...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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...Regulatory Issues in Health Care Fremgen (2009) defines medical laws or actions set by the federal government and the court system that have binding legal force that address legal rights and obligations affecting patients and protecting the individual rights of patients and health care employees. 50 state have statutes for medical practice acts which apply to precisely to the way that medicine is practiced in a particular state. Laws begin as act acts which define the meaning of “practice of medicine” and set the requirements and procedures for licensure. Medical practice acts also establish what can be considered as unprofessional conduct in particular states. Examples of unprofessional conduct include practicing medicine without a license, practicing healthcare or the inability to practice health care while under addiction or mental illness, felony convictions, insufficient record keeping, employing unlicensed persons to practice medicine, and prescribing drugs in excessive amounts. We currently live in a litigious society. Medical providers must balance providing quality and keeping abreast with current health care regulations to protect themselves from health care law suits (Fremgen, 2009). Laws are enforceable rules set by a government authority. An article related to a regulatory issue in health care will be analyzed to reflect how laws affect the regulatory process in health care. The Four Categories of Law Laws fall into different categories which include constitutional...
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...Effects of Legal, Safety and Regulatory Requirements Teresa A. Davis University of phoenix Mary Newby HCS/341 Aug 27, 2012 Legal, Safety, And Regulatory Requirement In the United States, human resources managers must follow state and federal laws related to employment, labor relations and wages. Human resources managers must have a strong understanding of the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act and applicable state laws. What is Title Vll? Title VII, the federal law that prohibits most workplace harassment and discrimination, covers all private employers, state and local governments, and educational institutions with 15 or more employees. In addition to prohibiting discrimination against workers because of race, color, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees. Currently, Title VII doesn’t include discrimination on the basis of sexual orientation. However federal legislation adding sexual orientation as a protected class against discrimination (the Employment Non-Discrimination Act (ENDA)), has been proposed in recent years. Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and...
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...Legal, Safety, and Regulatory Requirements Paper HCS – 341 Human Resources in Healthcare Instructor John Hulsebus, MBA, SPHR We define compassion as an empathetic emotional response to another person’s pain or suffering that moves people to act in a way that will either ease the person’s condition or make it more bearable (Lilius, 2003). The legal, safety, and regulatory impact on the human resource department greatly vary by which type of business and which type of employees. The rights of both employer and employee are covered by several different entities such as the National Labor Relations Board, Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. These have been set in place by the United States so as to protect both employer and employee from unfair acts on either’s part. In the few following paragraphs the effect of legal, safety, and regulatory requirements on the human resource process, an insight into the statement “Common sense and compassion in the workplace has been replaced by litigation”, and a brief look at the impact of the Department of Labor, U.S. Equal Employment Opportunity Commission, The American’s Disability Act of 1990 on the human resource processes. The individuals within the human resource department must be well versed in all the laws and regulations as set by the United States as they are expected to abide by these laws and rules. Once the potential employee has signed an employment contract...
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...Legal, Safety, and Regulatory Requirements Abstract Todays’ workplace is a very diverse environment with many personalities. This diversity can create challenges within an organization. The human resources department (HR) has the responsibility to develop strategies that allow employees to work in a safe, non-discriminatory environment with fair wages. With the development of regulatory agencies, such as the Equal Employment Opportunities Commission and the Department of Labor common sense and compassion has been reinforced with laws and regulations allowing litigation in cases of discrimination, unsafe working conditions, and unequal pay. The enforcement of these regulations by HR seems to have developed a more structured, safe environment. Human resources management (HRM) has the obligation to comply with employment, health and safety legislation. This includes federal, state and local laws that pertain to the many areas of HRM such as benefits, recruitment, and termination. HRM must stay up-to-date with legislation so that the organization is compliant and avoids costly penalties. Federal Regulations Federal laws cover the whole scope of employment, from hiring to termination. These regulations prescribe standards for wages and hours, safety and health, health benefits, retirement, workers’ compensation, working conditions, and discrimination. United States Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity...
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...Legal, Safety, and Regulatory Requirements The legal, safety, and regulatory requirements of the U. S. Equal Employment Opportunity Commission (EEOC), these three things are put in place and enforced by the Federal laws to protect employee rights. With these things in place for the employee does it mean that common sense and compassion in the work place has been replaced by litigation in today’s society? The legal side of the EEOC was put in place to protect employees, to enforce Federal laws prohibiting employment discrimination. Unfair treatment of an employee based on their race, color, religion, age (forty and over), national origin, sex, (including pregnancy), disability or genetic information (EEOC.gov). Also protects the employee from any retaliation by the employer if the employee has complained about job discrimination, or the employee has assisted with an investigation or lawsuit filed by an employee. The EEOC is a legal resource for any employee who feels that they have been discriminated against in any way shape or form, the employee can place a complaint with the EEOC and the complaint will be investigated to see if there is any truth to it or if the employee is just mad because they were released from their place of employment for something other than discrimination. On the safety side of the EEOC it is seems like a simple concept safety. Safety is the first thing all employers should look at and understand that safety is top priority for any job and all employees...
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...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...
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...Legal, Safety, and Regulatory Issues HCS 341 April 4, 2011 Abstract Legal, Safety, and regulatory issues all have a large impact on the human resources process as they relate to the statement “Common sense and compassion in the workplace has been replaced by litigation.” In today’s society litigations seem to be an increasing greatly, and administrators do their best to create human resources processes that avoid any possible litigations on them and or their organization. I completely agree with the statement “common sense and compassion in the workplace has been replaced by litigation.” There has been an extremely large increase in the number of employees who either sue or attempt to sue an organization and often out of revenge and not because of a valid reason. It seems that litigations in the workplace increase more as the economy continues to spiral downward. America is constantly made aware of the reductions in jobs that are still available. Many individuals are left without a job due to the recession that the economy is currently going through. There are many individuals who have also been laid off from the jobs that they once were employed by and expected to always have available to them. Job security is hard to find and employees fear for their financial security. What’s more, those who are unable to land with another employer often choose to sue (Maatman Jr.). Due to the rise in the number of employees who sue or attempt to sue the organization that...
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...Legal, Safety, and Regulatory Requirements When reading the statement, “Common sense and compassion in the workplace has been replaced by litigation”, I realize that many people may have very different ideas on whether they agree or disagree with the statement. In my opinion, I believe that this does not have to be the status quo. I strongly believe that it is up to the organization and how they treat their employees as to whether litigation in the workplace supersedes compassion and common sense. Let’s take a closer look into this. Employee-Related Regulations In today’s society there has been a drastic increase of lawsuits against employers, which has resulted in heightened awareness and acceptance of employees filing legal claims against a negative workplace situation. Some of the organizations and laws created for the purpose of protecting employees include the Department of Labor, Equal Employment Opportunity Commission, and the American’s with Disabilities Act of 1990. These laws and organizations address issues such as discrimination in the workplace, sexual harassment, safety in the workplace, senseless firing, and denial of employee rights. Unfortunately, several of these human resource laws are very complex. For example, according to Gomez-Mejia (2012), the Americans with Disabilities Act of 1990 is extremely long and there are over 1,000 different disabilities that affect over 43 million Americans (p. 95). Due to the complexity and...
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...Legal, Safety, and Regulatory Requirements Karen Lynne Ferguson HCS 341 February 28, 2011 Denise R. Holcomb, MA Legal, Safety and Regulatory Requirements This paper examines the Americans with Disabilities Act (ADA) of 1990 and the effect it has had on the human resources Process. In order to understand the effects the ADA has had on the human resource process, it is first important to understand what the Americans with Disabilities Act of 1990 is all about. According to Human Resources IQ, “the ADA is a federal anti-discrimination law which prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment” (Human Resources IQ, 2011). Human Resources IQ further explains that “this law covering employers with 15 or more employees is designed to remove barriers that prevented qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. When an individual’s disability creates a barrier to employment opportunities, the ADA requires employers to consider whether a reasonable accommodation could remove the barrier” (Human Resources IQ, 2011). To further understand this law it is important to understand that the ADA defines what an individual with a disability...
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...Legal, Safety, and Regulatory Requirements Every organization is responsible for ensuring that the organization follows legal, safety, and regulatory requirements when dealing with the employees of the organization. This responsibility falls to the human resources department. The human resources department must be experts in these areas to fully be able to train the employees. Has common sense and compassion in the workplace has been replaced by litigation. Let us take a look at the past six years. The Equal Employment Opportunity Commission has show that all of the suits that have been filed have decreased in the last six years. In 2006 there were 403 suits filed compared to 2011 where only 300 suits filed. There were 294 civil right suits in 2006 and only 162 in 2011. Equal pay suits went down from 10 to two in the last six years. The Secretary of Labor report to the president reported that there were 53 Federal civilian workforce fatalities in 2010 that number has decreased to only 21 in 2012. The stats show that common sense and compassion have not been replaced by litigation. The Occupational Safety and Health Act (OSHA) was established in 1970 was “created to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance” (OSHA, 2010). Employers are not the only ones responsible for safety in the workplace. “Employers have to provide a safe and healthy...
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...Legal, Safety and Regulatory Paper Name Institution Legal, safety and regulatory paper It is important that legal, safety and regulatory requirement be considered by human resource departments to ensure that a company secures the best employees for their advertised jobs. A great number of individuals across the globe qualify for various job positions but one thing that determines how best fit they are is their level of commitment and the skills they have (Mathias and Jackson, 2010). A company has to ensure that an individual fit for the job conforms to the legal requirements as it is stipulated in the country’s constitution, thus acknowledging his or her rights as an employee. With the above in mind, common sense and compassion has been replaced by litigation because most companies do not consider the importance of their employees having the right to legal, safety and regulatory requirements when carrying out the recruitment process. It is common sense that people need to work as a nation and not bonded by employment discriminative lines whereby issues such as race, sex, color and religion are given an upper hand. Under title four of the Civil Right Act of 1964, the constitution of the United States America prohibits employers from discrimination anyone while carrying out their recruiting process (Renckly and Renckly, 2004). The market available consist of people who are willing to put their races, sex and color away and focus on achieving the same goal for the betterment...
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...Memorandum To: Sharon Matthews, CEO HCS/341 From: HR Director Date: 12 September 2011 Subject: Legal, Safety, and Regulatory Requirements ------------------------------------------------- Common sense and compassion in the workplace has been replaced by litigation As we are both aware, the human resources department in every organization is accountable for guaranteeing that the organization adheres to all legal, safety, and regulatory requirements when dealing with both the employees of the organization as well as with the patrons that the organization serves. Throughout the human resource processes a central concern is the assessment of employment laws and the consequence of their use. It has come to the attention of the human resource department that common sense and compassion have been replaced by litigation in the workplace. Although conflict is by no means a new phenomenon, the elements of workplace conflict are becoming more convoluted as the years go by. Changes in employment laws mingled with how we live and the unpredictability of today’s economy have coalesced into convoluted answers to what used to be basic questions (Gilbert, n.d.). The result is a growing sense of unease among employees and an accompanying need to claim one's legal rights when conflicts arise. Misconceptions about employment laws, and employee rights often fuel this fire. Not to mention today’s society’s augmented recognition and approval of lawsuits as a probable and lucrative alternative...
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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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...Legal, Safety, and Regulatory Requirements I do believe that common sense and compassion in the workplace has been replaced by litigation. We now live in a society where people are only looking out for themselves and their bottom line. Individuals know about their rights and how they think they deserve to be treated. When a person feels that they have been dealt a wrong, instead of an apology, they want a form of payment as an apology. In a recent study conducted by the American Psychological Association (2012), one third of the population is stressed out. This leaves people rushed and ready for instant results and short on listening skills. I also believe we live in a society where no one wants to take responsibility for their own actions, instead passing off responsibility to another person. Furthermore, with the advances in technology, people have grown accustomed to instant results. We have fast food restaurants, high speed internet, 4G cellphones, and instant access to just about everything. No one is willing to talk out problems or take the time to listen. One of the jobs of the human resource department is to help out and mediate in times of trouble with employees. Human resources is also there to guide employers in the legal regulations the United States government has set for the workplace. Employers are legally obligated to follow the guidelines set by the government on how employees are to be treated on the job. In the following paragraphs...
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