Organizations in the US have both a legal and moral obligation to provide
workplaces that ensure the safety and health of their employees.
In this video, we will briefly discuss OSHA and the role that HR plays
in an organization's health and safety processes.
Over 100 years ago, workers were largely motivated to unionize for
safer working conditions, primarily in industrial settings.
Since then, The US government has created regulations, standards,
and laws to ensure safe working environments for all employees.
These safeguards do not apply to US based organizations with overseas manufacturing.
However, with a rising awareness of global working conditions, these organizations
are progressing toward improving the working conditions of foreign employees.
Later in 1970, Congress passed the Occupational Safety and
Health Act, known today as OSHA, to protect American worker safety.
This act requires employers to provide their employees with working
conditions free of known dangers.
The Act created the Occupational Safety and Health Administration [OSHA],
which sets and enforces protective workplace safety and health standards.
You'll learn more about OSHA later on.
Human resources has become the central place for guiding and
managing the relationship between an organization and
its employees, including hiring benefits and training.
Benefits often include wellness programs,
such as fitness classes that address common workplace health issues.
HR is also often tasked with ensuring that the organization complies with OSHA and
other health and safety rules,
minimizing losses that might arise from safety and health issues risk.
HR departments that enforce OSHA regulations and
implement health programs can reduce costs through decreased absenteeism,
sick time, and time off the job.
Compliance helps reduce workers compensation claims and lawsuits for
injuries or accidents,
giving organizations a competitive edge by minimizing costs.
At the same time, organizations that authentically focus on employee health,
safety, and wellness are viewed as model employers.
For example, Google is often praised for the range of benefits and
perks it offers its employees to encourage a healthy and satisfied workforce.
These benefits include free cafes, focusing on healthy,
locally sourced foods, fitness centers, ample vacation time.
And encouraging time outside the office for
volunteer work through Google Serve, their community outreach unit.
As a result, Google has reported a lower turnover rate, which has reduced staffing
costs for the organization as it has not had to recruit as many replacements.
An organizational scorecard provides a comprehensive assessment of
an organization's overall safety and health program performance.
It considers various measures, including incident reports,
audit scores, perception survey results from management and
workers, and financial costs associated with safety programs.
By considering multiple actions, the scorecard helps HR evaluate
the effectiveness of safety and health programs in achieving desired outcomes.
Now that you've learned about the of HR in an organization's health and
safety, next we will explore OSHA.
In this video, we will explore
the Occupational Safety and
Health Administration, OSHA,
it's purpose, potential hazards in the workplace,
and the common violations
that employers should be aware of.
Then we will discuss how employers maintain
incident records and
the specific forms they must complete.
By the end of this video,
you will have a thorough understanding of OSHA's role,
regulations and processes.
Let's get started.
The Occupational Safety and Health Administration
is a vital agency under the US Department of Labor.
Its primary objective is to enforce
health and safety regulations at the federal level,
working with both employees and employers.
Established in 1971, OSHA has significantly reduced
workplace related deaths by
60 percent and workplace related injuries by 40 percent.
OSHA provides a valuable assistance to
employers in achieving compliance with regulations.
They offer resources, posters,
and various tools to support
organizations in creating safe work environments,
such as safety guidelines,
training materials, or online courses.
Additionally, OSHA has
implemented the whistleblower protection program,
safeguarding employees from retaliation or
termination when they help identify
employee health and safety violations.
Most organizations fall under
OSHA's standards and are subject to inspections.
However, specific low-risk organizations or those with
10 or fewer employees
may be exempt from OSHA requirements.
OSHA is committed to educating employees and employers
about complying with industry requirements and standards,
especially in the oil and gas,
service and storage industries.
Let's review a few potential hazards and
their sources as outlined in
the OSHA industry profile from 2004.
The struck by hazard involves the risk
of being struck by various objects in the workplace.
Examples include falling or moving pipes,
tongs, spinning chains,
and high-pressure hose connection failures.
They could possibly strike
employees while they are working.
The caught in between hazard occurs when
an employee or their clothing
is caught in machinery or equipment.
Examples include collars, tongs,
and spinning chains that entangle clothing
and the risk of the rotary table or drill string.
The fire explosion high-pressure release hazard
involves the potential for fires,
explosions, or high-pressure releases in the workplace.
Examples include well blowouts, drilling,
or swabbing operations that release
gas which may ignite if not controlled at the surface.
Now, let's consider
a few frequent OSHA violations you might experience.
Organizations must ensure employees use
the provided protective equipment
even if employees find it uncomfortable.
It is their responsibility to enforce its usage.
In smaller businesses,
it is essential to keep the extinguishers
charged and other firefighting
and escape equipment in place.
Organizations handling hazardous materials must
maintain meticulous records as the law requires.
Many OSHA violations are not by design,
but rather the result of things not
being properly handled
or of equipment and furniture being moved into
a hazardous position because
of its perceived convenience.
Now that we have explored
potential hazards identified by OSHA,
let's discuss the process employers
follow when injuries or illnesses occur.
OSHA's record-keeping
requirements state that employers with
more than 10 employees must
record serious work-related injuries and illnesses.
For example, if an employee's injured during a fire in
the workplace and requires
medical attention beyond first aid,
the employer must keep a record of the incident.
If an employee is killed on the job,
employers must notify OSHA within eight hours.
If an employee is hospitalized
due to a work-related injury,
amputation, or loss of an eye,
the employer must notify OSHA within 24 hours.
To report such incidents,
contact the nearest OSHA office or
hotline or report the incident online.
During the reporting process,
you must provide important details,
including the name of the business,
the employee's name,
the location and time of the incident,
the contact person, and a valid phone number.
There are three forms for
recording work-related injuries and illnesses.
Form 300, 300-A, and 301.
Employers must use Form 300 named the log of
work-related injuries and illnesses to record
all reportable injuries or illnesses in the workplace.
Employers must complete and certify Form 300-A,
known as the summary of
work-related injuries and illnesses every year.
This form serves as
a comprehensive summary of the incidents that occurred in
the workplace throughout the calendar year and
should be certified by a company executive.
Once the form is finalized,
it must be posted
alongside other notices in the workplace for
three months from February 1st until April 30th.
The final form is Form 301,
known as the injury and illness incident report.
Employers use this form to record
information on how each injury or illness occurred.
Another thing an HR professional needs to know is for
how long should employers maintain these records?
Employers are responsible for keeping records
onsite for a minimum of five years.
In addition to maintaining and posting these records,
employers must provide copies to
current and former employees
or their representatives upon request.
Play video starting at :6:39 and follow transcript6:39
By understanding potential hazards, common violations,
and the importance of compliance,
employers can create safer work environments
and protect their employees from harm.
Remember, everyone is responsible for
prioritizing occupational safety and
health in the workplace.
As an HR professional,
understanding OSHA is a
vital for maintaining compliance with regulations and
fostering a safe work environment for employees.
Let's delve into key information about
OSHA standards including
the hazard communication standard,
HCAHPS and safety data sheets,
SDS, as well as the rights of employees and employers.
As you all ready learned
OSHA issues standards that serve as
guidelines for enforcing
workplace safety and health regulations.
These standards are designed to protect
workers and ensure a safe working environment.
OSHA has issued over 50 general standards
containing dozens or
even hundreds of individual standards.
The standards cover various industries
such as general industry,
construction, maritime, record keeping, and agriculture.
One necessary OSHA standard
is the Hazard Communication Standard,
also known as the right to know law.
The HCS requires employers to inform
employees about hazardous chemicals
they may encounter in the workplace.
It ensures that dangerous chemicals are correctly
labeled and that a list of them is regularly maintained.
Additionally, employees must receive
training on how to handle these chemicals safely.
According to OSHA when employees are
informed about the chemicals they come into contact with,
they can take efforts to
reduce work-related illnesses and
injuries caused by chemicals by reducing their exposure,
using less hazardous materials and
ensuring they are following proper work practices.
The HCS requires organizations
to identify staff who will be
responsible for implementing and maintaining compliance,
identifying, labeling, and training about
all the hazardous materials in the workplace
along with preparing and
implementing the hazard communication program.
OSHA standards also require
employers to provide safety data sheets or
SDS for every chemical substance employees
may come into contact with while working.
The SDS document describes
the potential risks associated with a chemical substance,
its composition, and proper handling procedures.
This provides crucial information to protect employees
from hazards and helps to
create safer working conditions.
OSHA not only create regulations
to which the organization must adhere,
but they also safeguard
employee's rights by establishing guidelines.
Employees may request inspections,
exercise their rights without retaliation,
receive comprehensive training on
hazards and OSHA standards,
access test results and records,
and file complaints without penalties.
If an organization violates
OSHA regulations and compromises in place safety,
employees can file a complaint with
OSHA and request an inspection.
Well, OSHA regulations often
focused on protecting workers rights.
The act also grants some rights to employers.
First, employers have the right to try
influencing health and safety standards by writing to
the OSHA standard Advisory Council
or attending hearings relating to particular standards.
Employers also have the right to contact
the National Institute of
Occupational Safety and Health to find
information about whether a specific substances
used in their workplace or toxic.
Finally, employers may request
permanent or temporary waivers if they
cannot meet OSHA standards in certain situations.
Play video starting at :4:4 and follow transcript4:04
You now understand the regulations
that protect workplace safety and health,
such as the hazard communication standard
and safety data sheets.
Remember, employees have rights
including the right to request inspections,
receive training and access relevant information.
Employers also have the right to participate in shaping
safety standards and seek guidance when needed.
Working together can create
a safer and healthier work environment for all.
You are now familiar with
the Occupational Safety and Health Administration, or OSHA.
An agency of the US Department of Labor
that enforces health and safety regulations.
In this video, we will explore the process of on-site,
and off-site investigations that OSHA conducts.
As well as the different types of violations and
corresponding penalties for organizations
that fail to comply with these regulations.
Let's get started.
On-site OSHA investigations occur
when the agency determines it is
necessary to investigate the conditions
at a particular worksite.
These investigations follow a specific procedure.
First, a Compliance Safety and Health Officer
visits a workplace,
and informs the relevant authority
that they will start an investigation.
The employer then may verify
the compliance officer's credentials,
what they will investigate, and why.
Next, the compliance officer inspects the worksite,
typically with both a member of
management and an employee,
and informs them of any violations.
It's important to note that employees do not
have a right to accompany the compliance officer.
Due to a limited number of Compliance, Safety,
and Health Officers, the agency
prioritizes workplaces with the highest risk of danger.
But how does OSHA determine which sites are most at risk?
OSHA investigates sites according
to five levels of importance.
The least priority is follow-up inspections,
followed by planned or
programmed high-hazard inspections.
Compliance officers conduct follow-up inspections
after a violation has been identified to
verify that an employer has taken steps to eliminate
those violations and meet
the appropriate regulations and standards.
Planned and programmed inspections are routine for
worksites involved in hazardous industries or activities.
Moderate priority is given to worksites where
employee complaints have prompted an inspection.
Finally, worksites where catastrophes
have triggered inspections,
or whether is some imminent danger to employers,
are given the highest priority.
A catastrophe is defined as
an incident that results in the hospitalization
of three or more employees
or the death of one or more employees.
In certain situations, OSHA may
forgo an on-site investigation,
and conduct an off-site investigation instead.
Compliance officers conduct
off-site investigations via telephone.
During an off-site investigation,
the compliance officer informs
the employer as to the type of violation,
or violations they are investigating.
The employer has up to five days to
indicate how they will address
these violations in writing.
This can be done through either mail or fax.
Off-site investigations may be
conducted if any of the following occur.
There is no indication that employees
are endangered due to a violation,
the worksite is not identified as a high risk industry.
The employer does not have a history of violations,
and the employer has
complied with previous OSHA requests.
Currently, OSHA investigates
six different violation types.
Let's review each,
and the accompanying penalties.
A de minimis violation
occurs when a standard is violated,
but that violation does not currently affect the health,
or safety of employees.
When this violation occurs,
the employer will be informed but will not be cited.
Other-than-serious violation,
occurs when a standard is violated,
that does affect the health and safety of employees,
but no harm is imminent.
The penalty for this violation is
a citation against the organization,
and they may also be required to pay a fine of up
to $7,000 per violation.
A serious violation occurs when there is
an imminent risk that
an employee will be harmed or killed.
The employer will be cited for the violation,
and may be required to pay a fine of up
to $7,000 per violation.
A failure to abate violation
is issued if an employer continues to
violate a standard after
a previous OSHA investigation
establishes a date of abatement.
The employer will be cited for the violation,
and may be required to pay a fine of up to
$7,000 per violation each day after the abatement date.
A repeat violation occurs
after an employer violates the same,
or a similar standard,
after an OSHA investigation.
The employer will be cited for the violation,
and may be required to pay a fine of up
to $70,000 per violation.
A willful violation occurs when
employers intentionally ignore,
or violate OSHA standards.
The employer will be cited for the violation,
and required to pay fines between $5,000 and $70,000.
If an employee dies from a violation,
an employer may face additional penalties and jail time.
Play video starting at :5:46 and follow transcript5:46
You have just learned that on-site and
off-site OSHA investigations are
conducted to ensure workplace compliance.
Violations can result in citations
and fines ranging from de minimis,
to willful violations with increasing severity.
Next, we will delve deeper by exploring safety,
and health issues in the workplace
Federal Laws on Health and Safety
Risk Management
Federal Laws on Health and Safety
Risk Management
Organizations in the U.S. are obligated to protect their employees’ health and safety in the
workplace. Over the last few decades, a few important laws and regulations have been enacted
to guide organizations in this effort. In this reading, you’ll read about a few of these laws.
The Mine Safety and Health Act
The Mine Safety and Health Act of 1977 established the Mine Safety and Health Administration
(MSHA). The MSHA protects the safety of coal miners and other mine workers. The act
established mandatory standards and monitoring operations. It also established record-keeping
protocols for casualties and fatalities in mines. Detailed guidance on mine hazards and
information about how to prevent accidents can be found at the MSHA's website.
Drug-Free Workplace Act
The Drug-Free Workplace Act of 1988 aims to prevent workplace accidents arising from
employee drug use. The law requires any employer that receives federal funding, or has federal
contracts totaling at least $100,000 annually, to establish a drug-free policy for the workplace.
Such a policy must bar employees from using, distributing, manufacturing, or possessing illegal
drugs in the workplace and also prohibit them from working under the influence of drugs.
Employers must also establish an awareness program to educate employees about the problems
that can arise from workplace drug use and let them know where they can seek help if they need
it.
Furthermore, employees who use illegal drugs are not protected by the Americans with
Disabilities Act, although employees who have been successfully rehabilitated for usage of illegal
drugs are still protected.
Needlestick Safety and Prevention Act
Some workers risk exposure to blood-borne illnesses and pathogens because they work with or
around needles. The Needlestick Safety and Prevention Act of 2000 aims to protect these
workers by requiring that employers keep recordings of needlestick and sharps injuries. This
documentation helps protect employees who have been injured, and requires employers to
remain vigilant and explore devices that dispose of needles and sharps or reduce the risk
involved in working with them.
Sarbanes-Oxley Act
Not all risk-related legislation and regulation involves the Occupational Safety and Health
Administration, or OSHA. The Sarbanes-Oxley Act, or SOX Act, was passed in 2002 with the aim
of holding senior executives responsible for the financial practices of an organization. The act is
intended to discourage crimes like accounting fraud or record tampering committed by
employees, usually at the senior executive level. If these actions conceal or alter financial
information that, under the law, must be made available to shareholders or the Securities and
Exchange Commission (SEC), the organization and its leadership will be held accountable. The
law also increases the penalties for white-collar crimes and requires the regular disclosure of
financial reports to the SEC.
The SOX Act also prohibits employers from retaliating against whistleblowers—employees who
refuse to participate in or report financial misconduct or financial conduct they reasonably believe
violated federal law.
Common-Law Doctrines
There are a number of important common-law doctrines pertaining to employee safety. These
include:
The Doctrine of Contributory Negligence
If an employee's actions contribute to their becoming ill or injured, this doctrine can be used to
mitigate or lessen the employer's responsibility.
The Fellow Servant Rule
According to the fellow servant rule, employers are not responsible for injuries caused to an
employee by a fellow employee. For example, an employer is not liable for injuries caused to an
employee during a physical altercation with a colleague, even if those injuries occurred on
company property.
Voluntary Assumption of Risk
This rule recognizes that employees working in dangerous positions recognize and accept the
risks they face.
Conclusion
There are many laws and regulations that protect both employees and employers and encourage
safer, healthier workplaces. As an HR professional, it’s essential to be familiar with these
regulations.
As you continue to learn about HR's role in workplace health and safety, let's
discuss a few specific health and safety issues organizations should address.
According to Alert Media's 2023 report, 84% of employees think their
employers can do more to make them feel prepared to face emergencies at work.
What does that mean for organizations?
Ensuring the health and safety of workers remains crucial in any workplace.
Let's review some key aspects that organizations should address.
First, employees should be protected from potentially hazardous equipment and
substances.
This includes providing adequate safety measures such as protective gear,
proper training on handling dangerous materials, and
implementing safety protocols to minimize risks.
Next, workers should receive comprehensive training to minimize
risks associated with their jobs.
This includes properly operating heavy machinery, adhering to safety protocols,
and ensuring employees use keyboards in an ergonomically correct manner.
Buildings should also meet safety standards to protect occupants.
Examples of building safety standards include proper ventilation,
fire protection measures such as fire alarms and sprinklers, and
regular inspections to identify and address structural hazards.
Organizations are responsible for designing,
testing, and educating all employees on emergency procedures.
According to OSHA,
an emergency action plan outlines the specific actions that employers and
employees need to take to ensure safety in the event of fires or other emergencies.
This plan may include crucial information, such as the organization's
preferred method for reporting emergencies and evacuation policies and procedures.
Finally, workers with drug, alcohol or mental health issues
should not pose a risk to themselves or others while on the job.
Organizations should establish policies to identify and
support employees facing these challenges,
ensuring their well being, and preventing potential hazards.
Employees' health directly impacts an organization's productivity and,
in turn, its financial results.
The Centers for Disease Control and Prevention estimates that the indirect
costs of poor health including absenteeism, disability, and
reduced work output, may be several times higher than direct medical costs.
The CDC calculated that productivity losses related to personal and
family health problems cost US employers $1,685 per employee annually,
or 225.8 billion total annually.
Along with chronic diseases,
several health issues directly relate to the workplace.
Let's review these, for people working with a laptop or
desktop computer, carpal tunnel syndrome of the wrists is quite common.
Repetitive motion issues affect employees tendons,
which may become inflamed from the stress of repeated motions.
Organizations can help by providing ergonomic desks, chairs, and
computer equipment, as well as training about preventing repetitive
motion problems and offering physical fitness programs.
Lower back disorders or strains are common among factory and
warehouse workers who lift, push or pull heavy items incorrectly.
However, lower back disorders can also result from sitting for prolonged periods.
Organizations must hire and retain qualified HIV AIDS infected persons
unless the debilitation interferes with the person's job performance.
The organization must also educate all employees about how AIDS is,
and is not transmitted.
Substance abuse costs companies approximately $1 billion per
year in lost productivity, accidents, workers compensation,
health insurance claims, and property theft.
The 1988 Drug Free Workplace Act states that organizations should
notify employees of the dangers of drug abuse in the workplace and
any drug counseling, rehabilitation, and
employee assistance programs the organization offers.
Additionally, employees must be made aware of penalties for
drug abuse violations in the workplace.
To prevent substance abuse problems in the workplace, organizations
can screen applicants, discharge employees identified as substance abusers,
train supervisors and managers to observe and detect signs of substance abuse,
provide employee assistance programs such as counseling, and
develop written substance abuse policies.
American workers value their jobs and
often work more hours than their counterparts in other parts of the world.
As a result, American workers experience a high stress level that
may cause erratic eating habits, weight problems,
high blood pressure, and elevated cholesterol levels.
Regarding job performance, a manager may observe an employee who seems burnt out,
irritable, and cynical, which can be signs of depression.
To help combat workplace stress and other health issues,
organizations can offer wellness programs such as nutrition,
fitness, relaxation or yoga, and employee assistance programs.
Organizations can also offer a variety of training programs,
including time management or assertiveness and
even social skills training to reduce stress.
Risk factors for workplace violence encompass various aspects,
such as interacting with the public,
handling financial transactions, and providing goods or services.
Among these incidents, nonfatal assaults are the most prevalent,
leading to the loss of workdays and wages.
Since no universal prevention strategy applies to all workplaces,
implementing a violence prevention program involves crucial
elements like incident documentation, established procedures,
and open communication between management and employees.
While employers have a clear legal, economic, and
moral interest in the health and well being of employees,
it is still necessary to respect employees' rights to privacy.
The Health Insurance Portability and Accountability Act, HIPAA,
regulates access to protected health information.
Protected health information is any information collected or
created by an entity involved in healthcare that could be connected
to a particular patient or individual.
In almost all cases, HIPAA prohibits acquiring protected health
information without a patient's written authorization.
Play video starting at :7:58 and follow transcript7:58
Understanding safety and health issues in the workplace,
will help you manage risks, ensure compliance with regulations,
promote employee wellbeing, and mitigate potential liabilities in the workplace.
In every organization, it is not
uncommon for certain employee behavior issues to
arise which can significantly
impact the work environment and employee productivity.
As an HR professional,
understanding and effectively addressing
these issues is necessary
for a safe and healthy work environment.
In this video, we will explore some of
the most common employee behavior issues and
discuss how HR plays a crucial role in handling them.
The most common behavioral issue in
the workplace is poor work performance.
Poor performance can be many things,
such as repeated missed deadlines,
failure to meet company standards,
tardiness or early departures,
policy violations,
lack of enthusiasm toward work, and more.
When faced with such a situation,
effective communication becomes the most valuable tool
in handling an employee with work performance issues.
Insubordination occurs when employees refuse to
comply with authority figures or do not follow orders.
This behavior can stem from
various reasons but usually reflects a lack of respect.
It is vital to foster a work environment that promotes
respect and courtesy to prevent insubordination.
Absenteeism refers to the regular absence
of an employee from work.
It can be due to illness,
personal problems, or without any stated reason.
Many organizations track and record the absenteeism rate,
which indicates the average number of
days an individual does not come into work.
This information can be used for
appropriate disciplinary measures if necessary.
Inappropriate behavior includes gossiping,
using offensive language, discrimination,
harassment, bullying,
intimidation, taking credit for
someone else's work, and stalking.
Employees conducting inappropriate behavior at
work must be disciplined internally,
and potentially, externally by
law enforcement depending on the infraction.
Employee conflicts can take
various forms including verbal,
written, or physical disputes.
These conflicts may arise from differences in lifestyle,
compensation, organizational issues, and more.
The first step in addressing employee conflict
is identifying the nature and root causes.
Violence, as well as the threat of violence,
is the most extreme behavior issue in the workplace.
Organizations should address violence
in the workplace delicately but swiftly.
Law enforcement will likely be involved if
a violent active committed in the workplace.
Play video starting at :3: and follow transcript3:00
Addressing employee behavior issues is vital for
creating a positive and productive work environment.
As an HR professional,
you are crucial in understanding and
effectively managing these workplace behaviors.
In this video, we will discuss
alcohol and legal drug use in the workplace.
It's important for organizations to
navigate these issues carefully to
ensure both employee well-being
and productivity. Let's begin.
Alcohol consumption is generally not a concern for
employers if it does not
impact an employee's work performance.
However, if an employee's
alcohol consumption affects their job,
employers have the right to take action.
It's crucial to note that
federal laws such as the Americans with Disabilities Act,
protect employees with
alcoholism from workplace discrimination.
Employers cannot make employment decisions
solely based on an employee's alcoholism.
However, if an employee fails to meet
performance standards compared to their co-workers,
they may take appropriate disciplinary
action including termination.
Many employees take prescribed medications
or over-the-counter drugs such as sleeping aids,
cold medicine, or painkillers.
Employers generally have
no concerns about employees taking
legal drugs unless it
impairs an employee safety or performance at work.
Some medications can cause
drowsiness or cognitive impairments,
hindering an employee's ability to meet job requirements.
Disability laws at the state and federal levels may
limit employers options when
dealing with drug-related issues.
If the employee has a legally qualified disability,
the employer may have to accommodate their drug use.
Marijuana is the most commonly
found drug in workplaces today.
Employers often use a five panel tests
to check for marijuana,
cocaine, phencyclidine, amphetamines, and opiates.
They conduct drug tests before and during
employment to ensure employees follow workplace rules.
To ensure reliable testing,
employers may maintain a chain of custody to track
every individual responsible for collecting
a sample from collection to testing.
Certain jobs have specific work policies
based on federal laws.
These policies aimed to maintain a drug-free workplace,
especially for jobs that impact employee safety,
the safety of others, and data security.
Federal acts such as
the Controlled Substance Act
and the Drug-Free Workplace Act,
influenced drug policies implemented in workplaces.
Understanding state laws on marijuana is
crucial for creating an effective workplace drug policy.
Some states prohibit
certain pre-employment marijuana testing
or has specific rules
about interpreting positive results.
In the absence of state laws,
employers follow federal guidelines.
In addition, some organizations may accommodate
the lawful use of medical marijuana
by employees outside of working hours.
Certain provisions are necessary to ensure
that the work environment remains unaffected.
To obtain permission for medical marijuana use,
employees must provide a valid medical marijuana card,
which confirms legal use for medical purposes.
These cards are typically issued
by the state's public health or
human resources department and must be renewed annually.
Employees also have the responsibility
to provide evidence that
marijuana is the most suitable treatment
for their health condition,
and demonstrate an understanding
that marijuana usage must
not interfere with work or
compromise a safe work environment.
Play video starting at :3:55 and follow transcript3:55
Managing alcohol and legal drug use
in the workplace requires
balancing employee rights and
maintaining a productive work environment.
As an HR professional,
it is important to stay informed about
relevant laws and policies
to create a fair and safe workplace
In this video, we will discuss
three important topics: HIPAA,
COBRA, and ADA.
You will recall learning about these earlier.
Let's recap why they play a vital role in
ensuring employee well-being and
compliance in the workplace.
If an organization offers
health insurance as an employee benefit,
the Consolidated Omnibus Budget Reconciliation Act,
or COBRA, and
the Health Insurance Portability and Accountability Act,
or HIPAA, apply when
an employee is terminated or resigns from a job.
The Americans with Disability Act, ADA,
ensures equal opportunities and
prohibits discrimination
against employees with disabilities.
Regardless of pre-existing conditions
an employee must be allowed to switch to a new job and
transfer the insurance from their previous employer to
a new insurance program according to HIPAA regulations.
This provision serves a crucial purpose.
It prevents discrimination within health care plans.
It ensures that employees maintain
consistent and uninterrupted access to
the same level of care for their existing conditions.
By upholding the standards,
HIPAA promotes fairness and
equality and health care coverage.
Safe guarding the well-being of
employees during job transitions.
COBRA requires employers to allow employees to
purchase a health care coverage extension
after being terminated or resigning.
This means that even after leaving their job,
employees can maintain their health insurance coverage
for a limited period.
This coverage extension proves
crucial during the job search process,
ensuring employees have continued access to
health care services while transitioning to a new job.
ADA ensures that organizations create
job duties and tasks with reasonable accommodations,
prohibiting discrimination against
potential employees with disabilities.
This legislation promotes
equal opportunities in employment,
allowing individuals with disabilities to perform
essential job functions with
the necessary support and accommodations.
For example, if a job requires lifting heavy objects,
the ADA may require the employer to provide
a mechanical lifting device or assign a coworker
to assist an employee with
a disability to perform the task.
Play video starting at :2:40 and follow transcript2:40
Understanding the importance of these laws,
HR professionals can protect employee well-being,
prevent discrimination,
and foster an inclusive work environment.
Applying this knowledge and their practices,
HR professionals play a crucial role in upholding
workplace compliance, fairness, and equality
Overview HR and Workplace Health
and Safety
Overview: HR and Workplace Health
and Safety
Organizations in the U.S. have both a legal and moral obligation to provide workplaces that
ensure the safety and health of their employees. Over 100 years ago, workers began to unionize
for safer working conditions, and since then, the U.S. government has created regulations,
standards, and laws to ensure safe working environments for all employees. In this reading,
you’ll get an overview of issues and regulations that affect the safety of all employees.
The Occupational Safety and Health
Administration (OSHA)
The primary objective of the Occupational Safety and Health Administration, or OSHA, is to
enforce health and safety regulations at the federal level, working with both employees and
employers. OSHA provides valuable assistance to employers in achieving compliance via
resources, posters, and other tools to support organizations in creating safe work environments.
Additionally, OSHA has implemented the Whistleblower Protection Program, safeguarding
employees from retaliation or termination when they help identify employee health and safety
violations.
OSHA Standards
OSHA has issued over 50 general standards containing hundreds of individual standards for
enforcing workplace safety and health regulations. The standards cover various industries such
as general industry, construction, maritime, record-keeping, and agriculture. Two of the most
important to know are:
1. Hazard Communication Standard (HCS), or the Right-to-Know Law: requires employers
to inform employees about hazardous chemicals they might encounter in the workplace.
This standard ensures that dangerous chemicals are correctly labeled and that a list of
them is regularly maintained. Additionally, employees must receive training on how to
handle these chemicals safely.
2. Communication Program: requires employers to provide Safety Data Sheets, or SDSs,
for every chemical substance employees might come into contact with while working. The
SDS document describes the potential risks associated with a chemical substance, its
composition, and proper handling procedures.
Employees may request inspections, exercise their rights without retaliation, receive
comprehensive training on hazards and OSHA standards, access test results and records, and
file complaints without penalties. If an organization violates OSHA regulations and compromises
employee safety, employees can file a complaint with OSHA and request an inspection.
Safety and Health Issues in the
Workplace
Ensuring the health and safety of workers remains crucial in any workplace, and there are some
key aspects that organizations should address:
Employees should be protected from potentially hazardous equipment and substances.
Employees should receive comprehensive training to minimize risks associated with their
jobs.
Buildings should meet safety standards to protect occupants.
Organizations are responsible for designing, testing, and educating all employees on
emergency procedures.
Employees with drug, alcohol, or mental health issues should not pose a risk to
themselves or others while on the job.
Employees' health directly impacts an organization's productivity and, in turn, its financial results.
Along with chronic diseases, several health issues directly relate to the workplace. The most
common include:
Working with a laptop or desktop computer can cause carpal tunnel syndrome of the
wrists.
Physical labor, such as factory or warehouse work that requires workers to lift, push, or
pull heavy items can cause lower back disorders or strains when the work is done
incorrectly.
American workers often work more hours than their counterparts in other parts of the
world, resulting in workers experiencing a high stress level that can cause erratic eating
habits, weight problems, high blood pressure, and elevated cholesterol levels.
Risk factors for workplace violence encompass various aspects, such as interacting with
the public, handling financial transactions, and providing goods or services.
Employee Behavior Issues
In every organization, it is not uncommon for certain employee behavior issues to arise, which
can significantly impact the work environment and employee productivity. As an HR professional,
understanding and effectively addressing these issues is necessary for a safe and healthy work
environment. The most common behavior issues include:
Poor work performance: repeated missed deadlines, failure to meet company standards,
tardiness or early departures, policy violations, lack of enthusiasm toward work, and
more.
Insubordination: when employees refuse to comply with authority figures or do not follow
orders
Absenteeism: the regular absence of an employee from work due to illness, personal
problems, or without any stated reason.
Inappropriate behavior: gossiping, using offensive language, discrimination, harassment,
bullying, intimidation, taking credit for someone else's work, and stalking.
Employee conflicts: verbal, written, or physical disputes that arise from differences in
lifestyle, compensation, organizational issues, and more
Violence, as well as the threat of violence: the most extreme behavior issue in the
workplace, which should be addressed delicately but swiftly. Law enforcement will likely
be involved if a violent act is committed in the workplace.
Alcohol and Legal Drug Use
Alcohol consumption is generally not a concern for employers if it does not impact an employee’s
work performance. Likewise, many people take prescribed medications or over-the-counter
drugs, such as sleeping aids, cold medicine, or painkillers with no impact on their work. Still,
there are some rules to keep in mind when alcohol or substance use might be at play.
Alcohol Use
If an employee's alcohol consumption affects their job, employers have the right to take action.
It's crucial to note that federal laws, such as the Americans with Disabilities Act, protect
employees with alcoholism from workplace discrimination. Employers cannot make employment
decisions solely based on an employee's alcoholism. However, if an employee fails to meet
performance standards compared to their coworkers, employers can take appropriate disciplinary
action, including termination.
Legal Drug Use
Some medications can cause drowsiness or cognitive impairment, hindering an employee's
ability to meet job requirements. Disability laws at the state and federal levels can limit
employers' options when addressing drug-related issues. If the employee has a legally qualified
disability, the employer might have to accommodate their drug use. On the other hand, certain
jobs have specific work policies based on federal laws. These policies aim to maintain a drug-
free workplace, especially for jobs that impact employee safety, the safety of others, and data
security.
Marijuana
Understanding state laws on marijuana is crucial for creating an effective workplace drug policy.
Some states prohibit certain pre-employment marijuana testing or have specific rules about
interpreting positive results. In the absence of state laws, employers follow federal guidelines. In
addition, some organizations can accommodate the lawful use of medical marijuana by
employees outside of working hours. Certain provisions are necessary to ensure that the work
environment remains unaffected.
Laws and Regulations in Health
If an organization offers health insurance as an employee benefit, the Consolidated Omnibus
Budget Reconciliation Act (COBRA) and the Health Insurance Portability and Accountability Act
(HIPAA) apply when an employee is terminated or resigns from a job.
Further, the Americans with Disabilities Act (ADA) ensures equal opportunities and prohibits
discrimination against employees with disabilities.
Regardless of pre-existing conditions, an employee must be allowed to switch to a new job and
transfer the insurance from their previous employer to a new insurance program, according to
HIPAA regulations. COBRA requires employers to allow employees to purchase a health care
coverage extension after being terminated or resigning. The ADA ensures that organizations
create job duties and tasks with reasonable accommodations, prohibiting discrimination against
potential employees with disabilities.
Conclusion
There are a number of workplace safety regulations, laws, and organizations that monitor and
enforce them. Knowing which apply to your organization and how to implement them is an
important part of an HR professional’s’s job.
Now that you've been introduced to
HR's role in workplace health and safety,
let's delve into the workplace hazards
and threats HR professionals should be aware of.
Previously you were introduced to
different health and safety concerns that can
occur in the workplace according to OSHA.
You learned about hazards such as struck by,
and fire, and explosions.
In this video, we will explore
a different kind workplace hazards,
environmental health hazards.
An environmental health hazard
is anything that is present in
an employee's work environment that can
have a negative impact on the employees health.
The three main types of
environmental hazards are biological hazards,
chemical hazards and physical hazards.
Let's discuss each.
A biological hazard is a specific activity, condition,
or contaminated object that may
expose an employee to an infectious disease.
Contaminated food and sanitary conditions,
and dirty needle sticks are
examples of biological hazards.
The infectious diseases employees are most
commonly exposed to are HPV,
also known as hepatitis B,
a liver disease that is frequently transmitted by
dirty needles or mishandling of bodily fluids.
HIV, the human immunodeficiency virus,
which causes AIDS and can be transmitted by
dirty needles or mishandling of bodily fluids.
TB or tuberculosis, which is
a lung disease usually
transmitted by coughing or sneezing.
A chemical hazard is
a substance that an employee regularly
handles or is present in
the work environment that can cause illness or death.
Toxic chemicals, radioactive materials, explosives,
and disease causing contaminants such as coal dust,
are all examples of chemical hazards.
A physical hazard refers to a condition, design flaw,
or unsafe objects that can
jeopardize the safety and health of employees.
Let's review the three types of physical hazards.
First, ergonomic hazards result
from repeated or unnatural emotions,
potentially leading to musculoskeletal injuries
or conditions like carpal tunnel syndrome.
Second, tangible hazards
involve unsafe objects conditions,
or procedures that can cause
workplace accidents or other safety hazards.
Examples may include unguarded machinery,
slippery floors, or insufficient safety protocols.
Last, stress hazards arise from
extreme emotional or physical stress,
potentially resulting in anxiety,
panic attacks, exhaustion, and heart problems.
Stress hazards may include
prolonged or unpredictable work hours, tight deadlines,
and tense relationships between employees,
which can involve bullying and interpersonal conflict.
As you learned earlier in the program,
hazard pay compensates employees for
the physical and psychological risks
they encounter on the job.
Hazard pay is usually an additional hourly hazard rate.
Although some employers pay
a lump sum bonus after the hazardous duty.
Play video starting at :3:44 and follow transcript3:44
Environmental health hazards include biological,
chemical, and physical risks in the workplace.
Recognizing and addressing these hazards helps ensure
a safe working environment
and promotes employee well-being
Ensuring the safety of employees is crucial for any organization, and
safety campaigns and programs play a key part in achieving that goal.
In this video, we will explore the different safety initiatives HR
departments implement to promote a safe working environment.
OSHA requires organizations to provide training about any
hazardous materials in the workplace and how to keep them safe.
Whether training is virtual or in the classroom,
organizations must educate employees about the hazards and how to avoid injury or
illness from interactions with hazardous materials or situations.
In addition to mandatory training programs, organizations might consider
implementing safety awareness programs, accident prevention programs, safety
incentive programs, and safety audits to address potentially dangerous work.
Let's discuss each of these as well as managers role in these practices.
A safety awareness campaign is crucial in raising
employees awareness of existing and potential hazards.
This program uses various communication tools such as posters,
publications, films, bulletins, pamphlets, newsletters,
and displays to engage and inform individuals about safety practices and
potential risks in the workplace.
An accident prevention program educates employees about potential hazards and
how to identify them.
This includes how and when to report potential hazards and injuries,
what to do in emergency, where first aid kits are located,
how to exit the workplace, and the proper use and care of protective equipment.
This type of program usually involves training or employee safety meetings,
as well as written job AIDS,
which serve as immediate reminders of what to do in an emergency type situation.
Play video starting at :2:8 and follow transcript2:08
An organization may choose to implement a safety incentive program.
An effective program will reward safety related behaviors such as reporting
safety violations, making safety suggestions, preventing unsafe situations,
and encouraging employees to volunteer for safety committees.
The goal is to educate employees about staying healthy and safe and
encourage them to think about safety regularly.
Another way to ensure a safe workplace is by conducting voluntary safety audits.
These audits help identify any unsafe behavior and
potential safety issues in the workplace.
They are usually done through surveys to assess compliance and
uncover any concerns.
Organizations incorporate safety audits into existing mobile platforms and
wearable devices to make the process more efficient.
This integration reminds employees to take breaks or maintain their tools,
especially in the manufacturing, transportation, logistics,
biomedical, biotech, and IT industries.
While organizations may implement these programs who upholds them,
that's where managers become involved.
They should lead by example in promoting employee health and safety.
Managers are key to ensuring organizations meet and exceed compliance regulations.
To promote safety and awareness, managers should implement various
departmental programs such as training regular inspections,
employee safety committees, and seeking employee feedback and observations.
It is essential to monitor for potential hazards and proactively address them.
When employees raise health or safety concerns, managers should listen
attentively, handle complaints, and encourage them to suggest improvements.
Engaging employees and wellness initiatives is also an effective
strategy for managers to prioritize employee safety and wellbeing.
By implementing health and safety programs,
managers can reduce costs associated with sick days, production delays,
workers compensation claims, legal issues and more.
Play video starting at :4:34 and follow transcript4:34
You have just explored different safety campaigns and
programs that HR departments can implement to ensure a safe working environment.
By prioritizing safety and implementing these initiatives, organizations
can educate employees, prevent accidents and create a culture of safety.
Together, these efforts contribute to a safer and healthier workplace.
In this video, we will
analyze safety and health management plans.
These plans enable organizations to ensure
the well-being of their employees
and maintain a safe working environment.
Let's discuss different types of
plans and their requirements in detail.
Safety and health management plans are also
known as injury and illness prevention plans.
OSHA requires employers to create
specific plans to keep their employees safe,
such as an emergency action plan
and a fire prevention plan.
Organizations with more than 10 employees
must submit written plans to OSHA.
However, organizations with 10 or fewer employees
are only required to submit plans if OSHA requests them.
These plans serve in a central purpose.
They help identify the risks
and dangers in the workplace.
Establish procedures to reduce or eliminate hazards.
Ensure that employees receive
proper training to identify,
prevent, and alleviate these risks.
All safety and health management plans
should include several key elements.
Firstly, they should clearly state
the organization's policy regarding the program.
Secondly, they should have
a statement of support from senior management
that emphasizes their involvement
and dedication to the program's success.
Additionally, the plans should
detail how employees are included in the process,
and how they will receive
the necessary training to ensure that they are
understanding and ability to implement safety measures.
Plans should also identify who is responsible for
the program and the process for reporting issues to them.
Lastly, the plans should address
how the organization will maintain the records
required by OSHA and
ensure compliance with regulatory requirements.
There are several common types of
safety and health management plans.
These plans address a variety of issues.
Fire prevention, business continuity,
emergency action, disaster recovery, and staff training.
Let's review these types of plans more closely.
Fire prevention plans serve as a guide to
identify and address fire hazards within an organization.
Fire prevention plans outline
the specific fire hazards and
provide instructions on handling them effectively.
These plans identify the equipment available to
extinguish fires and specify its location.
The plan should also provide
clear guidelines on proper disposal of
potentially flammable or combustible materials
in order to minimize fire risks.
Another type of plan is business continuity plans.
These plans ensure that organizations sustain
operations during and after emergencies.
Risks to business continuity are
categorized into three main areas.
Natural disasters, such as hurricanes,
floods, fires, or earthquakes.
Man-made, including terrorism,
theft, computer hacking, labor disputes,
or the unexpected departure of key leadership employees,
and biological, such as epidemics or bioterrorism.
Business continuity plans cover
various aspects that include financial,
physical information, and human assets.
Organizations can minimize
disruptions by creating well-defined
business continuity plans that ensure continued
operations even in
challenging and unexpected circumstances.
Another safety and health management plan
is the emergency action plan.
These plans help ensure the safety of employees
during emergencies and workplace evacuations.
An effective emergency action plan
should designate who is in charge
and include evacuation policies
and floor plan escape routes.
The plan should provide instructions for
shutting down critical operations
and methods to account for the safety
of all employees after an evacuation.
The plan should also have notification procedures,
including alarm systems and
accommodations for individuals with disabilities,
visitors, and temporary employees.
The emergency action plan should also outline
procedures for specific incidents like fires,
tornadoes, earthquakes,
and violent attacks, including terrorism.
An emergency response plan
differs from an emergency action plan.
The action plan focuses on
protecting employees during the emergency.
The response plan focuses on
protecting records and resources,
identifying responsible individuals, and
providing guidance on guarding these valuable assets.
Now, how will an organization move forward if
an emergency has disrupted
property systems and processes?
Disaster recovery plans outline
how an organization should
proceed after the initial emergency
and response are over.
This type of plan indicates available equipment
and locations to be used during crisis recovery.
Recovery measures will vary depending on
each organization and the nature of its risks.
Safety training programs are a vital component
of comprehensive safety and health management plans.
These programs inform employees how to address
workplace hazards and uphold a safe working environment.
Typically, the HR department
develops and implements this type of training.
Safety training programs begin with
a thorough risk assessment to
identify workplace safety hazards.
Investigators then explore specific threats to determine
if employee training can
actively mitigate or eliminate them.
Organizations identify
the essential information employees need to know.
Based on these findings,
they establish training goals.
Next, they develop and implement
a training program to meet these goals.
Regularly evaluating the program's effectiveness
allows for proactive adjustments to enhance its impact.
By following this structured approach,
organizations ensure that employees
receive the necessary training to
address workplace hazards effectively
and uphold a safe working environment.
Play video starting at :6:58 and follow transcript6:58
You have just learnt the components of
safety and health management plans.
These plans are crucial for organizations to prioritize
employee well-being and maintain
a safe working environment.
Improving Employee Health
Improving Employee Health
You’ve learned a lot about how it is an organization’s best interest to not only ensure safety
in the workplace, but also employees’ wellness. There are several ways to protect employees
and your organization by caring for employees who are experiencing life challenges.
Addiction Recovery
Drug and alcohol addictions are major problems in American society. Therefore, it is no
surprise that both can also be major problems in the workplace. In addition to the harm done
to individual workers, drug and alcohol abuse can impact an organization and its operations.
Workers with chemical dependency issues are absent more often and, when they are
on the job, tend to be much less productive than their non-impaired co-workers.
Workers who are impaired while on the job have a much greater chance of causing
injury, both to themselves or to co-workers.
Workers who possess illegal drugs in the workplace are breaking the law and creating
risk for the organization as a site for drug dealing.
If an HR professional suspects an employee of having drug or alcohol issues, these suspicions
must not be ignored. Without hard evidence of drug or alcohol involvement, however,
employers can confront only behavior—such as loud disagreements, frequent careless
mistakes, or habitual tardiness. Clear, unpleasant consequences and the option of confidential
substance abuse counseling and treatment often helps employees make a healthy choice.
Even without evidence of a problem, your organization should have a formal drug-free
workplace policy. The federal Drug-Free Workplace Act imposes very specific policy
requirements on all federal agencies and federal contractors. Even if your organization does
not fall under the Act's umbrella, you should consider designing a similar policy of your own.
Stress Management
Stress can be defined as a sense of pressure a person feels when they believe their resources,
either financial, time, job-related, or otherwise, are insufficient to meet their needs. Stress is a
major factor in job-related illnesses, substance abuse, and poor performance.
Employers should be prepared to offer stress management advice. Training managers to
alleviate the stress of their direct reports can help prevent small problems from growing into
larger ones. Training employees to manage their own stress, using several techniques, is also
effective.
Health and Welfare Programs
A health and welfare program is a type of employee assistance program that aims to help
employees adopt healthy practices inside and outside the workplace. Employers benefit from
having a healthy workforce because sick employees are absent more frequently and are less
productive when they are at work. Many health and welfare programs focus on issues like
obesity and smoking.
Insurance Programs
Insurance benefits, offered as part of the terms of employment, also support employee health.
There are regulations describing an employer's responsibility to extend this coverage even
after employees leave a position. The Consolidated Omnibus Budget Reconciliation Act
(COBRA) requires employers to extend a health care coverage purchase option when an
employee is terminated or resigns from a job. The Health Insurance Portability &
Accountability Act (HIPPA) mandates that regardless of pre-existing conditions, a worker
must be able to switch to a new job and transfer the insurance they had with a previous
employer to a new insurance program.
Conclusion
Improving employee health, and offering them support when they are struggling, can
decrease turnover, improve employee satisfaction, and protect your organization and
employees. Having these resources in your toolkit is an excellent start.
In this video, we will discuss
the vulnerabilities of
physical security in the workplace,
including building security,
personnel security, and office security.
As you learn about the different types
of vulnerabilities,
ask yourself how they might
impact the safety and security of
your workplace and why is it
necessary to understand and address these issues.
Buildings are a vital part of physical security.
However, certain vulnerabilities
may compromise their safety.
Let's review a few scenarios.
Buildings in highly trafficked areas may be risky.
The continuous flow of people and
activity can create an environment where
employees may not recognize individuals who do
not work on the premises or pose a potential threat.
This volume increases the chances of
unauthorized access and compromises
the overall security of the building.
Isolated buildings located in
remote areas are particularly vulnerable to break-ins,
as thieves may believe there is
less risk of detection or intervention.
The location of these buildings makes it
easier for potential intruders to go unnoticed,
increasing the likelihood of
unauthorized access and security breaches.
Buildings near natural features such as lakes,
provide an additional enticement for
criminal activity as the buildings near woods.
Buildings that are interconnected or connected to
other structures present
an increased appeal to potential intruders.
This is because intruders can
exploit weaker security measures
in adjoining buildings to
gain access to the target building.
The interconnected nature creates
possible entry points criminals can
leverage to breach the building and security.
An emerging trend in the workplace is shared workspaces,
particularly among smaller organizations.
In shared environments, employees must maintain
a higher level of security
and protect sensitive information.
This protection includes keeping
sensitive data out of view when not actively working.
Next, let's review
personnel security and the vulnerabilities
that pose security threats.
One significant vulnerability in
personnel security is the risk
associated with lost or
under-reported access or ID badges.
Strangers who find these badges may
use them to gain unauthorized entry into
secure areas or sell them
to individuals with malicious intent.
Unattended visitors are another vulnerability.
If an employee leaves a visitor unattended,
this creates an opportunity to
compromise the safety and security of the premises.
Organizations should establish a protocol
to differentiate visitors from employees,
such as identification badges.
If an organization does not designate a reception area,
unattended visitors may wander around
until they locate someone to assist them.
This situation poses risks as visitors could enter
unauthorized areas or discover
sensitive information or equipment.
A dedicated reception area helps provide
a central point for visitors to check
in and receive appropriate guidance.
At some locations, there is a lack of clarity regarding
which areas are off-limits
and which are suitable for visitors.
As a result, employees may
unintentionally guide visitors into
restricted spaces without realizing they are off-limits.
Additionally, employees might not intervene when
a visitor unknowingly wanders into a restricted area.
Tailgating and impersonation are
two specific in-person social engineering tactics
that can bypass physical security measures.
Tailgating is when
an unauthorized individual closely follows
behind authorized individuals to
gain entry to restricted areas.
Impersonation entails pretending to be someone else,
such as an employee,
to deceive security measures and access secure locations.
These tactics exploit human trust and
can undermine the effectiveness
of physical security measures.
Finally, let's review office security vulnerabilities.
Computers that are left turned on
or unlocked poses a security risk.
When left unlocked,
computers provide easy access to sensitive information,
potentially compromising data security.
Unlocked desk drawers can
also create a security vulnerability.
Open or unlocked doors allow
anyone to steal sensitive documents,
compromising the confidentiality
of important information.
Unattended devices become prime targets for intruders.
It is crucial to properly secure and monitor
devices to prevent unauthorized access
and protect sensitive information.
This includes locking screens, using strong passwords,
and implementing security software to
detect and prevent unauthorized access.
When employees leave their desks unattended,
this may expose unlocked computers,
unattended devices, and sensitive documents,
or posted notes containing
passwords visible to potential intruders.
Implementing a policy for
clean desks helps maintain security by
ensuring that sensitive information
is appropriately secured at all times.
When an organization lacks a policy
for disposing of sensitive information,
employees may dispose of
documents without shredding them,
or fail to wipe
external memory drives before recycling them.
Proper disposal includes secure shredding
and appropriate handling of
electronic storage devices to
mitigate these risks and protect confidential data.
Play video starting at :6:24 and follow transcript6:24
It's imperative for HR to
address security vulnerabilities by
implementing appropriate protocols to mitigate
risks and create a safe working environment.
These actions enable organizations
to protect their employees,
assets, and information.
As you continue learning about HR and workplace hazards and
threats, let's explore information security.
We'll discuss social engineering tactics and access control.
These key concepts are essential for HR professionals to understand in
order to protect their organization's valuable data.
As you may recall, we previously reviewed social engineering tactics, such
as tailgating and impersonation in a video on physical security vulnerabilities.
Let's build upon that knowledge to examine a few additional social
engineering tactics.
Let's start with phishing.
Phishing is a deceptive tactic where cybercriminals send
fraudulent messages such as emails, phone recordings, or
social media messages, that appear legitimate and trustworthy.
These messages act as bait,
enticing recipients to disclose valuable information.
The victims believe the messages are authentic and
therefore share their information.
Vishing, short for voice phishing, is a cybercrime that uses phone
calls to trick individuals into revealing personal information.
For example, you might receive a call with a prerecorded voice message,
apparently from your bank,
asking you to verify sensitive details such as your account number.
The recording sounds authentic, leading you to enter your personal information.
This deception can allow the criminal to gain unauthorized access to your account,
potentially leading to financial loss or identity theft.
A quid pro quo attack is another tactic in which cybercriminals make
random calls to individuals within an organization,
pretending they are from the tech support team.
They offer support in return for their desired goal, sensitive information.
For example, criminals claim to be returning a call and
hope to eventually connect with someone who genuinely needs technical assistance.
The attackers pose as helpful experts and instruct the individual to
type in commands that install malware or grant them unauthorized
access to the victim's computer and the organization's network.
Dumpster diving is the act of searching for valuable or
sensitive information through discarded trash.
Hackers may use dumpster diving to find access codes, passwords written
on sticky notes, sensitive documents that should have been shredded,
calendars, phone lists, or organizational charts.
Suppose you come across a USB drive on the ground, you pick it up and
insert it into your computer to find out who it belongs to.
This innocent action, known as baiting, opens the door to potential danger.
Baiting involves dropping something like a USB, flash drive, CD,
or other portable media in the hopes that someone puts it into their computer.
When they do, their computer may be infected with malware and
their sensitive data is at risk.
Shoulder surfing involves looking over someone's shoulder to get information.
For instance, a criminal might stand behind you while using an ATM,
a computer, or an electronic device to obtain your personal information.
Attackers can also use binoculars or
other vision enhancing devices to shoulder surf from long distances.
Access control can mitigate social engineering vulnerabilities.
Access control ensures the right people have access to the right
information at the right time.
Access control solves two problems.
First, it determines who should access what information.
Second, it determines if the person trying to access information is
who they say they are.
Let's review the key factors that contribute to access control.
Identification is the first step in access control.
It ensures that users claim a specific identity, such as an account number or
username, to access resources or information.
By establishing their identity,
individuals receive the appropriate access level,
which helps maintain information security and control within an organization.
Authentication is a process of verifying an individual's
identity before granting them access to resources.
By validating a password or pin an ID badge or token or
a fingerprint, organizations can safely verify an identity.
Two factor authentication has become popular.
This requires individuals to provide multiple verification forms,
such as a password, as well as a code sent to their smartphone.
Another authentication approach uses software or
hardware tokens that generate a unique code synced with the system.
This additional code is entered along with a password,
adding an extra layer of security to the authentication process.
Authorization determines if the user or entity has the appropriate
permission to perform certain actions or access resources.
An individual's rights and permissions might be limited based on job function,
seniority, or other classifications.
Audit logs create accountability by monitoring and
tracking user activity on a system.
By maintaining detailed records of user actions, organizations can ensure
that employees use the system appropriately and according to policy.
Audit logs also help deter malicious activities as they
identify unauthorized access or suspicious behavior.
Play video starting at :6:14 and follow transcript6:14
You've just learned about various information security factors, such as
social engineering tactics and protocols to safeguard valuable information.
As an HR professional,
you will play a vital role in protecting your organization's data.
It's important to understand these tactics and implement effective control measures.
Required
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In this video, we will examine the legal and
compliance implications surrounding data collection,
storage, and analysis, as well as the potential risks and
consequences of violating employee privacy.
By the end of this video, you will understand the measures necessary
to protect employee privacy and maintain confidentiality in the workplace.
Data collection goes beyond monitoring employees and
may involve accessing information about their activities outside of work.
While a data collection has its benefits, HR professionals must be cautious of
the potential legal and brand consequences of violating employee privacy.
To better understand this process,
let's review current US Laws related to data collection, storage, and analysis.
The Electronic Communications Privacy Act, passed in 1986,
made it illegal to monitor oral or wire based communications unless
an organization has a legitimate need to do so or an employee consents.
The stored communications act was passed as part
of the electronic communications privacy act.
It protects the storage of electronic communications like emails.
Generally, organizations can access communications stored on their wire or
electronic communication services, such as employer provided email service.
However, they should inform their employees about this policy to ensure
transparency and awareness.
The Computer Fraud and Abuse Act prohibits the intentional access
of a computer without authorization or exceeding authorized access,
resulting in the acquisition of information from a protected computer.
While initially passed to combat hacking, organizations have also used this act to
charge employees who access unauthorized information on electronic devices,
systems, or networks owned by the organization.
Play video starting at :2:16 and follow transcript2:16
Employee monitoring laws differ by state.
Therefore, organizations are responsible for
proactively gathering information and staying updated with applicable laws.
Doing so ensures compliance with regulations and
avoids potential legal issues.
Play video starting at :2:40 and follow transcript2:40
It's important to remember that closely monitoring employees can negatively
impact an organization's reputation, affecting employee recruitment and
retention, and creating an unhealthy work environment.
Transparent communication regarding data collection practices can help
mitigate these effects.
In addition to privacy concerns and unlawful data collection,
organizations should also be aware of external security risks such
as equipment theft and cybercrimes.
HR professionals play a vital role to ensure compliance,
safeguard sensitive information, and promote a healthy work environment.
In this lesson, you've learned about
hazards and threats in a workplace.
Now we'll examine a real-world example,
how an organization might handle them.
For this example, we'll use
Slice U. Slice U is a chain of
pizza restaurants with
many locations near college campuses.
They make delicious, reasonably priced pizzas.
Jay is an HR specialist working at Slice U headquarters.
Recent incidents at two different Slice U locations
have been brought to Jay's attention.
At these locations, two different Slice U employees
have fallen on slippery floors.
Luckily, no one was seriously hurt in either instance.
But Jay wants to proactively
address this issue so that it doesn't happen again.
To begin, Jay identifies wet floors as a tangible hazard.
This type of physical hazard involves
unsafe object conditions, or procedures.
As an organization,
Slice U prides itself on its cleanliness.
The floors are mopped every
night as one of the closing duties.
In both instances where people slipped and fell,
the floors were being cleaned while other employees
were completing their closing duties.
Jay has given this problem some thought and
spoken with restaurant managers from around the company.
As an HR team member,
Jay's role empowers them to create
a company-wide accident prevention program.
Jay develops a new protocol that requires mopping to
occur only after
all other closing duties have been completed.
Jay also orders new floor drying fans for each location.
Wet floors cannot be avoided,
at least not entirely.
But the new protocols should improve safety.
Jay creates a series of informational messages,
fliers and posters that inform
team members of the upcoming changes.
To raise awareness about this new safety program,
Jay also asked the Slice U design team to
create an animated character named slippy.
Slippy can be included on
all the materials sent out about the program.
Jay figures that something fun might
draw attention of employees to the issue.
Slippy spirit is consistent
with the Slice U brand identity.
Jay distributes the new material
to all team members and make
sure the new mopping protocol
is posted at every location.
Workers appreciate the guidance and the new floor fans.
Someone even responded to
the email saying how much they loved slippy.
Jay was confident that this new program will
help to prevent slips and falls in the future.
That's all from Jay for now,
identifying hazards and creating methods
to mitigate them is an important HR task.
When employees feel safe and cared for in the workplace,
they're more likely to be
productive and loyal to the organization.
Coming up, you'll wrap up this week by
learning about harassment in
the workplace and how to address it.
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Overview: HR and Workplace Hazards
and Threats
There are several types of workplace hazards and threats that all employees should be aware of
and work to prevent. Part of an HR professional’s role in this effort is to assess risks and create
action plans to activate if a threat becomes reality. A risk assessment helps quantify and
measure the risks present in an organization. Let’s explore the different types of threats and how
they can be handled.
Environmental Hazards
The three main types of environmental hazards are biological hazards, chemical hazards, and
physical hazards.
Biological
A biological hazard is a specific activity, condition, or contaminated object that might expose an
employee to an infectious disease. Contaminated food, unsanitary conditions, and dirty needle
sticks are examples of biological hazards.
Chemical
A chemical hazard is a substance that an employee regularly handles or is present in the work
environment that can cause illness or death. Toxic chemicals, radioactive materials, explosives,
and disease-causing contaminants, such as coal dust, are all examples of chemical hazards.
Physical
A physical hazard refers to a condition, design flaw, or unsafe object that can jeopardize the
safety and health of employees. There are three types of physical hazards:
1. Ergonomic hazards result from repeated or unnatural motions, potentially leading to
musculoskeletal injuries or conditions like carpal tunnel syndrome.
2. Tangible hazards involve unsafe objects, conditions, or procedures that can cause
workplace accidents or other safety hazards, such as unguarded machinery, slippery
floors, or insufficient safety protocols.
3. Stress hazards arise from extreme emotional or physical stress, potentially resulting in
anxiety, panic attacks, exhaustion, and heart problems. Examples include prolonged or
unpredictable work hours, tight deadlines, and tense relationships between employees.
Hazard pay compensates employees for the physical and psychological risks they encounter on
the job. Hazard pay is usually an additional hourly "hazard rate," although some employers pay a
lump-sum bonus after the hazardous duty has been completed.
Safety Campaigns and Programs
OSHA, the Occupational Safety and Health Administration, requires organizations to provide
training about any hazardous materials in the workplace and how to keep employees safe.
Whether training is virtual or in the classroom, organizations must educate employees about the
hazards and how to avoid injury or illness from interactions with hazardous materials or
situations. In addition to mandatory training programs, organizations might consider
implementing the following:
A safety awareness campaign: uses various communication tools such as posters,
publications, films, bulletins, pamphlets, newsletters, and displays to engage and inform
individuals about safety practices and potential risks in the workplace.
An accident prevention program: educates employees about potential hazards and how
to identify them, including how and when to report potential hazards and injuries, what to
do in an emergency, where first aid kits are located, how to exit the workplace, and the
proper use and care of protective equipment.
A safety incentive program: rewards safety-related behaviors such as reporting safety
violations, making safety suggestions, preventing unsafe situations, and encouraging
employees to volunteer for safety committees.
Voluntary safety audits: conducted through surveys to assess compliance and uncover
any concerns. Organizations can also incorporate safety audits into existing mobile
platforms and wearable devices to make the process more efficient.
Managers play a key role in ensuring organizations meet and exceed compliance regulations. To
promote safety and awareness, managers should implement various departmental programs
such as training, regular inspections, employee safety committees, and seeking employee
feedback and observations. By implementing health and safety programs, managers can reduce
costs associated with sick days, production delays, workers' compensation claims, legal issues,
and more.
Safety and Health Management Plans
Safety and health management plans are also known as injury and illness prevention plans.
OSHA requires employers to create specific plans to keep their employees safe, such as an
emergency action plan and a fire-prevention plan. Organizations with more than 10 employees
must submit written plans to OSHA. However, organizations with ten or fewer employees are
only required to submit plans if requested by OSHA.
These plans serve an essential purpose:
Help identify the risks and dangers in the workplace
Ensure that employees receive proper training to avoid hazards
Establish procedures to reduce or eliminate hazards
Involve all employees in identifying, preventing, and alleviating hazards
All safety and health management plans should include several key elements:
A clear statement of the organization's policy regarding the program
A statement of support from senior management that emphasizes their involvement and
dedication to the program's success
Details about how employees are included in the process and how they will receive the
necessary training to ensure their understanding and ability to implement safety
measures
Identification of who is responsible for the program and the process for reporting issues
to them
Description about how the organization will maintain the records required by OSHA and
ensure It complies with regulatory requirements
There are a few other types of hazard plans that most organizations will maintain:
Fire prevention plans, which serve as a guide to identify and address fire hazards within
an organization
Business continuity plans, which ensure that organizations sustain operations during and
after emergencies such as natural disasters, man-made threats, and biological hazards
Emergency response plans, which ensure the safety of employees during emergencies
and include critical information such as evacuation policies, floor plans indicating escape
routes, and contact details of individuals who can provide additional information during
emergencies
Disaster recovery plans, which indicate how an organization will proceed after the initial
emergency and the emergency response are over, and what equipment and locations
are used in a crisis
By following this structured approach, organizations ensure that employees receive the
necessary training to address workplace hazards effectively and uphold a safe working
environment.
Vulnerabilities and Physical Security
Buildings are a vital part of physical security. However, certain vulnerabilities can compromise
their safety. Here are the most common:
Buildings in highly trafficked areas: The continuous flow of people and activity can create
an environment where employees may not recognize individuals who do not work on the
premises or pose a potential threat.
Isolated buildings located in remote areas: Inversely from buildings in highly trafficked
areas, isolated buildings are particularly vulnerable to break-ins because thieves might
believe there is less risk of detection or intervention.
Buildings near natural features, such as lakes: These provide an additional enticement
for criminal activity, as do buildings near woods.
Buildings that are interconnected or connect to other structures: Intruders can exploit
weaker security measures in adjoining buildings to gain access to the target building.
Shared workspaces, particularly among small organizations: In shared environments,
employees must maintain a higher level of security and protect sensitive information.
There are also vulnerabilities from personnel security threats. These include:
Lost or unreported access or ID badges
Unattended visitors
Absence of a dedicated reception area
Lack of clarity regarding which areas are off-limits and which are suitable for visitors
Social engineering tactics, such as tailgating and impersonation
Finally, there are several office security vulnerabilities to be aware of, including:
Computers that are left turned on or unlocked
Unlocked desk drawers
Unattended devices
Unattended desks
Improper disposal of sensitive information
Information Security
As mentioned, social engineering tactics, such as tailgating and impersonation, are physical
security vulnerabilities. Be mindful of these additional social engineering tactics:
Phishing
Phishing is a deceptive tactic where cyber criminals send fraudulent messages, such as emails,
phone recordings, or social media messages, that appear legitimate and trustworthy. These
messages act as bait, enticing recipients to disclose valuable information. The victims believe the
messages are authentic and therefore share their information.
Vishing
Vishing, short for voice phishing, is a cybercrime that uses phone calls to trick individuals into
revealing personal information. For example, a phone call, appearing to be from a bank with an
authentic-sounding voice message, asks the recipient to verify sensitive details, such as their
account number. This deception can allow the criminal to gain unauthorized access to an
account, potentially leading to financial loss or identity theft.
Quid Pro Quo Attacks
A quid pro quo attack is another tactic in which cybercriminals make random calls to individuals
within an organization, pretending they are from the tech support team. They offer support in
return for their desired goal: sensitive information. The criminals claim to be returning a call and
hope to eventually connect with someone who genuinely needs technical assistance. The
attackers pose as helpful experts and instruct the individual to type in commands that install
malware or grant them unauthorized access to the victim's computer and the organization’s
network.
Dumpster Diving
Dumpster diving is the act of searching for valuable or sensitive information through discarded
trash. Hackers might use dumpster diving to find access codes, passwords written on sticky
notes, sensitive documents that should have been shredded, calendars, phone lists, or
organizational charts.
Baiting
Baiting involves dropping something like a USB, flash drive, CD, or other portable media in the
hopes that someone inserts it into their computer. When they do, their computer may be infected
with malware and provide access to sensitive data.
Shoulder Surfing
Shoulder surfing involves looking over someone's shoulder to get information. For instance, a
criminal might stand behind an individual while using an ATM, a computer, or an electronic
device to obtain personal information. Attackers can also use binoculars or other vision-
enhancing devices to shoulder surf from long distances.
Confidentiality and Privacy
Data collection goes beyond monitoring employees and can involve accessing information about
their activities outside of work. Although data collection has its benefits, HR professionals must
be cautious of the potential legal and brand consequences of violating employee privacy. There
are a few current U.S. laws related to data collection, storage, and analysis.
The Electronic Communications Privacy Act
The Electronic Communications Privacy Act, passed in 1986, made it illegal to monitor oral or
wire-based communications unless an organization has a legitimate need to do so or an
employee consents. The Stored Communications Act was passed as part of the Electronic
Communications Privacy Act. It protects the storage of electronic communications, such as
emails. Generally, organizations can access communications stored on their wire or electronic
communications services, such as an employer-provided email service. However, they should
inform their employees about this policy to ensure transparency and awareness.
The Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act prohibits the intentional access of a computer without
authorization or exceeding authorized access, resulting in the acquisition of information from a
protected computer. Although initially passed to combat hacking, organizations have also used
this act to charge employees who access unauthorized information on electronic devices,
systems, or networks owned by the organization.
Conclusion
It’s crucial to know the vulnerabilities and potential threats that an organization might be exposed
to and how to handle them appropriately. This knowledge helps protect employees and the
organization.
So far this week, you've learned about hazards and threats in the workplace.
In this lesson, we are going to focus on harassment in the workplace.
Harassment is defined as unwelcome conduct that is based on one's race,
religion, or sex.
Harassment can take many forms, but one of the most common is sexual harassment.
Sexual harassment is a type of employment discrimination consisting of verbal or
physical abuse of a sexual nature.
Sexual harassment is, sadly an issue that can occur within an organization.
Play video starting at ::44 and follow transcript0:44
Provisions in the Civil Rights Act protect employees against sexual harassment.
When workplace procedures for handling sexual harassment fail, state and
federal agencies protect and enforce the rights of an individual.
Identifying and
investigating this type of harassment is a skill you'll need in a future HR role.
The Equal Employment Opportunity Commission, or EEOC, is the federal agency
that handles complaints of discrimination or harassment.
The EEOC defines sexual harassment at work as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature.
When this conduct explicitly or implicitly affects an individual's employment,
unreasonably interferes with an individual's work performance, or
creates an intimidating, hostile, or offensive work environment.
There are two basic types of unlawful sexual harassment.
Quid pro quo is Latin for this, for that.
In quid pro quo harassment, a person in authority, usually a supervisor,
demands sexual favors from a subordinate as a condition of getting or
keeping a job benefit.
Hostile work environment harassment describes a situation in which
coworkers or supervisors engage in unwelcome sexually charged behavior,
making the workplace atmosphere intimidating, hostile, or offensive.
Sexual harassment in the workplace is most commonly directed at female employees,
but in 2008, almost 16% of the cases filed were by males.
Not all advances in the workplace constitute sexual harassment.
For example,
an employee asking a coworker on a date is not necessarily harassing behavior.
However, if the coworker indicates they are not interested in the relationship but
the unwelcome advances continue,
then the action would constitute workplace sexual harassment.
There is often overlap between harassment and
initiatives aimed at diversity and inclusion.
In Focus on Harassment, Diversity and
Inclusion at Work New Tools now Here to Help Josh Burson writes.
I've done many studies on DNI programs, and while education and
training are clearly important solutions, the most effective companies
look at inclusion, diversity, and fairness as safety programs.
In other words, they consider every violation as a preventable accident and
put in place measurement systems, tracking, and
training to prevent such accidents.
Play video starting at :3:38 and follow transcript3:38
In diverse and inclusive workplaces free of discrimination and
harassment, safety is a top priority.
Employees must feel safe bringing their authentic selves to work.
Workers from underrepresented groups must feel safe voicing their opinions,
particularly when they are contrary to popular opinions held by employees from
majority groups.
People must feel physically and emotionally safe from discrimination and
harassment.
Employees must feel safe reporting violations resulting from discrimination and
harassment in the workplace.
Play video starting at :4:21 and follow transcript4:21
Up next, you will learn more about the two most
basic types of unlawful sexual harassment in the workplace.
Quid pro quo harassment and hostile work environment harassment.
Previously, you learned about sexual harassment in
its two most common forms quid pro quo and hostile work environment.
In this video, we'll define quid pro quo sexual harassment and provide an example.
As a reminder, the Equal Employment Opportunity Commission, or EEOC,
defines sexual harassment as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature.
Quid pro quo is Latin for this, for that.
The definition of quid pro quo harassment is when a person in authority,
usually a supervisor, demands sexual favors from a lower ranking
employee as a condition of getting or keeping a job benefit.
Quid pro quo harassment is usually based on a specific incident or
a limited number of incidents.
It also involves an employee who is a higher rank,
like a manager or team lead, who can effectively influence an employee.
Quid pro quo often involves a supervisor threatening to fire a subordinate
unless he or she provides sex favors and then firing a subordinate for refusing.
Either scenario is against the law, whether a subordinate refuses and
is fired or penalized or grants the sexual favors and
avoids the threatened employment action.
Let's explore an example of quid pro quo harassment in the workplace.
The Connective team helps companies seamlessly work virtually.
Recently, their organization's profits have decreased,
leading to potential employee layoffs.
Brayden is a supervisor of a Connective customer service team and
has been discussing layoffs with employees.
He approaches Delaney and says, you keep dodging me.
I've got a hotel room for the weekend, and with the organization considering layoffs,
a smart employee will keep their boss happy.
Delaney responds, no, I'm not interested, and walks away from Brayden.
A few weeks later, Delaney is called into Brayden's office.
Brayden tells Delaney that Connective has decided to let Delaney go and
they will need to pack up their desk and collect their last paycheck.
When Delaney asks why this is happening,
Braden responds by saying that a smart employee would have kept their boss happy.
The incident at Connective is an uncomfortable topic for
an employee to discuss with HR.
However, it should absolutely be reported and handled.
As an HR professional, you should be prepared to address quid pro quo
harassment incidents and support your employees.
Play video starting at :3:1 and follow transcript3:01
As a reminder, the two basic types of unlawful sexual harassment
are quid pro quo and hostile work environment.
Up next, we will define hostile work environment harassment.
We previously discussed one type of
unlawful sexual harassment as defined by
the Equal Employment Opportunity Commission or EEOC,
quid pro quo harassment.
In this video, we will define
the second type of sexual harassment,
hostile work environment harassment,
and explore an HR professional's role
in these particular situations.
Hostile work environment,
sexual harassment results
from other gender-based conduct,
whether intentional or not,
that is unwelcome and creates
an intimidating or uncomfortable work environment.
This form of harassment is more
common than quid pro quo harassment.
One major difference between
quid pro quo harassment and
hostile work environment harassment is that,
unlike quid pro quo harassment,
hostile work environment harassment can
result in a harsh environment from a supervisor,
coworker, customers,
vendors, or anyone else
an employee may come in contact with.
According to the EEOC,
some common examples of
a hostile work environment harassment
include sabotaging someone's work,
discussing sexual activities,
using crude or offensive language,
telling rude or inappropriate jokes,
and using demanding or controlling threats.
Employees must report these activities
for HR to take action.
As an HR professional,
you must investigate and determine if
the actions have happened multiple times,
met harm upon an individual,
and have affected the work environment.
Let's explore an example at Slice U,
at pizza chain on college campuses,
known for staying open late at night.
Yasmin is a cashier at Slice U Yasmin has been working
at Slice U for six months and
her employer knows that she is Muslim,
because of her religion,
she wears a hijab along with her Slice U shirt.
Yasmin's boss her co-workers and the delivery drivers
understand her religious background
and do not mention anything about her hijab.
Each week, Raul, a soda
supplier restocks the soda cans and
bottles at Slice U.
Raul seems like a nice enough guy to everyone,
but when Yasmin is the only one at the counter,
Raul often makes rude comments about Yasmin,
her job, and her body.
Multiple times, Raul has made comments to Yasmin such
as you'd be sexier
without that stupid thing on your head,
or if you take that scarf off
your head you might get a date for Saturday night.
Yasmin has decided that she has had enough.
The next time Raul comes in to restock the soda,
she hides her phone and records Raul's hurtful words.
Yasmin then reports for comments to her supervisor.
Yasmin's supervisor
immediately discusses a situation with
Raul supervisor to address the situation and behavior.
It is imperative that HR professionals and employees
work together to create
a welcoming and respectful workplace.
This may mean working with third parties to
ensure everyone is free to work in a safe environment.
Play video starting at :3:32 and follow transcript3:32
Avoiding hostile work environment harassment
is a challenge HR professionals may face.
However, you must be
prepared to address issues in a professional manner,
ensuring all employees are
included and comfortable in the workplace.
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Previously, you explored different types of harassment and
examples of scenarios in the workplace.
As an HR professional,
these are all situations that might occur during your career.
In this video, we will discuss sexual harassment and
best practices on how to prevent sexual harassment in the workplace.
As a reminder, the Equal Employment Opportunity Commission, or
EEOC, defines sexual harassment as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature.
Sexual harassment can be verbal or physical and
can create a hostile work environment.
Any type of sexual harassment in the workplace should not be tolerated.
Employers are liable if they knew about hostile work environment sexual
harassment instances and did not act upon them.
Employers can protect themselves and their company by taking immediate action if
harassment is happening in the workplace.
Instead of waiting for an employee to file a claim.
Employers are usually deemed to know of sexual harassment if it is
openly practiced in the workplace, well known among employees,
or brought to the employer's notice when a victim files a charge.
As an HR professional, you need to know how to address sexual harassment
to avoid punishments and maintain a safe and welcoming environment.
An HR professional or
management team must intervene as soon as sexual harassment is reported.
The legal system holds an organization's leadership responsible for
hostile work environment sexual harassment if they knew or
should have known about the harassment and failed to take action.
Penalties can include heavy fines.
In cases of quid pro quo sexual harassment, the employer is always liable.
Let's review some best practices that can be used to prevent and
address sexual harassment.
First, establish written policies and train employees to recognize,
avoid, and prevent sexual harassment.
These policies should address technology as well.
It's also important for managers and
supervisors to lead by example and intervene.
They should avoid any sexually charged behavior and
stop any clearly offensive behavior or retaliation.
Any complaint or report of offensive conduct for
sexual harassment should be taken seriously and explored promptly.
Organizations should have a designated reporting and investigation process
that facilitates communication with all parties but also protects their privacy.
It is essential to avoid jumping to conclusions and
document all information gathered during the investigation.
In addition to these best practices, there are a few questions that an HR
professional can ask about potential sexual harassment in the workplace.
If the answer to any of these questions is yes,
then an authority figure should immediately intervene.
Does this conduct violate the organization's harassment policies,
offend those who witness it, or contribute to a hostile work environment?
Does the initiator have power over the other employee, or
does the conduct make the employee's job unpleasant?
Are there visual signs of a hostile work environment such as sexually suggestive
images, emails, or other communications posted or distributed in the workplace?
Play video starting at :3:57 and follow transcript3:57
Now that you know some best practices to try to prevent sexual harassment,
we will discuss how to investigate sexual harassment.
If an incident does occur in your workplace.
Now that you have learned how
to prevent sexual harassment,
it is important to know how to
investigate incidents if they do arise.
In this video, we'll review the steps to investigate
sexual harassment incidents if
or when they happen in your organization.
As you recall, an organization is
illegally responsible for a sexual harassment incident,
particularly when it is aware of
the situation and does
not immediately take corrective action.
If an organization has policies in place
to deter and avoid sexual harassment,
but an incident still occurs,
then the claim will need to be investigated and resolved.
There are six steps that a manager supervisor,
or HR professional should follow
to investigate a sexual harassment case.
The first step is the receipt of the harassment claim.
When an HR manager is informed of the situation,
they begin investigating to
determine if the claim is credible.
The next step is to review
and discuss the claim with the employee.
The HR managers should ask the employee
a series of questions to
document their account of the incident.
These questions should include,
what is the nature of the relationship,
if any, between the employee
and the alleged offender or offenders?
Which other employees might have
seen or heard about the conduct in question?
Are there other employees who may have had
a similar experience with
the alleged harasser or harassers?
When and where did each incident occur?
If there's been a delay,
why wasn't the incident or incidents reported earlier?
What can the employer do to correct the problem?
The third step is for the HR manager to interview
the employee who has been accused of sexual harassment.
The accused will be asked a series of questions about
the incident and the HR manager
must diligently record their answers.
The alleged offending employee will be asked not to
discuss this matter with
other employees at the organization.
Next, the HR manager will interview
any additional employees who may have
witnessed the sexual harassment incidents.
Again, while interviewing any witnesses,
it is again, imperative for
the HR manager to record their findings.
In the fifth step,
the HR manager reviews
a documentation to determine if the complaint is valid.
The manager may determine that it is valid,
in other words, sexual harassment did occur.
Not valid as in sexual harassment did not occur,
or that their investigation is not conclusive.
It should be noted that people
can have different perceptions of
the same incident and it can be difficult to
ascertain the objective truth
in sexual harassment claims.
The final step in
the investigative process is to
determine a suitable resolution.
Management will decide if
disciplinary actions should include a verbal warning,
demotion, suspension, or termination of employment.
If the complaining employee
is not satisfied with the outcome,
they can file a complaint with
the EEOC or file a lawsuit.
Retaliation against anyone making
a complaint of sexual harassment is unlawful,
as is retaliating against those who helped someone else
complain or provide information about a complaint.
Play video starting at :3:54 and follow transcript3:54
As an HR professional,
it is imperative to know
the sexual harassment investigative process
and the chance you will need it in your organization.
Next step, you will
learn about organizational restructuring.
Keep up the good work
Overview: Harassment in the
Workplace
Overview: Harassment in the
Workplace
Maintaining a safe workplace requires preventing and addressing harassment. In this reading,
we’ll review the types of harassment and how to handle them.
Harassment and Hostile Work
Environments
Harassment is defined as unwelcome conduct that is based on one’s race, religion, or sex.
In fact, the most common form of harassment is sexual harassment. The Equal Employment
Opportunity Commission (EEOC), the federal agency that handles complaints of discrimination or
harassment, defines sexual harassment at work as the following:
unwelcome sexual advances,
requests for sexual favors, and
other verbal or physical conduct of a sexual nature when this conduct explicitly or
implicitly affects an individual's employment,
This behavior is considered harassment when it unreasonably interferes with an individual's work
performance, or creates an intimidating, hostile, or offensive work environment. When workplace
procedures for handling sexual harassment fail, state and federal agencies protect and enforce
the rights of an individual.
Quid Pro Quo Harassment
Quid pro quo harassment is usually based on a specific incident or a limited number of incidents.
It also involves an employee who is a higher rank, like a manager or team lead, who can
effectively influence an employee.
Quid pro quo often involves a supervisor threatening to fire a subordinate unless they provide
sex favors and then firing the subordinate for refusing. Either scenario is against the law—
whether a subordinate refuses and is fired or penalized, or if they grant sexual favors and avoid
the threatened employment action. As an HR professional, you should be prepared to address
quid pro quo harassment incidents and support your employees.
Hostile Work Environment Harassment
Hostile work environment sexual harassment results from other gender-based conduct, whether
intentional or not, that is unwelcome and creates an intimidating or uncomfortable work
environment. This form of harassment is more common than quid pro quo harassment.
One major difference between quid pro quo harassment and hostile work environment
harassment is that, unlike quid pro quo harassment, hostile work environment harassment can
result in a harsh environment from a supervisor, co-worker, customers, vendors, or anyone else
an employee might come in contact with.
According to the EEOC, some common examples of a hostile work environment harassment
include sabotaging someone’s work, discussing sexual activities, using crude or offensive
language, telling rude or inappropriate jokes, and using demanding or controlling threats.
Employees must report these activities for HR to take action.
As an HR professional, you must investigate and determine whether the actions have happened
multiple times, meant harm upon an individual, and have affected the work environment. It is
imperative that HR professionals and employees work together to create a welcoming and
respectful workplace. This might mean working with third parties to ensure everyone is free to
work in a safe environment.
Preventing Sexual Harassment
Employers are liable if they knew about hostile work environment or sexual harassment
instances and did not act upon them. Employers can protect themselves and their organization
by taking immediate action if harassment is happening in the workplace, without waiting for an
employee to file a claim. The legal system holds an organization’s leadership responsible for
hostile work environment or sexual harassment if they knew or should have known about the
harassment and failed to take action. Penalties can include heavy fines.
Employers are usually deemed to know of sexual harassment if it is:
openly practiced in the workplace
well-known among employees
brought to the employer's notice when a victim files a charge
As an HR professional, you need to know how to address sexual harassment to avoid penalities
and maintain a safe and welcoming environment. The best approach to handling sexual
harassment is prevention. Best practices for preventing sexual harassment include:
Written policies that specifically address sexual harassment and a hostile work
environment
Training employees to recognize, avoid, and prevent sexual harassment
Internet usage policies that address technology and sexual harassment
Lead by example: managers and supervisors should avoid any sexually charged
behavior
Intervention: managers and supervisors should intervene and stop any clearly offensive
behavior or retaliation
Treat any complaint or report of offensive conduct or sexual harassment seriously and
investigate promptly
Alert human resources or other designated contacts in the organization about complaints
or reports
Communicate with involved parties, but protect privacy and confidentiality rights
Avoid overreacting or jumping to conclusions
Document all information gathered in the investigation of a claim
Investigating Sexual Harassment
An organization is legally responsible for a sexual harassment incident, particularly when it is
aware of the situation and does not immediately take corrective action. If an organization has
policies in place to deter and avoid sexual harassment, but an incident still occurs, then the claim
will need to be investigated and resolved.
There are six steps that a manager, supervisor, or HR professional should follow to investigate a
sexual harassment case:
1. Receipt of the harassment claim: When an HR manager is informed of the situation, they
should investigate to determine if the claim is credible.
2. Review and discuss the claim with the employee. The HR manager should ask the
employee a series of questions to document their account of the incident:
a. What is the nature of the relationship, if any, between the employee and the
alleged offender or offenders?
b. Which other employees might have seen or heard about the conduct in question?
c. Are there other employees who might have had a similar experience with the
alleged harasser or harassers?
d. When and where did each incident occur?
e. If there's been a delay, why wasn't the incident or incidents reported earlier?
f. What can the employer do to correct the problem?
3. Interview the employee who has been accused of the sexual harassment. The accused
will be asked a series of questions about the incident and the HR manager must diligently
record their answers. The alleged offending employee will be asked not to discuss this
matter with other employees at the organization.
4. Interview any additional employees who might have witnessed the sexual harassment
incidents.
5. Review documentation to determine if the complaint is valid. The manager might
determine that it is valid, in other words sexual harassment did occur; not valid, as in
sexual harassment did not occur; or that their investigation is not conclusive.
6. Determine a suitable resolution. Management will decide if disciplinary actions should
include a verbal warning, demotion, suspension, or termination of employment. If the
complaining employee is not satisfied with the outcome, they can file a complaint with the
EEOC or file a lawsuit.
Retaliation against anyone making a complaint of sexual harassment is unlawful, as is retaliating
against those who help someone else complain or provide information about a complaint.
Conclusion
Preventing workplace harassment is imperative to foster a safe, inclusive workplace for all
employees. If harassment does occur, addressing it in a timely and sensitive manner will
reinforce the safety and confidence of employees.