Articulate the concerns surrounding the employee’s right to privacy in the workplace.
Identify the advantages and disadvantages of polygraphs, integrity tests, and drug testing as management instruments for decision making.
Discuss the right to safety and the right to know, and summarize the role and responsibilities of OSHA.
Elaborate on the right to health and safety in the workplace, with particular reference to violence in the workplace, smoke-free workplaces, and family-friendly workplaces.
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© 2015 Cengage Learning1Chapter 18Employee Stakeholders: Privacy, Safety, and Health© 2015 Cengage Learning2Learning OutcomesArticulate the concerns surrounding the employee’s right to privacy in the workplace.Identify the advantages and disadvantages of polygraphs, integrity tests, and drug testing as management instruments for decision making.Discuss the right to safety and the right to know, and summarize the role and responsibilities of OSHA.Elaborate on the right to health and safety in the workplace, with particular reference to violence in the workplace, smoke-free workplaces, and family-friendly workplaces.© 2015 Cengage Learning3Chapter OutlineRight to Privacy in the WorkplaceWorkplace SafetyThe Right to Health in the WorkplaceSummaryKey Terms© 2015 Cengage Learning4Employee Stakeholders:Privacy, Safety, and HealthThe global recession has shifted the balance of power from employees to employers.Employees are more willing to accept things they don’t like for fear of losing their jobs. An employee’s right to privacy varies from state to stateAn employee’s concerns about safety and health on the job now includes workplace violence.© 2015 Cengage Learning5Right to Privacy in the WorkplaceThe right to privacy in the workplace varies from state to state. Four major workplace privacy issues -Collection and use of employee information in personnel filesIntegrity testingDrug testingMonitoring of employee work, behavior, conversations, and location by electronic means. © 2015 Cengage Learning6Collection & Use of Employee Information by EmployersBackground checks of applicants and current employees have become a source of concern for privacy advocates. Only the state of California limits their use significantly.The Fair Credit Reporting Act (FCRA) applies to employer use of employee consumer reports, including credit reports, criminal background checks, and other information.The EEOC monitors employer use of background checks when discrimination occurs.© 2015 Cengage Learning7Integrity TestsThe Employee Polygraph Protection Act (EPPA)of 1988 Banned most private-sector use of the lie detector.Lie detectors may still be used by employers that provide security services, protection of nuclear facilities, shipment of toxic waste, and the like. Many companies use question and answer integrity tests (honesty tests).Personality tests measure maturity, extroversion, emotional stability, and the like.© 2015 Cengage Learning8Uses of Integrity Testing9© 2015 Cengage LearningDrug Testing (1 of 2) Drug testing is an umbrella term including drug and alcohol testing, and substance abuse.Arguments for drug testing – drug use causes -accidents and injuriesthefta propensity to make poor decisionsdeaths, injuries, ruined livesEmployers have an ethical responsibility to employees and public to provide a safe workplace, secure asset protection, and a safe place to transact business. © 2015 Cengage Learning10Drug Testing (2 of 2) Arguments against drug testing –Violates due process rightsInvades privacy rightsFalse positives from common foods and medicinesIgnores employee’s actual performance© 2015 Cengage Learning11Guidelines for Drug TestingWritten policies, applied impartially.Clear reasons for drug testing should be documented.Notify employees and applicants of drug testing, the right to refuse, and the consequences of refusal. If random testing, tell employees of the safety and security needs that justify testing.All testing should be done uniformly and impartially.Collection, transportation and analysis of specimens should meet legal, technical, and ethical requirements.Qualified review of positive results prior to employer notification.Employee or applicant should be informed and given the chance to explain before the employer is notified.The report to employer should contain only the information needed for work placement purposes or as required for government regulations.© 2015 Cengage Learning12Monitoring Employees on the JobEmployee monitoring occurs at the majority of mid- to large-sized firms.Technology changed the pervasiveness and nature of monitoring - VideotapingRecording phone calls and voice mailReading computer filesMonitoring emails and web accessGPS© 2015 Cengage Learning13Effects of Employee Monitoring - Invasion of privacyUnfair treatmentCreates stress and tensionExcessive pressure to be productiveProduces low moraleCreates a sense of job insecurityThe Electronic Communication Privacy Act of 1986 is the only privacy protection available for electronic monitoring.© 2015 Cengage Learning14Policy Guidelines on the Issues of PrivacyObtain informed consent before acquiring information.Disclose the nature of any surveillance.Set controls to avoid unauthorized spread of information.Collect and use only job-relevant medical and health data.Require reasonable suspicion before doing drug tests.Respect and preserve the boundary between work and home.© 2015 Cengage Learning15Workplace SafetyThe primary U.S. law governing worker safety is the Occupational Safety and Health Act.Sets safety and health standards for workplaces.Applies to all private employers that engage in interstate commerce. © 2015 Cengage Learning16The Workplace Safety ProblemTwo events are forerunners of workplace safety initiatives -The death by cyanide poisoning of an employee of Film Recovery Systems.The poisonous gas leak at the Union Carbide Plant in Bhopal, India.Right-to-know laws - Many states have passed laws imposing a duty on employers to provide employees with information on the hazards of workplace chemicals and to make sure that workers understand what the information means in practical terms.© 2015 Cengage Learning17OSHA’s Hazard Communication StandardsUpdate inventories of hazardous chemicals in the workplace.Assemble material safety data sheets.Ensure that hazardous chemicals are properly labeled.Train workers on the use of hazardous chemicals.Prepare and maintain a written description of the hazard communication program.Consider any problems with trade secrets from the disclosure requirements.Review state requirements for hazard disclosure.© 2015 Cengage Learning18Workplace Violence - One of the four leading causes of death in the workplace. The leading cause of death for women.Despite this, nearly 70% of firms do not have a program to address workplace violence.Contributing factors:Greater tolerance for violenceEasily available weaponsEconomic stressDifficult job marketInsufficient support systems© 2015 Cengage Learning19Workplace Violence -Who is Affected?Workers are most at risk who:exchange money with the public.deliver passengers, goods, or services.work alone or in small groups.work late at night or early morning.work in community settings with extensive public contact.work in high-crime areas.© 2015 Cengage Learning20PreventionOSHA’s “general duty clause” mandates that employers provide safe workplaces– is not specific to violent acts.Employers are held liable for an unsafe act when - The employer neglected to keep the workplace free from a hazard.The hazard was one that is generally recognized by the employer or the industry.The hazard was already causing or likely to cause serious harm.Elimination or removal of the hazard was feasible.© 2015 Cengage Learning21Right to Health in the WorkplaceTo control health care costs, firms have taken drastic steps, including banning smoking. Smoking in the workplace -Growing anti-smoking sentiment in the U.S. and globallyPassive smoke kills thousands in the U.S. each yearThe Environmental Protection Agency (EPA) classifies second-hand smoke s a known carcinogen. © 2015 Cengage Learning22The Family-Friendly WorkplaceWork-Life balance - A state of equilibrium where the demands of a person’s personal and professional life are equal.A desirable state for most workers, but difficult in recessionary economic times.Popular Family-friendly benefits - Dependent care flexible spending accountsBring a child to work in an emergencyOn-site mother’s roomChild-care referral serviceDomestic partner benefits© 2015 Cengage Learning23Family and Medical Leave Act Family and Medical Leave Act (FMLA) -Designed to make life easier for employees with family or health problems.FMLA employee rights -12 weeks of unpaid leave in 12-month periodReinstatement in old or equivalent jobsHealth benefits during leave periodsProtection from retaliation© 2015 Cengage Learning24Americans with Disabilities Act (ADA)Background checksBroad brush EAPChief privacy officer (CPO)Consumer reportsDrug testingElectronic Communication Privacy Act of 1986 (ECPA)Employee Assistance Programs (EAPs)Employee monitoringEmployee Polygraph Protection Act (EPPA)Fair Credit Reporting Act (FCRA)Family and Medical Leave Act (FMLA)Family-friendlyIntegrity tests© 2015 Cengage Learning25Key Terms Personality testsPolygraphPrivacy Act of 1974Privacy in the workplaceRight-to-know lawsSmoking in the workplaceType 1 errorType 2 errorUSA Patriot ActWork / life balanceWorkplace violence© 2015 Cengage Learning26Key Terms
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