations, they do need to understand what kinds of practices are required to preserve health and safety in their department. OSHAct imposes some specific responsibilities that apply to supervisors. Supervisors are required to keep records of occupational injuries and illnesses. Incidents must be recorded on OSHA forms within six working days after learning of the injury or illness. Supervisors may also have to accompany OSHA officials when they conduct an inspection at the organization.Because chemical hazards are widespread in the modern workplace, OSHA has issued a right-to-know rule requiring that employees be informed about the chemicals used where they work. Information about the chemicals must be available and workers informed about how they can protect themselves against those hazards. The information must include labels on containers of chemicals and hazardous materials and on Material Safety Data Sheets (MSDSs). The supervisor should make certain that this information is available for all chemicals brought into, used in, and produced at the workplace.Basic Categories of Health and Safety Hazards Health hazards: Conditions in the work environment that may gradually hurt the health of the people there.Safety hazards: Conditions in the workplace that may lead to an injury-causing accident.Health hazards may be physical, chemical, biological, or stress-inducing.In general, they are conditions in the work environment that may gradually hurt the health of the people there.a. Physical health hazards include noise, vibration, radiation, temperature extremes, and furniture and equipment that are not properly designed for the users comfort.b. Chemical hazards may be present in dusts, fumes, and gases. They include chemicals that are carcinogenic (cause cancer), such as asbestos, coal dust, lead, and benzene.c. Biological hazards include bacteria, fungi, and insects associated with risks to peoples health.d. Stressful working conditions also may harm the health of employees. Examples include work that requires employees to take risks, please an unpredictable boss, or witness a lot of suffering.A safety hazard is a condition in the workplace that may lead to an injury-causing accident.Common types of injuries include cuts, broken bones, burns, and electric shocks. Safety hazards typically arise from personal behavior or conditions of the physical environment. The supervisor must see to it that safe operating procedures are followed by all employees.Personal safety behavior refers to practices that result in injuries in the workplace. An example is failure to use proper safety equipment or follow correct procedures. Fatigue, personal problems, or preoccupation with other issues may make certain individuals more prone to accidents.Hazardous working conditions also can lead to accidents. Problems to watch for include a messy work environment, electrical cords laying where people might trip over them, poor lighting, and a lack of protective devices on machinery. When the supervisor observes unsafe working conditions, he or she should remove the hazard if possible, guard the hazard if it cant be removed, warn of the hazard with a sign if it cant be guarded, and notify the proper authority if you cant remove or guard the hazard on your own.Back and neck injuries account for one-fifth of all workplace injuries. Ways to prevent back injuries include designing the job to minimize injuries, training employees to use lifting techniques and devices, reducing the size or weight of objects to be lifted, and making sure that workers assigned to do a job are strong enough to do it safely. Sitting is the position that puts the most strain on the back, so chairs should be comfortable and there should be opportunities to stand up and move around.Common Safety and Health Concerns Video display terminal (VDT): The screen on which a computer displays information.Virtual Reality: A three-dimensional computer-generated environment that gives the user a sensation of being part of that environment.Repetitive-motion disorders: Injuries that result from repeatedly applying force to the same muscles or joints.Ergonomics: The science concerned with the human characteristics that need to be considered in designing tasks and equipment so that people will work most effectively and safely.AIDS (Acquired immune deficiency syndrome): The incurable and fatal illness that is caused by the HIV virus.Several common concerns about safety and health in the workplace are especially significant because they are widely occurring, or at least widely discussed.Included are smoking, alcoholism and drug abuse,the use of video display terminals, repetitive-motion disorders, and AIDS.a.Smoking. An estimated 22 to 27 percent of all U.S. workers smoke cigarettes. Smoking has been associated with cancer, heart disease, and lung diseases such as emphysema. People who smoke may be more vulnerable to the effects of other hazards than people who dont smoke. Even nonsmokers can suffer some of the ill effects of smoking when they are exposed to secondhand smoke.As a result of the consequences of cigarette smoking, many organizations have restricted the amount of smoking allowed in the workplace. In many locations, the restrictions are also required by state or local law. Supervisors can help minimize the effects of smoking in the workplace by enforcing the organizations restrictions.b. Alcoholism and drug abuse. Alcoholism and drug abuse are serious problems in the workplace. People who are under the influence are more likely to be involved in accidents. Part of the supervisors role in promoting safety involves counseling and disciplining employees with these problems.c. Use of Video Display Terminals (VDTs). A VDT is the sheen on which a computer displays information. Users of VDTs have complained that working with or near these screens causes a variety of health problems. The most common complaints have involved eyestrain, muscle soreness, and pregnancy problems.Employees who use VDTs should take rest breaks. One way to provide breaks is to rotate assignments so that employees spend only part of the day working with a VDT. Those who are concerned about radiation should sit at least two feet from any part of the sheen, install radiation shields on their computer, oruse only the low-emission VDTs now on the market.d. Repetitive-motion disorders. Repeatedly applying force to the same muscles or joints can result in injuries, known as repetitive-motion disorders. These disorders have come to account for half of all occupational illnesses in the United States. Carpal tunnel syndrome, which involves pain in the wrist and fingers, is a common complaint among those who type at a keyboard all day. Several measures can be taken to prevent these disorders, such as designing jobs and workstations to allow for rests, using adjustable furniture, and avoiding awkward movements and bad posture.Ergonomics is the science concerned with the human characteristics that need to be considered in designing tasks and equipment so that people will work most effectively and safely. While supervisors need not be experts in ergonomics, they can cultivate an awareness of these issues. Supervisors should encourage employees who are in pain to seek medical attention right away, and never work through pain as this may aggravate an existing injury.AIDS. Although other illnesses are more widespread, probably the most feared is the acquired immune deficiency syndrome (AIDS), caused by the HIV virus. Although it is not highly contagious, it is incurable.The HIV virus is transmitted through the exchange of body fluids, as can occur through sexual activity, blood transfusions, sharing contaminated hypodermic needles, or between an infected mother and a fetus. It is not transmitted by touching an infected person and sharing a drinking fountain or rest room.In most work settings, the major concern with regard to AIDS is how to treat employees who are carrying the HIV virus or who have AIDS. Fairness and federal antidiscrimination laws both dictate treating these employees in the same way as anyone else with a disability.When an employee has AIDS, the supervisor also must confront the fears that other employees are likely to have about working with that employee. Supervisors, with help from the human resources department, may need to educate the other employees about AIDS and how it is transmitted. They must also protect the confidentiality of a person who is infected. If an employee who is infected is having trouble coping, the supervisor may wish to refer them to the organizations employee-assistance program, if one exists. Many employers have instituted formal programs to promote the safety and health of employees. The program may include such activities as training, safety meetings, posters, awards for safe performance, and the use of a safety and health committee. Some organizations have extended their safety and health programs to cover off-duty conduct by employees that contributes to health problems. At some organizations, employees with specified unhealthy conditions, such as being overweight or being smokers, must pay more for health insurance, while at others employees have financial incentives to practice healthy habits. The rationale for offering such programs is that they may reduce the health insurance premiums borne by employers.Workplace Safety and Health Programs By reducing the number and severity of work-related injuries and illnesses, safety and health programs can cut organizations costs in a number of areas. These include health and workers compensation insurance, defense of lawsuits, repair or replacement of equipment damaged in accidents, and wages paid for lost time. In addition, safety and health programs can motivate employees, reduce turnover, and avoid pain and suffering among employees and their families. Finally, an organization that is a safe and healthy place to work is more likely to enjoy good relations with the government and community and should have an easier time recruiting desirable employees.Basically, a safety and health program is effective when it succeeds in minimizing the likelihood that people will be injured or ill as a result of conditions in the workplace. It is most likely to be effective when all levels of management demonstrate a strong commitment to the program. Employees need training in awareness and practices of safe workplace activities. Organizations should also have a system for identifying and correcting hazards before they do damage.It is up to the supervisor to see that employees know and follow safety precautions. Unfortunately, it often takes a serious injury before some supervisors appreciate why they must enforce safety rules and procedures. Supervisors often fail to realize they have a responsibility to maintain a safe work environment.Training is a way to make sure employees understand and follow all procedures designed to maintain safety and health. New employees must be well trained in how to do their job safely, and more experienced need training when they take on new responsibilities or when the organization introduces new procedures, materials, or machinery. All employees need reminders about safe practices. OSHA requires that companies with more than 10 employees display the safety and health poster with information about employees rights and responsibilities under the OSHAct.Supervisors of shift workers need to provide additional guidance in safe practices. Because of their overall lifestyle working nights or rotating shifts, they must make an extra effort to get enough quality sleep to be alert during their work hours.Supervisors should see that the health and safety committee or the appropriate individual investigates such complaints. Any hazardous conditions should be corrected immediately. When the supervisor observes a violation of health and safety guidelines, he or she should respond immediately and consistently. Failure to react is a signal to employees that the guidelines are not really important.Fatigue, boredom, and dissatisfaction can make a person accident-prone. Efforts to combat these problems include improving the quality of work life or seeking ways to make jobs more interesting and satisfying. Bright lighting also will help employees stay alert at night.If the supervisor wants employees to behave in a certain way, the supervisor must set a good example. He or she should use tools properly, follow good housekeeping practices, and turn off or lock out power equipment when repairing it.A well-designed and executed safety and health program will benefit the supervisor and employees. However, supervisors cannot expect employees to naturally take the necessary precautions to ensure their health and safety. When employees are provided safety training during orientation, they are put on notice that specific safety behaviors are expected from the first day on the job.When an organization does not have a formal health and safety program, often the thing that necessitates such a program is a serious injury, or a near miss. Examples are numerous. The company truck is backed into the loading dock and nobody bothers to block the wheels. The truck moves away from the dock when the forklift drives onto the truck. This “accident” has been documented at many companies. A machine is improperly wired by someone who lacks the proper electrical skills and later an employee is shocked, or worse. Failure to wear safety glasses or hearing protection results in the loss of sight or hearing. Chairs that do not provide proper support result in employees having chronic back problems or carpal tunnel syndrome. All of these examples can result in costly medical treatment and lawsuits. This is an area where an ounce of prevention is worth pounds of cure.An effective safety and health program would include safety and health rules that prevent all of the above problems. For example, health and safety rules would include: All trucks in the loading area must have their wheels choked (a wedge-shaped block placed against wheels) to keep them from moving. All machine maintenance or repair must be done by a certified repair person. All employees and visitors are required to wear eye and ear protection in designated areas. All employees are required to use chairs and stools of proper height and design for the job.Union Organization Drive and Collective Bargaining Wagner Act: Federal law intended to define and protect the rights of workers and employers, encourage collective bargaining, and eliminate unfair labor practices.Labor Relations: Managements role in working constructively with unions that represent the organizations employees.Collective Bargaining: The process of seeking to reach a contract spelling out the rights and duties of unionized workers and their employer.Collective bargaining takes place when a union is voted in to represent an employee group. The resulting contract is for a specified period. Collective bargaining is used again to negotiate a new contract at the end of this period.Mediator or Conciliator: A neutral person who helps opposing parties reach agreement.A mediator suggests solutions, or moderates the discussions between the opposing parties. Suggestions are not binding. Unions represent groups of employees within organizations. Often we think of unions representing line or production workers, but unions also represent middle managers and professional groups in some organizations. Once a union is selected and confirmed to represent a group of employees, it becomes the sole bargaining unit of the group. That means that the group has agreed to act as one rather than as individuals in part of their relationship with respect to management.Employees organize unions in an attempt to balance the power of owners or management and improve working conditions. Effective labor relations is an important part of managing conflict in unionized organizations.If unions represent the organizations operative employees and managers represent the owners, it is not surprising that unions and management often have conflicting views. Both parties benefit from a healthy organization, but they differ on how to achieve the organizations well being, and how rewards and responsibilities should be divided.One of the times the inherent conflicts come to the surface is during a union organization drive to become the representative of the operative employees. Management typically resists such efforts, based on the belief that a union will interfere with managers ability to make decisions in the best interest of the company. The union, in turn, tries to persuade employees that management has never had their interests at heart and that they will be better-off if they can bargain collectively with management. Although managers generally want to keep unions from organizing their employees, it is important to note that federal law says supervisors and other managers may not restrain employees from forming or joining a union.Supervisors are allowed to state their views about unions, but they may not threaten employees with punishment for forming or joining a union. Supervisors may not promise rewards for working against the union. It is also unlawful for a union to try to pressure employees into joining. If supervisors are unsure of their role or responsibility in a union drive, or if they think the union is violating the law, they should talk to the human resources department.Conflicts again tend to surface when management and union are engaged in collective bargaining. Typically, bargaining begins with the union and management setting forth their demands. Since the two parties usually differ on what is acceptable, they then discuss how to resolve the major areas of conflict. If they need help in resolving the conflict, they may call in a mediator, or conciliator, a neutral person who helps the two sides reach agreement. Supervisors seldom have a direct role in collective bargaining, but they may be asked to provide information to management. This is another reason to keep good records concerning employees.A typical labor contract contains such provisions as guidelines for union membership, procedures for handling grievances, regular and overtime pay, benefits such as vacations and holidays, work hours, and agreements concerning safety and health. The supervisor must abide by the terms of this contract, so he or she must be familiar with it. If a supervisor does something that is forbidden in the contract, it may lead to a grievance by the employees. If the employees ignore a violation, it may be interpreted as an agreement to change the contract. The supervisor can minimize conflict by treating all employees fairly and consistently.Working with a Union Steward Union Steward: An employee who is the unions representative in a particular work unit.In matters of the items covered in the labor contract, the steward is the representative of employees to the organization. The supervisor will often discuss employee concerns with the steward.Grievance: A formal complaint that the terms of a labor contract have been violated.The labor contract contains guidelines for working conditions and such things as wage scales and paid time off. It also includes steps for resolving violations of the contract. Both the union and the organization are obligated to follow the steps.Arbitrator: A neutral person who reaches a decision on how to resolve a conflict; both parties must adhere to the decision.Arbitrators are people who know a great deal about labor relations. They may have been a union representative or labor relations professional. They listen to both sides of the conflict They also are familiar with labor laws and National Labor Relations Board decisions. They act like a judge or jury in labor disputes.Part of the supervisors job under a labor contract is to maintain a good relationship with the union steward. Employees go to the union steward with their contract-related questions and complaints. To minimize conflict and to resolve problems that do arise, the supervisor needs to cooperate with the union steward.It may be useful to think of the union steward as a peer. Treat him or her with respect and keep him or her informed of problems and upcoming changes. Many disputes or conflicts can be handled by the supervisor and steward, rather than subjecting the organization and its employees to the cost and stress of an ongoing dispute.A formal complaint or grievance may be filed by employees who believe they have been treated unfairly. Typically, an employee starts by telling the union steward of grievances. Most of the time, the steward, supervisor, and employee are able to resolve the problem. If not, higher-level managers and a union representative meet to look for a solution. If they cant reach an agreement, the parties might agree to bring in an outside arbitrator. Both parties, management and the union (and employee) must adhere to the terms set by the arbitrator.The supervisors role in labor relations is to make sure that employees have a chance to be heard. When a grievance is filed, the supervisor should take it seriously. This means gathering complete information and trying to resolve the problem as quickly as possible. Conflicts that are allowed to continue are likely to seem more significant to both parties.Supervisors also need to follow procedures or contract guidelines for discipline. Often a supervisor puts up with an employee, and then when the employee has a particularly bad day, fires him or her. The union may claim that the employee was discharged without just cause, and that the employer failed to give corrective discipline and warnings so that the employee could correct the problem. If the procedures and documentation are not apparent, the employee is likely to win the grievance.Strike: Refusal by employees to work until there is a contract.Wildcat Strike: Refusal by employees to work during the term of a labor contract.When the union and management are unable to reach an agreement during collective bargaining, the employees may vote to go on a strike. That means they leave their labs and refuse to come back until there is a contract. If employees walk off the job during the term of a contract, it is usually called a wildcat strike and is illegal. However, there are conditions under which a strike during a contract may be legal, for example, when working conditions are found to be unsafe.The supervisor has little control over whether union and management representatives reach an agreement during collective bargaining. However, he or she does have a role in minimizing the likelihood of a strike. Treating employees fairly and reasonably fosters good relations between employees and management. Good communications also enable employees to understand managements point of view and give them a chance to vent their frustrations while staying on the job. Supervisors must remember that they are management and may be the only management representative employees interact with. Employee attitudes about management can be molded by their relationship with their supervisor.Once the employees have voted to strike, there is little the supervisor can do to resolve the conflict. If the circumstances of the strike do not involve unfair labor practices by the employer, the employer may hire replacement workers. In that case, the supervisor must tackle the challenge of training and getting to know a new work force.Sexual Harassment Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other sexual conduct that interferes with work performance or creates a hostile work environment.When an employee charges a member of the organization with sexual harassment, a supervisor must take the problem seriously, without exception. He or she must see that the complaint is investigated properly and avoid expressing an opinion or imposing an interpretation on the situation. A supervisor should work with the human resources department to identify a prompt and firm response to charges that are proven true. In many cases, sexual harassment can be prevented through training and greater awareness of different points of view between men and women.