1. Managing a Safe and Healthy Workplace
Chapter 10
Managing a Safe and Healthy Workplace

2. Learning Objectives
After completing this chapter, you should be able to:
• Explain what managers can do to maintain a zero-tolerance sexual harassment policy and explain responsibilities regarding nonsexual types of harassment in the workplace.
• Review the procedures for ensuring the rights of employees who are pregnant or disabled, and younger workers.

3. Learning Objectives continued:
After completing this chapter, you should be able to:
• Indicate how the Occupational Safety and Health Administration (OSHA) impacts restaurant and foodservice operations, and explain procedures for establishing and maintaining OSHA–mandated programs and participating in OSHA investigations.
• Identify the compliance posters that operations are required to post.
• Describe the procedures for preventing workplace violence.

4. Learning Objectives continued:
After completing this chapter, you should be able to:
• Describe the procedures for developing emergency management programs.
• Explain the basic procedures for balancing food safety, employee rights, and the law.
• Provide an overview of employee assistance and employee wellness programs.

5. The Need for a Safe and Healthy Workplace

6. Sexual Harassment Two Types of Sexual Harassment
Sexual Harassment Policies
Preventing a Hostile Environment
Addressing Harassment Claims

7. Other Forms of Harassment

8. Ensuring Employees’ Rights
Rights of Employees Who Are Pregnant
Rights of Employees Who Are Disabled
Rights of Younger Workers

9. Occupational Safety and Health Administration (OSHA)
Bloodborne Pathogens Standard
Hazard Communication Standard

12. OSHA Investigations
Compliance Posters

13. Preventing Workplace Violence

14. Emergency Management Programs
Basics of Emergency Management Plans
Fires
Bomb Scares
Other Emergencies

15. Balancing Food Safety, Employee Rights, and the Law
Guidelines
Communicable Diseases

17. Employee Assistance and Wellness Programs
Employee Assistance Programs
Employee Wellness Programs
Planning Wellness Programs
Implementing Wellness Programs
Evaluating Wellness Programs

18. 1. Explain what managers can do to maintain a zero-tolerance sexual harassment policy and explain responsibilities regarding nonsexual types of harassment in the workplace.
Managers must protect employees from sexual harassment.
Quid pro quo harassment occurs when someone expects a sexual action as a condition of employment, continued employment, or advancement.
Hostile environment harassment occurs when the work atmosphere is sexually demeaning or intimidating.
Operations should have a zero-tolerance policy against sexual harassment.
Managers should help employees understand what sexual harassment is.
They should also encourage open communication, set a good example, and address signs of harassment.

19. 1. Explain what managers can do to maintain a zero-tolerance sexual harassment policy and explain responsibilities regarding nonsexual types of harassment in the workplace continued…
An alleged victim should report the complaint initially to his or her direct supervisor unless that person is the subject of the complaint.
All claims should be thoroughly investigated in accordance with any laws and company policy.
Employees should not discuss the situation with others and, if possible, the manager should change the work schedule so the parties do not work together.
A third person should always witness discussions between the manager and the accused employee.
Nonsexual harassment involves unwelcomed conduct based on race, color, religion, pregnancy, national origin, age, disability, or genetic information.

20. 1. Explain what managers can do to maintain a zero-tolerance sexual harassment policy and explain responsibilities regarding nonsexual types of harassment in the workplace continued…
An employer will be liable for harassment by a supervisor unless he or she can prove that reasonable effort was made to prevent and promptly correct the behavior or the employee unreasonably failed to take advantage of preventive or corrective opportunities provided.

21. 2. Review the procedures for ensuring the rights of employees who are pregnant or disabled, and younger workers.
The Pregnancy Discrimination Act prohibits employers from discriminating against women on the basis of pregnancy, childbirth, or related conditions.
Managers must treat an employee who is temporarily unable to perform her job due to pregnancy the same as any other employee with a temporary disability.
The employee may be eligible for time off under the Family and Medical Leave Act.
The Americans with Disabilities Act forbids discrimination against anyone in the workplace because of a disability.
Employees are considered disabled if they have a physical or mental impairment that limits one or more major life activities, if they have a record of impairment, or if they may be regarded as having an impairment.

22. 2. Review the procedures for ensuring the rights of employees who are pregnant or disabled, and younger workers continued…
Minors younger than 18 are more likely than older workers to be injured on the job.
There are specific requirements about work tasks that can be performed by 16- and 17-year-old workers, and requirements are even stricter for employees who are 14 and 15.

23. 3. Indicate how the Occupational Safety and Health Administration (OSHA) impacts restaurant and foodservice operations, and explain procedures for establishing and maintaining OSHA mandated programs and participating in OSHA investigations.
OSHA’s role is to ensure safe working conditions and prevent injuries.
The bloodborne pathogens standard states what employers must do to protect workers who come in contact with potentially infectious materials.
It requires an exposure plan, training, and the use of personal protective equipment.
OSHA’s hazard communication standard protects employees from physical hazards and health hazards from exposure to chemicals.
Employers must communicate information found on material safety data sheets (MSDSs).
Managers must maintain records based on detailed guidelines to remain in compliance.

24. 3. Indicate how the Occupational Safety and Health Administration (OSHA) impacts restaurant and foodservice operations, and explain procedures for establishing and maintaining OSHA mandated programs and participating in OSHA investigations continued…
The first step is to determine the manager who will be the HAZCOM coordinator.
Then a written plan must be developed to implement the OSHA regulations.
A list of chemicals used should be identified, and a decision should be made about whether the MSDS program will be managed in- house or outsourced.
Employees should be trained about the safe use of chemicals, and MSDSs should be kept current for the chemicals used.
Managers must participate in investigations by OSHA compliance officers.
Doing so involves document review and knowledge of what should and should not be done during the investigation.

25. 3. Indicate how the Occupational Safety and Health Administration (OSHA) impacts restaurant and foodservice operations, and explain procedures for establishing and maintaining OSHA mandated programs and participating in OSHA investigations continued…
The manager should check the OSHA compliance officer’s identification, provide meeting space and requested documents, and offer access to employees for interviews.
He or she should also retain copies of all information provided and cooperate with any follow-up visits.

26. 4. Identify the compliance posters that operations are required to post.
Managers should determine which posters are required.
Some operations retain a service to determine and update posters as necessary.
The required posters are available from the applicable government agency.
Alternatively, private organizations print combination posters that include all necessary information in a single poster.
Posters should be posted in accordance with legal requirements in common areas such as on bulletin boards and in break rooms.

27. 5. Describe the procedures for preventing workplace violence.
Managers should establish a zero-tolerance policy toward violence or threats.
This policy should be known by all employees, and claims should be investigated and remedied promptly.
Managers should learn how to recognize, avoid, and defuse potentially violent situations.
They can do so by attending personal safety training programs, encouraging employees to report all incidents, and offering debriefing sessions including counseling for a violent incident.

28. 6. Describe the procedures for developing emergency management programs.
Managers and teams must plan and prepare for emergencies.
A written plan is preferred and elements should include procedures for reporting, for evacuation, and for employees who remain to complete critical operations before they evacuate.
Employers must maintain an employee alarm system, designate and train employees to assist in evacuation, and review emergency action plans.
Common emergencies include fires, bomb scares, severe winds, floods, and earthquakes.
Employees should be trained about the procedures for each to help protect themselves and customers.

29. 7. Explain the basic procedures for balancing food safety, employee rights, and the law.
It is legal and appropriate to express concern when an employee indicates he or she is ill or has a disability.
Managers should develop policies that can be applied consistently to all staff members.
They should maintain the confidentiality of employees who disclose health information.
They should also understand and apply requirements of the Americans with Disabilities Act (ADA) when making decisions about HIV, AIDS, hepatitis B and C, and tuberculosis.

30. 8. Provide an overview of employee assistance and employee wellness programs.
Employee assistance programs may be recommended to an employee if problems with anger, drugs, drinking, or something else impacts their job performance.
Employees in operations with organized programs can seek help through an employee assistance program (EAP).
Managers in other operations can refer employees to an external counseling service.
Employee wellness programs are designed to improve employee health and productivity and reduce medical expenses.
These programs may address nutrition, mental health, chronic disease prevention, workplace environment, and other concerns.
An employee committee can conduct a needs assessment to identify interest and needs, learn about common health problems, discover how the workplace environment affects healthy lifestyles, and consider program goals.

31. Small organizations typically contract with an outside provider.
8. Provide an overview of employee assistance and employee wellness programs continued…
Large employers often use their health insurance provider or another agency, or they may hire a staff coordinator.
Small organizations typically contract with an outside provider.
Wellness programs should be evaluated to learn how they can be improved and whether goals have been achieved.

32. Key Terms:
Bloodborne pathogens standard A requirement of what employers must do to protect workers who can reasonably be anticipated to come into contact with blood or other potentially infectious materials (OPIM) as a result of doing their jobs.
Cardiopulmonary resuscitation (CPR) A technique that involves breathing into the mouth and pressing on the chest to help a person who has stopped breathing, and whose heart may have stopped beating, to stay alive.
Designated first-aid provider An employee who is trained and appointed to provide first aid but whose main work does not already include this responsibility.
Employee wellness program A program that involves improving employee health and productivity and reducing medical expenses for the employer and employee.

33. Key Terms continued:
Hazard Communication Standard (HCS) A standard designed to protect employees from physical hazards such as explosions and health hazards such as medical conditions caused by exposure to chemicals, also known as Right-to-Know or HAZCOM.
Material safety data sheet (MSDS) A document that provides information about the chemical content of a material, instructions for its safe use and handling, and other safety-related matters.
Quid pro quo Harassment that occurs when one person asks for, either expressly or implied, sexual favors from another person as a condition of that person’s employment or advancement or to prevent a tangible
employment detriment.
Workplace violence Violence or the threat of violence against workers.

34. Chapter Images

35. Chapter Images continued