Workplace Legal Framework

Discuss in Detail the origins, responsibilities, requirements on the part of employers, etc. with reference to the Occupational Sefety and Health Administration (OSHA)

The Occupational Health & Safety Act was introduced in 1979 and provides organizations with a legal framework to deal with workplace health and safety issues. The Act deals with the rights and responsibilities of work parties, and provides services to assist organizations in maintaining health standards to prevent workplace accidents. Under this act, the government also conducts research studies, gathers statistics on occupational accidents, and develops educational programs to encourage occupational health and safety.

Employers have an obligation to provide safe working conditions. Workplace safety and risk management specialists from the HR area manage compliance with U.S. Occupational Safety and Health Administration regulations through maintaining accurate work logs and records, and developing programs that reduce the number of workplace injuries and fatalities. Workplace safety specialists also engage employees in promoting awareness and safe handling of dangerous equipment and hazardous chemicals.

Often, when the conflict happens, it is more volatile and more debilitating to the organization than it was initially. An open conflict or interpersonal disagreement festers just below the surface in the work environment. It comes up to the surface whenever enabled, and always at the worst possible instant.

The human resources process has to accompany both the employee and employer in regard to safety issues. An employee wants the assurance of safe and healthy working conditions; anything less exposes danger to their own wellbeing. In addition employees must take heed to precautions design by the organization. However an employer wants to avoid expenditures in overhead by cutting cost or corners often putting their employees at harmful risk. In addition, organizations also have a lawful obligation in which they have to provide a safe workplace by preventing accidents, hazards, serious injuries or accident-related deaths. Negligence on either behalf can result in determination, fines, citations, work-related

The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the

The Occupational Safety and Health Administration, or OSHA, has set in place rules for safety such as the use of personal protective equipment, lockout/tagout procedures, and hazard communication. The U.S. Equal Employment Opportunity Commission has set in place regulations to regulate the relationship between employer and employee so as to guard against discrimination and such like issues. The job description of the human resource team is a lot larger than just the hiring and firing of individuals. It involves a lot of motivation and determination on their part so as to keep within the laws and regulations set by national organizations.

Developing a plan of action to defuse an individual immediately upon hearing about the violent behaviors. Zero Tolerance policy is key in prohibiting any kind of violence or threat and to advise termination for any acts of violence. Employees need to be notified of the policy and employers should make sure that they review the policy and sign to acknowledge it. Training should also be implemented in order to teach supervisors and employees in detection, reporting, and prevention of workplace violence. “It is important to instill a sense of responsibility in employees for preventing violence, and teach them to recognize the signs of potential or actual violence and to take appropriate action such as defusing or reporting it” (http://www.americanbar.org/content/dam/aba/administrative/labor_law/meetings/2008/ac2008/056.authcheckdam.pdf). Threat assessment team is another option in decreasing workplace violence by including an individual from human resources, security, EEO, decision-makers management, and unions. The team evaluates the risk of an individual, implement a confidential reporting center for complaints of workplace violence, and encourage employees to report incidents.

Safety is an important function of our daily lives and requires the same attention we give other functions and processes within our daily job routines. Over the years as we continue to do our jobs and the same processes we can become less safe by using short cuts to make a process easier for ourselves. Also, the equipment we use begins to age and breakdown and cause unsafe conditions. Safety professionals use many different types of safety programs to combat safety related issues or problems one may encounter on a job site. Employee involvement is the most important part of any safety program. Without employee involvement safety programs are not as successful, because employees are sometimes not aware of the process and steps in place to protect them.

This responsibility motivates the HR department and managers to implement stringent policies to prevent work-related injuries to avoid paying for higher workers’ compensation insurance. Moreover, it inspires the company to promote safety by organizing a safety committee to address hazards in the workplace to prevent injuries or deaths. The committee solicits employee suggestions and participation to increase compliance to company policies. It also develops various safety programs to promote employee wellness to improve their quality of life (Gomez-Mejia, et al, 2010).

This chapter begins with perspectives on work-related risks—both the avoidable and the unavoidable. The legal backdrop includes the watershed Occupational Health and Safety Act of 1970, embodying a national policy to reduce or prevent occupational harms, and laws designed to compensate those who suffer them. In the final section we explore the twenty-first-century global dimensions of workplace health and safety. Throughout, we pay particular attention those who are most vulnerable.

Accidents in the workplace is a serious issue, and you pay dearly if an employee is injured or killed due to an unsafe or dangerous working environment, especially when it's caused by company negligence. You and your management team must understand the laws surrounding the safety of the workplace, and put education training in place for "what if" situations that protects your employees and

The employer also has to comply with all standards, rules, and regulations that are set forth by OSHA and the OSH Act. Employers are required to inspect the workplace to insure they are up to OSHA standards. Insure that employees are only using safe tools and equipment that are in their proper condition. It should be easy for the employees to be aware of potential hazards by the employer posting signs, using color codes, labels, or signs to convey warning. Employees must be trained in a language that they understand. Operating procedures must be in place and properly communicated to the employees to assure the employees follow safety and health standards. Employers that house or use hazardous chemicals will be required to have hazardous communication program and for that all the employees to be trained on exposure and precautions. Employers are to fund medical exams if required by OSHA standards. The OSHA poster must placed in a prominent location at the workplace. Records need to be kept of work-related injuries and illnesses. The log of these injuries and illnesses need to made available on February 1st for three months. Assure employees have access to medical and exposure records. Provide a workplace free of discrimination. OSHA citations must be posted at or near the work area where the infraction occurred. The citation must be in place for three working days or until the

It is important it have a written work Health and Safety Policy for the organizations and businesses which have management systems. The Work Health and Safety Regulation 2011 addresses Major Hazard Facilities in Regulation 558 and Schedule 17(1.2) and requires that the Safety Management System includes a Safety Policy, including the operator’s broad aims in relation to the safe operation of the major hazard facility, and that the safety policy must include and express commitment to ongoing improvement of all aspects of the safety management system. A Work Health and Safety Policy is an explicit statement of business commitment to work health and safety. It will include a statement outlining the importance which is placed on work health and safety and how it is to be implemented.

Workplace violence is a serious and growing issue in society. Employers need to develop intervention strategies to decrease reduce violence in the workplace. Also, employers and employees need to be aware of the signs when people exhibit behaviors that can lead to workplace violence. As a society, the issue needs to be acknowledged of the reality and work together for creating a solution. Lastly, employers and employees must not live in fear of addressing concerns if they see the potential for workplace violence or report when they witness or experience workplace violence.