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Document Your Life Management Assesment on Career Development

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Human Resources- Exam 4
Occupational Safety and Health ACT of 1970
“FATAL FORM”
Falls- 37%
Struck by Object- 10%
Electrocutions- 9%
Caught-in-between- 3%
Categories of Violations
1.Other Than Serious- up to $7,000 for each violation
2.Serious- up to $7,000 for each violation
3.Willful- up to $70,000 for each violation minimum penalty of $5000 for each violation
4.Repeated- $70,000 per occurrence
OSHA Prosecutions
-Past 20 years- OSHA has failed to seek criminal prosecutions against 93% of companies where willful violation resulted in death
-Majority of cases deferred to Department of Justice are never prosecuted
Reasons for Lack Of Prosecution
1.Killing a worker due to a willful OSHA violation is a misdemeanor not a felony. The DOJ prefers to use limited resources on felonies.
2. Language of OSHA law- only employers can be charged with a claim. The supervisor is not the employer so it is hard to prove willful violation by employer.
3.OSHA investigators are not trained in criminal law.
Employee Rights
-Employees have rights if guaranteed by law
Job Protection Rights
-Employment at Will Doctrine
-Wrongful Discharge
Privacy Rights
-Intrusion into employees personal affairs
-Electronic Surveillance
Access to Personnel Files
-No Federal Laws
State Laws
-Some say employers must tell them of existence of HR File
-Right to inspect their file (limit # of times)
-Right to correct information
-Right to make copies
-Former employees a right to inspect (time limit)
Employee Discipline
Discipline does not equal punishment
“behavior is a function of its consequences”
Stimulus-Behavior-Consequence
Extinction and punishment are no the same
Case Against Punishment
1.Affects are temporary
2.Undesirable Side Effects
3.Requires constant monitoring
“Criticism don’t hold up under scientific evidence or logic”
Using Punishment Effectively

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