Read the slides and answer the questions in the assignment file.Each question about 200 words.No plagiarism. Using easy vocabulary is enough.Chapter 14
1. An RN with the title of Weekend Supervisor spent most of her work time providing
patient care and interacting with patients’ families. She attended management meetings
and was paid more than other nurses. She was the highest ranking employee at the facility
on weekends, but the employer provided the weekend staff with the telephone numbers of
various managers to contact in case of an emergency. The RN would check to see
whether employees did their tasks correctly and would correct employees if they did
something wrong. If there was a gross infraction of residential care, the RN—as well as
other nursing employees not alleged to be supervisors—could write up the employee on a
disciplinary form. If she did so, the completed disciplinary form would be reviewed by
administrators, who determined whether the infraction warranted disciplinary action. On
two occasions, the RN made an oral report that an employee was unfit for work. In both
instances, she was instructed by administrators to send the employee home. In addition,
on two occasions, employees came to her and expressed their need to leave work early
because of severe health problems experienced by their young children. The RN—
without first checking with her superiors—told both employees to leave work early.
Finally, on one occasion, the RN prepared a performance evaluation of another
employee. In this particular circumstance, the director of nursing asked her to fill out the
evaluation because she was not familiar with the employee. The RN was discharged after
circulating a petition protesting an action of the employer. Was this RN a supervisor or
was she protected by the NLRA? Why?
5. A unionized employee filed more than a dozen grievances over a three-year period. His
supervisors asked him why he was filing so many grievances and called him a
“troublemaker.” The employee got into an argument with a coworker and was told that if
there was another instance, he would be fired. A few months later the employee made a
derisive comment about another coworker who was not present. When the coworker later
heard secondhand what had been said about him, he complained to management. The
employee was suspended and then terminated for “comments directed toward another
employee that were totally inappropriate, intimidating, antagonistic and offensive and
could be construed as sexual harassment towards a fellow employee.” Vulgar comments
were common in this workplace. No written rule prohibited profanity, and no employee
had ever been discharged on this basis. The employee’s case was brought to the NLRB.
What should the Board decide? Why?
11. A union member was terminated. The union filed a grievance on his behalf. Believing
that the employer might have fired this employee while retaining other employees who
had committed comparable offenses, the union requested that the employer provide
information about the disciplinary records of its nonunion employees who had been
charged with ethics or state law violations. The employer provided information about the
disciplinary cases of other union-represented employees, but said that the information
about nonunion employees was irrelevant. Did the employer violate the NLRA by
refusing to provide the requested information to the union? Why or why not?
Chapter 15
2. On a day off from work, an employee visited the store at which she was employed for
the purpose of signing a sympathy card for a coworker. While she was talking with
coworkers at the back of the store, a shelf gave way and began to fall over. The employee
grabbed the shelf to stop it from falling. In the process of helping to hold up the shelf, the
employee severely injured her back. It was determined later that the shelf fell over
because it had been improperly braced when it was put up by the employer. The
employee sued for negligence, while the employer maintained that workers’
compensation was her exclusive remedy. What should the court decide? Why?
5. An employee of a bear park in Montana smoked marijuana on his way to work. Later
in the day, the employee went to feed the bears. The employee was subsequently mauled
by a large grizzly bear and suffered severe injuries. There was evidence that employees
sometimes smoked marijuana at the park and that the park owner had done so as well. Is
the employee entitled to workers’ compensation for his injuries? Why or why not?
10. The “historic bargain” that resulted in workers’ compensation laws occurred at a time
(the early 1900s) when almost no other employment laws existed and courts routinely
ruled against workers with disabling injuries caused by their employers’ negligence. Is
workers’ compensation a fair bargain now, or does it too often shield employers from the
consequences of their negligence? Why do you say that?
David Walsh
EMPLOYMENT LAW FOR
HUMAN RESOURCE
PRACTICE, 5E
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Unions & Collective Bargaining
Chapter 14
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Chapter Outline
The Idea of Collective Bargaining
 The National Labor Relations Act (NLRA)
 Unfair Labor Practices (ULPs)
 Union Organizing & Representation
Elections

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The Idea of Collective Bargaining
(1 of 3)
Collective bargaining recognizes the
value of employees banding together to
deal with their employers
 Labor unions play a critical role in this
 Unions negotiate with employers to
obtain labor agreements
 But collective bargaining is wildly
unpopular with U.S. employers

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The Idea of Collective Bargaining
(2 of 3)

The National Labor Relations Act (NLRA)
is the principal federal law concerning selforganization & collective bargaining
◦ Administered by the National Labor Relations
Board (NLRB)

The Railway Labor Act (RLA) governs
collective bargaining for railroads & airlines
◦ Administered by the National Mediation Board
(NMB)
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The Idea of Collective Bargaining
(3 of 3)

The Civil Service Reform Act (CSRA)
governs collective bargaining by federal
government employees
◦ Administered by the Federal Labor Relations
Authority (FLRA)

State laws or executive orders provide for
collective bargaining by some or all state and
local government employees in more than 40
states
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The Nat’l Labor Relations Act
Its duty is to protect the right of employees to
engage in “concerted activities” and to decide
whether or not to form a labor union for the
purposes of negotiating with their employer
 Supervisors and managers are excluded from
this protection, except when they are retaliated
against for opposing an unfair labor practice
◦ Whether nurses are supervisors is contested
◦ The U.S. Supreme Court held that senior
nurses on duty who make work assignments
for aides, and monitor their work were
supervisors

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Employee Rights under the NLRA






Engage in self-organization
Form, join, or assist labor organizations
Bargain collectively with their employer through
representatives of their own choosing
Go on strike
Engage in other concerted activities for the
purpose of collective bargaining or mutual aid
or protection
Refrain from such activities
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service or otherwise on a password-protected website for classroom use.
Employee Rights under NLRA Concerted Activity

FOR NLRA protection, activity must be:
◦ Concerted activity undertaken with or on behalf of
other employees, not on behalf of an individual
employee only
◦ Undertaken in “mutual aid or support” of a group, not
solely for an individual employee’s benefit
◦ The activity must be related to employees’ concerns
regarding their ages, hours, terms and conditions of
employment
◦ The activity must not be extreme or abusive,
malicious, defamatory or highly profane

Online communications can also qualify
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service or otherwise on a password-protected website for classroom use.
Unfair Labor Practices (1 of 3)

Unfair labor practices; Employers must not:
1. Interfere with, restrain, or coerce employees in the
exercise of their rights under the NLRA
2. Dominate or interfere with the formation or
administration of a labor organization
3. Discriminate against employees for the purpose of
encouraging or discouraging membership in any labor
organization
4. Retaliate against employees for filing charges or giving
testimony under the act
5. Refuse to engage in collective bargaining
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service or otherwise on a password-protected website for classroom use.
Unfair Labor Practices (2 of 3)

Unfair labor practices; Unions must not:
1. Restrain or coerce employees in the exercise of their
rights under the Act
2. Cause an employer to discriminate against an
employee for the purpose of encouraging or
discouraging membership in a labor organization
3. Refuse to engage in collective bargaining
4. Broaden labor disputes to include neutral employers
(“secondary boycott”)
5. Charge excessive or initiation fees or dues
6. Cause an employer to pay for work not performed
(“featherbedding”)
7. Picket for more than 30 days for the purpose of
obtaining union recognition
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Unfair Labor Practices (3 of 3)
A labor organization is:


Any organization…or employee representation
committee or plan, in which employees participate
and which exists for the purpose, in whole or in part,
of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment or
conditions of work
◦ Employee participation programs which include
employees in decisions previously reserved for
management, may be deemed “labor
organizations” but are likely dominated by
employers, so may violate the NLRA
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Union Organizing &
Representation Elections (1 of 2)
◦ Legal claims under the NLRA, especially
interference with self-organization and
discrimination against union supporters are
common during periods when employees are
attempting to form unions
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service or otherwise on a password-protected website for classroom use.
Union Organizing &
Representation Elections (2 of 2)
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service or otherwise on a password-protected website for classroom use.
Union Organizing & …Elections –
Union Organizing Campaigns
◦ A union organizing campaign typically includes:




Discussion and persuasion among workers
Distribution of literature
Wearing of buttons & other symbols of support
Requests to sign petitions or authorization cards
◦ If sufficient support is enlisted, the NLRB may
hold an election to determine whether a union
will be certified as the legal representative of
the employees
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Union Organizing & …Elections –
Employer Responses… (1 of 2)
Asking employees about their attitudes towards
unions is not a per se violation of the NLRA, but
tends to be intimidating and coercive
 Employers should refrain from interrogating or
polling employees to determine who wants a
union or how employees intend to vote
 Employers may state their views regarding
unionization at meetings to which they may
require attendance, but may not threaten
reprisals or promise benefits for voting a certain
way

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Union Organizing & …Elections –
Employer Responses… (2 of 2)

Employers must:
◦ not discharge or discriminate against pro-union
employees
◦ allow employees to engage in discussions about
unionization at work during nonwork time
◦ permit employees to wear union buttons and the like,
and engage in rallies

Employers may deny nonemployee organizers
access to workplaces and private property
surrounding them if the organizers have other
access to the employees
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Union Organizing & …Elections –
Rep Election Procedures… (1 of 4)
NLRA has procedures for representation
elections
 The group of employees entitled to vote in the
election must be determined by the NLRB to be
an appropriate bargaining unit
 The determining factor is whether employees,
who may hold differing job titles and be spread
across many workplaces, share a “community of
interest”

◦ Factors to be considered include similarity of skills,
interrelationship of tasks, common pay systems,
supervision, and personnel policies
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Union Organizing & …Elections –
Rep Election Procedures… (2 of 4)

For the NLRB to order an election, at least 30%
of the employees in a bargaining unit must desire
union representation, a showing typically made by
employees signing authorization cards

If a majority of employees who cast votes choose union
representation, the NLRB will certify the union as the
“exclusive representative” of all employees in the unit
The NLRA also provides for decertification elections,
in which employees decide whether they want to
continue to have union representation
Voluntary recognition of a union by an employer is also
permitted under NLRA


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Union Organizing & …Elections –
Rep Election Procedures… (3 of 4)

Frustrated by delays in the process, unions are
seeking to gain recognition through a cardcheck procedure in which the employer agrees
to recognize the union if a majority of employees
sign authorization cards
◦ Unions seeking this procedure also attempt to
negotiate neutrality agreements, where employers
promise to remain neutral, not oppose unionization

A union is the exclusive representative of the
unit, preventing employers from dealing with
employees individually re pay, hours, etc.
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Union Organizing & …Elections –
Rep Election Procedures… (4 of 4)
Representation by a union is distinct from
membership
 Because some members might prefer to enjoy
the benefits of union representation without
paying for it, unions negotiate with employers to
include union security provisions in their labor
agreements, requiring all employees in the unit to
pay dues, etc. or be fired by the employer
 But the NLRA permits states to pass laws, known
as right-to-work laws, making it illegal to
incorporate union security provisions into labor
agreements

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Union Organizing & …Elections –
Duty to Bargain in Good Faith
It is an unfair labor practice to refuse to bargain
 Both parties have a duty to engage in good faith
bargaining

◦ Difficult to determine when there is lack of good faith
If raised by either party, a Mandatory topic
must be negotiated over
 If a permissive topic is raised, the other party
can decline to discuss it

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service or otherwise on a password-protected website for classroom use.
Union Organizing & …Elections –
…If Cannot Reach Agreement? (1 of 3)
An impasse is reached when negotiations have
become deadlocked, and both parties assume
further negotiation would be futile
 If the parties agree, a mediator may be called in,
but the mediator cannot impose an agreement
 If the parties are unable to reach agreement and
a bargaining impasse is reached, then the
employer can unilaterally implement its last, best
and final offer

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Union Organizing & …Elections –
…If Cannot Reach Agreement? (2 of 3)
Most negotiations conclude without a strike
 Strikers are not quitting, but trying to pressure
their employers to act differently
 Private employers must not terminate employees
for engaging in strikes
 Strikes, picketing, and related activities constitute
concerted activity

◦ Federal government employees do not have the right to
strike

Strikers may not be fired, but can be replaced
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Union Organizing & …Elections –
…If Cannot Reach Agreement? (3 of 3)
The rights of strikers depends on whether the
strike is an economic strike or a ULP strike
 An economic strike pressures an employer to
meet employee demands

◦ Strikers may be temporarily or permanently replaced

Unfair labor practice (ULP) strikes are
undertaken in response to employer ULPs to
make them comply with the law
◦ Strikers may be temporarily replaced, and must be
reinstated to their jobs on an unconditional request

In some circumstances, employers may legally
engage in a lockout of employees
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Union Organizing & …Elections –
Enforcing Labor Agreements (1 of x)





Successful negotiations result in a labor agreement
Employers must abide by the agreement
Employees who believe their contractual rights
have been violated may file grievances
Union representatives and management will
review the grievance, and resolve it according to
the labor agreement, or if they fail to agree, an
arbitrator may decide the dispute in a grievance
arbitration
Arbitrators may find a binding past practice to
exist when past practice is clear
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What Would You Do?

Your small “big box” store recently acquired a
manager who formerly worked at Wal-Mart,
which has a long-standing opposition to unions.
Over the past few years, some of your
employees have talked about unionizing, but
your low-key approach to handling it has kept
you union-free. The new manager, upon hearing
talk about unionizing from one of his
subordinates, is taking a hard line, telling the
employee he will be fired if he continues to talk
about unionizing. What would you do?
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service or otherwise on a password-protected website for classroom use.
Next:

Chapter 15– Occupational Safety &
Health
◦ How “safe” is “safe enough?”
◦ What should you do when the OSHA
inspector comes calling?
◦ What should you do to prevent his coming?

The answers to these questions and more
are next.
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Instructor’s Notes:

Instructor’s notes for What Would You Do?
◦ The immediate problem is addressing the
arguably ULP committed by the new manager.
Students should recognize a need to talk to the
employee who was threatened, and reassure
him that no adverse action will be taken.
Secondly, the manager needs to acquire a
different approach to union talk. The manager
may need training regarding the requirements of
the NLRA and the company’s approach to
dealing with union talk.
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
David Walsh
EMPLOYMENT LAW FOR
HUMAN RESOURCE
PRACTICE, 5E
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distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Occupational Safety & Health
Chapter 15
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service or otherwise on a password-protected website for classroom use.
Chapter Outline
The Occupational Safety and Health Act
 Mine Safety and Health Act
 Preventing Occupational Injuries and
Illnesses
 Workers’ Compensation
 Responding to Workplace Injuries

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Occupational Safety & Health Act
The OSH Act is the principal federal governing
the safety of private sector workplaces
 The Act created 3 new agencies: OSHA, the

Occupational Safety & Health Administration
(administers the OSH Act)
◦ OSHRC, the Occupational Safety & Health
Review Commission (independent from OSHA;
hears appeals from OSHA rulings)
◦ NIOSH, the National Institute of Occupational
Safety & Health (provides scientific & technical
support to OSHA)
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Occupational Safety & Health ActHow Safe is “Safe Enough”? (1 of 9)

The minimum level of safety that employers are
required to provide is defined in two ways:
◦ OSHA standards to address specific hazards
◦ The “general duty” clause
Separate safety standards are issued for
general industry, maritime, construction and
agriculture
 General industry standards apply to all industries,
unless more specific standards deal with the
same issue

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Occupational Safety & Health ActHow Safe is “Safe Enough”? (2 of 9)
Employers arguing that compliance is infeasible
must show that it would be impossible or render
performance of the work impossible
 More specific standards take precedence over
general ones.
 Rule: Employers must become aware of and
comply with all standards that apply to their
operations

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Occupational Safety & Health ActHow Safe is “Safe Enough”? (3 of 9)
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Occupational Safety & Health ActHow Safe is “Safe Enough”? (4 of 9)
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Occupational Safety & Health ActHow Safe is “Safe Enough”? (5 of 9)
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Occupational Safety & Health ActHow Safe is “Safe Enough”? (6 of 9)

The process of adopting new safety standards is
lengthy, arduous, and politicized
◦ Standards are nonexistent or outdated for many
significant hazards
When OSHA reduced the permissible
exposure limit (PEL) for benzene, a lawsuit
claimed it had exceeded its authority
 The Supreme Court ruled that OSHA must
prove that new or revised standards address a
significant risk to the health of employees
 The revised regulation was struck down

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Occupational Safety & Health ActHow Safe is “Safe Enough”? (7 of 9)

OSHA must also conduct a cost-benefit
analysis assessing the costs to employers of
complying with a standard compared to the
economic value of the expected improvement in
worker health
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Occupational Safety & Health ActHow Safe is “Safe Enough”? (8 of 9)
It is impossible for OSHA to create a
standard for every workplace hazard.
 The general duty clause provides:

◦ “Each employer . . . shall furnish to each of his
employees employment and a place of
employment which are free from recognized
hazards that are causing or are likely to cause
death or serious physical harm to his employees.”
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Occupational Safety & Health ActHow Safe is “Safe Enough”? (9 of 9)
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Occupational Safety & Health ActHow Is the OSH Act Enforced? (1 of 4)

Enforcement of the OSH Act comes about from:
◦ Complaints by employees
◦ Inspections by OSHA
OSHA has limited resources and must prioritize
which workplaces to inspect
 Most inspections are unannounced

◦ But unless an emergency exists, OSHA is required to
obtain a search warrant to search business premises,
unless the business agrees
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Occupational Safety & Health ActHow Is the OSH Act Enforced? (2 of 4)
Inspections and Citations
 An inspection begins with a conference,
explaining the circumstances of the inspection
 An employer representative has the right to
accompany the OSHA compliance officer, but
may not intimidate or interfere
 The compliance officer creates a report, noting
observations, taking photographs, taking
instrument readings, and asking questions of
employees. Apparent violations are pointed out

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Occupational Safety & Health ActHow Is the OSH Act Enforced? (3 of 4)
Inspections and Citations (cont.)
 Any citations and fines are assessed by directors
at OSHA area offices and based on the officer’s
report
 Citations must be posted in the workplace
near where the violations occurred
 Citations indicate the nature of the violation, the
OSHA standard violated, the monetary penalties,
and the amount of time the employer has to
correct the problem (the abatement period)

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Occupational Safety & Health ActHow Is the OSH Act Enforced? (4 of 4)





Inspections and Citations (cont.)
Employers have 15 days to contest a citation
Employers are not required to correct violations
until all appeals have been exhausted
Employee reports of hazards are crucial to
enforcement and the identity of an employee
who reports a hazard to OSHA is protected
Employers must not retaliate against employees
who seek OSHA inspections or complain about
safety conditions
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Occupational Safety & Health ActRecording & Reporting …
Employers not exempt from record keeping are
required to establish and communicate to their
employees specific procedures for reporting
workplace injuries and illnesses
 Employers are required to record (within 6 days
of their occurrence) all work-related injuries or
illnesses, days away from work, loss of
consciousness, etc.
 Violations of such requirements can be costly

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Mine Safety & Health Act
The Mine Safety and Health Act (MSH Act)
addresses mining hazards
 The law is enforced by the Mine Safety and Health
Administration (MSHA), which is to inspect all
underground mines four times/year
 MSHA has been criticized for failing to perform
the required inspections and being lenient in
assessing penalties against mine owners
 In 2006, Congress amended the law to require
more rapid reporting, oxygen supplies, and
enhanced penalties for violations

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Preventing Occupational Injuries
& Illnesses (1 of 3)
Employers should eliminate hazards or reduce
them to the maximum extent possible through
use of engineering and administrative controls
 Using a hierarchy of controls, measures that
remove of lessen hazards should be utilized
before relying on means of helping employees stay
safe despite unsafe conditions
 Safety rules should be clear, specific, consistent
with one another, and strictly enforced

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Preventing Occupational Injuries
& Illnesses (2 of 3)
Employers should be proactive in identifying and
abating unsafe conditions in their workplaces
 Recommended: Establish an effective workplace
safety program

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Preventing Occupational Injuries
& Illnesses (3 of 3)
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workers’ Compensation (1 of 2)

State workers’ compensation laws require
employers to provide medical care and replace
partial lost income for injuries of employees
arising out of and in the course of employment
◦ Note that independent contractors performing the
work of employees can be deemed “statutory
employees,” requiring workers’ comp coverage

Employers must arrange workers’ compensation
coverage for their employees, and ensure that
contractors provide similar coverage
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workers’ Compensation (2 of 2)
Employers contribute to state workers’
compensation funds, purchasing coverage from
private insurers or (for large employers) selfinsuring
 The amounts to be contributed depends on the
industry of the employer, and on experience
rating
 Under experience rating, employers with
worse records of injuries and claims pay more

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workers’ Compensation –
Exclusive Remedy
Worker’s compensation is provided (mostly) on a
no-fault basis, as the employee gives up his right
to sue
 In exchange, employer gives up its right to defend
based on contributory negligence, the fellow
servant rule and assumption of the risk
 Generally, it is an employee’s exclusive remedy
against his employer

◦ A rare exception holds the employer liable when the
injury was “intentional,” in that the employer removed
safety guards or modified equipment making it more
productive but less safe, knowing that injury was likely
to result
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workers’ Compensation –
Arising..in the course of employment
Workers’ compensation is intended to deal with
work-related injuries and illnesses, those that
arise out of and in the course of employment
 In the course of employment refers to the
time, place and setting in which it occurred
 Arising out of employment refers to the
underlying causation of the injury illness
 These phrases, seemingly simple, have been the
subject of much litigation, and their meanings vary
across states

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workers’ Compensation –
“In the course of employment”

Are employees who are injured while commuting
to work entitled to workers’ compensation?
◦ Typically not, but if employees are using companyprovided transportation, performing duties en route to
work, or being exposed to special hazards due to the
location of the work place, their injuries are likely
compensable
Injuries that occur while employees are attending
to personal activities (restroom, coffee) are
compensable
 But those occur while under the influence of
drugs or alcohol on the job are not

© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workers’ Compensation –
“Arising Out of Employment”
Arising out of employment means that the illness
or injury was caused in some way by the job
 Injuries or illnesses “arise out of employment”

◦ Under the peculiar risk doctrine, only if they are much
more common or even unique to the type of work
◦ Under the increased risk doctrine, if the work
increased the risk of being harmed over that of the
general public
◦ Under the actual risk doctrine, as long as the harm is a
risk of the job, although the public might also be at risk
◦ Under the positional risk doctrine, if the harm would
not have occurred but for the fact that the job placed
her in the position in which she was harmed
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Responding to Workplace Injuries





Employers should require that employees report
all workplace injuries as soon as possible, so that
treatment can be provided.
Employers should err on the side of caution in
referring injured employees for medical
treatment.
Reports of injuries should be investigated
immediately and thoroughly.
Hazards that caused the injuries should be
identified and abated.
Workers’ compensation claims should not be
contested unless there are reasonable grounds
for doing so.
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
What Would You Do?

You are the production manager of a small
factory, which has been newly relocated to a new
facility. You’ve done everything you can to gear up
to full production safely. Equipment has been
installed by professionals, inspections performed,
and safety training sessions held for all, even your
experienced workers. Now, about an hour into
your first day of full production, as you stand on
the floor overlooking the line, you see employees
falling ill, some becoming unconscious, and the
equipment is still running. In fact, suddenly, you’re
not feeling so well yourself. What would you do?
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Next:

Chapter 16– Performance Appraisals,
Training & Development
◦ What are valid criteria for performance
appraisals?
◦ Employee training and development are
becoming increasingly important. Why?

The answers to these questions and more
are next.
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Instructor’s Notes:

Instructor’s notes for What Would You Do?
◦ Students should recognize that this is an emergency
situation demanding immediate action. There seems to be
an airborne contaminant. Since the manager is also
becoming ill, she first needs to make sure she can continue
to function. She should grab any equipment she can to be
able to continue to breathe safely, even a cloth held over
nose and mouth. The electrical power to the equipment
must be shut down to prevent further injury, but power to
exhaust fans, telephones, computers and other equipment
should be kept running, if possible. That will depend on
whether they are on separate electrical circuits. Windows
and doors should be opened and, of course, 911 must be
called. Office staff may not be affected, and may be able to
help.
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.

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