Health, Safety and Privacy in the Workplace OSHA Worker’s Compensation Polygraph Protection Act Electronic Communications Privacy Act

OSHA Occupational Safety and Health Act The act assigns OSHA two principle functions: 1. Setting standards 2. Conducting workplace inspections

OSHA (purpose) n The general purpose of the ACT is to ensure that employers furnish a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees

OSHA Standards similar across industries n 1. Access to medical and exposure records (e.g. exposure to toxic substances) n 2. Personal Protective Equipment –requires that the employer provide (at no cost to the employee) with certain protective equipment (helmets in construction, hearing protection, etc..) n 3. Hazard Communication –appropriate labels, placards, etc.. n 4. Recordkeeping –if over 10 employees, employer must maintain safety records (work related illness and injury)

Worker’s Compensation n If you are injured on the job--or suffer a work related illness or disease that prevents you from working, you are eligible to receive benefits (replacement income, free medical care) from your state worker’s compensation program n In most states, employers (with more than 3-5 employees) are required to purchase state funded worker’s compensation insurance (some large employers can self insure) n rates are based on risk –premiums for park workers are higher than for executives n An injury must be work related but does not have to have a specific date of onset (e.g. carpal tunnel syndrome) or occur on company premises (company social function). n FAQs FAQs

Whistleblower Protection Employee protection provisions a clause in many acts n Clean Air Act n Energy Reorganization Act n Safe Drinking Water Act n Solid Waste Disposal Act n Toxic Substances Control Act n OSH Act n Provide protection from discharge or other discriminatory actions by employers in retaliation for employee’s good faith complaints about safety and health hazards in the workplace. (Covers all private employers)

Polygraph Protection Act n Applies to most private employers (not Gov’t) –prohibits the use of lie detectors for pre- employment screening or during the course of employment exemptions (security service firms, pharmaceuticals…or if a person is reasonably suspected of embezzlement or theft)

Electronic Communications Privacy Act n Still exploring the degree to which and voice mail are affected as the law took effect in 1986 before these were commonplace –In general, it is legal for employers to monitor business- related telephone calls and to and from their business and from their own premises (for example to evaluate customer service) If your agency has a policy of privacy abide by it –Some states require that both the employee and client know of the monitoring –If a call is being monitored, an employer must hang up as soon as it is apparent that it is a personal call.