2. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-1 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health 1 Employee Stakeholders: Privacy, Safety, and Health Search the Web OSHA provides a web site that serves as a clearinghouse for information about employee safety and health: www.osha.govwww.osha.gov

3. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-2 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health 2 Chapter Seventeen Objectives Articulate employee right to privacy concerns Identify the pros and cons of polygraphs, honesty tests, and drug testing as management instruments Discuss the right to safety, the right to know, and the role of OSHA Discuss the right to health in the workplace including violence and AIDS

4. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-3 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Chapter Seventeen Outline Right to Privacy in the Workplace Right to Workplace Safety Right to Health in the Workplace

5. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-4 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Introduction to Chapter Seventeen The chapter focuses on the employee’s rights to: Privacy Safety Health

6. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-5 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Definitions Right to keep personal information to oneself and to know how an employer is using personal information Werhane’s definition –Right to be left alone –Right to autonomy –Right to determine when, how, and to what extent personal information is communicated to others

7. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-6 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Five Issues of Employee Privacy Collection and use of employee information in personnel files Use of the polygraph, or lie detector, in making employee decisions Honesty testing Drug testing Monitoring employee’s work and conversations by electronic means

8. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-7 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Employer Collection and Use of Employee Information Privacy Act of 1974 USA Patriot Act Department of Health and Human Service regulations concerning privacy standards in health care American’s with Disabilities Act (ADA)

9. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-8 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Use of a Polygraph History Employee Polygraph Protection Act –Exceptions

10. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-9 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Integrity Testing Validity of integrity tests –Criticisms Reasons for use –To stem employee theft –To avoid “negligent hiring” suits –To screen employees cost-effectively –To replace polygraphs

11. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-10 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Drug Testing Drug testing Alcohol testing

12. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-11 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Reluctance to Drug Test Moral/privacy issue Inaccuracy of tests Negative impact on employee morale Tests show use, not abuse High cost Management, employee and union opposition

13. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-12 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Arguments for Drug Testing High cost of drug abuse –Increased rate of injuries –Increased rate of theft –Increased propensity to make poor decisions Ethical responsibility to employees and public to: –Provide for safe workplaces –Provide for secure asset protection –Provide for safe places to transact business

14. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-13 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Arguments Against Drug Testing Violates due process rights Invades privacy rights Grants greater weight to employer’s fights than to employees rights Ignores actual employee’s performance

15. Right to Privacy Guidelines for Drug Testing Management should not discipline or fire someone for refusing to take drug test, the test results can be inconclusive Management should only use drug tests when there is legitimate suspicion of abuse Management should use drug tests to evaluate job performance and not on-the-job conduct Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-13

16. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-15 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Guidelines for Drug Testing Management should inform employees of test methods and results, and allow the employee to rebut the findings Management should confirm all positive test results with a second test Management should conduct all tests with respect for employee dignity and privacy

17. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-16 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Drug Testing State and Federal Legislation State laws –Focus on reasonable suspicion Federal laws –Americans with Disabilities Act (ADA) –Mandatory testing programs Federal workers Transportation workers

18. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-17 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy reasonable expectation of privacy The key factor in determining the legality and ethics of employee monitoring is the employee’s reasonable expectation of privacy BIG BROTHER The pressure of being constantly monitored— especially by computers—produces low morale in a variety of places. The potential for abuse is also perceived, the feeling that BIG BROTHER is watching Monitoring

19. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-18 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Employer Monitoring Effects on Employees Invades privacy Treats employees unfairly Creates stress and tension Produces low morale Creates a sense of job insecurity

20. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-19 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Privacy Guidelines on the Issue of Privacy Prepare a “privacy impact statement Construct a comprehensive privacy plan Train those who handle personal information Make privacy part of social responsibility Search the Web The Privacy Foundation provides a web site that provides information technologies that may threaten personal privacy: http://www.privacyfoundation.org/workplace http://www.privacyfoundation.org/workplace

21. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-20 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Workplace Safety OSHA’s Strategic Goals Promote a prepared workforce Promote a secure workforce Promote a quality workplace

22. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-21 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Workplace Safety Right to Know Laws State laws Federal laws –OSHA Regulation Hazard Communication Standard

23. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-22 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Workplace Safety History of OSHA Nitpicking rules Spotty record Rejuvenated OSHA

24. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-23 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Workplace Safety Workplace Violence Workplace violence research Companies respond

25. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-24 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Health in the Workplace Two Major Issues Smoking –Corporate response AIDS –Corporate response

26. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-25 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Right to Health in the Workplace Family-Friendly Workplace Corporate policies Federal law –Family and Medial Leave Act

27. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-26 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health AIDS Americans with Disabilities Act (ADA) Broad brush EAP Chief privacy officers Drug testing Employee Assistance Programs (EAPs) Employee monitoring Employee Polygraph Protection Act (EPPA) Family and Medical Leave Act Family-friendly workplace Integrity tests Occupational Safety and Health Administration (OSHA) Selected Key Terms

28. Business and Society: Ethics and Stakeholder Management, 5E Carroll & Buchholtz Copyright ©2003 by South-Western, a division of Thomson Learning. All rights reserved. 17-27 Chapter 17 Employee Stakeholders: Privacy, Safety, and Health Selected Key Terms Polygraph Privacy Act Privacy Impact Statement Privacy in the workplace Right-to-know laws Smoking Workplace violence USA Patriot Act