...Introduction Law and regulations are in place to systematize and encourage workplace safety. According to the bureau of labor statistics, between 2010 and 2013 here in Texas there average of workplace injuries was 433 each year and between the years of 2008 to 2011, an average of 564 work – related homicides ("Fact Sheet, workplace shootings and injuries," 2013, para. 2). As employees we have a right to a safe workplace according to the OSH Act (Occupational Safety and Health Act of 1970). “The OSH Act was passed to prevent workers from being killed or seriously harmed at work. The Act created the Occupational Safety and Health Administration, which sets and enforces protective workplace safety and health standards ("You have the right to a safe workplace," 2013, para. 1) This paper reviews the effects of legal, safety and regulatory requirements. Deciphering what is the standards for common sense and compassion and has it been replaced with litigation in the workplace. What are the employee-related regulations in the workplace? Legal, safety, and regulatory Workers are entitled to a workplace that is not subject to risk and harm. Human resources managers follow the important standards of OSHA, limit the amount of hazardous chemicals in the workplace. Require the use of specific job-related safety practices and equipment. Educate employees on the information about hazards chemicals, standards for prevent of harm, and OSHA standards. By keeping the workplace safe the human resources...
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...WORKPLACE VIOLENCE: Criminology-CJ102-D04 December 3, 2003 THESIS: WORKPLACE AS IT RELATES TO CRIMINAL JUSTICE I INTRODUCTION: • Crime and violence • Workplace violence a major concern • The three entities involved II STATISTICS • The Bureau of Justice Statistics • Statistics from 1992 to 1996 • National Crime Victimization Survey and The Bureau of Labor Statistic III WORKPLACE VIOLENCE A LAW ENFORCEMENT ISSUE • Responsibility of Law Enforcement • The impact and ramification • The direction of Law Enforcement IV WORKPLACE VIOLENCE A CORRECTIONAL ISSUE • Correctional facilities a breathing ground for violence • Domestic violence to workplace violence • Introduction of a new program V WORKPLACE VIOLENCE A PRIVATE SECURITY ISSUE • The direction of Professional security • The scope of Professional security • The challenge of Professional security INTRODUCTION Initially, when we consider crime and violence the average American may envision or think of the inner city streets, area populated by “lower class status”, and poor neighborhoods. They may even think of sub cultural conflict, or conflict overseas. Then when asked what causes violence, the average American may consider poverty, racial disparity, ineffective families, substance abuse, and the list goes on. In most cases the average American maybe right, in their estimate of crime and violence. However, we tend to avoid or exclude the issue of crime and violence in the workplace...
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...Human Resources Management March 24, 2014 Author Note This paper was prepared for Human Resources Management- HCS341, taught by Alejandra Sipion. Safety, legal, and regulatory requirements in any organization is the most important law because the department involves developing, employing, utilizing, managing and understanding the staff in an organization. According to Gomez, Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the Human Resource Management process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the Human Resource Management process. Laws and regulatory requirements are currently in place for state and federal divisions to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents keeping employees safe, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures for employees who go out under worker’s compensation. (Gomez-Mejia, et al, 2010, p. 511). The Human Resource Management department must take into consideration when hiring new employees the many legal requirements that are set in place by the United States government , state, and federal laws. The Civil Rights Act of 1991 prevents discrimination against race...
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...Safety, and Regulatory Requirements Paper Amanda Jane Reese 2/4/13 HCS/341 Norman Greene This paper is going to be able legal, safety, and regulatory requirements paper and the disabilitie act of 1990 and the department of homeland sercurity. A workplace is an environment that is very delicate that has all kinds of people that work there. With every person there are different needs of feeling safe and comfortable which can create so many challenges in the workplace on a normal day. To make a safety net for the people that works in the company they made the human resource department. Also the human resource department is to maximize returns on investment from the organizations human capital and minimize financial risk and also will trained and motivated employees and to ensure all individuals goals with those of the organization.This helps the people that fall under the and create a stable environment of employees to feel safe and secure with there jobs and anything they do for the company. Regulations such as equal employment opportunity commission and the department of labor have in some ways removed the common sense and compassion in the workplace and replaced it with litigation. The effects of these regulations have balanced the workplace and created a more structured environment. With the U.S. Equal employment opportunity commission also know as the (EEOC) enforces federal laws that make it illegal for any workplace to discriminate an employee because...
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...Legal, Safety and Regulatory Requirements Paper Kayla Lysak HCS 341 September 2, 2013 Paul Farber Legal, Safety and Regulatory Requirements Paper This paper will be examining the effect of legal, safety, and regulatory requirements on employee-related regulations that have been established by the Department of Labor, Occupational Safety and Health Administration and the Equal Employ Opportunity Commission. It will also be addressing whether common sense and compassion within the workplace has been replaced by litigation and the importance of the Human Resource Department. Legal, Regulatory and Safety requirements greatly affect the human resource department of any organization due to the fact that they ensure all employees are treated equally and fairly. The human resource department has been established within organizations to ensure that all employees have a place to go to discuss problems and any fears they may be having. There have also been other agencies set up to make sure these things are being taken care of. The Equal Employment Opportunity Commission, The Occupational Safety and Health Administration and the Department of Labor have been set up to make sure that no violations of employee’s rights are overlooked. The EEOC (Equal Employment Opportunity Commission) was established on July 2, 1965. The EEOC is the agency that is responsible for enforcing the federal laws that are in place to ensure the illegal discrimination against job applicants and employees...
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...White Paper - Harassment Name March 24, 2013 University of Maryland University College Class Instructor ------------------------------------------------- White Paper ------------------------------------------------- Zero Tolerance Harassment Policy This Pomodoro, Inc. white paper describes the U.S. Federal Laws and key topics of importance for compilation of a Zero-Tolerance Harassment policy. Introduction To prevent and eliminate misconduct, it is good business practice for Pomodoro, Inc. to implementing a zero-tolerance policy for harassment of any sort. Background U.S. Law requires employers to maintain a work environment that is free from harassment. According to the U.S. Equal Employment Opportunity Commission (EEOC) (2013), “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that...
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...Week 7 Course Project Raquida Edwards Magras Raquida123@live.com Keller Graduate School of Management Professor Walter Brey October 15, 2015 HRM 594 Introduction In the past and even in current times, workplace issues were very prominent. Some were discriminatory actions against a certain group or person because of age, race, gender, religion, and other characteristics. Some were wrongful acts against the employee or employer. The list just goes on and on. To prevent those things from happening and alleviate the issues, laws were put in place to protect employees and employers. The laws were also put in place to create a safe work environment for everyone. The laws have not completed mitigated the issues, but they have minimized significantly. Many of the laws that are now in place were put in place because of employees and/or employers that went through situations and no law was written to protect them. Laws are now also in place to protect employees when they are not at the workplace for different reasons beyond their control. An example of this is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This act was put in place to protect service members’ jobs when they have be called up to serve their country. In the past, employers could have terminated the employee, but because of this act, employers must keep the employee’s job for the time they leave until they come back. If the employee’s position is no longer available, for...
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...him or someone on his behalf in workplace's ‘Register of injuries’ as soon as possible (within 30 days or he may not be entitled to compensation). b. How does a worker make a claim if injured at work? To make a claim a worker must get a ‘Certificate of Capacity’ first (issued by a medical practitioner) to claim for weekly payments, then complete the ‘Worker's Injury Claim Form’ for compensation. Give both papers to his employer (hand delivered or by registered mail). c. As an employer you must provide a safe and healthy workplace for your workers and contractors. What 5 things do you need to do to ensure you have a safe working environment? 1. provide and maintain safe machinery and equipment, and safe systems of work (such as controlling entry to high risk areas, controlling work pace and frequency and providing systems to prevent falls from heights) 2. ensure that the use, handling, storage and transport of chemicals (such as dangerous goods and other harmful materials) is safe and without risks to health 3. ensure that the workplace is safe and without risks to health (such as fire exits are not blocked, emergency equipment is serviceable, and the worksite is generally tidy) 4. provide workers and contractors with adequate facilities (such as first aid, clean toilets, clean drinking water, hygienic eating areas, etc) 5. provide as much information, instruction, training and supervision to the workers so that they can work safely. d. What...
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...Human Resources Administration of Workplace Safety Introduction Human resources administration is frequently considered with limited recognition for all the intrinsic responsibilities that are vastly complex and broad in scope. Some of the responsibilities of an enterprises’ human resources department include: the assurance that the enterprise is in conformance with State and Federal employment laws; prompt payroll processing; accounting, tax calculation and filing; employee fulfillment; workplace safety requirements and wide-ranging benefits to name a few. Given the complexity of the many roles of an enterprises’ human resources department, the question is can the human resources department effectively manage workplace safety requirements as they pertain to the inspection of the workplace for health and safety problems as well as the development of training programs. This paper will examine the enterprises’ human resource department ability to deftly manage workplace safety in the areas of inspection and development. Background According to Eckhardt (2001), the moral obligation of safety in the workplace will likely have divergent interpretations depending on the enterprises’ culture, funding and priorities. Federal regulations, as they are related to workplace safety in the area of inspection and development, are established in order to ensure that industry standards are practiced industry wide. Admin (2011), cites fundamental workplace safety inspection and development...
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...Legal, Safety, and Regulatory Requirements Paper Alexis Shealey HCS/341 January 30, 2012 Matt Dennis Legal, Safety, and Regulatory Requirements Paper In this paper the writer will explain examination of legal, safety, and regulatory requirements on human resource process, explanation of why the student does or does not agree with this statement “Common sense and compassion in the workplace has been replaced by litigation”, and the focuses on employee-related regulations such as U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, The Americans with Disabilities Act of 1990, and Department of Homeland Security. The human resource department in every organization is responsible for ensuring that the organization follows all legal, safety, and regulatory requirements when dealing with the employees of the organization as well as the organization serves. Throughout the process a main priority law are intended to bring harmonious working relationships between parties at the workplace. Human resource experts and managers have implemented strategies to comply with the federal regulations to supervise employee health and safety in the workplace. Laws and regulations at the federal, state, and local levels show companies conduct staffing. Three sensitive areas of legal concerns that managers must comply with are equal opportunity, affirmative action, and sexual harassment. Individual are protected from illegal discrimination which occur when people who share...
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...Employment Paper Jabari J. Dew Mgt 531 Business Law 12/14/2010 Robert Lewandowski Employment Paper Legal Encounter 1 Pat Grey may able to sue for wrongful termination. To avoid a wrongful termination lawsuit, NewCorp should seek a mutually satisfactory resolution of the current case with Pat using an alternative dispute resolution method like arbitration or mediation. To avoid such liabilities NewCorp should correct its performance review policies. Several U.S. courts have implied that a contract can exist because promises, procedures, and policies are present in an employee personnel manual. Courts have held personnel manuals to form, in both an expressed and an implied sense, employee contracts or to become part of employee contracts when employers give them to employees at the start of employment. One of the factors that establish whether a personnel manual and its terms form a contract is the reliance of an employee on its procedures and terms. Pat therefore has the right to sue based on the breech of the implied employment contract inherent in the Notice of Unsatisfactory Performance Corrective Action Plan of Newcorp's Personnel Manual. (Jennings, 2006) Starting in the late 1960s, the United States Supreme Court ruled that employees of the US government could not be terminated in retaliation for the exercise of free speech. The courts have now expanded these concepts of free speech, privacy, and related constitutional protections to private employees...
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...Reflection Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers...
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...Maintain workplace safety in the property industry Question 1 Explain in your own words the purpose of the Occupational Health and Safety Act 2000 in New South Wales and other similar Acts in other States and Territories. The Powers of the Health and Safety Representative A health and safety representative has the power to: Identify Workplace Hazards The health and safety representative has the power to identify workplace hazards. This power is usually exercised by conducting workplace inspections. Obtain Information from the Employer The health and safety representative is entitled to the same information available to a joint committee member. Under the Act, the employer must share with the representative any such information that he or she has. Be Consulted about Workplace Testing If the employer intends to do testing of any kind in or about the workplace and related to occupational health and safety, the representative has the right to be consulted before the testing takes place. Make Recommendations to the Employer The representative has the power to make recommendations to the employer on ways to improve workplace health and safety–the same power given to joint committees. Investigate Serious Injuries If a worker is killed or critically injured on the job, the representative has the right to inspect the scene where the injury occurred and any machine, equipment, substance, etc., that may be connected with it. Duties of employers...
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...Safety In The Workplace Kristy Roper HCS/341 January 17, 2012 Joseph N. Atkins Safety In The Workplace Data from the Bureau of Labor statistics states that over 4.1 million people were injured on the job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010). All levels of government have passed laws to regulate and maintain safety in the workplace. There are two basic levels of workplace safety laws that affect most workers. On a state level it is workers' compensation laws. On a federal level it is the Occupation Safety and Health Act of 1970 (Gomez-Mejia, Balkin, & Cardy, 2010). When it comes to the various objectives, policies, and operations of these two levels of law, one will notice how different they are. This paper will discuss the effects of legal, safety, and regulatory requirements in ensuring employee safety in the workplace. It will also discuss how the Department of Labor and the Occupation Safety and Health Act of 1970 play a vital role in workplace safety. Each state has its own workers' compensation laws, which means that the funding and enforcement of these laws differ by state. The main goal of workers' compensation is to provide compensation to workers who suffer job related injuries or illnesses. Workers' compensation was first established in the early twentieth century. Since 1948, all states have had workers' compensation programs, however it is mandatory in only 47 states(Gomez-Mejia, Balkin, & Cardy...
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...Agency Paper Lori Lewellen HCS 430 Throughout this paper I will discuss and explain the application as well as how the Family and Medical Leave Act, which is also known as FMLA is implemented, as well as Worker’s Compensation Occupation and Safety and Health Act, which is also known as OSHA. I will also discuss the regulatory laws in which are implemented by organizations to make sure that these acts are adhered to and mandated while still providing employees with a working environment that is safe. Most of all organizations and agencies are forced to make sure that all of the governmental along with all city laws, are implemented to protect employee safety, welfare, health, and also to make sure that commitment is maintained to people within the community in which that it serves. The Family Leave Act, also known as FMLA, is an act in which each and every working employee, whether it is a male or female, a non-union or a union member, is allowed to take a leave of absence from their place of employment in which is a part of their employee benefits in accordance to the law for the following reasons: Employee gives birth to a newborn and needs to care for them; Employee fosters or adopts a child; Employee needs to care for an immediate family member such as their parent, their spouse, or their child that has a serious condition and needs constant care; or if an employee has a serious medical condition where a leave is needed ("Encyclopedia Of Everyday Law", 2011)...
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