© 2015 Cengage Learning

Chapter 18 Employee Stakeholders: Privacy, Safety, and Health © 2015 Cengage Learning

Learning Outcomes Articulate the concerns surrounding the employee’s right to privacy in the workplace. Identify the advantages and disadvantages of polygraphs, integrity tests, and drug testing as management instruments for decision making. Discuss the right to safety and the right to know, and summarize the role and responsibilities of OSHA. Elaborate on the right to health and safety in the workplace, with particular reference to violence in the workplace, smoke-free workplaces, and family- friendly workplaces. © 2015 Cengage Learning

Chapter Outline Right to Privacy in the Workplace Workplace Safety The Right to Health in the Workplace Summary Key Terms © 2015 Cengage Learning

Employee Stakeholders: Privacy, Safety, and Health The global recession has shifted the balance of power from employees to employers. Employees are more willing to accept things they don’t like for fear of losing their jobs. An employee’s right to privacy varies from state to state An employee’s concerns about safety and health on the job now includes workplace violence. © 2015 Cengage Learning

Right to Privacy in the Workplace The right to privacy in the workplace varies from state to state. Four major workplace privacy issues - Collection and use of employee information in personnel files Integrity testing Drug testing Monitoring of employee work, behavior, conversations, and location by electronic means. © 2015 Cengage Learning

Collection & Use of Employee Information by Employers Background checks of applicants and current employees have become a source of concern for privacy advocates. Only the state of California limits their use significantly. The Fair Credit Reporting Act (FCRA) applies to employer use of employee consumer reports, including credit reports, criminal background checks, and other information. The EEOC monitors employer use of background checks when discrimination occurs. © 2015 Cengage Learning

Integrity Tests The Employee Polygraph Protection Act (EPPA)of 1988 Banned most private-sector use of the lie detector. Lie detectors may still be used by employers that provide security services, protection of nuclear facilities, shipment of toxic waste, and the like. Many companies use question and answer integrity tests (honesty tests). Personality tests measure maturity, extroversion, emotional stability, and the like. © 2015 Cengage Learning

Uses of Integrity Testing To screen employees and applicants To replace polygraphs To stem employee theft Reasons for Use © 2015 Cengage Learning

Drug Testing (1 of 2) Drug testing is an umbrella term including drug and alcohol testing, and substance abuse. Arguments for drug testing – drug use causes - accidents and injuries theft a propensity to make poor decisions deaths, injuries, ruined lives Employers have an ethical responsibility to employees and public to provide a safe workplace, secure asset protection, and a safe place to transact business. © 2015 Cengage Learning

Drug Testing (2 of 2) Arguments against drug testing – Violates due process rights Invades privacy rights False positives from common foods and medicines Ignores employee’s actual performance © 2015 Cengage Learning

Guidelines for Drug Testing Written policies, applied impartially. Clear reasons for drug testing should be documented. Notify employees and applicants of drug testing, the right to refuse, and the consequences of refusal. If random testing, tell employees of the safety and security needs that justify testing. All testing should be done uniformly and impartially. Collection, transportation and analysis of specimens should meet legal, technical, and ethical requirements. Qualified review of positive results prior to employer notification. Employee or applicant should be informed and given the chance to explain before the employer is notified. The report to employer should contain only the information needed for work placement purposes or as required for government regulations. © 2015 Cengage Learning

Monitoring Employees on the Job Employee monitoring occurs at the majority of mid- to large-sized firms. Technology changed the pervasiveness and nature of monitoring - Videotaping Recording phone calls and voice mail Reading computer files Monitoring emails and web access GPS © 2015 Cengage Learning

Effects of Employee Monitoring - Invasion of privacy Unfair treatment Creates stress and tension Excessive pressure to be productive Produces low morale Creates a sense of job insecurity The Electronic Communication Privacy Act of 1986 is the only privacy protection available for electronic monitoring. © 2015 Cengage Learning

Policy Guidelines on the Issues of Privacy Obtain informed consent before acquiring information. Disclose the nature of any surveillance. Set controls to avoid unauthorized spread of information. Collect and use only job-relevant medical and health data. Require reasonable suspicion before doing drug tests. Respect and preserve the boundary between work and home. © 2015 Cengage Learning

Workplace Safety The primary U.S. law governing worker safety is the Occupational Safety and Health Act. Sets safety and health standards for workplaces. Applies to all private employers that engage in interstate commerce. © 2015 Cengage Learning

The Workplace Safety Problem Two events are forerunners of workplace safety initiatives - The death by cyanide poisoning of an employee of Film Recovery Systems. The poisonous gas leak at the Union Carbide Plant in Bhopal, India. Right-to-know laws - Many states have passed laws imposing a duty on employers to provide employees with information on the hazards of workplace chemicals and to make sure that workers understand what the information means in practical terms. © 2015 Cengage Learning

OSHA’s Hazard Communication Standards Update inventories of hazardous chemicals in the workplace. Assemble material safety data sheets. Ensure that hazardous chemicals are properly labeled. Train workers on the use of hazardous chemicals. Prepare and maintain a written description of the hazard communication program. Consider any problems with trade secrets from the disclosure requirements. Review state requirements for hazard disclosure. © 2015 Cengage Learning

Workplace Violence - One of the four leading causes of death in the workplace. The leading cause of death for women. Despite this, nearly 70% of firms do not have a program to address workplace violence. Contributing factors: Greater tolerance for violence Easily available weapons Economic stress Difficult job market Insufficient support systems © 2015 Cengage Learning

Workplace Violence -Who is Affected? Workers are most at risk who: exchange money with the public. deliver passengers, goods, or services. work alone or in small groups. work late at night or early morning. work in community settings with extensive public contact. work in high-crime areas. © 2015 Cengage Learning

Prevention Employers are held liable for an unsafe act when - OSHA’s “general duty clause” mandates that employers provide safe workplaces– is not specific to violent acts. Employers are held liable for an unsafe act when - The employer neglected to keep the workplace free from a hazard. The hazard was one that is generally recognized by the employer or the industry. The hazard was already causing or likely to cause serious harm. Elimination or removal of the hazard was feasible. © 2015 Cengage Learning

Right to Health in the Workplace To control health care costs, firms have taken drastic steps, including banning smoking. Smoking in the workplace - Growing anti-smoking sentiment in the U.S. and globally Passive smoke kills thousands in the U.S. each year The Environmental Protection Agency (EPA) classifies second-hand smoke s a known carcinogen. © 2015 Cengage Learning

The Family-Friendly Workplace Work-Life balance - A state of equilibrium where the demands of a person’s personal and professional life are equal. A desirable state for most workers, but difficult in recessionary economic times. Popular Family-friendly benefits - Dependent care flexible spending accounts Bring a child to work in an emergency On-site mother’s room Child-care referral service Domestic partner benefits © 2015 Cengage Learning

Family and Medical Leave Act Family and Medical Leave Act (FMLA) - Designed to make life easier for employees with family or health problems. FMLA employee rights - 12 weeks of unpaid leave in 12-month period Reinstatement in old or equivalent jobs Health benefits during leave periods Protection from retaliation © 2015 Cengage Learning

Key Terms Americans with Disabilities Act (ADA) Background checks Broad brush EAP Chief privacy officer (CPO) Consumer reports Drug testing Electronic Communication Privacy Act of 1986 (ECPA) Employee Assistance Programs (EAPs) Employee monitoring Employee Polygraph Protection Act (EPPA) Fair Credit Reporting Act (FCRA) Family and Medical Leave Act (FMLA) Family-friendly Integrity tests © 2015 Cengage Learning

Key Terms Work / life balance Personality tests Workplace violence Polygraph Privacy Act of 1974 Privacy in the workplace Right-to-know laws Smoking in the workplace Type 1 error Type 2 error USA Patriot Act © 2015 Cengage Learning