Free Essay

Regulatory Management Paper

In: Business and Management

Submitted By sunnie3ga
Words 1149
Pages 5
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 there are HR and legal departments. “Understanding and complying with HR law is important for three reasons. It helps you do the right thing, realize the limitations of your firm’s HR and legal departments, and minimize your firm’s potential liability” (Gomez-Mejia, et al. p.88). Understanding these HR laws will also enable an organization to determine the effects that the laws can have on the HR processes in place. Legal requirements as it relates to HR processes can be a very complex system as “each individual law is accompanied by a set of regulations that can be lengthy” (Gomez-Mejia, et al. p.90). The main effect of legal regulations on the HR processes is whether or not an action by the organization will result in litigation. The goal of the organization is to avoid litigation at all costs lending them to comply with HR laws as much as possible. As with the legal side of the HR laws, safety requirements are also a main player in the HR processes. If the employees and clientele of the organization are not covered under the safety requirements legal issues may come into play, which lead to unwanted litigations. Safety requirements such as those regulated under the Occupational Safety and Health Act (OSHA) must be followed to avoid unwanted litigation because of an injury to an employee or client. The effects seen because of the safety requirements are both negative and positive. The safety laws were created to maintain safety standards to protect employees; however there are times when the requirements impede the completion of duties in a manner that can cause a drop in productivity. On the other side of the effect, the safety requirements are followed and an injury is avoided, thus avoiding any sort of litigation that would arise because of the injury that would have otherwise been sustained. Regulatory requirements in an organization have a major effect on the HR processes. This effect is seen when the productivity of the organization is at its maximum. When all regulatory requirements have been met and the organization is running up to standards, the employees are safe and able to function in their positions without time-consuming pitfalls such as litigations. When these requirements are not met there is the possibility that the organization could face penalties, fines, and possible closures due to non-compliance with government regulations.
Regulatory Divisions Organizations are required to comply with government created laws and regulations. In creating these laws and regulations, the government has also developed divisions to maintain enforcement of these laws and regulations. Divisions such as the USDOL, EEOC, and DHS are responsible for maintaining enforcement on employee-related regulations such as the ADA. The U.S. Department of Labor (USDOL) “fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support” (HG, 2011 p.1). ‘The Equal Employment Opportunity Commission (EEOC or Commission) is the federal agency responsible for enforcing federal laws prohibiting employment discrimination on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information” (USEEOC, 2011 p.1). The Department of Homeland Security (DHS) as it applies to employee-relations enables organizations and departments to check the employment statuses of potential employees. The laws and requirements maintained by DHS ensure that terrorism is not fostered within the walls of American organizations through employees. The American for Disability Act of 1990 ensures that potential employees or clients are not discriminated against because of a disability. A couple of the terms of this act are “(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities” (ADA, ch126). With the number of employee-related laws and HR processes in place to protect employees as well as the people who are served, there should be no reason for any sort of litigation to occur. However with the increase of litigation against organizations for petty issues by employees has caused the statement “Common sense and compassion in the workplace has been reduced by litigation” to become very true. The legal, safety, and regulatory requirements and the effects they have on the HR processes along with the divisions that maintain enforcement of the laws are vital to the overall running of any organization to ensure a minimal amount of complaints and litigations.

References
ADA. Title 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 126 – EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and Purpose. Retrieved from: http://www.ada.gov/archive/adastat91.htm#Anchor-Sec-49575
EEOC, 2011. U.S. Equal Employment Opportunity Commission online page 1. Retrieved from: http://www.eeoc.gov/eeoc/enforcement_litigation.cfm
Gomez-Mejia, et al. Managing Human Resources, Sixth Edition 2010 by Luis R. Gomez-Mejia, David B. Balkin, and Robert L. Cardy. Pages 88 and 90.
HG.org, 2011. Employment Law – Guide to Employment and Labor Law. Retrieved from: http://www.hg.org/employ.html

Similar Documents

Premium Essay

Syllabus

... |College of Natural Sciences | | |HCS/341 Version 1 | | |Human Resources in Health Care | Copyright © 2010 by University of Phoenix. All rights reserved. Course Description This course examines the complexities and multiple issues involved in human resources management in health care organizations. Students will examine the strategic role of human resource management in response to changes in the health care industry. In addition, issues such as recruitment, retention, performance management, organizational development, and employee relations are examined. Federal, state, and professional regulatory requirements specific to health care are emphasized. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you......

Words: 1481 - Pages: 6

Premium Essay

Hcs341

...Syllabus College of Natural Sciences HCS/341 Version 1 Human Resources in Health Care Copyright © 2010 by University of Phoenix. All rights reserved. Course Description This course examines the complexities and multiple issues involved in human resources management in health care organizations. Students will examine the strategic role of human resource management in response to changes in the health care industry. In addition, issues such as recruitment, retention, performance management, organizational development, and employee relations are examined. Federal, state, and professional regulatory requirements specific to health care are emphasized. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Gómez-Mejía, L., Balkin, D., & Cardy, R. (2010). Managing human resources. (6th ed.). Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on the student......

Words: 1889 - Pages: 8

Premium Essay

Strategic Management

...Strategic Management Human resources can play a very large role in a company during corporate restructuring or during a merger/acquisition. Many companies depend on human resources for recruitment, retention, training, development, employee performance management, regulatory compliance, and when it comes to dealing with compensation and benefits for employees. This paper will describe human resources role as a strategic partner in corporate restructuring of a health care facility as well as human resources functional responsibilities as mentioned above. When a corporation is in the process of being restructured, they must depend greatly upon their human resources management to recruit and retain the employees for the company. Corporate restructuring can be a stressful time for everyone that is involved including all employees. Human resources must do their best to retain the employees who are currently employed. They do this by keeping them happy so that they stay with the company. Human resources must also hire new employees on an as-needed basis is a company is being restructured because they may be growing and new positions may be opening. When new employees are hired, they need to be trained accordingly. To be trained for a new position within a company requires the human resources to provide the necessary materials and personnel to properly train the individuals. Training usually consists of some type of classroom and paper materials, and so many hours of......

Words: 793 - Pages: 4

Premium Essay

Organizational Performance Management Paper

...Organizational Performance Management Paper Team D HCS/451 August 24, 2015 Kristen Hauck Collaborate to write a 1,400- to 1,750-word paper in which you address the following points: (Use this as an outline, to write your answers this information contains 190, words which should not be added to your word count.) Introduction: In this paper we will be examining the similarities and differences of five organizations we have chosen which are the Henry Ford Health Systems, Macomb County Health Department, Humana Insurance and North East Valley Health Corporation. We will be discussing tools and methods these organizations utilize to monitor their performance, achieve regulatory accreditation compliance and improve their overall performance. We will illustrate ways in which the organization communicate with leadership to ensure alignment of organizational goals, gain buy-to achieve compliance with the standards and requirements issued by regulatory and accreditation bodies. Lastly we will examine how compliance with the regulations and development of risk and quality management systems contribute to the organizations overall performance management systems. • Address the similarities and differences among the types of organizations. The Mayo clinic along with being a medical practice is also a research center and medical academy which is a physician-led and governed organization. The Mayo clinic similar to the other organizations has regulation......

Words: 677 - Pages: 3

Premium Essay

Healy, Paul M, and Wahlen, James M. (1999). a Review of the Earnings Management Literature and Its Implications for Standard Setting.

...A Review of the Earnings Management Literature and Its Implications for Standard Setting. INTRODUCTION The main purpose of this review is to examine the scholarly evidence on earnings management to help standard setters and regulatory agencies assess the degree of earnings management and the integrity of financial reporting and to identify future opportunities for future research on earnings management. Through the examination of earnings management, standard setters can determine the degree of earnings management use and if investors, creditors, or regulatory bodies are being deceived. There can be major consequences if the previously mentioned people and bodies are misled. Investors rely heavily on financial information from a company’s management. If this information is misleading, a lot of money can be lost. Another group that relies on the integrity of a company is creditors. Creditors can be liable for the loss of capital if a company goes into bankruptcy and the creditor bases everything (interest rates, money borrowed) off of the financial position of a company. Financial misrepresentation can have a major effect on these financial institutions. Regulatory agencies are also affected by earnings management and can be deceived by companies that are trying to dodge industry regulations, have regulations changed, or seek industry relief. REVIEW/BACKGROUND The major issues examined in this review include: tests of earnings management incentives, contracting......

Words: 765 - Pages: 4

Premium Essay

Afdg

...Module Title |Fundamentals of Securities and Futures Regulation | | |Module Code |BAF2407 | |Module Year |2010-2011 | |Module Value |3 | |Module Hours |Lecture | |30 | | | |Tutorial |15 | | | |TOTAL | |45 | | | | | | | | |Pre-requisites |Nil | |Co-requisites |Nil | |Module Aims |To provide students with an understanding of the rules and regulations in regulated | | |activities in Hong Kong. | |Exemption Criteria ...

Words: 717 - Pages: 3

Premium Essay

Healthcare 341 Week 3

...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......

Words: 897 - Pages: 4

Premium Essay

Sarbanes - Oxley Act of 2002

...In this paper the author will describe the main aspects of the regulatory environment which will protect the public from fraud within corporations. The author will pay special attention to the Sox requirement; along with evaluating whether Sox will be effective in avoiding future frauds. Regulatory environment consist of several laws and regulations that has been developed by federal, state, and local governments in order to limit control over business practices. The regulatory environment plays an important role in the positive operation of the financial sector and in the efficient management and integration of capital flow and domestic savings. “The value of the claims of financial institutions on borrowers is dependent upon the certainty of legal rights, coupled with the predictability and speed of their fair and impartial enforcement. Legal and regulatory frameworks that empower the regulator and govern the conduct of market participants form the cornerstone of the orderly operation and development of the financial sector” (Making Finance Work for Africa, 2012). Regulatory compliance has always been a part of doing business. In almost all industry there are a variety of governments and industry regulations that they company must follow in the way that they conduct their business and the penalties of not following the regulations are clearly defined within the company (Doculabs White Papers, 2012). There are many regulations that has been around for a long period of......

Words: 1289 - Pages: 6

Premium Essay

Swott Analysis

...technique in creating a quick overview of their company’s strategic situation. Pearce & Robinson (2009) states,” It is based on the assumption that an effective strategy derives from a sound “fit” between a firm’s internal resources (strengths and weaknesses) and its external situation (opportunities and threats).” This paper will analyze some external and internal forces and trends that could affect a new TruHealth Restaurant and Bakery. This will be determined from a created SWOTT table provided below. Each discussed force and trend will include one primary strength, weakness, opportunity, threat, and trend included in the table. The paper will also analyze at least seven forces and trends and how they pertain to TruHealth. Last the paper will discuss technology and competitive analysis, how TruHealth’s adapts to change, supply chain operations, and any significant issues and/or opportunities for this company. SWOTT ANALYSIS TABLE Factors |Strength |Weakness |Opportunity |Threat |Trend |External Factors | |Legal and Regulatory | Open and effective |Limited knowledge on |Gaining extensive |Violations of regulations |Laws are become more |knowledge of current regulations and laws |strict and implemented |community leaders |food laws that could close or suspend business | |regulations |licenses |Economic......

Words: 1705 - Pages: 7

Premium Essay

Hih Collapse

...have occurred elsewhere and sparked large scale investigation and media scrutiny. In all of these corporate failures, the level or absence of disclosure has had a lot to do with the unexpectedness of the collapse. This paper analyses the HIH collapse within a Foucaldian framework to demonstrate the need for accountants and auditors to work together so as to avoid criticism of the profession arising from unexpected corporate failures in the future. INTRODUCTION The purpose of this paper is to analyse the collapse of HIH and the role of its auditor, Andersen, within a Foucauldian framework encompassing archeology and genealogy of power and knowledge. The mythical Jedi force is used as a metaphor for power attained by the accounting profession through its claim to superior knowledge and skill to be applied in the public interest. Accordingly, the force includes professional ethics. The dark side is used as a metaphor for the collapse of HIH because accounting standards and practices, the accounting profession's power base, were used to conceal impending collapse resulting in the escalation of losses to policy holders, creditors and the general public. Regulatory responses to the Royal Commission into the collapse of HIH are viewed for purposes of this paper as the return of the Jedi in that the Corporate Law Economic Reform Programme (CLERP 9) proposals are aimed at strengthening corporate governance including auditor...

Words: 7735 - Pages: 31

Premium Essay

Course Sylabus

...|[pic] |Syllabus | | |College of Natural Sciences | | |HCS/490 Version 2 | | |Health Care Consumer: Trends and Marketing | Copyright © 2010, 2007 by University of Phoenix. All rights reserved. Course Description In this course, students will have the opportunity to examine the traits, trends, and needs of today's health care consumer. Students will examine current consumer information for readability, implications for the selection of products and services, and differentiation of health care web sources. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the......

Words: 2200 - Pages: 9

Free Essay

Benchmarking and Milestones

...Quality Improvement Report Cynthia Leonard, BSN, RN HCS/588 June 4, 2012 Darlene M. Cantu, RNC-NIC, C-EFM, MSN Quality Improvement report Quality measures and quality improvements are the focus of most health care organization today. Quality has many meanings and consumers, health care organization, regulatory agencies, and professionals have different view of the meaning of quality. Quality has advanced from the ability to give good care to the need to ensure that patient’s expectations are met. Quality in health care encompasses professional quality requirements and patients expectations. This paper will highlight the concepts of QI, including definitions of quality, along with patients, and professional roles in quality improvement. The paper will mention why quality management is requirement in the health care industry and how to monitor quality. The paper will also highlight the roles of accrediting and regulatory organization along with identifying helpful resources for organizations that affect QI. Foundational Frameworks of QI Industrial models have influenced how health care organization approaches quality improvement. Leaders, such as Armand Feigenbaum, who was the originator of total quality control, offered health care organization with “…a system that integrates quality development, quality improvement, and quality maintenance” (Ransom, Joshi, Nash, & Ransom, 2008, p. 67). Kaoru Ishikawa contributed to the quality movement by......

Words: 1329 - Pages: 6

Premium Essay

Organizational Management

...Organizational Performance Management Varilie L. Williams-Garner September 17, 2012 HCS/451 Health Quality Management and Outcomes Analysis Jodie Sapaugh Health care as an industry exists to serve its stakeholders in the safest, most effective and efficient manner; but each organization type and company function differently. Organizations share some similar functionalities and regulatory requirements that provide a path for them to follow. The regulatory requirements demand compliance and a standard performance level creating a need for specialized monitoring and accreditation to support quality improvement on numerous levels. Communication is a key component of the process an organization has adopted to maintain compliance, meet standards and regulatory requirements, and maintain the company’s vision and mission. The process commands the role of risk-management to supervise safety functions and quality-management to supervise the stakeholder satisfaction with the services provided in all aspects. Differences and similarities in functionality for each organization or company runs parallel in the goal of safety and satisfaction through monitoring, improving, and communicating to meet regulatory and compliance requirement standards. Similarities and Differences These organizations share many similarities and yet there are differences amongst the five types of organizations chosen; hospitals, emergency services, assisted daily living, home health care,......

Words: 3228 - Pages: 13

Premium Essay

Operations Management & Healthcare

...Operations Management and Healthcare Nicholas Drzycimski Operations Management SCMS 3510-003 University Of Memphis November 9, 2015 Introduction Most people would agree that access to healthcare is an issue with definite room to improve; there are constant demands from both taxpayers and the society for change. Organizations which provide healthcare are faced with economic limitations and constraints, long waiting times and queues of patients. Healthcare organizations are also affected by strict budgets that prevent them from procuring additional resources. One solution to combat all three of these constraints simultaneously would be to implement ideas and concepts from the Operations Management field of business. The most effective concept would likely be Lean production, that is, limiting as much waste as possible while using what resources are on hand to their most effective state possible. Of course, this is a very difficult goal to achieve when dealing with the unpredictability of day-to-day operations at a hospital, but measures can and should be taken to limit as much waste as possible and maximize efficiency of resources used. While new ways to implement more ideas and concepts of Operations Management into the healthcare industry are constantly being researched, there are aspects and tasks that are performed in a Hospital that can be considered the operations of a hospital. The goal of this paper is to explain some of these operations of a hospital...

Words: 1585 - Pages: 7

Free Essay

Legal, Safety and Regulatory Paper

...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......

Words: 783 - Pages: 4