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Individual Assignment: Employee Safety, Health, and Welfare Law Paper Prepare a 1,050-to 1,750-word paper in which you explain the application and implication of the following laws for your employer. Analyze the following employee safety, health, and welfare laws: Family and Medical Leave Act (FMLA) of 1993 Occupational Safety and Health Act (OSHA) of 1970 Format your paper according to APA standards. {text:list-item} What are employers’ responsibilities under the law? What protections does the law provide for employees?
Please post your response to the Assignments Newsgroup on Monday, Day 7 of Week 5, as one (1) Microsoft Word document. Name your document as follows: ” Week 5 – Safety Health Welfare Paper – your name. doc” and insert your name, first name then last name. Please pay attention to the naming requirement. Cut and paste this paragraph, from the numeral 4 above and including this sentence, into the top of your Word document. Running Head: EMPLOYEE SAFETY, HEALTH, AND WELFARE LAW Employee Safety, Health, and Welfare Law Kevin Pannell MGT434 – Employment Law April 26, 2010
Brian Strayer Employee Safety, Health, and Welfare Law When Colortyme Rentals opened the first store, the company focused on taking care of the employees. To do this the company adheres to government laws. The Family and Medical Leave Act, and Occupational Safety and Health Act were created in different times, because of certain issues. The government ensures Colortyme is committed to protection of workers, by the penalties from not doing so. I will show how Colortyme applies the laws and implications of the law. I will analyze the laws applying to health and safety as well.
FMLA On February 5, 1993, President Clinton signed into law the first piece of legislation of his administration: The Family and Medical Leave Act (FMLA). The act guarantees employees who have been on the job at least a year up to 12 weeks of unpaid leave per year for a birth, an adoption, or care of sick children, spouses, or parents (or their own serious illness) and the same or an equivalent job upon their return (Bennett-Alexander & Hartman, 2007, p. 297). FMLA applies to Colortyme because the staff total is 60, but all are not within 75 miles.
For Colortyme employees to receive FMLA the law states employment with Colortyme for a year. “The employee must work for a “year and for at least 1,250 hours during the 12 months preceding the time off. They must give the employer at least 30 days’ notice when practical (such as for a birth)” (Bennett-Alexander & Hartman, 2007, p. 297). Colortyme requires some sort of medical documentation if you spend at least two nights in a hospital. The Department of Labor set regulations and requires one day stay in a hospital.
If an employee request time off, the employer requires a vacation request form filled out. The manager and supervisor must sign off on the form. Before the unpaid leave kicks into action. The employee is required to use any vacation time first. Colortyme will allow up to 15 weeks unpaid time off for couples, and will allow 18 weeks off for singles. If one has a death in your immediate family, one day including pay is allowed. Colortyme will allow two more days using Paid Time Off or personal leave. No written documentation is needed only notification to super–visor.
Another responsibility in the FMLA is the employer must maintain health insurance for the employee. The health insurance was provided to the employee before leave was ever taken. The employer must continue the health insurance based on if the employee were working on the job. The employer has to offer the employee to his or her job, but can even offer a comparable position. This position must maintain same pay rate and benefits. FMLA basically protects ones job when absent from work, but only on approved FMLA leave. The employer cannot take negative action such as suspensions, warnings, or terminations.
OSHA (OSHA) the Occupational Safety and Health Act was created on December 29, 1970, attempting to ensure safer and healthier working environments for all employees, and maintain the human wealth of the United States. Since 1971, OSHA claims that the act “has helped to cut workplace fatalities by more than 60 percent and injury/illness rates by 40 percent” (Alaniz, 2008, para. 8). The act does identify employers required to follow the OSHA. Basically, any employer with employees, that is in the business of selling or buying. OSHA does not specify what employees are covered.
Still employers have two basic requirements to ensure safety. First, the employer must be will to obey every safety and health regulations imposed by the Department of Labor, usually known as “compliance” obligations. Next, Colortyme has to “furnish to each of [its] employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm” (Bennett-Alexander & Hartman, 2007, p. 692). Colortyme requires all employees involved in lifting merchandise to wear back support belts.
Our warehouse has stair lifts used to move heavy furniture. Colortyme is expected to record all injuries this would include date of incident, injury or illness, employee affected, degree of injury or illness. Furthermore, Colortyme must determine if the injury was negligence on the employee, or violations of the company. The supervisor is required to accompany the injured to the doctor or hospital. Colortyme HR manager will conduct quarterly inspections to make sure OSHA is being obeyed. The employee handbook states OSHA regulations, and a poster is posted in the break and chemical room.
The cleaning chemicals used require rubber gloves, lab apron, and goggles. Even a breathing mask is required. Colortyme has an eye washer and shower station in case of chemical spill. Colortyme holds training sessions on how to use equipment, and other tools of the trade. OSHA administration will even send inspectors to Colortyme. Employers must establish a written, comprehensive hazard communication program to ensure that employees who work with or near hazardous materials are informed of the hazards and provided proper protection.
A hazard communication program includes provisions for container labeling, material safety data sheets, and an employee training program. The program must include A list of the hazardous chemicals in each workplace and material safety data sheets for each; Methods the employer uses to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels) and the hazards associated with chemicals in unlabeled pipes in their work areas; and A description of methods the employer at a multi-employer worksite will use to inform other mployers at the site of the hazards to which their employees may be exposed (United States Department of Labor, 2003, para. 3). Inspectors that come into Colortyme must view the jobsite like the employee experiences the jobsite. Inspections occur at Colortyme with no warning, and any unauthorized notice of inspections result in fines as much as $1,000. The officer asks to review accident and safety records of the company. After words will walk through the warehouse and store inspecting safety protocols.
If Colortyme willfully disregards safety regulations, harsh fines could be the result. The law states harsh penalties for breaking the rules. For instance, a less serious violation can be up to $7,000, but repeated and/or willful violations have a price tag of up to $70,000 per violation, or up to $500,000; plus prison time if the violation was willful and involved a fatality. Conclusion Colortyme is very strict when concerning policies and regulations.
The company not only posts state and federal regulations, but also company rules as well. Colortyme is cautious with the safety and health of employees. This organization takes every measure from back belts for delivery personnel; to locking the back door at sunset. The FMLA and OSHA enforce the guidelines by inspections, and minor to harsh penalties. Colortyme sees only about two injuries a year. Colortyme post notifications and the training classes have helped quite a bit. References Alaniz, R. (2008, November 4).
Legally Speaking: Heed OSHA to Protect Workers and Stay Clear of Trouble. Retrieved April 22, 2010, from http://www. roofingcontractor. com/CDA/Articles/Column/BNP_GUID_9-5- 2006_A_10000000000000460675. Bennett-Alexander, D. D. , & Hartman, L. P. (2007). Employment Law for Business (5th ed. ). New York: McGraw-Hill. Retrieved April 22, 2010, from University of Phoenix. United States Department of Labor. (2003). OSHA: Employee Workplace Rights. Retrieved April 23, 2010, from http://www. osha. gov/Publications/3021. html/