1. Chapter 14 SECTION 5 Employee Relations Safety Video Safety Awards

2.  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.

3.  Most common jobs experiencing homicide: cab drivers security guards hotel clerks convenience store clerks hospital workers

4.  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?

5. 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 (Organizational)

6. 14–6 FIGURE 14–1 Hidden Costs of Accidents

7.  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.

8.  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

11.  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.

12.  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

13. Hazard Communication Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) Blood-borne Pathogens Material Safety Data Sheets (MSDS) Lock out/tag out regulations Protection for workers exposed to blood and other substances from AIDS Hazard analysis, training, and provision of PPE to employees Cumulative Stress Disorders (CTDs) Protection from muscle and skeletal injuries from repetitive tasks Work Assignments Protection for reproductive health and refusal to perform unsafe work

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

15. Dov Zohar’s Research on Safety Climate

16. Employee Motivation and Incentives Safety Policies and Discipline Safety Committees Safety Training and Communications Employee and Workplace Safety

17. Phases of Accident Investigation

18.  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

20.  Top Security Concerns at Work: ◦ Workplace violence ◦ Internet/intranet security ◦ Business interruption/disaster recovery ◦ Fraud/white collar crime ◦ Employee selection/screening concerns

21. 14–21 First Aid/CPR Hazardous Materials Containment Disaster Escape Means Employee Contact Methods Organizational Restoration Efforts Disaster Training Topics

23. Chapter 15 SECTION 5 Employee Relations How to deal with employee complaints

24. Rights That 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 Wage Equal employment opportunity Collective bargaining Workplace safety

25. Contractual Rights Rights 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 Contract An agreement that formally outlines the details of employment. Originally for executive managers Implied Contract The idea that a contract exists between the employer and the employee based on the implied promises of the employer. Enforceable in court.

26. Non-Compete Agreements Prohibit 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.

27.  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

28.  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

29. Figure 16–2

30.  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.

31.  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

32.  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

33. 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.

34.  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.

35. Figure 16–5

36.  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.

37. Figure 16–7

38. Conducting Drug Tests Random testing of all employees at periodic intervals Testing only in cases of probable cause Testing after accidents When to Test (Conditions) Job consequences outweigh privacy concerns Accurate test procedures are available Written consent of the employee is obtained Results are treated confidentially Employer has drug program, including an EAP.

39.  Discipline ◦ A form of training that enforces organizational rules.  Positive Discipline Approach 1.Counseling 2.Written Documentation 3.Final Warning (decision day-off) 4.Discharge

40.  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.

41. Termination Process Coordinate manager and HR review If 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 why Should be no surprises (e.g., don’t bring up anything new) Be prepared with notes and example only if needed Give them time to react Discuss termination benefits. Escort the employee from the building (if terminating for cause) Notify the department staff Separation agreement An agreement in which a terminated employee agrees not to sue the employer, in exchange for specified benefits.