Mgmt 434 Employment Law Research Paper

Week Five Assignment

Employee Safety, Health, and Welfare Law Paper

MGMT 434 Employment Law

December 19, 2007 Employee Safety, Health, and Welfare Law
Introduction

The Family Medical Leave Act (FMLA) for eligible employees and is obligated by federal law to do so when the situation warrants. The policy contains specific information on how this leave is to be applied for the employer and employees. The employer has the responsibility to notify employees about their right to Family and Medical Act (FMLA). The employer has a requirement to place a notice for all employees about the basic provisions of FMLA. The employer receives a $100 civil penalty for each offense failing to place the notice. Employers are forbidden from
discriminating against employees who obtain the FMLA leave. The FMLA supply certain employees with up to 12 weeks of unsettled paid, job confined leave for each year.
The FMLA insist that the employee group health benefits to be continue during the leave. The FMLA is intended to assist employee stability his or her family and work responsibilities by allowing the employee to take logical unsettled paid leave for specified medical and family reasons. The FMLA looks to contain the lawful safety of employers and support the equal employment opportunity for women and men. The FMLA is applied to all public agencies, public and private elementary schools and secondary, and companies with 50 or more employees. These employers have to grant a qualified employee with up to 12 weeks of unsettled leave each year for the following reasons: The employee birth and care of a newborn child, and the care a child of an employee with an adoption or foster. Immediate care for a family member, this includes a child, spouse or someone with a critical health conditions. Receive medical leave when the employee is not capable to work, because of a critical health
condition. Employees are entitled for leave if they have worked for their employer at least 12 months, and at least 1,250 hours in excess of the past 12 months, and work at a position where the company employs 50 or more employees within 75 miles. An employee whether he or she worked the minimum 1,250 hours of service is strong-minded according to FLSA principles for formative compensable hours or work. Time taken due to complications of a pregnancy can be counted against the 12 weeks of family and medical leave. The Department of Labor administers FMLA; and the Office of Personnel Management (OPM) administers FMLA for most Federal Government employees. The Worker's Compensation Occupational Safety and Health Act (OSHA).
The Labor Department a Division of Occupational Safety and Health, which has two subdivision for safety, and health and other subdivisions as the commissioner consider to be necessary. This division manage all matters pertaining to occupational safety and occupational health. The Labor Department may require the assistance of other state agencies and may enter into agreements with other state agencies and political subdivisions of the state for the administration. The Labor Commissioner shall provide for coordination between the Division of Occupational Safety and Health and the Workers' Compensation Commission which shall include but not be limited to establishment of standardized procedures and reporting (Chapter 571,
2007). The Occupational Safety and Health Act of 1970 (OSH ACT). The Act assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. The OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job. Employers must become familiar with the standards applicable to their establishments and eliminate hazards (U.S. Department of Labor, 2007). Compliance with standards may include ensuring that employees have been provided with, have been effectively trained on, and use personal protective equipment when required for safety or health. Employees must comply with all rules and regulations that apply to their own actions and conduct (U.S. Department of Labor, 2007). The OSHA encourages states to develop and operate their own job safety and health programs. The OSHA approves and monitors the state plans, which operate under the authority of state law. Currently 22 states and jurisdictions operating complete state plans (covering both the private sector and state and local government employees) and four (Connecticut, New Jersey, New York, and the Virgin Islands) that cover state and local government employees only. States with OSHA-approved job safety and health plans must set standards that are at least as effective as the equivalent federal standard. The majority of the state plan states, adopt standards identical to the federal ones (U.S. Department of Labor, 2007). Employers responsibilities are: 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. Each employer shall, upon the written request of any employee, provide such employee with a written statement listing the substances which such employee uses or with which such employee comes into contact that have been identified as toxic and hazardous by occupational safety and health standards, under Title 29 CFR 1910.1000 "Air Contaminant Code of Federal Regulations." Each employer shall comply with occupational safety and health standards transmit. Each employee shall comply with occupational safety and health standards and all regulations and orders issued pursuant to this chapter which are applicable to his own actions and conduct (Chapter 571, 2007). The Occupational Safety and Health Act (OSHA) law that provides protection for the employees is the Whistleblower Protection Program. The OSHA is designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces throughout the nation. The OSHA provides for a wide range of substantive and procedural rights for employees and representatives of employees. The OSHA also recognizes that effective implementation and achievement of its goals depend in large measure upon the active and orderly participation of employees, individually and through their representatives, at every level of safety and health activity (U.S. Department of Labor, 2007). To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner discriminating against any employee because the employee has exercised rights under the OSHA (U.S. Department of Labor, 2007). These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection (U.S. Department of Labor, 2007). For every employee it is very important, whoever they work for, to learn their rights under the FMLA and also the employer.Chapter 571: Occupational Safety and Health Act http://www.cga.ct.gov/2001/pub/Chap571.htm#sec31-368.htm (Retrieved December 13, 2007).
U.S. Department of Labor. (December 13, 2007). Employment Law Guide Chapter: Occupational Safety and Health. http://www.dol.gov/compliance/guide/osha.htm Retrieved December 13, 2007).
U.S. Department of Labor. Office of the Whistleblower Protection Program. (2007) The Whistleblower Protection Program. http://www.osha.gov/dep/oia/whistleblower/index.html (Retrieved December 13, 2007).