Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. HOSPITALITY HUMAN RESOURCES MANAGEMENT AND SUPERVISION

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. MANAGING A SAFE AND HEALTHY WORKPLACE Chapter 10

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Learning Objectives 1.Explain how to maintain a zero-tolerance sexual harassment policy and responsibilities regarding nonsexual types of harassment 2.Review the procedures for ensuring the rights of employees who are pregnant, disabled or a younger worker

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Learning Objectives 3.Indicate how OSHA impacts foodservice operations, explain procedures for establishing and maintaining OSHA- mandated programs, explain participation in OSHA investigations 4.Identify the compliance posters that operations are required to post 5.Describe the procedures for preventing workplace violence

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Learning Objectives 6.Develop the procedures for developing emergency management programs 7.Explain the basic procedures for balancing food safety, employee rights, and the law 8.Provide an overview of employee assistance and employee wellness programs

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. The Need For a Safe and Healthy Workplace A legal and professional obligation Employees cannot be endangered or distracted by issues managers have a responsibility to control Potential for and fear of: – Blood borne pathogens – Workplace hazards – Violence Issues of: – Employees’ personal lives – Health and wellness concerns

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Sexual Harassment Unwelcome conduct A form of sex discrimination Title VII of the Civil Rights Act requires employers to protect employees Two Types – Quid pro quo – Hostile Environment

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Sexual Harassment Sexual Harassment Policies – Acknowledge mutual respect – Zero-tolerance – All responsible for stopping harassment whenever it occurs – Should be reported immediately Preventing a Hostile Environment – Follow and enforce policies – Help employees understand what it is, how to avoid it, how to deal with it – Encourage open communication – Set a good example – Watch for signs

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Sexual Harassment Addressing Harassment Claims-Guidelines – Be investigated thoroughly – Collect any evidence: notes, text messages, or s – Interview any witnesses – Include a third person when interviewing the accused – Action taken should be reasonably related to the severity of the situation – Appropriate disciplinary procedures; possible termination – Focus on the behavior not the personalities of the people involved – Watch for signs

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Other Forms of Harassment Due to race, religion, pregnancy, age, disability, (federal laws) and sexual orientation (state and local laws) Conduct becomes unlawful when a condition of employment or creates a hostile atmosphere Unlawful to harass someone because a harassment charge has been filed Employer can only avoid liability if two conditions are met: – Prove a reasonable effort was made to prevent and promptly correct the behavior – The victim unreasonably failed to take advantage of any preventive or corrective opportunities provided

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Ensuring Employees’ Rights The Pregnancy Discrimination Act: Cannot discriminate based on pregnancy, childbirth, or related medical conditions Americans with Disabilities Act: Can perform the essential functions of a job with or without reasonable accommodation Rights of Younger Workers: FLSA provisions for child labor

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Occupational Safety and Hazard Administration (OSHA) Bloodborne Pathogen Standard – Exposure control plan – Vaccinations – Training – Personal Protective Equipment – If exposure occurs Hazard Communication Standard – Physical and health hazards – Material Safety Data Sheets (MSDA) Investigations Compliance Posters

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Occupational Safety and Hazard Administration (OSHA) Provided by the manufacturer Must be accessible and knowledgeable to the employee – Mandated records Maintained by HAZCOM coordinator for the establishment Develop a written plan describing how they will meet regulations A list of chemicals Employees should be trained how to properly use

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Preventing Workplace Violence Can occur at or outside the workplace Threats/verbal abuse to physical assaults and homicide One of the leading causes of job-related deaths Risks: money, delivery of products and services, work alone or in small groups, late night or early morning Provide safety education, secure the workplace, use drop safes, develop “buddy system” Learn to recognize, avoid, or defuse violent situations Record all incidents and threats Report to police as appropriate

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Emergency Management Programs Basics – Written plan reviewed and available to all – Procedures for reporting, evacuation – Have and maintain an alarm system – Designate and train employees Fires Bomb Scares Others: weather-related, floods, earthquakes

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Balancing Food Safety, Employee Rights and the Law Guidelines (Exhibit 10.10, p. 320) Maintain confidentiality; notify others they may have been exposed; report to local health department Considered disability under ADA: HIV/AIDS; Hepatitis B and C; Tuberculosis Normal precautions for safe foodhandling, sanitation and first aid

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Employee Assistance and Wellness Programs Assistance Programs – Worksite-based or beneficial resources – Help employee identify and resolve personal concerns Wellness Programs – Planning: Identify interests and needs – Implementing: internal or outsource – Evaluating: whether or how it is helping employees; necessary changes and improvements