...Hoshar) Date: 11/20/2015 Re: Employment Law Compliance Plan This memo will cover the employment laws and how they are applied. Also the penalties of noncompliance of different laws. There are many different laws an institution must fallow to stay in compliance. If by any chance these laws are not fallowed the business will face penalties. There are three employment acts that one should have insight about. The Occupational Safety and Health Act, the Age Discrimination in Employment Act of 1967, and Fair Labor Standards Act (FLSA). By acknowledging these acts and their importance to one’s business will prevent them from being penalized for not being compliance. The Occupational Safety and Health Act is administered by the Occupational Safety and Health Administration (OSHA). The Occupational Safety and Health Act is ordered by the Occupational Safety and Health Administration (OSHA). The law was ratified to that businesses provides organizations with a harmless and vigorous work atmosphere. “Every employer covered by the Occupational Safety and Health Administration (OSHA) who has more than 10 employees, except for employers in certain low-hazard industries in the retail, finance, insurance, real estate, and service sectors, must maintain specific records of job related injuries and illnesses” (Department of Labor, 2013). This act helps to make sure the work environment is safe enough for employees to not be killed or seriously injured while in working. Employees have the right...
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...OCCUOPOTIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) PRACTICES AND OSHA PERFORMANCE IN MALAYSIAN AUTOMOTIVE INDUSTRY GHANIM Mohmed Adeil University Putra Malaysia, Faculty of Engineering, Malaysia Mohamedadil88@yahoo.com Keywords: OSHAP; OSHAPM; Safety Performances; Financial Performances; Malaysian Automotive Industry. Summary This paper review the issues of the occupational safety and health administration practices (OSHAP) and occupational safety and health administration performances (OSHAPM) that affect the practices in Malaysian Automotive Industry. In addition, this paper discusses the OSHAP which are safety, culture, employee involvement, employee attitude, leadership style, safety and health training and last the effective communication. Not only that but to examine its impact on OSHAPM which are safety and financial performance in the automotive industry. However, this paper explores prior literatures and findings that were found by other researchers in the Malaysian automotive industry regarding these issues. Introduction Actually, the history of automotive industry in Malaysia has started at the early age of the second half of the 20th century. Several factors had played a main role in the reason behind this industry rise or in fact birth. The main reason was to strengthen this industry and decrease dependency on the agriculture sector. Not to say that agriculture is not profitable or important, but this industry will pull up the whole economic together...
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...OSHA 1994 The Occupational Safety and Health Act 1994 (OSHA 1994) is the overall legislation in respect of safety and health and the current law on Factories and Machinery Act 1967 (FMA 1967) shall be maintained as the technical aspect of safety legislation. (Tan K.H., 1995) The Occupational Safety and Health Act 1994 (OSHA 1994) which is based on the concept of self-regulation places the responsibility to ensure safety and health of workers on those who create the risk (the employers) and those who work with the risk (the employees). This legislation was made considering the fact that the Factory and Machinery Act 1967 only covers occupational safety and health in the sectors consist only 24% of the nation's total man power, while OSHA 1994 would cover 90% of the nation's total man power. (Azahar, 2013) The Occupational Safety and Health Act 1994 encourage constant active consultation and co-operation between employers and workers in the fulfillment of each other's duties and responsibilities in relation to Occupational Safety and Health. The Act's objectives would be achieved through a new approach which revolves around the conviction that a workplace will have an excellent chance of attaining a good standard of Occupational Safety and Health if it has a good Occupational Safety and Health management system supported by the workplace's top-level management. This Act was gazetted on 25th February 1994 and may be cited as the Occupational Safety and Health Act 1994 (Act...
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...ENGR 3520 Dr. Payton Notes Jan. 31, 2013 What is OSHA? OSHA stands for Occupational Safety and Health Administration. OSHA is an agency created under the U.S. Department of Labor. OSHA was created to issue the health standards, issue citations, conduct inspections and investigations of companies, approve or reject state plans for OSH programs along with many more duties. OSHA has 10 regional offices to assist in the carrying out of its responsibilities. OSHA is not the only government created agencies that does this type of work. Another agency similar to OSHA is OSHRC. OSHRC stands for Occupational Safety and Health Review Commission. OSHRC is a quasi-judicial board of 3 members appointed by the President of the United States and confirmed by the Senate. It is an independent agency and unlike OSHA it is an agency created by the Executive Branch. Its sol function is to review and rule on contested cases. OSHRC can affirm, modify, or deny services. A third agency that Dr. Payton spoke about was NIOSH. NIOSH stands for the National Institute of Occupational Safety and Health. NIOSH was assigned to the Department of Health and Human Services under the Center of Disease Control in Atlanta, GA. NIOSH performs in these three functions. They can develop and establish recommended occupational safety and health standards. They can conduct research experiments as well as develop educational programs to provide an adequate supply of qualified personnel to carry out the purposes of...
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...3:00pm, your sitting at your desk watching the clock, waiting for that longed for 5:00pm. All of a sudden, you start to smell smoke, then the fire alarms start blaring right outside of your office. Co-workers begin frantically running past your doorway toward the exit… There is a fire. What do you do? Do you run out of the door like others? Should you run through the office to make sure everyone else got out? You have no idea, you were not prepared for this. Your company is not prepared for this. Unfortunately this is a common occurrence throughout workplaces in America. Unfortunately, the lack of preparedness in the workplace for a fire kills hundreds of employees a year. Do not let this become your fate. Be prepared. The Occupational Safety and Health Administration has established a set of regulations for employers to ensure that workplaces and employees are all prepared to respond at the sound of fire alarms. No matter what regulations OSHA puts into place, risks of injury or death can only be minimized and not eliminated. Workers often find themselves in a dangerous situation when attempting to put out an office fire. With proper training, personal protective equipment and safe work practices, employees chances of surviving a workplace fire increases drastically. This paper will discuss, significant regulatory requirements in regards to fire protection, potential fire protection hazards and typical areas where these hazards may be present, and any recommended methods for avoiding...
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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 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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...A Critical Incident of Occupational Health Learning Development: Fit Testing of Respiratory Protective Equipment Face Masks Introduction On my second day of my Occupational Health placement, I was given the opportunity to be part of a meeting with the Occupational Health Manager, two Ward Managers and and one Modern Matron to discuss fit testing of respiratory masks. During discussions, it was felt that there were not adequate numbers of staff trained as this could leave the Trust at risk in terms of staff protection. I decided that this would be my critical incident. This critical incident would follow Rolfe’s et al. (2011) model of reflection, including aspects of education and opportunistic learning. The importance of this incident has reinforced the point that one of my Learning Objectives would not only further my knowledge in Occupational Health skills, but will work with others to protect the public’s health, and wellbeing from specific risks (PGDip SCPHN Handbook,2014). As this challenge was prompted by a critical issue, good communication skills with resilient working relationships were utilised if to incur change. Further actions would entail task structuring and team and individual management. These are reflections of Action Centred Leadership (Adair, 1973). Names and places were excluded to maintain confidentiality as required by the Nursing Midwifery Council Code of Conduct (NMC, 2008). During the week, an acute care unit experienced what they perceived...
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...INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH 1 (OSHA) LECTURER: AW101 CREDIT HR :1.0 INTRODUCTION What is occupational health and safety? Occupational health and safety is a discipline with a broad scope involving many specialized fields. Should aim at: The promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations. The prevention among workers of adverse effects on health caused by their working conditions. The protection of workers in their employment from risks resulting from factors adverse to health. INTRODUCTION… The placing and maintenance of workers in an occupational environment adapted to physical and mental needs. The adaptation of work to humans. In other words, occupational health and safety encompasses the social, mental and physical well-being of workers. HISTORY The role of occupational safety and health in Malaysia has been in existence since 120 years ago, in the end of the 19 century. Starting with the safety of the boiler and then into for machinery safety. followed by security industrial, industrial safety and health, and finally covering safety and health covering all sectors. History, role and development department can explained in five eras. HISTORY.. 1. Boiler Safety Era - before 1914 Occupational in Safety and Health duties are the first carried out in Malaysia in the year 1878, where Mr.. William Givan was appointed as Machinery Inspector...
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...manager recognizes the importance of providing workers with fall protection equipment and educating them about dangerous situations in their industry, particularly when heights are involved. Yet, according to the U.S. Bureau of Labor Statistics, of the most common fatal injuries on already-hazardous construction sites, falls claim the most lives each year. While the number of fatal falls have declined since the 2007 high of 847, (Gary,2012) the number is still higher than in the first year the agency collected data, making the need for safe practices even more pressing. Falls were the second-most common type of fatality experienced on the job, after traffic accidents. In 2010, the most recent year for which statistics are available, 55 percent of fatal falls on construction sites were cause by just four scenarios: from a ladder (20 percent), from a roof, (18 percent), on the same floor (15 percent) and from a parked vehicle (12 percent). (Gary, 2012) The construction industry recorded the highest number of fatalities in that year, with 774. The next highest recorded was in the transportation sector, at 664, followed by agriculture and hunting, which listed 621 incidents. (Crane 2012) The long and short of it is that falls are the most common cause of death in, by number of fatal injuries, the most dangerous field of work. While the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Act of 1970 have helped...
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...DEVELOPING A FATIGUE MANAGEMENT PLAN FOR COMMERCIAL VEHICLE DRIVERS AND OPERATORS Developing a Fatigue Management Plan for Commercial Vehicle Drivers and Operators ● 2 / 20 INTRODUCTION ................................................................................................................................................ 4 COMMERCIAL VEHICLE DRIVER FATIGUE IS A MAJOR SAFETY PROBLEM .............................................................. 4 A DRIVER FATIGUE MANAGEMENT PLAN WILL HELP EMPLOYERS MEET THEIR DUTY OF CARE ............................. 4 OPERATING STANDARDS FOR WORK AND REST .................................................................................. 5 THE OPERATING STANDARDS IN THE REGULATIONS ARE USED TO ESTABLISH A SAFE SYSTEM OF WORK ............. 5 OPERATING STANDARDS FOR WORK AND REST IN ROAD TRANSPORT ................................................................... 5 DRIVING WITHOUT A RELIEF DRIVER ................................................................................................................... 5 DRIVING WITH A RELIEF DRIVER .......................................................................................................................... 5 A DRIVER FATIGUE MANAGEMENT PLAN............................................................................................... 6 MANAGING COMMERCIAL VEHICLE DRIVER FATIGUE REQUIRES EFFECTIVE POLICIES & PROCEDURES ................ 6 BASIC PRINCIPLES TO INCLUDE...
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...Welcome to the Session of Employee Safety Health and Welfare Dr. Md. Mamunur Rashid Bangladesh Institute of Management August 20,2014 Dr. Md. Mamunur Rashid, 2014 1 Labor Welfare Labor/Employee welfare means the adaptation of measures to the physical, psychological and general well being of the working population. Labor welfare anything done for comfort and improvement, intellectual and social, of the employees over the wages paid, which is not a necessity of the industry. Dr. Md. Mamunur Rashid, 2014 Scope of Labor welfare The scope of labor welfare has to elastic and flexible enough to suit the existing conditions of the workers and to include all the essential prerequisites of life and minimum basic amenities. Dr. Md. Mamunur Rashid, 2014 Importance of Labor welfare Labor welfare is one of the major determinates of industrial relations. It develops a sense of responsibility, initiative and co-operation can be fostered among the workers. Welfare measures are importance to reduce absenteeism and turnover in the industries. Dr. Md. Mamunur Rashid, 2014 Classification of Labor welfare 1.Statutory welfare 2.Voluntary welfare 3.Mutual welfare Dr. Md. Mamunur Rashid, 2014 Classification of Labor welfare as Per ILO 1.Intra-Mural Activities 2.Extra-Mural Activities Dr. Md. Mamunur Rashid, 2014 Labor welfare services are also following heads 1. Economical Services 2. Recreational Services 3. Facilitative Services ...
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...Legal Obligations Arising From the Employment Relationship Shelena McClinton HRM 546 November 12, 2012 David Cory Legal Obligations Arising From the Employment Relationship The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that created by the need for defense and security (MBA Knowledge Base). This paper will discuss legal invasion of privacy method’s that employers can use. The violation of these rights lead employees to form unions to make their voice heard. Health Insurance Cost vs. Privacy The question of whether or not something constitutes discrimination is completely dependent on the evaluator’s point of view. For example, if a person believes that a pre-employment drug screen is discrimination because it is no one’s business if someone has an alcohol or substance abuse problems an employee may have. If an employee is getting his or her job done, it does not matter what he or she is doing in their personal life. On the other hand, if an employee job requires driving for work related business and they drive under the influence. What if they injure someone or he or she need to go to rehab, thus filing numerous insurance claims, would it have been nice to know the potential risk before hiring? Companies are always looking for ways to reduce cost; this forces employer...
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...University College TurnItIn Originality Score: 3% INTRODUCTION A recent workplace injury in the International Building Materials Company’s truss construction production shop has raised concerns among employees regarding shop safety and the integrity of the equipment used in daily work activities. At the request of Executive Management, an investigation of the accident was conducted to determine what is known and not know about the incident. The goal of this investigation was to ascertain the root cause of the accident and to identify the appropriate course of action by the Company going forward that will ensure future worksite accidents are prevented. This case study will provide a discussion of the case background and will analyze the facts and opinions provided by individuals directly and indirectly involved. The discussion will provide a critical analysis of the information presented as facts to determine its relevance and impact. BACKGROUND FACTS OF THE CASE John Craftsman sustained a serious hand injury using a table saw located in the truss construction production shop. He sustained this injury while using equipment owned and maintained by company and in the performance of his job. John claims he followed all the company’s safety procedures. John’s manager, David Waffler, contends that the machine was in safe working condition at the time of the John’s accident. Harry Hillman, the shop foreman, states that the equipment involved in the incident had been...
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...OBJECTIVE AND SCOPE OF THE STUDY The areas covered under this study are as follows: - Existing policies/directives for Industrial Occupational Health and Safety Management in India and abroad. - The norms/directives as being followed in India and abroad. - Existing infrastructural/institutional mechanism in the country and abroad. - The socio-techno-economic aspects related to the subject. - The compensation for the loss of life and injury as practiced in the country and abroad. - Inherent class differences (based on the earning capacity of the individual) reflected in differential compensation being offered for the same injury. - The issues related to organized and unorganized sectors. The sectors where the Industrial Occupational Health and Safety Acts do not apply. - The workman compensation acts. - The safety standards for machinery, plant and equipment etc. “Safe fail design” (Not fail-safe) aspect to minimize the industrial occupational health and safety hazards. - Role being played by infrastructure and institutional mechanisms. - Identification of factors to enhance the implementation and the impact of Industrial occupational health & safety management directives/ policies. - At management level. - At workman level. - At institutional mechanism level - The recommended action plan towards “Self-Enforcing Environment” identifying the agencies involved. Indian Legislative Measures A large number of labour legislations have been enacted for the promotion...
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