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Health, Safety and Privacy in the Workplace OSHA Worker’s Compensation Polygraph Protection Act Electronic Communications Privacy Act
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OSHA Occupational Safety and Health Act The act assigns OSHA two principle functions: 1. Setting standards 2. Conducting workplace inspections
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OSHA (purpose) n The general purpose of the ACT is to ensure that employers furnish a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees
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OSHA Standards similar across industries n 1. Access to medical and exposure records (e.g. exposure to toxic substances) n 2. Personal Protective Equipment –requires that the employer provide (at no cost to the employee) with certain protective equipment (helmets in construction, hearing protection, etc..) n 3. Hazard Communication –appropriate labels, placards, etc.. n 4. Recordkeeping –if over 10 employees, employer must maintain safety records (work related illness and injury)
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Worker’s Compensation n If you are injured on the job--or suffer a work related illness or disease that prevents you from working, you are eligible to receive benefits (replacement income, free medical care) from your state worker’s compensation program n In most states, employers (with more than 3-5 employees) are required to purchase state funded worker’s compensation insurance (some large employers can self insure) n rates are based on risk –premiums for park workers are higher than for executives n An injury must be work related but does not have to have a specific date of onset (e.g. carpal tunnel syndrome) or occur on company premises (company social function). n FAQs FAQs
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Whistleblower Protection Employee protection provisions a clause in many acts n Clean Air Act n Energy Reorganization Act n Safe Drinking Water Act n Solid Waste Disposal Act n Toxic Substances Control Act n OSH Act n Provide protection from discharge or other discriminatory actions by employers in retaliation for employee’s good faith complaints about safety and health hazards in the workplace. (Covers all private employers)
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Polygraph Protection Act n Applies to most private employers (not Gov’t) –prohibits the use of lie detectors for pre- employment screening or during the course of employment exemptions (security service firms, pharmaceuticals…or if a person is reasonably suspected of embezzlement or theft)
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Electronic Communications Privacy Act n Still exploring the degree to which e-mail and voice mail are affected as the law took effect in 1986 before these were commonplace –In general, it is legal for employers to monitor business- related telephone calls and email to and from their business and from their own premises (for example to evaluate customer service) If your agency has a policy of privacy abide by it –Some states require that both the employee and client know of the monitoring –If a call is being monitored, an employer must hang up as soon as it is apparent that it is a personal call.
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