1. PowerPoint to accompany Law & Ethics For Medical Careers Fourth Edition Judson · Harrison · Hicks Chapter 9—Workplace Legalities Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display 9-1

2. 9-2 Workplace Legalities Objectives Recall at least three federal laws that protect employees from discrimination in the workplace Identify sexual harassment as a form of sexual discrimination Discuss major federal employment laws Discuss the role of health care practitioners in following OSHA standards in the medical office

3. 9-3 Workplace Legalities Objectives continued Comply with the Centers for Disease Control (CDC’s) guidelines for universal precautions Define the role of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) in quality laboratory testing State the purpose of workers’ compensation laws

4. 9-4 Workplace Legalities Objectives continued Explains legal concerns during the employment interview process Cite the information employers must record for each employee, as dictated by federal and state regulations

5. 9-5 How the Law Affects the Workplace Employment-at-will has been the traditional employment principle The employer or employee could end the employment at any time Legal issues affect employment-at-will Federal and State statues Executive Orders Case Law Union contracts

6. 9-6 Hiring and Firing Employees cannot generally sue their employer for being fired, unless the employer has broken a Federal or State employment law Employers cannot fire an employee for an illegal reason Employers need documentation of just cause (legal reason) for firing an employee

7. 9-7 Hiring and Firing Wrongful discharge Concept in case law that says employer risks a lawsuit if there is no just cause to fire an employee Evidence in a wrongful discharge suit may include -oral promises-written contracts -company handbooks

8. 9-8 Discrimination Federal law prohibits discrimination for Race, religion, sex, age, or disability Union membership Political activity Preventing collection of retirement benefits Reporting company safety violations Exercising the right to free speech Refusing to take drug or lie detector tests (some exceptions)

9. 9-9 Employment Discrimination Laws Wagner Act of 1935 Union or other organizational activities Title VII of the Civil Rights Act of 1964 Race, color religion, sex, or national origin Age Discrimination in Employment Act of 1967 Age 40 or over

10. 9-10 Employment Discrimination Laws continued Rehabilitation Act of 1973 Physical disabilities and mental health 1976 Pregnancy Discrimination Act Pregnancy, childbirth, or related medical conditions Americans With Disabilities Act of 1990 Disabled persons and facility access for disabled

11. 9-11 Wage and Hour Laws 1935 Social Security Act Funded FICA original and was source for 1965 enactment of Medicare 1938 Fair Labor Standards Act Overtime pay, minimum wage, and child labor Was not updated until 2004

12. 9-12 Wage and Hour Laws continued Equal Pay Act of 1963 Equal pay for men and women doing the same work Employment Retirement Income Security Act of 1974 (ERISA) Regulates pension funds and employer benefit programs

13. 9-13 Other Laws Affecting the Workplace Occupational Safety and Health Act of 1970 (OSHA) Ensures employee safety and reporting of safety violations without fear of being fired Family Leave Act of 1991 Allows employees to take unpaid leave for maternity, adoption, or family illness

14. 9-14 Employee Safety and Welfare The Occupational Safety and Health Administration (OSHA) is a federal agency that regulates standards for health and safety that cover almost all employers OSHA publishes their administrative laws and other standards in the Federal Register

15. 9-15 OSHA Health Standards Hazard Communication Standard Chemical Hygiene Plan Bloodborne Pathogen Standard Medical Waste Tracking Act Training and Accident Report Documentation

16. 9-16 Hazard Communication Standard (HCS) Developed to improve safety awareness of all employees Requires medical offices to have a written hazard communication plan Requires an MSDS (Material Standard Data Sheet) for each hazardous chemical Each product must have a hazard label

17. 9-17 Chemical Hygiene Plan Separate standard that offers further clarification of exposure to hazardous chemicals in laboratories that provide testing beyond what is normally done in a physician’s office

18. 9-18 Bloodborne Pathogens Standard Developed to protect healthcare workers from risks of exposure to bloodborne pathogens such as HIV and HBV Requires a written exposure control plan that outlines measures taken to limit employees exposure to blood Use Universal Precautions

19. 9-19 Medical Waste Tracking Act Provides for safe disposal of hazardous medical wastes Blood products, body fluids, tissues, cultures Sharps Vaccines, inoculating loops Other supplies contaminated with blood or body fluids

20. 9-20 Training and Accident Report Documentation Training Written training program that provides employees with understanding of hazards in the workplace and protective measures Accident Reporting Employees must be required to report accidents and employers must keep a log

21. 9-21 Clinical Laboratory Improvement Amendments of 1988 (CLIA) Established minimum quality standards for all laboratories, requiring labs to Obtain certification Pay applicable fees Follow regulations governing - Testing- Test Management - Personnel- Quality Control - Inspection- Quality Assurance

22. 9-22 Workers’ Compensation Both Federal and State law(s) designed to provide compensation to workers who are injured on the job or develop work- related illness Benefits may include - medical treatment- death benefits - temporary disability- permanent - rehabilitation benefits disability

23. 9-23 Unemployment Insurance Funded by both the Federal and individual State governments In all but a few states, the total cost is covered by the employer Out-of-work employees may contact the unemployment office in their state to see if they qualify for benefits

24. 9-24 Hiring the New Employee Employers must be certain not to ask questions that are considered discriminatory. Examples include Asking about age, religion, national origin Inquiring as to membership in organizations or political activities Questions of a personal nature are often illegal and almost always inappropriate

25. 9-25 Hiring the New Employee Surety Bond If an employee handles financial matters, employers should obtain a surety bond The surety bond is for a specific amount In the event an employee steals or embezzles money, the employer may recover up to the amount of the surety bond A claim must be filed with the insurance (bond) company

26. 9-26 Employment Paperwork Employee records should include: Copy of driver’s license, social security card, and a completed I-9 form Payroll information including number of exemptions, deductions for state and federal taxes, and withholding for employer sponsored benefits such as health insurance and life insurance

27. 9-27 Ethics Guide Discussion You are a female RN who has been working at a local hospital for three years. A new male RN, just graduating from nursing school, is hired and you are asked to be his mentor. You find out accidentally that he is making $2.00 an hour more than you. What are you going to do?