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CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace

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1 CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace
fundamentals of Human Resource Management 3rd edition by R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace This chapter provides an overview of the ways government bodies regulate equal employment opportunity and workplace safety and health. It introduces students to major laws affecting employers in these areas, as well as the agencies charged with enforcing those laws. The chapter also discusses ways organizations can develop practices that ensure they are in compliance with the laws.

2 What Do I Need to Know? Explain how the three branches of government regulate human resource management. Summarize the major federal laws requiring equal employment opportunity. Identify the federal agencies that enforce equal employment opportunity, and describe the role of each. After reading and discussing this chapter, you should be able to:

3 What Do I Need to Know? (continued)
Describe ways employers can avoid illegal discrimination and provide reasonable accommodation. Define sexual harassment and tell how employers can eliminate or minimize it. Explain employer’s duties under the Occupational Safety and Health Act. After reading and discussing this chapter, you should be able to:

4 What Do I Need to Know? (continued)
Describe the role of the Occupational Safety and Health Administration (OSHA). Discuss ways employers promote worker safety and health. After reading and discussing this chapter, you should be able to:

5 Test Your Knowledge Three branches of U.S. government play a role in the legal environment of HRM. The executive branch _________; the legislative branch ________; and the judicial branch _________. makes laws; issues directives; interprets laws issues directives, makes laws; interprets laws interprets laws; makes laws; issues directives Three branches of U.S. government play a role in the legal environment of HRM. The executive branch _________; the legislative branch ________; and the judicial branch _________. makes laws; issues directives; interprets laws issues directives, makes laws; interprets laws interprets laws; makes laws; issues directives Answer – B Legislative Two houses of Congress Enacted laws governing HR activities Executive Includes many regulatory agencies Enforces laws passed by Congress Executive orders are directives issued by the president. Judicial Federal court system Interprets law Holds trials

6 Regulation of Human Resource Management
LEGISLATIVE BRANCH Has enacted a number of laws governing HR activities. EXECUTIVE BRANCH Responsible for enforcing the laws. Includes the regulatory agencies that the president oversees. JUDICIAL BRANCH Interprets the law. The Supreme Court is the court of final appeal. Its decisions are binding. All three branches of the U.S. government play an important role in creating a legal environment for human resource management. Legislative Branch: consists of the two houses of Congress. It has enacted a number of laws governing human resource activities. Laws are generally developed in response to perceived societal needs. The key laws affecting HRM will be discussed later in this presentation. The Executive Branch: the president and the many regulatory agencies that the president oversees. Responsible for enforcing the laws passed by Congress. Agencies can do this by drawing up regulations detailing how to abide by the laws and by filing suit against alleged violators. In addition, the president may issue executive orders, which are directives issued solely by the president, without requiring congressional approval. Key executive orders affecting HRM will be discussed later in this presentation. Judicial Branch: The federal court system. Influences employment law by interpreting the law and holding trials concerning violations of the law. The U.S. Supreme Court is at the head of the judicial branch. It is the court of final appeal. Decisions made by the court are binding. They can be overturned only through laws passed by Congress.

7 Equal Employment Opportunity (EEO)
Equal employment opportunity – the condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin. The federal government’s efforts in this area include: constitutional amendments legislation executive orders court decisions Among the most significant efforts to regulate human resource management are those aimed at achieving equal employment opportunity (EEO). The federal government’s efforts to create EEO include: Constitutional amendments Legislation Executive orders Court decisions that interpret the law

8 Table 3.1: Summary of Major EEO Laws and Regulations
Table 3.1 summarizes major EEO laws discussed in Chapter 3 and in this presentation. These are U.S. laws. Equal employment laws in other countries may differ.

9 EEO: Constitutional Amendments
Thirteenth Amendment Fourteenth Amendment Abolished slavery in the United States. Has been applied in cases where discrimination involved the symbols and “incidents” of slavery. Forbids the states from taking life, liberty, or property without due process of law. Prevents the states from denying equal protection of discrimination. Applies to the decisions or actions of the government or private groups.

10 EEO: Legislation Equal Pay Act (1963) Civil Rights Acts (1866 & 1871)
The Civil Rights Act of 1866 granted all persons the same property rights as white citizens. The Civil Rights Act of 1871 granted all citizens the right to sue in federal court if they feel they have been deprived of some civil right. Men and women in an organization doing the same work must be paid equally. Equal is defined in terms of skill, effort, responsibility, and working conditions. Under the Equal Pay Act of 1963, pay differences are allowed if they result from differences in seniority, merit, quality or quantity of production, or any factor other than gender (such as work shift differentials).

11 EEO: Legislation (continued)
Title VII Civil Rights Act (1964) Age Discrimination in Employment Act (ADEA) Prohibits employers from discriminating based on: Race Color Religion Sex National origin Applies to organizations that employ 15 or more persons. Prohibits discrimination against workers who are over the age of 40. Age discrimination complaints make up a large percentage of the complaints filed with the Equal Employment Opportunity Commission (EEOC). Title VII is the major law regulating EEO in the United States. The law is enforced by the Equal Employment Opportunity Commission (EEOC), an agency of the Department of Justice. The ADEA was originally enacted in 1967 and has been subsequently amended. Similar to Title VII, the ADEA outlaws hiring, firing, setting compensation rates, or other employment decisions based on a person’s age being over 40.

12 Test Your Knowledge Which of the following is covered under Title VII of the Civil Rights Act? A group of Hispanic applicants claim that they were discriminated against during the hiring process. A gay man charges that he was discriminated against as reflected in his performance evaluation. A group of women claim they were denied training opportunities that their male counterparts received A group of older workers claim they were laid-off disproportionately in comparison to younger workers. Both A & C Which of the following is covered under Title VII of the Civil Rights Act? A group of Hispanic applicants claim that they were discriminated against during the hiring process. A gay man charges that he was discriminated against as reflected in his performance evaluation. A group of women claim they were denied training opportunities that their male counterparts received d. A group of older workers claim they were laid-off in disproportionately. e. Both A & C Answer – e This question can be used to make the point that federal law does not protect sexual orientation, that older workers were not part of Title VII and that even decisions about training opportunities are included in employment decisions. These also include promotions, lay-offs, etc.

13 Figure 3.1: Age Discrimination Complaints, 1991 - 2006
Figure 3.1 shows that the number of age discrimination complaints increased during the 1990’s when many firms were downsizing. Another increase in age discrimination claims accompanied the economic slowdown at the beginning of this decade.

14 EEO: Legislation (continued)
Vocational Rehabilitation Act (1973) Vietnam Era Veteran’s Readjustment Act (1974) Covered organizations must engage in affirmative action for individuals with disabilities. Employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them. Requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War. It covers veterans who served between August 5, 1964 and May 7, 1975. The Vocational Rehabilitation Act of 1973 was intended to enhance employment opportunities for individuals with disabilities. The act covers executive agencies, contractors, and subcontractors that receive more than $2,500 annually from the federal government.

15 EEO: Legislation (continued)
Pregnancy Discrimination Act (1978) Americans with Disabilities Act (ADA) of 1990 Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination. Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions. Protects individuals with disabilities from being discriminated against in the workplace. Prohibits discrimination based on disability in all employment practices. Employers must take steps to accommodate individuals covered by the act. The Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. The ADA prohibits discrimination based on disability in all employment practices.

16 Figure 3.2: Disabilities Associated with Complaints Filed under ADA
Figure 3.2 shows the types of disabilities associated with complaints filed under the ADA.

17 EEO: Legislation (continued)
Civil Rights Act (1991) Uniformed Services Employment & Reemployment Rights Act Adds compensatory and punitive damages in cases of discrimination under Title VII and the ADA. The amount of punitive damages is limited by the act and depends on the size of the organization charged with discrimination. Employers must reemploy workers who left jobs to fulfill military duties for up to five years. Should be in the job they would have held if they had not left to serve in the military. The Civil Rights Act of 1991 broadened the relief available to victims of discrimination. One major change in EEO law under CRA 1991 has been the addition of compensatory and punitive damages in cases of discrimination under Title VII and the ADA. Punitive damages are a punishment. Compensatory damages include such things as future monetary loss, emotional pain, suffering, and loss of enjoyment of life. The Uniformed Services Employment & Reemployment Rights Act (USERRA) of 1994 takes on new significance when members of the armed forces were called up following the terrorist attacks of September 2001.

18 Table 3.2: Maximum Punitive Damages Allowed Under the Civil Rights Act of 1991
Congress has limited the amount of punitive damages allowed in civil rights cases. Table 3.2 shows that the amount of damages depends on the size of the organization charged with discrimination.

19 EEO: Legislation (continued)
Executive Order 11246 Executive Order 11478 Prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin. Employers whose contracts meet minimum size requirements must engage in affirmative action. Requires the federal government to base all its employment decisions on merit and fitness. Also covers organizations doing at least $10,000 worth of business with the federal government. Executive Order was issued by President Lyndon Johnson. Covered organizations receiving more than $10,000 from the federal government must take affirmative action, and those with contracts exceeding $50,000 must develop a written affirmative action plan for each of their establishments. Executive Order was issued by President Richard Nixon. It requires the federal government to base all of its employment decisions on merit and fitness. It specifies that race, color, religion, sex, and national origin may not be considered. Along with the government, it covers all contractors and subcontractors doing at least $10,000 worth of business with the federal government.

20 Responsible for enforcing most of the EEO laws.
The Government’s Role in Providing For EEO: Equal Employment Opportunity Commission (EEOC) Responsible for enforcing most of the EEO laws. Investigates and resolves complaints about discrimination Gathers information Issues guidelines Monitors organizations’ hiring practices Complaints must be filed within 180 days of the incident. EEOC has 60 days to investigate the complaint. At a minimum equal employment opportunity requires that employers comply with EEO laws. To enforce these laws, the executive branch of the federal government uses the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Procedures (OFCCP).

21 Figure 3.3: Types of Charges Filed with the EEOC
Figure 3.3 illustrates the number of charges filed with the EEOC for different types of discrimination in 2006. Many individuals file more than one type of charge (for instance, both race discrimination and retaliation), so the total number of complaints filed with the EEOC is less than the total of the amounts in each category.

22 The Government’s Role in Providing For EEO: Office of Federal Contract Compliance Procedures (OFCCP)
Responsible for enforcing the executive orders that cover companies doing business with the federal government. Audits government contractors to ensure they are actively pursuing the goals in their affirmative action plans. If the OFCCP finds that a contractor or subcontractor is not in compliance, it has several options: It may notify the EEOC (if it has evidence of a Title VII violation). It may advise the Department of Justice to begin criminal proceedings. It may request the Secretary of Labor cancel or suspend any current contracts with the company. It may also request that the Secretary of Labor forbid the firm from bidding on any future contracts.

23 Businesses’ Role in Providing for EEO: Avoiding Discrimination
Disparate Treatment Bona Fide Occupational Qualification (BFOQ) Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status. A necessary (not merely preferred) qualification for performing a job. The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job.

24 Businesses’ Role in Providing for EEO: Avoiding Discrimination (continued)
Disparate Impact Four-Fifths Rule A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. One way employers can avoid disparate impact is to be sure that employment decisions are really based on relevant, valid measurements.

25 Figure 3.4: Applying the Four-Fifths Rule
A commonly used test of disparate impact is the four-fifths rule. This test finds evidence of discrimination if the hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. Keep in mind that this test compares rates of hiring, not numbers of employees hired. Figure 3.4 illustrates how to apply the four-fifths rule.

26 Test Your Knowledge True = A False = B
During an interview it is legal to ask only women if they have child-care needs. Hiring only men to model male underwear is legal. If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. Organizations can screen candidates using a test that reliably predicts on-the-job performance. Why should companies comply with EEO laws? Most companies recognize the importance of complying with EEO laws: Concern for fairness Avoidance of costly lawsuits True=A, False = B 1. During an interview it is legal to ask only women if they have child-care needs. Answer - False Why not? This would be considered disparate treatment because you are treating interviewees differently based on their gender. 2. Hiring only men to model male underwear is legal. Answer – True, this would be considered a BFOQ 3. If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. Answer - True Why? Because this is considered disparate impact and is defined as a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. 4. Organizations can screen candidates using a test that reliably predicts on-the-job performance. Answer – True What if the test unintentionally causes the organization to hire a disproportionate number of non-minorities? If the organization can prove that the use of the test is a business necessity because it is a valid predictor of job performance than they may be allowed to continue using it. How do you determine adverse impact? Go to next slide

27 Businesses’ Role in Providing for EEO: Avoiding Discrimination (continued)
Reasonable Accommodation: An employer’s obligation to do something to enable an otherwise qualified person to perform a job. Companies should recognize needs based on individuals’ religion or disabilities. Employers may need to make such accommodations as adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs.

28 Figure 3.5: Examples of Reasonable Accommodation under the ADA
For employees with disabilities, reasonable accommodations vary according to the individuals’ needs. As shown in Figure 3.5, employers may restructure jobs, make facilities in the workplace more accessible, modify equipment, or reassign an employee to a job that the person can perform.

29 Regina Genwright talks to a voice-activated copier at the American Foundation for the Blind. The copier has a Braille keyboard and wheelchair-accessible height. Equipment like this can help employers make reasonable accommodation for their disabled employees.

30 Businesses’ Role in Providing for EEO: Avoiding Discrimination (continued)
Sexual Harassment: refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s employment, Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Based on Title VII’s prohibition of sex discrimination, the EEOC defines sexual harassment of employees as unlawful employment discrimination. Under these guidelines, preventing sexual discrimination includes managing the workplace in a way that does not tolerate anybody’s threatening or intimidating employees through sexual behavior.

31 Businesses’ Role in Providing for EEO: Avoiding Discrimination (continued)
Organizations can prevent sexual harassment by: Developing a policy that defines and forbids it Training employees to recognize and avoid this behavior Providing a means for employees to complain and be protected

32 Test Your Knowledge A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case? No, because they were not directly discriminated against. No, because the contact was consensual. Yes, because the manager is making others feel uncomfortable. Yes, because any consensual relationship in the workplace among employees is prohibited. Answer C. Miller vs. Dept. of Corrections On July 18th, 2005 – The California Supreme Court struck a blow against the "casting couch'' Monday, ruling that an employer can be sued for sexual harassment for signaling that the way to get ahead at work is to sleep with the boss. The 6-0 ruling reinstated a suit by two former state Corrections Department employees who accused a prison warden of having affairs with at least three subordinates, giving them favored treatment, and retaliating against the two female plaintiffs when they complained. Lower courts dismissed the women's suit, saying the warden's alleged conduct may have been unfair but wasn't discriminatory. The two women were not subjected to sexual advances, were not personally treated in a sexually demeaning way and were not denied raises or promotions because of their sex, a state appeals court observed in 2003. But the state's high court said widespread "sexual favoritism'' at work may amount to sexual harassment, even when the plaintiffs haven't been personally harassed. In such an atmosphere, said Chief Justice Ronald George, "the demeaning message is conveyed to female employees that they are viewed by management as 'sexual playthings' or that the way required for women to get ahead in the workplace is by engaging in sexual conduct with their supervisors or the management.'' The ruling continues the expansion of the legal prohibition against sexual harassment, which at first was limited to a ban on demanding sexual favors as the price for workplace advancement. "This decision can and should have a major effect on how a wide variety of industries operate with regard to paramour favoritism,'' said attorney Jeffrey Winikow of the California Employment Lawyers Association, whose members represent employees. Nathan Barankin, spokesman for Attorney General Bill Lockyer, whose office represented the Corrections Department, said the ruling shows that it isn't enough for an employer to ban sexual relationships between supervisors and subordinates. "You must do more to make sure consensual sexual relationships do not create a hostile work environment,'' he said. The suit was filed in 1999 by former prison guard Edna Miller and records manager Frances Mackey, both Corrections Department employees since the 1970s who transferred to Valley State Prison for Women in Chowchilla in the mid- 1990s. Both said they soon learned that the warden, Lewis Kuykendall, was having affairs with correctional counselor Cagie Brown and at least two other subordinates. The suit said Kuykendall's lovers all got special treatment, and Brown was twice promoted over Miller to become her supervisor even though Miller had more experience and education. Kuykendall also allegedly pushed for the promotion of one of his girlfriends, a former secretary, to correctional counselor. Miller said she confronted Brown, then the associate warden, about her affair with Kuykendall in September The next day, Miller said, Brown grabbed her, pinned her against a filing cabinet and kept her from leaving the office for two hours. Miller said she complained to Kuykendall, who took no action and told her no one would believe her. The court said an internal affairs investigation in 1998 found that Kuykendall's sexual favoritism "was broadly known and resented in the workplace.'' Kuykendall retired from the department as a result of the investigation, and Brown resigned while facing disciplinary charges, the court said. Miller and Mackey said they suffered further harassment and punitive reassignments after complaining to a department investigator. Both became ill at work, blaming stress, and quit their jobs before suing. Mackey died in 2003, and her estate took over the suit.. The case is Miller vs. Department of Corrections, S

33 Workplace Safety: Occupational Safety and Health Act (OSH Act)
Authorizes the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. Established the Occupational Safety and Health Administration (OSHA). Responsible for: Inspecting employers Applying safety and health standards Levying fines for violation Like equal employment opportunity, the protection of employee safety and health is regulated by the government. The Occupational Safety and Health Act (OSH Act) of 1970 is the most comprehensive U.S. law regarding worker safety.

34 Workplace Safety: Occupational Safety and Health Act (OSH Act) (continued)
General Duty Clause Specific Duties Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. Employers must keep records of work-related injuries and illnesses. Employers must post and annual summary of these records from February 1 to April 30 in the following year.

35 Figure 3.6 Figure 3.6 shows a sample of OSHA’s Form 300A, the annual summary that must be posted, even if no injuries or illnesses occurred.

36 Employee Rights Under the OSH Act
Employees have the right to: Request an inspection. Have a representative present at an inspection. Have dangerous substances identified. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. Have employer violations posted at the work site. The OSH Act also grants specific rights to employees.

37 Enforcement of the OSH Act
OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations. OSHA regulations prohibit notifying employers of inspections in advance.

38 What’s the priority? Which of the following has FIRST priority for inspection by OSHA officials? Catastrophes and fatal accidents Employee complaints High-hazard industries Imminent danger Which of the following has FIRST priority for inspection by OSHA officials? Catastrophes and fatal accidents Employee complaints High-hazard industries Imminent danger Answer – D – Imminent danger, catastrophes that have already happened are not as high priority as inspecting situations that have a high probability of causing injury or death (i.e., imminent danger). There is an order of inspection priorities which is: Catastrophes and fatal accidents (in which three or more employees are hospitalized) Employee complaints – of unsafe/unhealthful working conditions High hazard industries Follow-up inspections

39 Figure 3.7: Rates of Occupational Injuries and Illnesses

40 Top 10 Causes of Workplace Injuries
In 2004, serious work-related injuries cost employers $48.6 billion. The leading cause was overexertion (for example, excessive lifting, pushing, carrying, or throwing), followed by falls on the same level (rather than from a height, such as a ladder), and bodily reaction (injury from movements such as bending, climbing, or slipping).

41 Job Hazard Analysis Technique Technic of Operations Review (TOR)
Employer-Sponsored Safety and Health Programs: Identifying and Communicating Job Hazards Job Hazard Analysis Technique Technic of Operations Review (TOR) Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury. Method of promoting safety by determining which specific element of a job led to a past accident. Many employers establish safety awareness programs to go beyond mere compliance with the OSH Act and attempt to instill an emphasis on safety. A safety awareness program has three primary components: Identifying and communicating job hazards Reinforcing safe practices Promoting safety internationally

42 Employer-Sponsored Safety and Health Programs (continued)
Reinforcing Safe Practices Promoting Safety Internationally Implementing a safety incentive program to reward workers for their support of and commitment to safety goals. Start by focusing on monthly or quarterly goals. Encourage suggestions for improving safety. Cultural differences make this difficult. Laws, enforcement practices, and political climates vary from country to country. Companies may operate in countries where labor standards are far less strict than in the U.S. To ensure safe behaviors, employers should not only define how to work safely but reinforce the desired behavior. Given the increasing focus on international management, organizations also need to consider how to ensure the safety of their employees regardless of the nation in which they operate.

43 Summary Human resource management is regulated by the three branches of government: Legislative branch develops and enacts laws Executive branch and its regulatory agencies implement the laws Judicial branch hears cases related to employment and interprets the law The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing most of the EEO laws. It investigates and resolves complaints, gathers information, and issues guidelines.

44 Summary (continued) The major federal laws requiring EEO:
Civil Rights Acts of 1866 and 1871 Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 Age Discrimination in Employment Act Vocational Rehabilitation Act of 1973 Vietnam Era Veteran’s Readjustment Act of 1974 Pregnancy Discrimination Act of 1978 Americans with Disabilities Act (1990)

45 Summary (continued) Executive Orders: Civil Rights Act (1991)
Uniformed Services Employment and Reemployment Act (1994) Constitutional Amendments: Thirteenth Amendment Fourteenth Amendment Executive Orders: Executive Order 11246 Executive Order 11478

46 Summary (continued) The Office of Federal Contract Compliance Procedures (OFCCP) is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government. Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact.

47 Summary (continued) Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination. To provide reasonable accommodation, companies should recognize needs based on individuals’ religion or disabilities. Organizations can prevent sexual harassment by developing a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.

48 Summary (continued) Under the Occupational Safety and Health Act, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards. The Occupational Safety and Health Administration publishes regulations and conducts inspections. Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.

49 Summary (continued) Employers may identify and communicate hazards through the job hazard analysis technique or the technic of operations review. Employers may also establish incentive programs to reward safe behavior.


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