Legal, Safety, and Regulatory Requirements

Human Resource (HR) managers have a daunting responsibility in the workplace He or she must maintain a balance between a company’s agenda and employee rights, which is not always easy. It is essential that an HR manager is aware of the numerous laws and regulations in place, such as employment laws regulated by the Equal Employment Opportunity Commission (EEOC) which include discrimination of any kind, as well as safety regulations, privacy issues, and overall fair treatment of all workers.
It would be nice to say that common sense and compassion rule the day in the health care industry, but it has been the author’s experience that is not always the case. For instance, the use of personal protective equipment (PPE) is essential in some circumstances, but invariably there will be someone who will have to be told to use PPE, such as goggles or gloves, in a dangerous situation. Common sense would dictate an automatic response toward protection, however certain individuals need guidance. Compassion in the workplace seems to be reserved for the consumer and not the worker, otherwise there would be no such thing as harassment laws.
Common Sense and Compassion have been replaced by Litigation There may have been a time when this statement was not true, but unfortunately that time has passed. When a look is taken at all the regulatory boards and government agencies, involved in employee issues, it is clearly a “sign of the times” we live in. For instance, the Americans with Disabilities Act of 1990 protect a “qualified” individual from discrimination in the workplace. This Act defines a disability as, “ a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment” (EEOC). Disability discrimination encompasses a multitude of conditions including, blindness, deafness, epilepsy, depression, and so on. A qualified candidate for employment has legal recourse when the disability is used against him or her. An employer’s compassion goes out the window when he or she cannot look past the disability. With the advent of mandatory urine testing for drugs employees with a condition know as “shy bladder syndrome” or “paruresis” are at a disadvantage. Paruresis is a mental condition in which an individual is unable to urinate in public. The Diagnostic and Statistical Manual of Mental Disorders deems paruresis as “a social phobia that affects roughly seven percent of the population” (Bigler, 2012). Regulations regarding discrimination against people for race, gender, age, and religious affiliation are some areas that HR departments must be cognizant. In addition, there are also regulations that impact not only an employee but his or her family as well. The Family and Medical Leave Act (FMLA) is one such law. FMLA entitles an employee up to 12 weeks of “job protected, unpaid leave” in which an employee is able to be with his or her family for a “birth, adoption, or foster child placement”. It also is used for such things as care of spouse, child, or parent, and of course care of the employee (DOL). Another issue that may make HR manager “pull out their hair” is the act of information sharing. The Department of Homeland Security (DHS) may demand certain information in the quest for national security. HR departments must analyze the consequences of sharing personnel information. For instance, it violates the privacy of an employee (causing possible litigation), and it may destroy the reputation of the institution as well as, the staff member of the company (DHS, 2011).

Summary Human Resources departments must be vigilant in protecting employees. Legal, safety and regulatory requirements must be adhered to at all times. A HR manager must be well versed in issues pertaining to workers and the workplace. When an employee observes lack of compliance or witness unsafe practices, he or she may feel that they have no alternative but to seek litigation. Government intervention helps an organization to insure safety and fairness for all workers. Codes of conduct are developed to incorporate legal and safety issues. It is also, where an employee may find recourse for unfair treatment instead of pursuing legal action. A caring organization that exhibits compassion for it’s employees may reduce the amount of legal activity and possibly instill common sense to the workforce.

References
Bigler, T. (2012, May 10). Americans with Disabilities Act covers 'bashful bladder syndrome,' could cost employers billions. Retrieved from http://dailycaller.com/2012/05/10/americans-disabilities-act-covers-bashful-bladder-syndrome-could-cost-employers-billions/
Department of Homeland Security. (2011, May 24). An analysis of the primary authorities supporting and governing the efforts of the Department of Homeland Security to secure the syberspace of the United States. Retrieved from http://www.homelandsecurity.org/docs/reports/MHF-and-EC-Analysis-of-authorities-supporting-efforts-of-DHS-to-secure-cyberspace-2011.pdf
Equal Employment Opportunity Commission«Titles I and V of the Americans with Disabilities Act of 1990 (ADA)». (n.d.). Retrieved from http://www.eeoc.gov/laws/statutes/ada.cfm
United State Department of Labor. (n.d.). The Family and Medical Leave Act (FMLA). Retrieved from http://www.dol.gov/compliance/laws/comp-fmla.htm