BMB 2113 / BHB 2013 HUMAN RESOURCE MANAGEMENT TOPIC 8: EMPLOYEE DISCIPLINE AND SAFETY AND HEALTH IN THE

WORKPLACE LEARNING OBJECTIVES

At the end of this chapter, you will be able to: Understand the basic concept of employee conduct and discipline Describe misconduct as enshrined in the Employment Act 1955 Explain the approaches and procedure to disciplinary action Describe various forms of penalties for misconduct Describe the nature and role of safety and health Identify several laws related to safety and health and the basic provisions of Occupational Safety and Health Act (OSHA) 1994 Describe the characteristics of effective occupational safety and health programs Explain various other safety and health related issues in the workplace.

8.1 EMPLOYEE CONDUCT AND DISCIPLINE

In any employment relationship, problems that require corrective action will arise. Whenever the employer considers the behavior or performance of an employee to be unsatisfactory, or rather the employee has no discipline at the workplace, and is unable to persuade that person to change, the employer normally will resort to corrective action of a disciplinary nature. When we ask people what discipline is, most frequent response is that discipline means punishment. Although this answer is not incorrect, it is only one of three possible meanings. As normally define, discipline has these meanings: Treatment that punishes Orderly behavior in an organizational setting Training that molds and strengthens desirable conduct or corrects undesirable conduct and encourages development of self-control

Discipline is thus viewed as a way to correct poor employee performance rather than simply as punishment for an offence. Discipline should be seen as a method of training employees to perform better or to improve their job attitude or work behavior. When taken against employees, disciplinary action should never be thought of as punishment. Primarily, managers are involved in disciplining employees with the supervision of human resource managers. The task of disciplining employees is difficult and unpleasant for most managers and supervisors. Many have admitted that taking disciplinary action against an employee may not be easy, but it is a universal requirement and a critical aspect of good management. When disciplinary action becomes impossible to avoid, however, that action should be taken in accordance with carefully developed HR policies and practices. To be fully effective, the rules and procedures need to be accepted as reasonable both by those who are to be covered by them and by those who operate them.

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Management should therefore aim to secure the involvement of employees and all levels of management when formulating new or revising existing rules and procedures. In the light of particular circumstances in different companies and industries, trade union officials may or may not wish to participate in the formulation of the rules but they should participate fully with management in agreeing to the procedural arrangements which will apply to their members and in seeing that these arrangements are used consistently an fairly.

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8.2 TYPES OF EMPLOYEE MISCONDUCT

The Employment Act 1955 does not specify what misconduct is. It is therefore left to the management and the organization to decide what is considered to be misconduct before deciding to take any form of disciplinary action. In order to pin down what misconduct constitutes, Section 14 (1) of the Act alludes that 'an employer may, on the grounds of misconduct, inconsistent with the fulfillment of the expressed or implied terms of his contract of service, after due inquiry, dismiss the employee without notice'. The Industrial Court defines misconduct as improper behavior that violates the rules of an organization. That behavior should not be of a trifling nature, it must be intentional and the employee must be aware of the harm he is causing. We can then deduce that misconduct is the employee's act of breaching the contract of service, or the company's rules and regulations, or any form of misbehavior that warrants disciplinary action. For the purpose of expediency, Malaysian HR practitioners categorize misconducts into two, which are: 1. Minor Misconducts i. Absenteeism If the employee has been continuously absent from work for more than two consecutive working days without prior leave from his employer, he is deemed to have broken his contract (Section 15 (2) Employment Act 1955), unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence) also known as AWOL (Absence without Leave). ii. Lateness, unpunctuality iii. Careless damage of company property on a small scale. iv. Infringement of safety regulations, which does not cause damage to property or human sufferings. v. Leaving the work place for a short while without permission or sufficient cause. vi. Failure or neglect to furnish personal and family particulars as and when changes occur or in response to the request of the supervisor or Personnel. vii. Removal or defacement of notices, circulars or documents put up on the company notice boards. viii. Failure to wear uniform provided by the Company at work. ix. Smoking within the premises of the Company where smoking is prohibited. 2. Major Misconducts i. Willful insubordination or disobedience, whether or not in combination with other, of any lawful and reasonable order of his superior, or commission of any act subversive of discipline or of good behavior ii. Participation in an illegal strike or abetting, inciting, instigating or acting in furtherance thereof iii. Willful slowing own in performance of work, malingering or abetment, or instigating any others to do so or interference with the work of other employees iv. Theft, fraud or dishonesty in connection with the business or property of the Company or of the property entrusted to the Company or of another employee within the premises of the Company v. Taking or giving bribes or any illegal gratification or receiving presents in cash or kind other than from relatives and personal friends vi. Being on the Company's premises while under the influence of intoxicating rinks or dangerous drugs vii. Habitual late attendance

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viii. Breach of any law, rules, regulations or orders applicable to the Company or those listed in the Officers Handbook ix. Falsifying or destroying Company records x. Engaging in any business or trade within the premises of the Company (e.g. selling home utensils, insurance etc.) xi. Riotous, disorderly or indecent behavior, gambling, extortion or committing nuisance on the premises of the Company or at the work place in the department xii. Violence, abusing, assaulting or threatening to assault or to injure or harm other employees or supervisors within the Company xiii. Habitual negligence or neglect of work (e.g. poor typing or late submission of returns) xiv. Sleeping on duty (more serious for Guards) xv. Willful damage to work in process or to any property of the Company (forms, Manuals etc.) xvi. Interference with any safety device installed in or about the Company branch or office xvii. Possession of any lethal weapon in the Company premises xviii. Holding meetings inside the premises of the Company without previous permission of the Company xix. Distribution or exhibition of any newspapers, hand bills, pamphlets or posters on the premises of the Company or at the work place without previous permission xx. Disclosing to any unauthorized person any commercial or trade secrets, manufacturing process and knowledge or information of a confidential nature concerning the affairs of the Company without the prior permission of the Company xxi. Publishing any article, book, photograph or letter or giving any interview or broadcast or making statement to the press or delivering any lecture or speech on any matter which concerns his/her duty or the Company business or any related matter without having obtained the prior consent of the Company in writing xxii. Conviction or found guilty of any registrable criminal offence by a Magistrate's, Sessions or High Court xxiii. Furnishing, at the time of employment, wrong or incomplete information or suppressing any information regarding age, qualifications, previous service or experience, conviction in a court of law, dismissal, removal or compulsory retirement by a previous employer xxiv. Removing without proper authority Company property from the office or branch (files, secret/confidential documents whether original or photocopies whether or not such is addressed to the employee involved) xxv. Employment with any other organization or employer without the prior written consent of the Company xxvi. Driving Company vehicles without authorization or using them otherwise than for the purpose authorized xxvii. Altering uniforms or their accessories in any way without authorization xxviii. Rudeness or improper behavior to members of the public whilst on duty xxix. Making false, improper or excessive claims to the Company or making incorrect entries on attendance sheets xxx. Abetment of or attempt to commit any of the above acts of misconduct

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8.3 APPROACHES TO AND PROCEDURE FOR DISCIPLINARY ACTION

Disciplinary action invokes a penalty against an employee who fails to meet established standards. The disciplinary action process is dynamic and ongoing, and deals largely with infractions of rules. Rules and specific guides to action are created to facilitate the accomplishment of organizational goals. The do's and don'ts of accomplishing tasks are highly inflexible. The figure below shows several conceptual approaches regarding the administration of disciplinary action that have been developed to facilitate the disciplinary process.

Figure 1: Conceptual Approaches to the Administration of Disciplinary Action

8.3.1 Hot Stove Rule

According to this approach, disciplinary action should have the following consequences that are similar to touching a hot stove. A hot stove gives warning that it should not be touched. Those who ignore the warning and touch it are assured of being burned. The punishment is an immediate and direct consequence of breaking the rule never to touch a hot stove. Like wise, a work rule should apply to all employees and should be enforced consistently and in an impersonal an unbiased way. Regardless of the reason for the disciplinary action, it should be taken as soon as possible after the infraction has occurred and a complete investigation has been conducted. Employees should know the consequences of violating the rule, so that it has preventive value.

8.3.2 Progressive Discipline

This approach to imposing disciplinary action is intended to ensure that the minimum penalty appropriate to the offense is imposed. Its use involves answering a series of questions about the severity of the offense. It is the application of corrective measures by increasing degrees. Progressive discipline is designed to motivate an employee to correct his or her misconduct voluntarily. The technique is aimed at nipping the problem in the bud, using only enough corrective action to remedy the shortcoming. However the sequence and severity of the disciplinary action vary with the type of offense and the circumstances surrounding it.

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The typical progressive discipline procedure includes four steps: Oral warning or counseling that subsequent unsatisfactory behavior or performance Written warning Suspension without pay Discharge It is important for managers to remember that three important things occur when progressive discipline is applied properly. Employees always know where they stand regarding offenses Employees know what improvement is expected of them Employees understand what will happen next if improvement is not made.

8.3.3 Positive (Non-Punitive) Discipline

Positive discipline is based on the concept that employees must assume responsibility for their personal conduct and job performance. Disciplinary action without punishment gives a worker time off with pay to think about whether he or she really wants to follow the rules and continue working for the company. Positive discipline requires a cooperative environment where the employee and the superior engage in joint discussion and problem solving to resolve incidents of employee irresponsibility. The approach focuses on the early correction of misconduct, with the employee taking total responsibility for resolving the problem. Non-punitive discipline appears similar to progressive discipline, its emphasis is on giving employees reminders rather than reprimands as a way to improve performance. The technique is implemented in three steps: 1. First Conference Conference between the employee and the supervisor to find a solution to the problem through discussion, with oral agreement by the employee to improve his or her performance. 2. Second Conference If no improvement, hold a second conference with the employee to determine why the solution agreed to in the first conference did not work. However, a written reminder is given to the employee. 3. Decision Making Leave/ Decision Day When the both steps fail to produce the desired result, give the employee a one-day decision making leave (a paid leave). In order to abide by established legislation and rules of law, the guidelines found in The Code of Conduct for Industrial Harmony could serve as the basis for managers and employers in taking disciplinary action. This Code was signed by The Malayan Council of Employers' Organization as representatives of employers and the Malaysian Trades Union Congress as representatives of workers in 1975 with the aim of laying down the principles and guidelines to employers and workers on the practice of industrial relations for achieving greater industrial harmony. The Minister of Labor and Manpower witnessed the signing ceremony.

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The procedure for taking disciplinary action according to Clause 41 of The Code of Conduct for Industrial Harmony: An employer should ensure that a fair, effective an expeditious procedure exist for dealing with disciplinary matters. Such procedure may be established in consultation with the employees representatives or trade union as appropriate. The employer should define and make known to each employee the rules of work and the disciplinary action, which may follow if they are broken. Penalties should be graduated according to the seriousness of the offence. An employee should not, except in cases of gross misconduct, be dismissed for a first offence. The disciplinary procedure should be in writing and be made known to each employee. The proceedings should be conducted in accordance with the rules of natural justice and should: i. ii. iii. iv. v. vi. Provide for the employee to be informed, in writing, of the misconduct Specify who has the authority to take what form of disciplinary action Provide for full and speedy consideration by employer of all the relevant facts Give the worker the opportunity to state his case and the right to be represented by his workers representative or trade union official In the case of less serious offences, provide, in the first instance, for a warning by the employees immediate superior In the case of more serious offences, provide for a formal warning in writing, setting out the circumstances and the disciplinary action to which an employee will be liable if he commits a further offence and require a copy of this record to be given to the employee and if he so wishes to his employees representative or trade union official Provide for a right of appeal against disciplinary action to a higher level of management not previously involved.

vii.

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8.4 PENALTIES FOR MISCONDUCT

There are different forms of penalties that can be meted out to employee who is found to commit misconduct after due process (also known as due inquiry or domestic inquiry) depending on the policy of the organization, the severity of the case, and also on the frequency of the offence. When The Employment Act 1955 Section 14(1) only mentions that due inquiry must be conducted before dismissing the employee without notice on grounds of misconduct; or down-grade the employee; or suspend him from work without payment of wages for a period not exceeding one week. However, the Act does not specify how the Inquiry is to be conducted. Nevertheless, in affecting discipline, it is important to bear in mind the concept of natural justice. In practice, it is essential that all incidents of misconduct be documented. The failure of managers to record employee misconduct accurately can result in the reversal of any subsequent disciplinary action. There are eight items that should be documented: Date, time, and location of the incident Negative performance or behavior exhibited by the employee Consequences of that action or behavior on the employee's overall work performance and or the operation of the employee's work prior discussion(s) with the employee about the problem Disciplinary action to be taken and specific improvement expected Consequences of improvement is not made, and a follow-up date The employee's reaction to the supervisor's attempt to change behavior The names of witnesses to the incident (if appropriate)

Before any disciplinary action is taken, the employee concerned shall have an opportunity to present his case, and for this purpose, if he is a member of a trade union, he shall have the right to be represented by the Union. In all such cases, the company's decision shall be notified to the employee in writing with a copy to the Union Executive Committee. This hearing is necessary to establish the facts of the case before appropriate action is taken. The process should focus on how the offense violates the performance and behavior standards of the job. Most important, the employee must be given a full opportunity to explain his or her side of the issue so that any deficiencies for which the organization may be responsible. Generally, the penalties include the following:

1. 2. 3. 4. 5. 6. 7.

Oral reprimand or warning Reprimand or warning in writing Final written warning Suspension without pay for up to seven days Deferment, withholding or stopping of annual increment Demoting the employee Dismissal

Before an employee can be punished for misconduct, it is mandatory for the management to hold due inquiry. Failure to do so may be fatal, should the employee or his union takes up the case in the Industrial Court charging the company for constructive dismissal or unfair dismissal. During the due process, the following considerations should particularly be given:

1. Did the employee receive warning and lesser penalties, i.e., progressive discipline? 2. Did the employer use every means possible to avoid the discharge?

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3. Are there any evidences of prejudice or bias toward employee? 8.5 ROLES AND LAWS OF SAFETY AND HEALTH
Today, employers and employees have come to a stage where they understand their responsibilities towards safer working environment by identifying, assessing, and controlling safety and health in the workplace. These actions, if properly managed, contribute to the prevention of unwanted incidents causing injury, illness, death, and property damages at workplace. If these incidents can be prevented, employees will be more focused at work and will find greater commitment to work and be able to perform efficiently and productively. Primarily, line-managers are responsible for maintaining a safe and healthy work environment with the help of human resource professionals. The Human Resource manager is frequently responsible for coordinating and monitoring safety and health programs. Laws and regulations related to safety and health at work environment are quite extensive. Strategic enforcement of the laws and regulations by the government will attain higher safe and healthy work environment standards. The government is always monitoring the laws and regulations as to improve the safety and health issues. The Factories and Machinery Act (FMA) was introduced in 1967 to regulate safety in the workplace through the Factories and Machinery Department. Two years later, in 1969, the Employees Social Security Act was established to deal with health-related matters. This Act introduced insurance scheme for workers. Thus, the Workmen's Compensation Act 1952 was introduced to protect the welfare of foreign workers such as provided them with insurance coverage. Finally in 1994, the Occupational Safety and Health Act (OSHA) were passed by the Parliament.

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8.6 THE OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA 1994)

OSHA is designed to make the workplace safer by ensuring that the work environment is free from hazards. This act mandates numerous safety standards and enforces these standards through a system of inspection, citations, and fines. The main objectives of OSHA include: Securing the safety, health and welfare of person at work Protecting others against risks, which regards to safety or health in connection with the activities of person at work Promoting an environment that adapts to employee physiological and psychological needs.

OSHA covers various economic sectors such as manufacturing, mining and quarrying, construction, agriculture, forestry and fishing, utilities, transport, storage, communication, wholesale and retail, hotel and restaurant, finance and insurance, public service, and statutory authorities.

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8.7 BASIC PROVISIONS OF OSHA

Both employers and employees have responsibilities and rights under OSHA. Employers with more than 40 employees or those with less than 40 employees are required to establish a safety and health committee. This committee has three major functions, which are to: Review measures taken to ensure safety and health in the workplace Investigate and resolve any matter that is not safe or is a risk to health brought up by employees and the employer Request the Director General of OSHA to conduct investigation and intervene if the matter is not resolved.

The Act specifies the general duties and responsibilities of the followings: 1. Employers An employer is responsible for the following: Providing and maintaining the safety of the plant and system, make sure it is without risk to health. Ensuring safety and absence of risks to health with the use, operation, handling, storage and transport of plant and substance. Providing information, instruction, training and supervision to ensure the safety and health at work of his employees. Providing and maintaining the premises. Make sure that the access and exits to the workplace are safe. Providing and maintaining a safe working environment and making sure that the facilities for the welfare of the employees are adequate. Formulate, revise and communicate safety and health policy Providing information that may affect the safety and health of person other than their employees. If the employer violates any of these provisions, they will be fined not exceeding RM50, 000 or imprisonment not exceeding 2 years, or both. 2. Employees Employees also have responsibilities under OSHA. Although they cannot be cited for violations, they must comply with the relevant safety and health standards. Some of the duties and responsibilities of employees are listed below: Every employee at work is responsible to take reasonable care of the safety and health of him and persons who may be affected by his acts or omission at work. Co-operate with his employer Report all hazardous conditions, and injuries or work related illness to their employer. Responsible to wear or use protective equipment or clothing and comply with any instruction or measure on safety and health instituted by his employer. Anyone who violates the above provisions will be fined not more than RM 1000 or imprisonment of not more than 3 months or both. Employee rights under OSHA include: o The right to file safety or health grievances and complaints to the government

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o Participate in OSHA inspections o Request information on safety and health hazards without fear of discrimination or retaliation from their employer. Section 27 of the Act stipulates that an employer or trade union cannot discriminate employees who makes or complaint about safety and health committee, or who exercise his function as a member of safety and health committee. If not, they will be fined not more than RM10, 000 or jail not more than 1 year or both. 3. Person responsible for designing, manufacturing, and supplying work related plants and materials The designers, manufacturers and suppliers are also duty bound to follow the requirements of OSHA. The penalties for violating the provisions are fine not exceeding RM20, 000 or imprisonment of not more than 2 years, or both. A person who designs, manufactures, imports or supplies any plant at work or substances is: Responsible to ensure that the plant is designed and constructed to be safe and without risks to health when properly used. Must carry out necessary testing and examination of the plant and take necessary steps to secure. Make available information in connection with the use of the plant at work.

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8.8 ENFORCEMENT AND INVESTIGATION

The Department of Occupational Safety and Health (DOSH) is an agency under the care of Ministry of Human Resources responsible for enforcing and promoting OSHA. DOSH ensures that organizations comply with the OSHA standards and regulations. DOSH officers may enter, inspect, and examine any place of work with or without a search warrant. If the officer believe that a plant or substance has caused or likely to cause a danger to safety and health, he or she may request to be dismantled or subjected to any test or confiscate it for further examination as stated in Section 48 of the OSHA. Under section 48 of the Act, it is stated that upon inspection or examination, if it is found that the work place/substance/process pose a danger, the OSHA officer may: 1. Issue an improvement notice requiring that the situation is rectified within a certain period or until the danger has been removed 2. Issue a prohibition notice prohibiting the use or operation of the work, plant, substance or process DOSH also has the responsibility to continue the promotional activities regarding occupational safety and health by giving talks, briefings, lectures, and organizing exhibitions and campaigns.

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8.9 REDUCTION OF WORKPLACE ACCIDENTS

Since OSHA was introduced, the number of accidents at workplaces had shown some reduction. According to statistics by National Institute of Occupational Safety and Health, the number of industrial accidents reported to SOCSO and Labor Department for all sectors has decreased from 132,045 in 1992 to 94,073 in 1990. The table below shows the number of workplace accidents from 1989 until 1999.
Sector 1989 1990 1991 1992 1995 1996 1997 1998 1999 Agriculture, Forestry, and 37,644 39,365 35,619 34,033 20,465 13,372 23,296 12,678 12,753 Fishing Mining and 2,281 2,677 1,870 1,976 1,016 919 760 739 756 Quarrying Manufacturing 46,609 56,247 63,594 71,176 62,483 55,549 36,668 37,261 40,730 and Processing Construction Electricity, Gas, Water & Sanitary Service Commerce 3,187 565 3,631 873 3,854 1,115 4,008 647 4,406 542 5,302 716 3,510 3,573 4,747 364 979 592

13,201 14,115 12,927 11,553 10,187 13,027 9,235 12,985 14,685 3,551 3,337 3,785 4,826 5,052 3,295 4,050 4,462

Transport, Storage and 2,852 Communication Financial Institution and Insurance Service Government Service Total 3,783 -

194 569 3,126

225 773 3,968

309 1,718 3,840

672 3,412 6,125

506 5,338 6,153

363

700

627

3,723 5,294 5,987 5,225 7,078 6,735

110,122 124,348 127,282 132,045 114,134 106,508 89,589 87,335 94,073

Figure 2: Workplace Accidents from 1989 - 1999 [Source: Labor Department, and Social Security Organization (SOCSO), Ministry of Human Resources]

Ministry of Human Resources claims that the reduction is attributed to the enforcement of OSHA. Its target is to further reduce the rate of accidents to on par with the other developed nations. Even though this may be impossible to achieve, but with the close co-operation and hard work by the government, the employers, and the employees, this objective may be realized.

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8.10 VARIOUS SAFETY PROGRAMS

Formal safety programs are established after OSHA has been enacted. Safety programs are designed to accomplish their purposes in two primary ways: create psychological environment towards safety and develop safe physical working environment. Organizational safety programs also require planning for prevention of workplace accidents. Plans may be relatively simple, or more complex and highly sophisticated in order to fit the organization's size. Top management's support is essential if safety programs are to be effective. Tremendous economic losses can result from accidents. Each accident should be carefully evaluated to determine its cause and to ensure that it doesn't recur. The safety engineer and the line manager jointly investigate accidents-why, how, and where they occur, and who is involved. An indicator that a safety program is succeeding is a reduction in the number and severity of accidents. The frequency rate is expressed by a formula that yields the number of lost-time accidents per million person-hours worked. The severity rate indicates the number of days lost because of accidents per million person-hours worked. Proper evaluation of a program depends on the accurate reporting and recording of data. Firms are spending an increasing amount of money on safety. Reasons include profitability, employee relations, reduced liability, marketing, and productivity. One trend of safety and health is the increased use of ergonomics. OSHA has increased its budget and staff to concentrate on ergonomic issues, with standards being established for all industries.

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8.11 OTHER HEALTH AND SAFETY ISSUES IN THE WORKPLACE

There are several health and safety issues in the work place, regardless of the nature of the organizations, that might possibly happen in the workplace. Some of these issues are:

1. Cumulative Trauma
Traumas disorders include injuries to the wrist, back and upper extremities, caused by: Repetitive stress injury - An injury that involves muscle strain Carpal Tunnel Syndrome - An injury that caused by repetitive flexing and extension of the wrist. This trauma disorder is a primary target of ergonomics. Normally, employers will develop a comprehensive preventive program designed to avoid cumulative trauma disorders. 2. Workplace Violence Most organizations have improved their security measures in preventing workplace violence from happening. Violence results in lost business, lost productivity from injured workers, and increases in lawsuits from negligent security claims.

3. Stress and Burnout

Stress and burnout have become the fastest growing occupational diseases. Burnout is often associated with a midlife or mid-career crisis, while stress can lead to major heart problems and even suicide. There are various signs that indicate employees are stressful or burnout. Some of stress signs are impaired judgment, and effectiveness, rigid behavior, medical problems, increased irritably, excessive absences, emerging addictive behaviors, lowered self-esteem, and apathetic behavior. Meanwhile some warning signs of burnout are irritability, forgetfulness, frustration, fatigue, procrastination, tension, or increased alcohol or drug use. Few major sources contribute to stress in workplace, which some of them can be controlled to varying degrees, whereas others are not. Some of these sources are: Family - A frequent source of happiness and security, the family can also serve as a significant stressor. Financial problems - Problems with finances may create an unbearable strain. Living conditions - Stress levels may be higher for people who live in densely populated area. Corporate culture - Corporate culture has a lot to do with stress. The CEO's leadership style sets the tone. Role ambiguity - Role ambiguity exists when employees lack clear information about the content of their jobs. Role conflict - Role conflict occurs when an individual is placed in the position of seeking opposing goals. Job overload - When employees are given more work than they can possibly handle, they become victims of job overload. Working conditions - The physical characteristics of the workplace, including the machines and tools used, can create stress. Managerial work - The nature of managerial work may itself be a source of stress.

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Many companies now rely on programs and techniques that may be effective in preventing or relieving stress like Biofeedback which is a method that can be used to control involuntary bodily processes, such as blood pressure or heart rate, and Transcendental meditation (TM) is a stress-reduction technique whereby a secret word or phrase (mantra) provided by a trained instructor is mentally repeated while an individual is comfortably seated. Tailoring the office to human physiology can enhance productivity, and help avoid health problems and some types of work-related stress. 4. Smoking in the Workplace Numerous studies have concluded that workplace smoking is not only hazardous to employees' health but is also detrimental to the firm's financial health. 5. AIDS in the Workplace AIDS (Acquired immune deficiency syndrome) is a disease that undermines the body's immune system, leaving the person susceptible to a wide range of fatal diseases. It has a direct effect on business as it drains the pool of healthy adults of working range. Training sessions about AIDS are being used to educate employees regarding the danger of AIDS.

6. Health and Wellness Programs

Health problems not only affect individuals but also an organization's profitability. A company wellness program should reflect a philosophy that emphasizes the value of its human assets.

7. Physical Fitness Programs

Many U.S. business firms have exercise programs designed to help keep their workers physically fit. These programs often reduce absenteeism, accidents, and sick pay.

8. Alcohol Abuse Program

Alcoholism is a disease characterized by uncontrolled and compulsive drinking that interferes with normal living patterns. Early signs of alcohol abuse are especially difficult to identify. Often the symptoms are nothing more than an increasing number of absences from work. Productivity may, over a period of time, begin to decline. Accidents may occur more frequently. A normally pleasant person can become highly disagreeable. No longer does alcohol abuse result in automatic termination. In fact, an increasing number of firms are establishing alcohol abuse programs and supervisors are now being trained to cope with this health problem.

9. Drug Abuse Programs

As with alcohol, cocaine and other mind-altering drugs have impacted the workplace. Numerous firms have recognized that drug problems pervade our society, and have taken positive action to deal with them. Drug programs are apparently more effective when drug testing is combined with other programs. Employee communication efforts and supervisory training can improve the chances for success.

10. Employee Assistance Programs

An employee assistance program (EAP) is a comprehensive approach that many organizations have taken to deal with marital or family problems, job performance problems, stress, emotional or mental health issues, financial troubles, alcohol and drug abuse, grief and loss. A firm either provides in-house professional counselors or refers employees to a social service agency. One trend of safety and health is the increased use of ergonomics. OSHA has increased its budget and staff to concentrate on ergonomic issues, with standards being established for all industries.

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SUMMARY
1. 2. 3. 4. 5. Discipline has several meanings. It can be defined as; treatment that punishes, orderly behavior in an organizational setting and training that molds and strengthens desirable conduct or corrects undesirable conduct and encourages development of self-control. Misconduct is the employee's act of breaching the contract of service, or the company's rules and regulations, or any form of misbehavior that warrants disciplinary action. Generally, there are 3 approaches to employee discipline; hot stove rule, progressive discipline and positive discipline. There are 2 major laws that govern safety and health in the workplace; Factories and Machinery Act 1967 and Occupational Safety and Health Act (OSHA) 1994. These 2 laws are under the governance of Department of OSH. The OSHA 1994 specifies major duties and responsibilities on 3 parties; employers, employees and person responsible for designing, manufacturing, and supplying work related plants and materials.

PRACTICE QUESTIONS
1. 2. 3. 4. Differentiate between minor and major misconduct. Given a case of a cashier caught stealing the money from a cash register, explain the course of action in dealing with the misconduct. What are the duties of OSH officers in ensuring workplaces safety and health environment? Explain various programs to enhance healthy workplace.

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