Smoke-Free Workplaces: Dealing With the Low-Hanging Fruit The Surgeon General has concluded that there is no safe level of secondhand smoke exposure. Having smoke-free workplace policies helps to fulfill an employers legal obligation to provide a safe workplace under OSHAs (Occupational Safety and Health Administration) act . The policy also reduces the risk of lawsuit, potentially reduces workers compensation premiums, and protects employees from harm.
Occupational Safety and Health Administration The Occupational Safety and Health Administration (or OSHA) ensures worker safety and health in the United States by working with employers and employees to create better working environments. Employers are required to provide employees a safe and healthy place to work, and this responsibility also extends to providing safe employees. The courts have reasoned that a dangerous worker is comparable to a defective machine.
Possible Financial Penalties Even though OSHA would like a successful partnership relationship with employers, at times financial penalties must be imposed. A serious hazard citation has a maximum penalty of $7,000. A willful citation might have a maximum amount of $70,000 per violation. Calculated instance by instance, if 10 employees were exposed to one hazard that the employer intentionally did not eliminate, the penalty amount would immediately jump to $700,000.
OSHA Inspection The average employer will not likely see an OSHA inspector unless an employee instigates an inspection. About 70 percent of OSHA inspections have resulted from employee complaints. When OSHA inspectors come to a site, the employer has the option of denying the inspector access to the work site. If the employer refuses access to certain documents, OSHA must obtain an administrative subpoena.
Cases When Employee Can Legally Refuse to Work Employers cannot retaliate against workers who exercise their rights, and employers who do so may be subjected to penalties. Under the Occupational Safety and Health Act, an employee can legally refuse to work when the following conditions exist: - The employee reasonably fears death, disease, or serious physical harm The harm is imminent. - There is too little time to file an OSHA complaint and get the problem corrected. - The worker has notified the employer about the condition and requested correction of the problem, but the employer has not taken action.
Unsafe Employee Actions: Prevention Training and orientation of new employees that emphasizes safety is critical. The first approach in a safety program is to create a psychological environment and employee attitudes that promote safety. Accident rates decline when workers consciously or subconsciously think about safety. Managements role is clear, as OSHA places primary responsibility for employee safety on the employer.
Reasons for Management Support of Safety Program Safety programs are supported by management for a variety of very good reasons, and not just the potential lost productivity of an injured worker. Every phase of human resource management is involved. For instance, the firm may have difficulty in recruitment if it gains a reputation for being an unsafe place to work. Employee relations weaken if workers believe that management does not care enough about them to provide a safe workplace.
Job Hazard Analysis Job hazard analysis is a multistep process designed to study and analyze a task or job and then break down that task into steps that provide a means of eliminating hazards. It results in a detailed written procedure for safely completing many tasks within a plant. OSHA publication 3071, Job Safety Analysis, provides a good overview on how to conduct this analysis.
Developing a Safety Program One way to strengthen a safety program is to include employees in the process. Larger organizations will typically have a full-time safety engineer or safety director to provide safety training for company employees. This involves educating line managers about the merits of safety, and recognizing and eliminating unsafe situations. Accidents can happen even in the most safety-conscious firms. Whether or not an accident results in an injury, an organization should carefully evaluate each occurrence to determine its cause and to ensure that it does not happen again. The safety engineer and the line supervisor should jointly investigate all accidents.
Ergonomics Ergonomics is the process of designing the workplace to support the capabilities and needs of people, rather than requiring employees to make the adjustments. Ergonomics includes all attempts to structure work conditions so that they maximize energy conservation, promote good posture, and allow workers to function without pain or impairment. Failure to address ergonomics issues results in fatigue, poor performance, and repetitive stress injuries.
Workplace Violence OSHA defines workplace violence as: physical assault threatening behavior verbal abuse Hostility harassment directed toward employees at work or on duty.
Workplace violence affects more than two million workers each year. In the United States, 20 percent of all violent crimes occur in the workplace.
Legal Consequences of Workplace Violence In addition to the horror of workplace violence, there is also the ever-present threat of legal action. Civil lawsuits claiming negligent hiring or negligent retention are a constant threat. Negligent hiring and negligent retention are similar: It is the liability an employer may incur when it has people on the payroll whose records indicate a strong potential for wrongdoing, and fails to take steps to prevent violence.
Preventive Actions There are two basic parts to violence prevention. First, there must be a process in place to help with early detection of worker anger. Second, supervisors and HR staff need to be trained in how to skillfully handle difficult employment issues. Firms should consider the following actions to minimize violent acts and to avoid lawsuits: Forbid weapons on company property, including parking Under suspicious circumstances, require employees to submit to weapons searches or examinations for mental fitness for work Policy of zero tolerance toward violence or threats of violence Have employees report all suspicious or violent activity
Preventive Actions (cont.) Relationships with mental health experts for recommendations in dealing with emergency situations Train managers and receptionists to recognize warning signs of violence and techniques to diffuse violent situations Equip receptionists with panic buttons to alert security instantly 11-25 Potential Consequences of Stress Stress can be as disturbing to an individual as any accident. It can result in excessive use of alcohol or drugs, poor job performance, or even overall poor health. Workplace stress is one of the top reasons employees say they leave organizations. Twelve of the most stressful jobs are: 1. Manual worker 2. Administrative assistant 3. Inspector 4. Clinical lab technician 5. Office manager 6. Foreman 7. Manager/administrator 8. Waiter-person 9. Machine operator 10. Farm owner 11. Miner 12. Painter
Managing Stress Exercise Good diet habits Know when to pull back Find someone who will listen Establish some structure in your life Recognize your own limitations Be tolerant Pursue outside diversions Avoid artificial control Put stressful situation into perspective
Wellness Programs Wellness programs are becoming widespread as more employers become conscious of the impact employee health has on the firm. There is growing evidence that, in addition to containing direct medical costs, effective health programs boost productivity, reduce absenteeism, lower turnover, and improve morale. Optimal health can be achieved through environmental safety, organizational changes, and healthy lifestyles. Some companies offer wellness programs that promote healthy lifestyle measures such as not smoking, and exercising more to help prevent common lifestyle diseases.
Alcohol Abuse Alcoholism is a medical disease characterized by uncontrolled and compulsive drinking that interferes with normal life. It is a significant problem that affects people at every level of society, and it can both result from and cause excessive stress. 40% of workplace fatalities and 47% of workplace injuries are related to alcohol consumption 11-35 Substance-Abuse-Free Workplace Drug-Free Workplace Act of 1988 requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a federal agency. 11-37 Substance Abuse Testing Most employers use urine testing. Experts regard blood tests as forensic benchmark against which to compare others. Hair sample analysis claims it can detect drug use from 3 to 90 days after drug consumption. The use of an oral fluid method is a great preventive because it can be done immediately in the workplace and it does not give an individual an opportunity to substitute a urine specimen.
Employee Assistance Programs (EAP) (cont.) Drug Free Workplace Act of 1988 requires federal employees and employees of firms under government contract to have access to EAP services. Primary concern is getting employees to use program.