...Legal, Safety, and Regulatory Requirements HCS/341 February 1, 2014 Legal, Safety, and Regulatory Requirements The course syllabus for Human Resources in Health Care by Brown (2010) makes a debatable statement: "Common sense and compassion in the workplace has been replaced by litigation" (Version One). I disagree with this statement. Common sense and compassion are relative to the supplier. Therefore, federal regulatory agencies have ebeen created to establish and enforce legal, safety and regulatory requirements. In an effort to originate these regulations, the federal government has established the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and the Department of Homeland Security. Legal Regulations Legal regulations about topics such as wage requirements, work hour requirements, and medical or family leave time is enforced by the U.S. Department of Labor. One example of this agency's oversight is the provision of protected break times for breastfeeding mothers. According to "U.S. Department Of Labor" (2014), "The Patient Protection and Affordable Care Act amended section seven of the Fair Labor Standards Act to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has the need to express the milk" (Wage and Hour Division: Break Time for Nursing Mothers). Signed...
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...Legal, Safety, and Regulatory Requirements Valencia Simpson HCS 341- 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...
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...Legal, Safety, and Regulatory Requirements Paper Leah Smith HCS/341 March 21, 2011 Norman Greene Legal, Safety, and Regulatory Requirements Paper The human resources 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 with the clientele that the organization serves. Throughout the HR processes a main priority is the examination of the employment laws and the effects of how they are used. Divisions that house the employment laws such as the US Department of Labor (USDOL), the Equal Employment Opportunity Commission (EEOC), Department of Homeland Security (DHS), etc. are important divisions that all HR departments must maintain up-to-date information from to ensure that the processes are staying in line with the regulatory requirements such as the Americans for Disability Act of 1990 (ADA). All of these laws, acts, divisions, regulations, and requirements are what led to litigation between employees, clients served, and the organization. These types of litigations bring to mind whether or not common sense and compassion in the workplace has been reduced by this type of litigation. Effects of Legal, Safety, and Regulatory Requirements on HR Processes Laws, acts, and regulations have been placed for organizations to follow throughout history. These laws, referred to as HR laws are the main reason that...
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...Subject: Produce an informal report detailing the main health and safety regulations that HSFC should be following. In this report I am going to be looking at the Health and safety legislation and regulations that are in place that Havering Sixth Form College follow to ensure the health of all staff and students within the college is safe. I will also be including examples of how I would expect HSFC to be meeting these requirements. Management of Health and Safety at Work Regulations 1999 This act ensures that all people have a legal right to be protected from work related risks. The management of health and safety work is under the senior management within the college. The senior management are the people that implement all of the Health and Safety policies and procedures that are in place and ensure that it is being followed. The senior management is responsible to make sure that they have all of the suitable Health and Safety equipment’s available to use within the college. This must be checked frequently and replaced if necessary. This would include: fire extinguishers, fire exit signs, fire alarms, a sprinkler system, the management need to make sure that they have trained their staff to a high standard so that they understand about health and safety and if needed provide any extra training when needed. Furthermore, the senior management must follow the code of practice in order to ensure that they are making risk assessments and recognising hazards within the...
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...Legal, Safety, and Regulatory Requirements Celletta Tate HCS/341 Human Resources in Health Care 2/11/13 Gina Drake The safety, legal, and regulatory is the most important law an organization because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. Legal concerns can play an important role in staffing, particularly in selection (Gomez-Mejia, Balkin, and Cardy, 2010). Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the human resource process. Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations that have a wide range safety programs have resulted in a decrease of accidents, reduced workers’ compensation claims and lawsuits and less accident-related expenditures (Gomez-Mejia, Balkin, and Cardy, 2010). Many experts and managers in the human resource department have executed strategies to act in accordance with federal regulations to efficiently supervise employee health and safety in the workplace. An organization has the responsibility as authorized by all levels of government to offer all employees the assurance of a working environment free from health hazards. According to Gomez-Mejia, Balkin, and Cardy (2010), the two most basic workplace regulations that affect employees are workers’ compensation laws at the state level and the Occupational...
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...MIDKENT COLLEGE | Management of health and safety at work regulations 1999 | Management of health and safety is an essential part of any business whether it is a large or small concern.It is about what actions will be taken if an incident occurs, and what procedures are put in place to avoid those incidents. The aim of these regulations is to encourage a more systematic and better organised approach to dealing with health and safety in all workplaces.The college provide a set of rules in order to avoid any injuries or accidents involving the students and the staff. For example, the college advise the students not to sit in the middle of passages or on the stair case or even not to bring any drinks near the computers or laptops, these rules and regulations help to avoid any potential threat to the students and the college. Managing health and safety involves doing an occasional health inspection. | Health and Safety at work 1974 | This is an Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work. An example of how this act is put in place with the college is how all of the computer cables must be neatly out of any passages and contained where no one can trip over it. | The work place regulations 1992 | Some of these regulations fall under the health and safety act of 1974, the regulations make specific requirements for maintenance...
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...Legal, Safety, and Regulatory Requirements Joshua A. Barron HCS/341 November 11, 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements: Introduction and The Human Resource Process The Oxford English Dictionary defines Humane as being characterized by sympathy with and consideration for others; feeling or showing compassion towards humans or animals; benevolent, kind (2011). The safety, legal, and regulatory influence on the human resource department differs by organization and different types of employees. HRM is the most important department an organization can possess because the department involves employing, developing, 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 constraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990 affects the HRM process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the HRM process. Safety Requirements According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Organizations that succeed...
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...Legal, Safety, and Regulatory Requirements Gary Allford HCS/341 8 August 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in ensuring employee safety and welfare in the workplace. In addition, it will also discuss other employee-related legal regulatory requirements and topics pertaining to human resources process in hiring employees to prevent costly litigation. Safety and the Law Many Human Resources (HR) experts and managers have implemented HR strategies to comply with federal regulations to supervise efficiently employee health and safety in the workplace. An organization has the responsibility as mandated by all levels of government to offer all employees the assurance of a working environment free from health hazards. The two important workplace regulations in place that affect employees at all levels are workers’ compensation laws at the...
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...Legal, Safety, and Regulatory Issues of Human Resources Tara Moreno HCS/341 August 24, 2015 Angela Thomas Human resources are greatly impacted by the legal, safety, and regulatory issues that pertain to their company’s employees. The statement, “common sense and compassion has been replaced with litigation”, implies that companies today have become so engrossed with avoiding legal liabilities and lawsuits by employees that a cold management style becomes the result. Human resource managers must be well informed of regulations and laws in place that protect employee and employer rights and enforce employer responsibilities as they pertain to legal, safety, and regulatory issues in the workplace. There are many legal issues that companies must adhere to that are enforced by the Department of Labor. These laws are set in place to protect both the employee and the employer and to ensure fairness and ethical behaviors within the workplace. Some of the legal aspects of human resources that are governed by the Department of Labor include, but are not limited to; wages and hours, workplace safety, and the Family and Medical Leave Act (FMLA) ("U.s. Department Of Labor", n.d.). Employers are required to pay minimum wage to non-exempt employees for regular hours worked and time and a half pay when overtime hours are worked. The standards for wage and overtime pay are set forth by the Fair Labor Standards Act (FLSA), while the Wage and Hour Division enforces these standards. Additionally...
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...P1 Explain the legal requirements for ensuring the H&S and security of those employed Introduction- in this report i will be explaining the legal requirements for ensuring the health, safety and security of those employed at Washwood heath Academy. Legislation: On estimate there are around 1.6 million accidents each year in the work place with a cost to British industry of around £700m. This may seem like a large number of accidents but compared to many other countries the safety record of workers in Britain is good. The reason for this is that we have a strong set of laws passed by parliament and the European Union that aim to protect employees. When Tesco begins to employee people to work there, they must be following the health and safety legislations and regulations that affect a business working environment, this is so that employees will always be safe when in the workplace. Statutory duties of employers and employees relating to health, safety and welfare: In the past health and safety in the workplace was very much the employer’s responsibility. Now, employees have more rights and responsibilities and the emphasis has shifted so that current health and safety focus on employers and employees working as a partnership to ensure that everyone is safe in the workplace. There are various explicit duties that an employer has towards their employees. Tesco must follow the statutory duties of employers and employees relating to health, safety and welfare, this...
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... State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Drop-box: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) The administrative agency I have chosen is the Federal Motor Carrier Safety Administration (FMCSA) and the proposed regulation is “Qualification of Drivers; Exemption Applications; Vision”. Although the proposed regulation does not affect the business I work for directly, it does however affect all motorists including myself using state highway everyday to commute. I selected this agency because it deals with the safety of commercial motor vehicles (CMV) and truck drivers. Like myself, there are many people out there who are usually afraid when driving passing these commercial motor vehicles and often worry about its safety. The proposed regulation is the most current one for the administration hence the main reason why I selected it, but it also interest me because am very curious as to the safety of commercial motor vehicles, and the qualification...
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...Proposed regulation: Georgia Super Speeder Law 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you. -Office of Highway Safety controls this Georgia Super Speeder regulation. This agency and regulation interests me because as a Georgia resident I have seen the damages that speeding on a Georgia highway can cause. I have had colleagues face bad accidents as a result to speeding and this regulation punishes those drivers that break the new regulation. -This law will directly affect me so much as if I was in violation of the law; I can face an additional $200 in the ticket fee just for being in violation. This fee does not include the actual speeding ticket. 2. Describe the proposal/change -The new law will increase the amount of money that an individual pays along with the speeding ticket fee. The proposal is in place to decrease the number of deaths and accidents from the result of driving above the given speed limit. 3. Write the public comment which you would submit to this proposal. Explain briefly what you wish to accomplish with your comment. -I am in favor of the new super speeder regulation. I believe this law will decrease the amount of ‘speeders’ on Georgia highways. Georgia has a high rate of motor vehicle accidents a day and with a new law that will punish these drivers with higher fines, I believe that more drivers will take caution and actually...
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... Task 1 (P1) - Explain the legal requirements and regulations for ensuring the health, safety and security of those employed in business. General Construction Co is one of the most significant construction companies situated in the U.A.E. General Construction Company is a Corporation as a legal structure of a LLC company, established in U.A.E 1996. Company’s Success is greatly due to our qualified engineers and dedicated staff appointed from various countries. Company’s Staff consists of 49 engineers, 36 managerial and financial personal, 2249 of technician and ordinary workers. General Construction Company is equipped with the most modern Heavy Equipment& Machinery like cranes and bulldozers which are required to carry out any major specialized project The Health and Safety Executive (HSE) The HSE is the UK government body responsible for enforcing health and safety at work legislation. The HSE also plays a major role in producing advice on health and safety issues, and guidance on relevant legislation. The role of enforcement is split between HSE and local authorities depending on the business sector. In addition, HSE conducts research into the effectiveness of regulations and other health and safety issues, consults with employers and employees representatives, and advises legislators and government on health and safety. The HSE online website contains a wealth of information and guidance on maintaining health and safety at work, and detailed advice on...
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...Aviation Law Module One Questions and Answers Describe how a federal agency, like the FAA, creates and enforces regulations being sure to discuss the enabling authority a federal agency derives from federal statutes. When the FAA proposes a new regulation or changes to an existing regulation, they issue a document known as a Notice of Proposed Rule Making (NPRM), Federal law requires virtually all administrative agencies and departments of the government to conduct their rulemaking operations in this manner. The law requires that once the NPRM has been issued there must be a period of time for comment and consideration of the new proposed regulation. After the comment period closes the FAA considers the comments from the public and those affected by the new regulation. Often times, comments from the industry and public have influenced the FAA to either change or abolish the propsed regulation all together. When the process has run its course, the FAA issue’s a Final Notice of Rule Making. This notice will set forth the final rule as it will be adopted and an effective date for it to take effect. Under the Code of Federal Regulations (CFR), Title 14-Aeronautics&Space, Part 13 Investigative and Enforcement Procedures, Subpart B-Administrative actions, the FAA may administer a “Warning Notice” which deals with the available facts and information about the incident or condition and shows that it may have been a violation. The FAA may also give a “Letter of Correction” that...
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...Employment Law December 1, 2013 R. Williams Construction Co. V. OSHRC Safety has been on the top of the list since many can remember. Having safety work practices can make or break a company. It did just that for R. Williams Construction Company. OSHA (Occupational Saftey and Health Act) was put into place to help protect employers and employees. When regulations are not followed it could cause employers money and employees injury. In this paper it will review the case of R. Williams Construction Company V. OSHRC, discuss the legal issues in the case, and analyze why R. Williams construction Company was fined for over three safety violations. What was the legal issue in this case? The legal issue in the case R. Williams Construction Company v. OSHRC was the result after a trench collapsed, which resulted in the death of one employee from the construction company, Jose Aquiniga and serious injury of another employee, Adam Palomar. After close investigation, OSHA charged R. Williams Construction Company with four violations that all resulted in expensive fines. The violations included failure to instruct employees and managers on how to recognize and avoid hazardous work conditions. The next is the failure to ensure that employees did not have to travel more than twenty-five feet to safe zone. (Walsh, 2010) Third was the failure to have a competent person who was specifically trained in trench safety. Last was the “failure to ensure that the walls of the excavation be either...
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