Business

Describing her workplace, Cindy says, “We believe a safe and healthy workplace is a right—whether you work in a factory or an office. Is it also an employer’s responsibility to provide for their employees’ mental health? Not everyone may see it as an obligation, but there is great benefit in assisting an employee whose personal issues may be impacting their job performance.”

“I think I am going to have to take time off,” Nancy confessed the other day. “I just can’t seem to manage everything going on in my life, and I can’t concentrate at work.”

“I know things are tough with the divorce—but can you really afford to miss work right now?” her coworker Chloe queried. “Have you seen the information HR posted about the Employee Assistance Program? Let’s get the contact information. It’s completely confidential and available to you and your family. Perhaps they can help. In the meantime, you can talk to your supervisor about the new flexible work hours until things are better.”

Could this level of support “save” a good employee? Learn more about the issues and ethics behind workplace health, safety, and security in Chapter 14.

SHRM HR CONTENT

See Appendix: SHRM 2016 Curriculum Guidebook for the complete list

A. Employee and Labor Relations (required)

23. Posting requirements

B. Employment Law (required)

26. The Occupational Safety and Health Act of 1970 (OSHA)

C. Ethics (required)

6. Behavior within ethical boundaries

14. Abusive behavior—Workplace bullying

E. Job Analysis/Job Design (required)

6. Compliance with legal requirements

Ergonomics and workplace safety (work hazards and mitigation)

K. Total Rewards (required)

B. Employee Benefits

9. Employee assistance/wellness programs

17. Wellness programs

T. HR Career Planning (secondary)

4. Company policies to accommodate work and nonwork activities

X. Workplace Health, Safety, and Security (secondary)

1. OSHA citations and penalties (required)

2. Disaster preparation, continuity, and recovery planning

3. Employee health

4. Inspection

5. Protection from retaliation

6. Safety management

7. Security concerns at work

8. Communicable diseases

9. Data security

11. Ergonomics

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WORKPLACE SAFETY AND OSHA

LO 14-1

Briefly describe what OSHA does in a worksite inspection, the types of violations that OSHA looks for, and employer rights during the inspection.

We now have a workforce that is reasonably compensated, well trained, and productive. The next major management concern is to keep them safe and healthy so that they can continue to perform at high levels. This chapter will first focus on federal workplace safety laws and regulations as well as the governing agencies for industrial safety and health. Later in the chapter, we will cover employee health issues—including the need for work–life balance for our employees, employee assistance and employee wellness programs, and stress—and how they affect our employees. Finally, we will discuss the increasingly important topic of workplace security from the organizational perspective, so let’s get started.

Employees are concerned about safety.1 The HR department commonly has responsibility for ensuring the health and safety of employees and needs to develop policies and rules to provide a safe environment for all groups.2 It works closely with the other departments to enforce safety rules and maintains health and safety records. Employee-owned PCL Construction boasts a safety record five times better than the national average.3 A growing area of safety concern is workplace incivility and violence.4 As a manager, you should know the safety and security rules, be sure your employees know them, and enforce them to prevent accidents and acts of violence.

SHRM

B:26

The Occupational Safety and Health Act of 1970 (OSHA)

The Occupational Safety and Health Act (OSH Act)

Workplace safety is a concern for all companies, but especially in more dangerous industries with higher death rates ranked as construction; transportation and warehousing; agriculture, forestry, fishing, and hunting; professional and business services; and manufacturing.5 Most accidents such as plane crashes,6 and 98% of truck accidents,7 are caused by human error. To help protect employees, the Occupational Safety and Health Act (OSH Act) of 1970 requires employers to pursue workplace safety. Workplace safety deals with the physical protection of people from injury or illness while on the job. Employers must meet all Occupational Safety and Health Administration (OSHA) safety standards, maintain records of injuries and deaths due to workplace accidents, and submit to on-site inspections when notified. Those who do not comply are subject to citations and penalties, usually in the form of fines.8 You may save a few bucks skimping on safety, but it can be very costly, like at BP for the Gulf oil spill.

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Many of you know that OSHA is a US safety and health regulator, but did you know that employers can go to prison for willfully failing to maintain safe work environments? You may have heard that the walls of a building that was being demolished in Philadelphia in 2013 caved in on a Salvation Armystore, killing six people. The company in that case, Campbell Construction, has been cited for willful violations (we will discuss this term shortly) of the OSH Act, and the general contractor, Griffin Campbell, was convicted of involuntary manslaughter and aggravated assault in that case and received a sentence of 15 to 30 years in prison for failing to follow a series of safety procedures. In addition, the crane operator subcontractor who was working on the building when it collapsed was convicted of involuntary manslaughter.9 Willful violations of the OSH Act that cause a death are punishable with a fine of up to $500,000 for the organization and $250,000 and up to 6 months in prison for an individual who is found culpable.

Today, the HR department commonly has responsibility for ensuring the health and safety of employees. HRM works closely with other departments and maintains health and safety records along with managing safety training programs. As an HR manager, it will be absolutely critical that you know the safety rules, be sure your employees know them, and that you and other managers enforce them to prevent accidents. In addition to many specific requirements in the act, the general duties clause in the OSH Act that covers all employers states that each employer10

1. shall furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees;

2. shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.

The general duties clause also states that each employee has a duty to comply with occupational safety standards, rules, and regulations.

In 1970, the year that the OSH Act was passed, job-related accidents accounted for more than 14,000 worker deaths in the United States.11 The good news is that the rate of fatal work injuries has fallen, but the bad news is that in 2015 (the last year of available Bureau of Labor Statisticsinformation), there were still 4,836 fatalities12 and almost 3 million injuries or illnesses, half of which required time away from work.13 This is a rate of about 3 per 100 equivalent full-time workers. Recall from Chapter 1 that absenteeism is one of the major concerns of all managers, and by allowing injuries and occupational illnesses to occur, we are contributing to that absenteeism. So losing this many workdays, as well as more than 4,800 lives, has to be a concern for HRM as well as line managers.

The Occupational Safety and Health Administration (OSHA)

OSHA is the division within the Department of Labor that is charged with overseeing the OSH Act. It was created to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.”14OSHA has broad authority to investigate complaints and impose citations and penalties on employers who violate the OSH Act.

WHAT DOES OSHA DO? OSHA is responsible for setting federal safety and health standards and promulgating those standards to employers. OSHA is also the responsible agency of the federal government for occupational safety and health inspections. Inspections are made without any advance notice to the employer and are done based on the following issues (in priority order):15

• Imminent danger

• Catastrophes (fatalities or hospitalizations)

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• Worker complaints and referrals

• Targeted inspections (particular hazards, high injury rates)

• Follow-up inspections

Inspectors must identify themselves and tell the employer the reason for the inspection upon arrival at the worksite. The employer can decide not to allow the inspection without an inspection warrant (a court order establishing OSHA’s probable cause for the inspection), but this is generally not a very good idea on a number of levels. Besides making it look like the company might have something to hide, it wastes time, and the inspector will be less likely to be disposed to assist the employer in immediately correcting discrepancies that might be found during the inspection—which will ultimately occur anyway after the warrant is provided. In general, it makes more sense to allow the inspection to go on, in accordance with OSHA rules.16

WORK APPLICATION 14-1

Identify any unsafe or unhealthy working conditions that you have observed in any organization (business, sports, school, etc.).

EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER OSHA. General rights of employers and employees are shown in Exhibit 14-1. We want to make sure that company management always stays within their rights in interactions with OSHA.

Employer rights. Employer rights during an inspection are a bit more specific. The employer has a right to get the inspector’s credentials, including their name and badge number, and to receive information on the reason for the inspection—either the employee complaint or the program inspection information.17 The employer also has the right to refuse to allow the inspection without a warrant being provided (which we have already said is generally a bad idea).

Exhibit 14-1 EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER OSHA

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Sources: SHRM, https://www.shrm.org/resourcesandtools/hr-topics/risk-management/pages/osha-employer-inspection-rights.aspx; OSHA, https://www.osha.gov/Publications/3439at-a-glance.pdf (retrieved July 31, 2017).

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14-1 APPLYING THE CONCEPT

Employer Rights and Responsibilities Under OSHA

Respond yes or no to each question regarding employer rights and responsibilities.

a. Yes

b. No

____ 1. Is it permissible to ask the inspector the reason for the inspection?

____ 2. Henry got us into trouble with OSHA, so is it OK to demote him?

____ 3. Is it OK to take some notes during the OSHA inspection?

____ 4. Does OSHA require us to inform and train employees about existing hazards in the workplace?

____ 5. Does OSHA require us to keep records of work-related injuries or illnesses?

____ 6. Does a member of the HR staff have to accompany the OSHA inspector during the site visit?

____ 7. Can we require employees to buy their own safety equipment?

SHRM

X:4

Inspection

So assuming that the inspection is allowed, we need to be aware of some things that we have a right to and that we should do during the inspection.

• If the inspection is being conducted due to a worker complaint, we have the right to get a copy of the complaint (without the employee’s name), and we want to do so because we want to know what is being alleged.

• Secondly, we have a right to have a company representative accompany inspectors as they go through their site visit, and we, as the HR representative, want to accompany them.

There are a few reasons to accompany the inspector. First, we want to understand any violations that the inspector finds and notes because sometimes, no matter how hard a person tries to describe a problem, it will sometimes be unclear unless we see it ourselves. Secondly, in many cases we can immediately fix a discrepancy such as loose lines or hoses strung across a workspace. Although the discrepancy will almost surely still be noted, the inspector will see that we are willing to comply with the law and OSHA regulations quickly and to the best of our ability. This willingness can keep minor infractions from becoming major infractions. Third, we want to make sure that the inspection stays within the scope noted in the complaint or the program inspection guidelines. We don’t really want the OSHA representative wandering all over the worksite, and we have a right to limit their movements to cover only the inspection scope.

An employer representative also has a right to be present when the inspector is interviewing employees (unless the interview is private by request of the employee being interviewed) and the right to stop interviews that are becoming confrontational or disturbing the work environment.

The employer also has a right to inform the employees of their rights during the inspection. The inspector will provide the employer with a list of discrepancies upon completion of their inspection. After an inspection, employers have a right to contest any citations that they receive through OSHA.

SHRM

X:5

Protection From Retaliation

Employee rights. Employee rights during inspections include the right to refuse to be interviewed, or if an employee agrees to an interview, they can request that an employer representative be present or that the interview be held in private. The employee also has the right to legal representation during the interview if they request it, and they can end the interview at any point in time just by requesting that the interview be discontinued. Finally, employees have a right against company retaliation for taking part in an interview with the inspector and telling the truth.18

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14-2 APPLYING THE CONCEPT

Employee Rights and Responsibilities Under OSHA

Respond yes or no to each questions regarding employee rights and responsibilities.

a. Yes

b. No

____ 8. Is it OK to object to the time frame for correction of discrepancies of OSHA standards?

____ 9. Can OSHA make my employer maintain working conditions free from any hazards?

____ 10. If I see hazardous conditions, does OSHA state that I have to tell my supervisor?

____ 11. Do I have to wear this back brace? It is heavy and uncomfortable, and I can’t move as well with it on.

____ 12. If I report hazardous conditions to HR, do I have to tell them who I am?

____ 13. If an OSHA inspector interviews me, can I cover up for the company and say we followed OSHA guidelines so we don’t get into trouble?

____ 14. Do I have to tell my supervisor I just got hurt? I don’t want him to be mad at me for making him do all the paperwork.

HAZARD COMMUNICATION STANDARDS. OSHA requires that all employers maintain information at each work site that describes any chemical hazards that may be present on-site. A new set of Hazard Communication Standards (HCS) was promulgated in 2012 and can be found on the OSHA website (http://www.osha.gov). Under federal law, “All employers with hazardous chemicals in their workplaces are required to have a hazard communication program, including container labels, safety data sheets, and employee training.”19 Safety Data Sheets (SDS) are documents that provide information on a hazardous chemical and its characteristics. The OSHA-required SDS format is provided in Exhibit 14-2 (Items 12–15 are nonmandatory). The SDS provides employees with a quick reference to the hazards of working with a particular chemical compound.20 Electronic versions of SDS are acceptable, as long as there are no barriers to immediate access at the worksite.

SHRM

X:1

OSHA Citations and Penalties

VIOLATIONS, CITATIONS, AND PENALTIES. OSHA violations include the following:21

• Willful—a violation in which the employer knew that a hazardous condition existed but made no effort to eliminate the hazard

• Serious—a violation where the hazard could cause injury or illness that would most likely result in death or significant physical harm

• Other than serious—a violation where any illness or injury likely to result from the hazard is unlikely to cause death or serious physical harm, but the violation does have a direct impact on employees’ safety and health

• De minimis—violations that have no direct or immediate safety or health danger. This does not result in citations or penalties.

• Failure to abate—violations where the employer has not corrected a previous violation for which a citation was issued and the settlement date has passed

• Repeated—violations where the employer has been previously cited for the same type of violation within the previous 5 years

WORK APPLICATION 14-2

Identify any organization (business, sports, school, etc.) that was cited and/or penalized for not meeting OSHA standards. Be sure to provide details of the situation.

Willful and/or repeated violations can bring the employer up to a $126,749 fine for each violation. Failure to abate violations can cost the employer as much as $12,675 per day while the violation continues to exist, and serious violations can also cost the employer a $12,675 fine.22

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Exhibit 14-2 SAFETY DATA SHEETS (SDS) FORMAT

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Source: OSHA, https://www.osha.gov/dsg/hazcom/hazcom-appendix-d.html, retrieved July 31, 2017.

National Institute of Occupational Safety and Health (NIOSH)

NIOSH works under the umbrella of the Centers for Disease Control and Prevention (CDC). NIOSH was also created as part of the 1970 OSH Act, and its mission is global in scope. “[NIOSH] is the federal agency that conducts research and makes recommendations to prevent worker injury and illness.”23 NIOSH notes three major goals in its strategic plan:24

• Conduct research to reduce work-related illnesses and injuries.

• Promote safe and healthy workplaces through interventions, recommendations, and capacity building.

• Enhance international workplace safety and health through global collaborations.

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image

Mark Boster / Los Angeles Times via Getty Images

Workplace safety is of critical importance to employers. Here, Los Angeles prosecutor Hoon Chun and Deputy District Attorney Christopher Curtis discuss the settlement for Bumble Bee Foods’ violation of worker safety rules that caused the death of employee Jose Melina in 2012.

NIOSH routinely works with worldwide government health laboratories and other member nations in the World Health Organization (WHO) to identify workplace issues that can cause illness or injury and to create standards for the WHO member countries. NIOSH also works hand in hand with OSHA to identify workplace illnesses and to track diseases that can be passed from one person to another in the work environment. It does research on occupational safety and health topics from ergonomics (we will discuss this shortly) to MRSA (methicillin-resistant Staphylococcus aureus) infections and workplace violence. NIOSH research frequently provides the data that OSHA uses to create new workplace standards and regulations.

One of the most significant areas of research at NIOSH is communicable disease research. Again, in conjunction with other countries in the WHO, NIOSH has done research on a number of respiratory diseases that can be passed from one person to another, including tuberculosis and various strains of flu virus. NIOSH research attempts to identify methods of transmission and then provide guidelines for minimizing danger of transmission of dangerous diseases that may exist in the workplace. The entire intent of NIOSH research is to make the workplace safer for all employees.

SHRM

X:8

Communicable Diseases

Federal Notice Posting Requirements

There are a number of notices that employers are required to post in a convenient location frequented by employees during normal working hours. The notices or posters contain important information about employee rights and company responsibilities under federal law. OSHA’s Job Safety and Health Protection poster is one of these, but there are also other posting requirements. Take a look at the following information for general federally mandated posting requirements.

SHRM

A:23

Posting Requirements

The Department of Labor provides a number of posting requirements on its website (http://www.dol.gov), and we have reproduced some of the major ones in an abridged version in Exhibit 14-3.25

WORK APPLICATION 14-3

Identify safety and health posters you have seen displayed at any organization (business, sports, school, etc.).

In addition to all of the other requirements, each state has its own posting requirements. Most states have requirements to at least post information on workers’ compensation, unemployment insurance, and state minimum wage laws, while many states have a large number of other requirements as well. We need to become aware of and maintain knowledge of our state’s requirements. Finally, employers must make certain that they also notify new hires of the above information.

EMPLOYEE HEALTH

LO 14-2

Briefly discuss EAPs, EWPs, and ergonomics and what the value of each of these is to companies and employees.

Meeting OSHA requirements is necessary, but there are many other aspects to maintaining good employee health. Employee health is the state of physical and psychological wellness in the workforce. We have to consider both physical andpsychological health in order to have a strong workforce. We need to provide our employees with the ability to maintain both. In this section, we are going to complete a quick review of some of the other physical and psychological issues in today’s workplace.

Work–Life Balance

In analyzing the needs of the workforce, work–life balance is high on the list of issues facing both employers and employees.26 Thus, individual employees and their leaders are seeking work–life balance.27 Work–life balance is a perpetually hot topic.28 With mobile technology, especially the smartphone,29 the boundary between work and nonwork hours becomes fuzzy.30 Some 44% of Internet users regularly perform some job tasks outside of work,31 as employees even check in at work during their weekends and vacations, increasing the likelihood of work–family spillover. On the other side, employees are using company electronic devices for personal use during work hours, such as social media and shopping.32 Spillover is the effect of work and family on one another that generates similarities between the two domains.33

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Exhibit 14-3 DEPARTMENT OF LABOR POSTING REQUIREMENTS FOR BUSINESSES AND OTHER EMPLOYERS

image

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Source: US Department of Labor.

SHRM

X:3

Employee Health

With 40% of full-time American workers logging more than 50 work hours a week,34 organizations are starting to intervene when employees are working too many hours.35 In fact, one in three full-time employees say, “maintaining a healthy work–life balance has become more difficult in the last five years.”36

Although more men are getting more involved in child care,37 and both men and women say balancing work and family life difficulties deters them from seeking executive roles,38 work–life balance is especially difficult for women because of gender family responsibility inequity.39 Balance between work and home lives is sought but rarely happens for long because of work–family conflict. This conflict is also linked with some other bad consequences such as stress; absenteeism; burnout; and dissatisfaction with job, family, and life—all of which can lead to excessive job turnover and the breakup of families.40

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SHRM

T:4

Company Policies to Accommodate Work and Nonwork Activities

To help employees maintain a better work–life balance, the trend is for firms to offer more work–family benefits.41 commonly called family-friendly practices.42 For example, employers are offering flexible work schedules so that employees can start and end work around the times that help them balance work and family, and they also allow their people flexible time off to attend family activities such as parent–teacher meetings and sporting events. Many more firms are offering child care and elder care at or near their place of work than in the past, and they are providing the flexibility for their employees to select this as a standard benefit, as on-site child-care relates to lower absenteeism.43 Some companies, including Campbell Soup and Lowe’s, are providing seminars and workshops on how to better balance work and life. Family-friendly practices also include individual and family counseling benefits to help improve family life so that it doesn’t have a negative impact on work. Such counseling is commonly offered through the employee assistance programs (EAP), our next topic. For more information and help, visit the Families and Work Institute website www.familiesandwork.org.

WORK APPLICATION 14-4

Assess your work–life and/or school–life balance? What percentage of your waking hours are typically devoted to work, school, and personal life? How can you improve the balance?

Employee Assistance Programs (EAPs) and Employee Wellness Programs (EWPs)

Two significant employee services that can assist with work–life balance and other aspects of employee mental and physical health are employee assistance programs (EAPs) and employee wellness programs (EWPs), also known as workplace wellness programs (WWPs). EAPs and EWPs continue to grow in popularity in the United States and other countries around the world, most likely because companies are seeing results from the use of such programs.44

SHRM

K:B9

Employee Assistance/Wellness Programs

EAPS. An EAP is a set of counseling and other services provided to employees that help them to resolve personal issues that may affect their work. About three-quarters of private-sector workers (77%) have access to an employee assistance plan (EAP).45 An EAP is designed to assist employees in confronting and overcoming problems in their personal life such as marital problems or divorce, financial problems, substance addictions, emotional problems, and many other issues. Why do the majority of employers pay for these services? The simple answer is that such services can save valuable employees and, as a result, save the company money if they are available to the employee when they are needed.46,47

SHRM

K:B17

Wellness Programs

EAPs are confidential services provided to the employee. The employee can contact the company EAP and receive counseling and/or treatment for emotional or other personal issues as necessary. In some cases, EAPs may be regulated by federal laws, including the requirements of ERISA and COBRA, so company HR personnel need to be aware of this fact.

WORK APPLICATION 14-5

Select an organization that offers an Employee Assistance Program (EAP) and Employee Wellness Program (EWP). Describe the program offerings.

EWPS. EWPs are designed to cater to the employee’s physical, instead of psychological, welfare through education and training programs. Wellness programs offer health education, training and fitness, weight and lifestyle management, and health risk assessment services to employees. The obvious goal is improving the health of our workforce, but why? There is strong evidence that Americans (and people in most other countries) do not exercise enough. More than a third of Americans are obese, with many more overweight.48 Obesity and excess weight create all kinds of health problems, and we are seeing the effects of overweight employees at work. Many employees have health problems such as diabetes, high blood pressure, and heart disease that are brought on by excess weight. Employee wellness programs (EWPs) work to help our employees become more healthy and fit and to lower the incidence of these types of health problems.

HRM in Action Employee Wellness Programs

In a now-famous Harvard Business Review article, a Harvard lecturer said that “sitting is the smoking of our generation.”49 A research study by the National Institutes of Health says that “sitting for prolonged periods can compromise metabolic health” and that “too much sitting is distinct from too little exercise.”50 Getting people up and moving is valuable to organizations. Companies like Johnson & Johnson claim EWPs have succeeded in slowing health care cost increases because they get employees moving.51 EWPs can return from $2 to $6 in lower health care and lost productivity costs for every dollar spent.52 Another interesting effect of EWPs appears to be lower turnover: “Healthy employees stay with your company. . . . [O]rganizations with highly effective wellness programs report significantly lower voluntary attrition than do those whose programs have low effectiveness (9% vs. 15%).”53 The Affordable Care Act also provides an employer benefit; it allows an incentive for participation in wellness programs of up to 30% of an employee’s total health care premium, up from a 20% premium prior to the law’s passage. So wellness programs provide employers with high return on investment and help with productivity, absenteeism, and turnover. No wonder companies continue to institute these programs.

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We need to remember, though, that EWPs are also regulated at the federal level. There is currently some concern that some EWPs may violate provisions of the Genetic Information Nondisclosure Act (GINA), 54 and because they are employee welfare programs ERISA may apply. Congress is reviewing options to allow EWPs to continue to provide incentives for employee wellness while also being in compliance with GINA. HR managers will want to stay apprised of changes in regulations concerning EWPs so that they can continue to provide wellness services to their employees without violating federal law or regulations.

Ergonomics and Musculoskeletal Disorders (MSDs)

According to OSHA, “Ergonomics is the science of fitting workplace conditions and job demands to the capabilities of the working population.”55 The CDC identifies the goal of ergonomics as being to “reduce stress and eliminate injuries and disorders associated with the overuse of muscles, bad posture, and repeated tasks.”56 Workplace ergonomics focuses on design of jobs and workspaces to limit the repetitive stresses that employees face in doing their daily work. OSHA provides employers with a set of voluntary guidelines on ergonomics in the workplace. These voluntary guidelines took the place of an earlier set of more rigid rules from OSHA on ergonomics that were rescinded by Congress in 2001.57

Several industries, including shipyards, poultry processors, retail stores, and nursing homes, among others, have specific sets of guidelines provided by OSHA. Other industries have the general set of voluntary guidelines published by OSHA.58 It is wise for the organization to know OSHA’s voluntary guidelines for their industry even though the earlier ergonomics rule was rescinded, because the OSHA website notes that “under the OSH Act’s General Duty Clause, employers must keep their workplaces free from recognized serious hazards, including ergonomic hazards. This requirement exists whether or not there are voluntary guidelines.”59

SHRM

E:6

Compliance With Legal Requirements

Ergonomics and Workplace Safety

In addition to the potential for enforcement actions on the part of OSHA, it just makes sense to pay attention to ergonomics. Musculoskeletal disorders (MSDs) affect the body’s muscles, joints, tendons, ligaments, and nerves and can occur in many different work environments. They can take a toll on employee productivity when workers suffer from these issues. MSDs include a commonly known repetitive stress injury (RSI) called carpal tunnel syndrome in which the nerves in the wrist become inflamed and painful, making movement difficult. But a large number of other problems fall under the MSD category, including other RSIs like rotator cuff syndrome, tennis elbow, carpet layer’s knee, and many others.60 All of these problems have the potential to cost the organization money in the form of lost productivity as well as workers’ compensation claims. So paying attention to ergonomics at work can both improve productivity and save the company money.

SHRM

X:11

Ergonomics

Cornell University has an ergonomics program called CUErgo that has a large number of tools to help design jobs that are less stressful on employees; for a listing, go to its website at http://ergo.human.cornell.edu. It provides information from research by the Cornell Human Factors and Ergonomics Research Group (CHFERG).61 It also provides information on everything from hospital work environments to general workstation design in offices and is a great help in identifying potential ergonomic issues in the workplace.

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WORK APPLICATION 14-6

Identify potential ergonomics and musculoskeletal disorders (MSDs) in an industry that you work in or want to work in.

Safety and Health Management and Training

HR managers need to understand OSHArules and standards in order to be able to make the workplace as safe as possible, and offering EAPs and EWPs and stress management training (our next section) is part of safety and health management.

SHRM

X:6

Safety Management

By keeping the number of accidents and incidents low, we lower absenteeism plus increase job satisfaction. Nobody wants to work in an unsafe environment. Because we improve two of our four most important variables at work—absenteeism and job satisfaction—we are almost assured of increasing productivity over time. This is yet another way that HRM can assist in reaching organizational goals while using the fewest organizational resources possible.

STRESS

LO 14-3

Briefly discuss the causes of stress and how it can be managed.

People often have internal reactions to external environmental stimuli. Stress is the body’s reaction to environmental demands.This reaction can be emotional and/or physical and can be caused by a lack of work–life balance.62 According to Forbes, 35% of Americans have thought about leaving a job because of stress at work, and 42% have actually done so!63 As stated in Chapter 1, absenteeism is costly, and there is a relationship between absenteeism and workplace stress.64 Stress levels are on a continuum from low to high. But stress is an individual perception matter. Some people are better at handling stress than others.65 In the same situation, one person may be very comfortable and stress free while another is stressed out. In this section, we discuss functional and dysfunctional stress, the causes of stress, how to manage it, and the stress tug-of-war.

Licensed Video Workplace Stress

WORK APPLICATION 14-7

Describe any safety, health, and stress training offered by an organization, preferably one you work or have worked for.

Functional and Dysfunctional Stress

Let’s begin by describing the difference between functional and dysfunctional stress and the consequences of dysfunctional stress.

WORK APPLICATION 14-8

Assess your ability to deal with stress. Identify when you tend to get stressed and the negative consequences you experience from dysfunctional stress.

FUNCTIONAL STRESS. Stress is functional (also called acute and eustress66 stress) when it helps improve performance by challenging and motivating people to meet objectives. People perform best under some pressure. Stress is an asset that stretches capacity and fuels creativity. When deadlines are approaching, adrenaline flows and people rise to the occasion. Stress actually provides greater strength and focus than we think we are capable of—so long as we are in control of it.67

DYSFUNCTIONAL STRESS. On the other hand, too much stress is dysfunctional because it decreases performance. Stressors are factors that may, if extreme, cause people to feel overwhelmed by anxiety, tension, and/or pressure. Stress that is constant, chronic, and severe can lead to burnout over a period of time.68 Burnout is a constant lack of interest and motivation to perform one’s job.Burnout results from too much stress.69 Stress that is severe enough to lead to burnout is dysfunctional stress.70

NEGATIVE CONSEQUENCES OF DYSFUNCTIONAL STRESS. Some readers may wonder why individual stress is a topic in an HRM text. The fact is that stress has some significant organizational consequences due to its effects on individual employees, so managers need to understand and be able to recognize the symptoms of stress, and especially dysfunctional stress because it causes mental and physical health problems.71 More than 80% of Americans said they were less productive at work because of stress. Excess stress costs an estimated $300 billion a year in absenteeism; decreased productivity; employee turnover; accidents; and medical, legal, and insurance fees.72

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Burnout can cause mental and physical health problems including colds, weight gain, sleep dysfunction, heart disease, depression, ulcers and other stomach problems, and back, neck, and shoulder pain.73 Stress also weakens our immune system, it makes us sick more often, it ages us so we look older, it makes us fatter, it decreases our sex drive, it ruins our sleep, and it can even kill us.74 In fact, at its extremes, stress can cause even more serious problems. For instance, an Uber engineer was said to have suffered so much stress on the job due to overwork that he committed suicide.75 We should always be aware that extreme stress can cause extreme reactions.

Causes of Job Stress

There are five common contributors to job stress: personality type, organizational culture and change, management behavior, type of work, and interpersonal relations.

PERSONALITY TYPE. The Type A personality is characterized as fast-moving, hard-driving, time-conscious, competitive, impatient, and preoccupied with work.76 The Type B personality is pretty much the opposite of Type A. In general, people with Type A personalities experience more stress than people with Type B personalities. If you have a Type A personality, you could end up with some of the problems associated with dysfunctional stress. Complete Self-Assessment 14-1 to determine your personality type as it relates to stress.

14-1 SELF ASSESSMENT

Personality Type A or B and Stress

Identify how frequently each item applies to you at work or school. Place a number from 1 to 5 on the line before each statement.

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_______ 1. I enjoy competition, and I work/play to win.

_______ 2. I skip meals or eat fast when there is a lot of work to do.

_______ 3. I’m in a hurry.

_______ 4. I do more than one thing at a time.

_______ 5. I’m aggravated and upset.

_______ 6. I get irritated or anxious when I have to wait.

_______ 7. I measure progress in terms of time and performance.

_______ 8. I push myself to work to the point of getting tired.

_______ 9. I work on days off.

_______ 10. I set short deadlines for myself.

_______ 11. I’m not satisfied with my accomplishments for very long.

_______ 12. I try to outperform others.

_______ 13. I get upset when my schedule has to be changed.

_______ 14. I consistently try to get more done in less time.

_______ 15. I take on more work when I already have plenty to do.

_______ 16. I enjoy work/school more than other activities.

_______ 17. I talk and walk fast.

_______ 18. I set high standards for myself and work hard to meet them.

_______ 19. I’m considered a hard worker by others.

_______ 20. I work at a fast pace.

_______ Total. Add up the numbers you assigned to all 20 items. Your score will range from 20 to 100. Indicate where your score falls on the continuum below.

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The higher your score, the more characteristic you are of the Type A personality. The lower your score, the more characteristic you are of the Type B personality.

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ORGANIZATIONAL CULTURE AND CHANGE. The amount of cooperation and motivation that a person experiences and the level of organizational morale both affect stress levels. The more positive the organizational culture, the less stress there is. Organizations that push employees to high levels of performance but do little to ensure a positive work climate create a stressful situation. A climate with fear of layoffs can also be extremely stressful. Plus, change is stressful to many people, so cultures that continually make major changes can be stressful.77

MANAGEMENT BEHAVIOR. The better managers are at supervising employees, the less stress there is. Lack of control tends to induce stress. Calm, participative management styles are less stressful. Bad bosses cause employee stress. Workers with bad bosses are more likely to report the stress-related problems that we discussed earlier.78

TYPE OF WORK. Some types of work are more stressful than others.79 People who have jobs that they enjoy derive more satisfaction from their work and handle stress better than those who do not. In some cases, changing to a job with more enjoyable work is a wise move that can lower stress levels. This is one major reason that people decide to make career changes.

INTERPERSONAL RELATIONS. Conflicts among people who do not get along can be very stressful. People who don’t really like the work they must perform but who do like the people they work with can feel less stress and experience higher job satisfaction.

• Time Pressure. The time pressure of a deadline can help motivate completing the task,80 but too much time pressure of deadlines can be very stressful.81

• Smartphones. Smartphones are actually more of a time waster than saver, as the average person stairs at their phone 221 times per day. Repeatedly checking your phone, especially after work hours, can be stressful. Constantly looking at your phone creates eyestrain, and looking down puts stress on your neck and shoulders, which can cause long-term problems.82

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©iStockphoto.com/m-imagephotography

How we manage stress affects our job performance and health.

Stress Management

When we continually feel pressured and fear that we will miss deadlines or fail, we are experiencing stress. People watch TV or movies, drink, take drugs, eat, or sleep more than usual to escape stress. But for the most part, these activities don’t work in the long run because they are used mostly to escape stress rather than to deal directly with the stress.

We can limit job stress,83 so many firms are making wellness a top priority through training employees in stress management because it affects the bottom line.84 EWPs (mentioned earlier in this chapter) frequently provide stress management programs for employees. Stress management is about taking control of stress and making it functional.85 We can reduce stress with stress management interventions by better recognizing and managing stress symptoms as they occur.86 Stress management is the process of reducing stress and making it functional. Here are seven stress management techniques. We don’t need to use them all because little changes can make big differences, so just implement the techniques that interest you.87

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TIME MANAGEMENT. Generally, people with good time management skills experience less job stress.88Vince Lombardi, the famous football coach, said, “Plan your work and work your plan.” Remember that procrastinating gives us more time to think about what we have to do and to get stressed before starting. It’s a huge relief when we finish the task. 89 If we are perfectionists, we may do a high-quality job, but perfectionism stresses us as we perform the work, so sometimes it’s OK to define what is “good enough” and stop there.

RELAXATION. Relaxation is an excellent stress management technique, and we should relax both on and off the job. Laughter releases stress-reducing endorphins that lower blood pressure, relax muscles, stimulate our brain, improve our mood, and increase our oxygen intake—so laugh it up.90 In addition, understand that each of us has our own way of relaxing. Some will read a book; others will lie in the sun; still others will play a game. Religious practices also combat stress, as nearly 100 studies found a positive association between religious involvement and better health, longevity, incomes, and happiness.91 It doesn’t matter how you relax as long as you relax in a way that is soothing to you.

Relaxation on the job. Use relaxation on the job and off when feeling stress coming on by meditating or doing deep breathing and/or muscle relaxation exercises.92

• Meditation. This can be simple. When we feel stress, we can close our eyes and think happy thoughts to calm ourselves: for example, picture ourselves doing something we enjoy or visualize the ocean with waves crashing down. Meditation works well with deep breathing.

• Deep breathing. When feeling stress, simply take five slow, deep breaths, preferably through the nose. Hold each breath (about 5 seconds), then let it out slowly (about 7 seconds), preferably through lightly closed lips. To breathe deeply, we must inhale by expanding the stomach, not the chest. Think of the stomach as a balloon; slowly fill and then empty it. We can also breathe deeply while performing relaxation exercises.

• Muscle relaxation exercises. When feeling stress, we can also perform relaxation exercises. If we feel tension in one muscle, we may do a specific relaxation exercise. We may relax our entire body going from head to toe or vice versa. Exhibit 14-4 lists relaxation exercises that we can do almost anywhere.

Relaxation off the job. We need to relax off the job. Try to leave work behind—don’t do any work while away, and don’t even think about it. If you have a Type A personality, slow down and enjoy yourself. Cultivate interests that do not relate to the job.

• Activities. Take time for yourself and do things you enjoy to relax and get away from work. What do you enjoy doing?

• Sleep. A good night’s sleep makes you more productive.93 Recent research found that 7 hours of sleep a night is the best amount of sleep to function the next day; and skimping on a full night’s sleep, even by 20 minutes, impairs performance and memory the next day. But too much sleep is associated with diabetes, obesity, and cardiovascular disease. Of course, not everyone is average, and some people need more sleep than others.94 A lack of sleep can even cause brain damage,95 and it also makes you more selfish and emotional, and you are more likely to get into arguments and hurt relationships.96

• Sleeping tips. Stress can delay sleep or reduce deep sleep. Working, using the Internet, cellphones, text messages, and caffeine close to bedtime can delay sleep and increase alertness. Doing a relaxing activity, like reading, before going to bed helps us sleep. We should shut off the TV, computer, and cell phone, because the flickering lights from these devices overstimulate our brain and hurt the quality of our sleep.97 Alcohol can promote sleep initially, but it can contribute to wakefulness later.98

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Exhibit 14-4 RELAXATION EXERCISES

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NUTRITION. Good health is essential to everyone’s performance, and nutrition is a major factor in health.99 Underlying stress can lead to overeating and compulsive dieting, and being overweight is stressful on the body. Unfortunately, around 34% of Americans are obese, while another 32% are overweight.100 Men with a waist over 40 inches and women over 35 inches are twice as likely to die a premature death.101 Obesity costs US businesses about $45 billion a year in medical expenses and lost productivity.102 Are you overweight? Do you need to change your eating habits?

We should watch our intake of junk foods, which contain fat (fried meat and vegetables, including French fries and chips), sugar (pastry, candy, fruit drinks, and soda), too much caffeine (coffee, tea, soda), and salt. Artificial sweeteners, like in coffee and diet soda, may not have sugar or calories, but they do increase your risk of developing diabetes and other health problems.103 Eat more fruits and vegetables and whole grains, and drink water and pure juices. Realize that poor nutrition, overeating, and the use of tobacco, alcohol, and drugs to reduce stress often create other stressful problems over a period of time.

WORK APPLICATION 14-9

Identify your major causes of stress; then select stress management techniques you will use to help overcome the causes of your stress.

When we eat, we should take our time and relax, because rushing is stressful and can cause an upset stomach and weight gain. Also, when people eat more slowly, they tend to eat less. Taking a break generates energy and makes us more productive. So we should avoid eating at our work area.

Breakfast is considered the most important meal of the day for good reason. Getting up and going to work just drinking coffee or soda without eating until lunch is stressful on the body. A good breakfast increases our ability to resist stress.

EXERCISE. Contrary to the belief of many, proper exercise increases our energy level rather than depleting it. Physical exercise is an excellent way to improve health while releasing stress.104 If we are stressed for any reason, the fastest way to tame our anxiety can be physical activity. In fact, exercise is usually more effective than antidepressants in making moderate depression disappear.105 Staying fit can reduce the production of stress hormones.106

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Aerobic exercise, in which we increase the heart rate and maintain it for 30 minutes, is generally considered the most beneficial type of exercise for stress reduction. Fast walking or jogging, biking, swimming, and aerobic dance or exercise fall into this category. Playing sports and weight lifting are also beneficial and can be aerobic if we don’t take many breaks and we cross-train by mixing weights with other aerobic exercises.

Before starting an exercise program, check with a doctor to make sure you are able to do so safely. Always remember that the objective is to relax and reduce stress. The “no pain, no gain” mentality applies to competitive athletes, not to stress management.

If we don’t enjoy the workout, we most likely will not stick with it anyway, so pick something fun or at least enjoyable, like playing a sport. Having an exercise partner really makes exercise more enjoyable, and it helps motivate us to show up and exercise when we’d rather not. We may also find out that we get in a great workout when we think we were too tired to exercise.

POSITIVE THINKING. People with an optimistic personality and attitude generally have less stress than pessimists107 because thoughts of gloom and doom (which are often distorted anyway) lead to stress.108 Once we start having doubts about our ability to do what we have to do, we become stressed. Make statements to yourself in the affirmative, such as “This is easy,” and “I will do it.” Repeating positive statements while doing deep breathing helps us relax and increase performance.

SUPPORT NETWORK. Reaching out to supportive family, friends, and colleagues in our network can help reduce stress.109 So we can find a confidant at work or people outside of the workplace and talk things through.110 Venting to people we trust and hearing their support of our abilities relieves stress. Being out of work–life balance is stressful, so cultivate a supportive network of family, friends, and colleagues to help maintain that critical work–life balance.111

CUT BACK SMARTPHONE CHECKING. Stop your addiction to constantly looking at it. Set a time limit of frequency of checking it (such as every half hour), or better yet shut it off for an extended period when you can; especially when you have a high-priority task to complete. When looking at it, hold it higher to help avoid neck and shoulder stress.112 Also, place your other screens (computer monitor, TV) higher so you look up a bit to help offset your downward pressure.

The Stress Tug-of-War

Think of stress as a tug-of-war with you in the center, as illustrated in Exhibit 14-5. On the left are causes of stress trying to pull you toward burnout. On the right are stress management techniques you use to keep you in the center. If the stress becomes too powerful, it will pull us off center to the left, and we may suffer burnout and dysfunctional stress with low performance. If there is no stress, we tend to move to the right and just take it easy and perform at low levels. The stress tug-of-war is an ongoing game. Our main objective is to stay in the center with functional stress, which leads to high levels of performance.113

If we try stress management but still experience long-term burnout, we should seriously consider getting out of the situation. Ask yourself two questions: Is my long-term health important? Is this situation worth hurting my health for? If you answer yes and no respectively, a change of situations may be advisable. Career changes are often made for this reason.

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Exhibit 14-5 THE STRESS TUG-OF-WAR

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WORKPLACE SECURITY

LO 14-4

Identify the top concerns for security in the workplace today and what can be done to make the workplace more secure.

Workplace security is the management of personnel, equipment, and facilities in order to protect them. While workplace safety deals with the issue of minimizing occupational illness and injury, workplace security covers topics such as violence in the workplace (including bullying), bomb threats, management of natural and man-made disasters, risk to company computer systems and intranets, and many other issues. Workplace security is concerned with mitigating these risks to the organization and its members. Securitas Security Services USA, a large security firm, identified Internet/intranet security, workplace violence, active shooter threats, business continuity planning, and mobile security as the top security threats to businesses for the year 2017.114 Prior to 2010, workplace violence had been the number-one concern for more than 10 years, but cyber security in several forms replaced it as the number-one concern in 2010.115 Let’s take a brief look at some of these major workplace security issues in order of concern.

SHRM

X:7

Security Concerns at Work

Cyber Security

While this is not an information systems text, let’s do a quick review of some of the issues companies face today with cyber security in the form of both Internet/intranet and mobile systems security. Cyber security is the use of tools and processes to protect organizational computer systems and networks. This topic has been in the news constantly for the past several years, with concerns that amateur and professional hackers, hactivists, terrorist organizations, and even some governments are working to break into company computer systems and mobile devices for a variety of purposes. In 2014, the US attorney general accused hackers working for the Chinese government of hacking US companies, including Westinghouse, Alcoa, and the United Steel Workers Union.116 More recently, the Russian government was accused of being complicit in hacking various political institutions to try to sway the 2016 presidential election.117Every company has to be concerned with this issue and do what they can to prevent becoming a victim.

SHRM

X:9

Data Security

HRM is especially concerned with outsiders penetrating company computer systems that have sensitive employee information on them, such as information on medical records, payroll and banking data, and other personal data. HR managers must work with company security managers to put up strong roadblocks to outsiders who seek to enter systems with this type of data. In 2013, AvMed left two unsecured laptops with private employee data on them in an unlocked conference room, and they were stolen. The company ultimately agreed to pay a $3 million settlement to the employees for failure to safeguard information in accordance with HIPAA.118 While there is no foolproof way to harden company computer systems, we have to do the best that we can to make it as hard as possible for hackers or other unauthorized users to find and exploit employee data. Obviously, the HR manager won’t be the person to research and implement this type of computer security, but we do need to know that it is an issue. We will work with our company’s computer security managers to make it as hard as possible to get access if a person is not an authorized user. One simple tool is to encrypt any company computers with sensitive data on their hard drives. This makes it much more difficult to gain access to such information.

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14-3 APPLYING THE CONCEPT

Stress Management Techniques

Put the letter of the technique being used on the line next to the corresponding statement.

a. time management

b. relaxation

c. nutrition

d. exercise

e. positive thinking

f. support network

____ 15. “I’ve been stressed out, so I have been praying more lately.”

____ 16. “I’ve been working on positive affirmations, so I have been repeating to myself that ‘I can meet the deadline.’”

____ 17. “I’m not too organized, so I’ve started using a to-do list.”

____ 18. “I’ve been taking a walk at lunchtime with Latoya.”

____ 19 “I’ve been getting up earlier and eating a healthy breakfast.”

____ 20. “I have a bad boss, so I’ve been talking to my colleague Tom about her.”

Workplace Violence

There were 417 workplace homicides in 2015, and workplace shootings rose by 15%. While this is serious, and we need to take precautions to respond if such incidents happen, we should also understand that workplace homicides are still extremely rare and that we should not panic over such statistics. These 417 homicides took place in an environment with tens of millions of businesses.119So for now, let’s focus on anger that can lead to violence and how to prevent it. Human resource managers have reported increased violence between employees, stating it can happen anywhere. And don’t think that this is just an issue of men harming women. Women commit nearly a quarter of all threats or attacks. There has also been an increase in violence between outsiders and employees, such as customers shooting employees and other customers. A psychiatrist at Mercy Fitzgerald Hospital outside Philadelphia was forced to shoot a patient after he had killed a case worker in 2014, and this is just one of thousands of incidents that occur in the United States alone each year.120The key to preventing workplace violence is to recognize and handle suspicious behavior before it turns violent;121 that’s what this subsection is all about.

Licensed Video Workplace Violence

CAUSES OF ANGER AND VIOLENCE. Anger can lead to violence. You have most likely heard of road rage. In business we have desk rage, which can take the form of yelling, verbal abuse, and physical violence. Frustration, stress, and fear also bring out anger.122 Unresolved interpersonal conflicts make people angry.123 In fact, violence is almost always prompted by unresolved conflict, and the violence often takes the form of sabotage against other employees (backstabbing, spreading false rumors) or the organization (damage to property) to get even.124

The physical work environment (such as space to work, noise, odors, temperature [hot], ventilation, and color) contributes to making people angry. A bad work environment (called toxicity) leads to violence. People also tend to copy, or model, others’ behavior. For example, children who have been abused (emotionally and/or physically) are more likely, as parents, to abuse their children. If employees see others being violent, especially managers, and nothing is done about it, they are more apt to also use violent behavior at work. Violence in the community surrounding an organization, including family violence, may be brought into the workplace. Some but not all experts also report that drugs contribute to violence.125

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©iStockphoto.com/julief514

Employees need to find a healthy way to deal with conflict. Unresolved conflict can lead to resentment, anger, and potentially violence.

DEALING WITH ANGER

Your anger and emotional control. A secondary feeling of anger follows many of our feelings. Your boss may surprise you with extra work, which makes you angry. Disappointment often leads to anger. Your coworkers don’t do their share of the work, so you get mad at them. Buddha said, “You will not be punished FOR your anger; you will be punished BY your anger.” Anger can lead to perception problems and poor decisions and hostility, which are stressful and can harm your health.126

It is natural to get angry sometimes, as we cannot control the feeling of anger. However, we can control our behavior, and we can learn to deal with anger in more positive ways to get rid of it. Letting anger build up often leads initially to passively not doing or saying anything but then later blowing up at another person. Here are some tips for effectively getting rid of our anger:

• Use objective, rational thinking. For example, when dealing with customers, tell yourself, “Their anger is to be expected. It’s part of my job to stay calm.”

• Look for positives. In many bad situations, there is some good.

• Look for the humor in the situation to help defuse the anger. Finding appropriate humor can help keep us from moping and getting angry.

• Develop a positive attitude about how to deal with anger. Develop positive affirmations such as “I stay calm when in traffic” (not “I must stop getting mad in traffic”) and “I get along well with Joe” (not “I must stop letting Joe get me angry”).

• Use an anger journal. A first step to emotional control of anger is self-awareness. Answer these questions. How often do you get irritated/angry each day? What makes you irritated/angry? How upset do you get? What feelings do you have when you are angry? What behavior (yell, say specific words, pound desk, do and say nothing, accommodate) do you use when you are angry? Are you good at dealing with your irritations/anger? One good way to improve your ability to control your anger is to write the answers to these questions in an anger journal. It is a method of letting out the anger in an effective way. People who use a journal often change their behavior without even trying.

Anger of others and emotional control. Here are some tips from the Crisis Prevention Institute and the National Institute for Occupational Safety & Health (NIOSH) to help us deal with the anger of others through our emotional control to prevent violence. These tips can be very valuable to us as managers:

• Never make any type of putdown statement, as it can make the person angrier. As stated earlier, you may use appropriate humor to cut the tension, but be careful that it is not viewed as a sarcastic putdown. Such behavior can lead to violence.

• Don’t respond to anger and threats with the same behavior. This is the key to success in maintaining your emotional control.

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• Don’t give orders or ultimatums. This can increase anger and push the person to violence.

• Watch your nonverbal communications to show concern and to avoid appearing aggressive. Use eye contact to show concern, but be aware that staring or glaring can make you appear aggressive. Maintain a calm, soothing tone to defuse anger and frustration. Talking loudly and with frustration, anger, or annoyance in your tone of voice will convey aggression. Don’t move rapidly, point at the person, get too close (stay 2–5 feet apart), or touch.

• Realize that anger is natural and encourage people to vent in appropriate ways. With the aggressor, the problem is usually to keep the behavior acceptable. With the passive person, you may need to ask probing questions to get them to vent, such as “What is making you angry? What did I do to make you mad?”

• Acknowledge the person’s feelings. Using reflective responses by paraphrasing the way the person appears to be feeling shows that we care and helps calm the person so they can get back in control of their emotions.

• Get away from the person if necessary. If possible, call in a third party to deal with the person and leave.

WORK APPLICATION 14-10

Recall a situation in which someone was angry with you, preferably at work. What was the cause of the anger? Did the person display any signs of potential violence? If so, what were they? How well did the person deal with their anger? Give specific tips the person did and did not follow.

SIGNS OF POTENTIAL VIOLENCE. Workplace violence is rarely spontaneous; it is more commonly passive-aggressive behavior in rising steps, related to an unresolved conflict. Employees do give warning signs that violence is possible, so it can be prevented if we look for these signs and take action to defuse the anger before it becomes violent.127

• Take verbal threats seriously. Most violent people do make a threat of some kind before they act. If we hear a threat or hear about a threat from someone else, talk to the person who made the threat and try to resolve the issue.

• Watch nonverbal communication. Behavior such as yelling, gestures, or other body language that conveys anger can also indicate a threat of violence. Talk to the person to find out what’s going on.

• Watch for stalking and harassment. It usually starts small, but it can lead to violence. Put a stop to it.

• Watch for damage to property. If an employee kicks a desk, punches a wall, and so on, talk to the person to get to the reason for the behavior. People who damage property can become violent to coworkers.

• Watch for indications of alcohol and drug use. People can be violent under their influence. Get them out of the workplace, and get them professional help from the EAP if it’s a recurring problem.

• Include the isolated employee. It is common for violent people to be employees who don’t fit in, especially if they are picked on or harassed by coworkers. Reach out to this employee and help them fit in or get them to a place where they do.

• Look for the presence of weapons or objects that might be used as weapons. You may try talking to the person if you feel safe, but get security involved if you feel the least bit unsafe.

SHRM

C:6

Behavior Within Ethical Boundaries

BULLYING IN THE WORKPLACE. Have you ever been the victim of a bully—on the school playground or at work? Managers do not want their company put into the news spotlight because of such behavior. Bullying behaviors have been found to be four times more common than sexual harassment,128 but there are still no laws at the national level in the United States that deal directly with bullying as an offense.129 There are certainly ways in which managers can use existing laws when bullying behaviors are based on protected-class characteristics (e.g., race, religion, disability, etc.) or other illegal actions such as assault or sexual harassment, but there is no federal law directly associated with workplace bullying.

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SHRM

C:14

Abusive Behavior: Workplace Bullying

HR managers need to know the state and local laws that can be used for bullying behaviors, but they also need to address the issue in company handbooks and provide training on processes that should be used if someone suspects bullying behaviors or are themselves a victim of such behavior.

ORGANIZATIONAL PREVENTION OF VIOLENCE. The number-one preventive method is to train all employees to deal with anger and prevent violence,130 which is what you are learning now. In addition, company culture should encourage employees to talk about any concerns about coworkers or others that they think might be violent toward others.131 However, the starting place is with a written policy addressing workplace violence, and a zero-tolerance policy is the best preventive policy. From the HR manager’s perspective, it is very important to take quick disciplinary action against employees who are violent at work. Follow these steps to help stop any type of violent behavior in your organization:

1. Develop a policy on bullying and other forms of violent behavior, defining the concepts and making it clear that such behavior will not be tolerated.

2. Train all employees on the policy on a routine basis—typically at least once per year and upon hiring of new employees.

3. Develop mechanisms for reporting violent behaviors that are outside the normal chain of command, since such behavior frequently occurs with supervisors who have control over other employees.

4. Investigate all reported incidents using the Just Cause procedures that we discussed in Chapter 9.

5. Take prompt, fair disciplinary action with those individuals who have been found to be guilty of any violent behaviors, whether senior members of the organization or subordinate individuals.

As discussed in Chapter 10, the organization should have a system for dealing with grievances, and it should also track incidents of violence as part of its policy. Organizations can (and should when allowed by law) also screen job applicants for past or potential violence so that they are not hired. They should also develop a good work environment, addressing the issues listed earlier as causes of violence. Demotions, firing, and layoffs should be handled in a humane way following the guidelines to deal with anger, and outplacement services to help employees find new jobs can help cut down on violence. Finally, it is probably prudent in most, if not all, companies to hold training on active shooters and practice active shooter drills on an ongoing basis.132

INDIVIDUAL PREVENTION OF VIOLENCE. One thing you should realize is that the police department will not help prevent personal or workplace violence. Police only get involved after violence takes place. We have already given you most of the tips. But here are a few more tips.133 Keep in mind that there is always potential violence, and look for escalating frustration and anger to defuse it before it becomes violence. Never be alone with a potentially violent person or stand between the person and the exit. Know when to get away from the person, and utilize the organization policy of calling in security help if you are concerned. Report any troubling incidents to security staff.

Social Media for Workplace Safety and Security

We have discussed a number of areas of HRM that have been enhanced through the use of social media. This is another case where social media tools can assist companies in dealing with a situation in which employees may need information quickly and accurately. Organizations around the world are establishing security alert systems like Rave Guardian and AlertMedia to be used in the case of a company emergency of any type, including a violent individual or group on organization property. The systems use existing technology like Twitter and text messaging to provide immediate warnings to all persons who are signed up to receive alerts, and they can even provide information on what steps to take to remain safe in such situations. These systems have already undoubtedly saved lives in violent incidents in many companies, and any company without such a system should probably look at installing the capability as soon as feasible.

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WORK APPLICATION 14-11

Recall a situation in which you were angry with someone, preferably at work. What was the cause of your anger? Did you display any signs of potential violence? If so, what were they? How well did you deal with your anger? Give specific tips you did and did not follow.

Employee Selection and Screening

We discussed tools concerning employee selection and screening in Chapter 6, but we need to be reminded of some of them again here because of their importance to company security. The first tool that we want to make sure that we use in employee screening is background checks. Recall that we can be held liable for monetary damages if we are guilty of a “negligent hire.” One way to guard against such a hire is through the consistent use of criminal background checks that specifically look for a history of violent actions or threats of violence on the part of an applicant or employee. Even in states and cities that have passed “ban-the-box” laws, a background check can generally be completed once a conditional employment offer is extended.

Other background checks can also help with organizational security. Web searches can sometimes turn up negative information on an applicant that may show that they are a potential security risk, even when criminal checks do not. In addition, credit checks might show evidence of a history of unethical behavior that would make it more likely that an applicant might be unscrupulous and might even intentionally harm other employees if hired. So we do have some tools available in background checks to mitigate the risk of hiring the wrong type of person.

In addition to background checks, substance abuse testing can provide us with a tool to minimize the security dangers in your company. As we noted in Chapter 6, “Most employers have the right to test for a wide variety of substances in the workplace,”134 and the former head of the White House Office of National Drug Control Policy has said that the “issue of drugs in the workplace is an understated crisis that results in $200 billion in lost productivity annually.”135 According to SHRM, “Substance abuse prevention is an essential element of an effective workplace safety and security program. Properly implemented preventive programs—including drug and alcohol testing—protect the business from liability.”136 The US Department of Justice noted that “the link between drug use and crime has been well-documented in recent years.”137 Screening out substance abusers in the applicant stage can minimize security threats to the organization, because there is strong evidence that at least some substance abusers will commit crimes, including violent crimes at work in many cases.

SHRM

X:2

Disaster Preparation, Continuity, and Recovery Planning

General Security Policies, Including Business Continuity and Recovery

Common disasters and emergencies might include such events as fires, floods, earthquakes, severe weather, tsunamis, terrorist attacks, bomb threats, and many others. Some are dependent on the company’s geographic location, while others are universal possibilities. One thing is sure, though—disasters and emergencies happen without warning, creating a situation in which the normal organizational services can become overwhelmed or even disappear. You may remember the nuclear crisis in Fukushima, Japan, when a tsunami wiped out electrical power to a nuclear plant and then, because there was no power to pump water, several of the reactors melted down. During such a crisis, companies require a set of processes that address the needs of emergency response and recovery operations. The power company, TEPCO, did not have a sufficient process for such a disaster. To address these types of emergencies, the company should establish an emergency response plan, which provides guidelines for immediate actions and operations required to respond to an emergency or disaster, and these guidelines need to take into consideration everything that a company can think of in order to provide the appropriate plan.

The overall priorities of any plan in any emergency or disaster should be these:

• Protect human life; prevent/minimize personal injury.

• Preserve physical assets.

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• Protect the environment.

• Restore programs and return operations to normal.

The overall objective is to respond to the emergency and manage the process of restoring the organization, as well as its associated programs and services.

But what part does the HRM professional play in this planning process? HRM should be part of the management team that determines the goals of the plan. Once the goals are determined, HR can again help operational management to staff the various key positions in the disaster recovery teams by understanding the types of people that are necessary to do these jobs under crisis circumstances.

Additionally, HR is typically responsible for the training function in the company, and everyone in the organization needs to be trained on the plan and its processes. The training should also become part of the new employee orientation (Chapter 7) so that all personnel are aware of the correct responses to potential emergencies. There are many examples of good emergency response and business recovery plans out there on the Internet for free. All the company needs to do is find a good sample and modify it for their particular circumstances and the likely disasters that would occur based on their geographic locations. A company in Arkansas probably doesn’t need a plan for tsunami recovery, while a company on the coast of California is unlikely to need tornado or hurricane sheltering plans.

One final thing that HRM needs to determine is where extra assistance might come from if needed because of a disaster or emergency. For instance, if severe weather were to kill and injure a number of company employees, grief counseling services might become necessary. Most companies don’t routinely have grief counselors on hand, but in this type of situation, they may need access to such counselors very quickly. HRM can think of likely situations and their aftermaths and determine where these types of services might be procured if the need presented itself. One potential provider in at least some cases might be the vendor that services the company EAP. Recall that EAPs are services for the psychological well-being of our employees. Therefore, they may have the needed personnel to handle the psychological aftermath of a disaster.

TRENDS AND ISSUES IN HRM

LO 14-5

Discuss the new OSHA regulation on drug testing and the value of wellness organizations like eDocAmerica.

What are some of the significant trends and issues in workplace safety and health? First, we are going to explore a new OSHAregulation concerning when we can complete drug testing. The second item we will take a look at is a program that uses the Internet to promote workplace health—a trend that is occurring with greater frequency in today’s workplaces, so let’s get started.

OSHA Limits Postaccident Drug Testing

In late 2016, OSHA announced new rules on workplace safety programs to take effect in January 2017. While rule-making by OSHA is not unusual, some of the provisions of one of the new rules included significant changes that require many companies to revisit their workplace drug and alcohol testing policies. The new rule—29 CFR 1904—basically made it illegal to do blanket post-accident drug and alcohol testing. In the eyes of OSHA, these blanket policies “have the effect of retaliating against workers who report injuries.”138

OSHA says workplace drug testing policies should be limited to cases in which drug use likely contributed to the accident to prevent these policies from having a punitive effect. In other words, if we have a policy to automatically drug test someone who reports that they had an accident and then punish them because we found drugs in their system, the assumption is that the employee may not report such accidents if they can avoid doing so. OSHA wants to remove the potential punishment to encourage truthful reporting of workplace accidents.

Using the same logic, OSHA also said that “it considers injury-free incentive programs may also deter reporting of injuries.”139 So if the company provides an incentive for “zero workplace accidents for the quarter,” OSHA would consider that to be a deterrent to reporting, and it would violate their safety regulations.

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What can companies do under the new regulation? Do we have to stop using postaccident drug testing? No, that isn’t the case. Employers can continue to use such testing in any case where there is “a reasonable possibility that drug use by the reporting employee was a contributing factor to the reported injury or illness to justify an employer requiring a drug test [emphasis added].”140 Also, OSHA will not issue citations for drug testing required under a mandatory state law, a voluntary drug-free workplace law, workers’ compensation law, or other federally-regulated program,141 so employers can and should continue testing under these programs.

However, most employers will likely need to review and update their current testing policies. “Remove any blanket testing rules for OSHA post-accident testing and make certain testing occurs only when there is a reasonable basis to assume drug use contributed to an accident or injury.”142 “All post-accident policies should be reviewed and updated to ensure that the language is not retaliatory and does not deter or discourage the reporting of illnesses or injuries.”143

Companies will also need to look at requiring supervisory training, since they will need to recognize potential impairment and determine whether there is reasonable evidence (remember Chapter 10’s discussion of reasonable evidence) that drug use may have contributed to an accident before we can legitimately apply postaccident drug testing.144 If we follow these guidelines, the new rules should not create a significant barrier to drug testing after a workplace accident.

eDocAmerica: Health and Wellness Online

One example of a new kind of online provider of occupational and employee health-related services is eDocAmerica, found at http://www.edocamerica.com. eDocAmerica is a health care service provider that “gives individuals and their family members unlimited email access to board certified physicians, psychologists, pharmacists, dentists, dietitians and fitness experts who provide personal answers to all health-related questions.”145 eDocAmerica was started by a physician at the University of Arkansas for Medical Sciences to provide outreach services to employees of client businesses.

The services of eDocAmerica and other similar providers make it much easier and quicker for employees of client firms to get answers to most of their routine health questions. This has two major benefits. First, it allows the employee to take more control of their personal and family health, and second, it takes some pressure off of the larger health care system because employees are not running to the doctor’s office every time they need a simple question answered.

As a side benefit for the organization, it appears that companies may save money on their group health insurance plans because of the lower utilization rates made possible by quick and easy email access to expertise. eDocAmerica has so far been quite successful in creating a more open and accessible health care system with their client company employees. This is just one of the new breed of web-based providers of safety and health services to companies and employees. We will likely continue to see more companies with similar services come online in the near future.

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Get the tools you need to sharpen your study skills. Access practice quizzes, eFlashcards, video and multimedia, and more at edge.sagepub.com/lussierhrm3e .

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DIGITAL RESOURCES

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Workplace Safety, Health, and Security*

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Workplace Accidents and Prevention

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Assessment of Workplace Safety Symbols

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Workplace Violence*

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Healthy Employees

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A Union-Initiated Safety Training Program Leads to Improved Workplace Safety

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Workplace Stress*

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Can Stress Actually Kill You?

* premium video only available in the interactive eBook

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CHAPTER SUMMARY

14-1. Briefly describe what OSHA does in a worksite inspection, the types of violations that OSHA looks for, and employer rights during the inspection.

OSHA can inspect a worksite without advance notice. The inspector will identify themselves and provide the reason for the inspection when they arrive. Once the employer provides access to the worksite, the inspector will do an inspection. The inspector has the right to interview employees during the inspection and may do so unless the interview becomes confrontational or disruptive of the work environment. The inspector will provide the employer with a list of discrepancies upon completion of the inspection.

Violations include the following:

1. Willful—where the employer knew that a hazardous condition existed but made no effort to eliminate the hazard

2. Serious—where the hazard could cause injury or illness that would most likely result in death or significant physical harm

3. Other than serious—where any illness or injury incurred is unlikely to cause death or serious physical harm, but the violation does have a direct impact on safety and health

4. De minimis—violations that have no direct or immediate safety or health danger

5. Failure to abate—where the employer has not corrected a previous violation for which a citation was issued and the settlement date has passed

6. Repeated—the employer has been cited for the same type of violation within 5 years

The employer has a right to ask for positive identification from the OSHA inspector. The employer also has a right to know the reason for the inspection. Employers can refuse to allow the inspector into the worksite, unless they have a court order, but this is usually not a very good idea. The employer also has a right to have a representative accompany the inspector and has the right to tell employees their rights in the inspection process. The employer can also have a representative in any interviews unless the employee specifically requests that the interview be private, and the employer can stop interviews if they become disruptive. Finally, the employer has the right to contest any citations that they receive.

14-2. Briefly discuss EAPs, EWPs, and ergonomics and what the value of each of these is to companies and employees.

EAPs and EWPs both help employees with their work–life balance. EAPs provide confidential counseling and other personal services to employees to help them cope with stress created by personal issues related to either work or home life. EWPs help employees with their physical wellness. They provide programs to employees such as health education, training and fitness programs, weight management, and health risk assessments.

Ergonomics is the science of fitting workplace conditions and job demands to the capabilities of the working population. The goal of ergonomics is to reduce stress and limit injuries due to overuse of muscles, bad posture, and repetitive tasks. OSHA provides guidelines on ergonomics in the workplace that are voluntary but that can be assessed during an inspection based on the general duties clause of the OSH Act. OSHA also has specific ergonomic guidelines for a number of different industries, so HR representatives should check to make sure that they are following OSHA guidelines based on the industry that they are a part of.

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14-3. Briefly discuss the causes of stress and how it can be managed.

The major causes of stress include personality type, organizational culture and change, management behavior, type of work, and interpersonal issues. Type A personalities, weak organizational cultures and rapidly changing organizations, bad management, jobs that employees don’t enjoy, and poor interpersonal relations all make stress more prevalent in the workplace. Stress management techniques include good time management skills, the ability to relax once in a while (in whatever form you choose), good nutrition, moderate amounts of exercise, positive thinking skills, and a strong personal support network. All of these tools help us cope with stress successfully.

14-4. Identify the top concerns for security in the workplace today and what can be done to make the workplace more secure.

The five biggest concerns of employers today are Internet/intranet security, workplace violence, active shooter threats, business continuity planning, and mobile security. Cyber security in the form of both Internet/intranet and mobile security deals with the company’s computers and network security, including how mobile devices connect to those company systems. Workplace violence is another major issue because of the continuing rise in incidents of workplace violence. Active shooter threats, while uncommon, must be taken seriously, and companies should take precautions to respond if such an incident happens to them. Business continuity planning has become a much more significant issue to most employers in the past 10 years, partly because of terrorism threats but also because of a number of large-scale environmental and natural disasters worldwide.

Companies need to do the following:

1. Develop a policy on violent behavior, defining the concepts and making it clear that such behavior will not be tolerated.

2. Train all employees on the policy on a routine basis.

3. Develop mechanisms for reporting violent behaviors that are outside the normal chain of command.

4. Investigate all reported incidents using Just Cause procedures.

5. Take prompt, fair disciplinary action with those found guilty of any violent behaviors.

14-5. Discuss the new OSHA regulation on drug testing and the value of wellness organizations like eDocAmerica.

OSHA announced new rules that basically made it illegal to do blanket post-accident drug and alcohol testing. OSHA says these blanket policies have the effect of retaliating against workers who report injuries. Employers can continue to test when there is “a reasonable possibility” that drug use by the reporting employee was a contributing factor to the reported injury or illness to justify an employer requiring a drug test. However, companies need to go over existing policies and train supervisors on the new regulation.

eDocAmerica is an online provider of occupational and employee health-related services that gives individuals and their family members unlimited email access to board-certified physicians, psychologists, dietitians, and the like who provide personal answers to all health-related questions. The main benefits are that the employee can take control of their health and that it takes some pressure off of the larger health care system because employees are not constantly going to the doctor’s office.

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KEY TERMS

burnout 521

cyber security 527

EAP 519

employee health 516

ergonomics 520

EWPs 519

Safety Data Sheets 514

stress 521

stressors 521

workplace safety 510

workplace security 527

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KEY TERMS REVIEW

Complete each of the following statements using one of this chapter’s key terms.

1. _________ is the physical protection of people from injury or illness while on the job.

2. _________ are documents that provide information on a hazardous chemical and its characteristics.

3. _________ is the state of physical and psychological wellness in the workforce.

4. _________ is a set of counseling and other services provided to employees that help them to resolve personal issues that may affect their work.

5. _________ are designed to cater to the employee’s physical, instead of psychological, welfare through education and training programs.

6. _________ is the science of fitting workplace conditions and job demands to the capabilities of the working population.

7. _________ is the body’s reaction to environmental demands.

8. _________ are factors that may, if extreme, cause people to feel overwhelmed by anxiety, tension, and/or pressure.

9. _________ is a constant lack of interest and motivation to perform one’s job.

10. _________ is the management of personnel, equipment, and facilities in order to protect them.

11. _________ is the use of tools and processes to protect organizational computer systems and networks.

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COMMUNICATION SKILLS

The following critical-thinking questions can be used for class discussion and/or for written assignments to develop communication skills. Be sure to give complete explanations for all answers.

1. Are some number of occupational illnesses and injuries an acceptable part of doing business? Why or why not? Explain your answers.

2. Do you foresee a situation in which you would ever refuse to allow an OSHA inspector on your worksite? Why or why not?

3. What actions would you take if you were the company representative accompanying an OSHA inspector who found a serious violation in your company? Explain your answer.

4. Is there ever a reason why a company should be charged with a failure to abate a hazard in the workplace? Can you think of any situations that might cause such a charge that would be outside the employer’s control?

5. Do you think the OSHA and NIOSH occupational safety and health requirements generally make sense? Why or why not?

6. If you were in charge, would you put an EAP into place at your company? How about an EWP? Why or why not?

7. Can you think of some things that you might be able to institute at work for very little or no cost in order to improve work–life balance for your employees? Be specific in your answers.

8. Have you ever suffered from an MSD injury? Were you able to recover from it? What did you do to help you recover or mitigate the problem associated with the MSD injury?

9. Do you think that you suffer from too much stress? Name a few things that you could do to minimize the dysfunctional stress in your life.

10. Go through the process of how you would train your employees on a new business continuity and disaster recovery plan. What do you think the most important part of the training would be? Why?

11. Should smoking be banned in all buildings where smokers and nonsmokers have to work together? Why or why not?

12. What programs would you put into effect as a leader in order to make your employees understand that occupational safety and health are critical to a modern company?

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CASE 14-1 HANDLING THE UNHEALTHY EMPLOYEE

Bill is an award-winning newspaper reporter for the city news who can crank out twice as many feature articles as anyone else. To keep relevant in a period of downsizing in the newspaper industry, Bill also maintains the newspaper blog and social network pages. Over time, his work hours grew. He often chain-smoked his way to 3 hours of sleep or less. He gained weight and started to develop a considerable waist. He always had snacks by his desk because he had little time to go out to a restaurant or make a home-cooked meal.

Bill was known to be irritable and often yelled at his colleagues for not getting information he needed for articles. “Time is important. The second reporter to the story might as well be the last reporter to the story.” His colleagues thought he was too pushy and often yelled back at him.

One morning he collapsed at his office desk. He was rushed to the hospital via ambulance. Doctors found that he’d had a retinal stroke with loss of significant vision in his right eye. Doctors said he would be fine as long as he would lose weight and take better care of himself.

Diane is the owner/manager of the newspaper and is concerned about Bill’s condition, along with that of with the other overworked reporters and editors who have been survivors of the many downsizings over the years. She has decided to implement several stress and health management policies to help maintain productivity while keeping the employees healthy. In an employee meeting, she mentioned several new initiatives as follows:

“First, in the past, smoking has been limited to offices. Now smoking will be banned from the building. If you want to smoke, there will be a designated smoking area in back of the building.

“Second, in the past, vending machines have had junk food. Now the machines have been eliminated. Fresh fruits and vegetables will be provided for free in the cafeteria.

“Third, periodically, courses on healthy eating and exercise will be provided by experts. These courses will be regarded as important as mandatory staff meetings. The courses will last for approximately 1 hour and may involve minor physical activity.

“Fourth, health checks by a nearby medical service will be available for free twice a year. This will be totally paid for by our organization.

“Finally, if management feels that you are overworked or overstressed, we would like to sit down with you and talk to see what is happening.”

Bill was aghast at this new policy. In discussions with a colleague, Bill said the following:

“Diane is trying to impose her will and culture upon me. Smoking relaxes me. I write better when I smoke. Now that there is a no-smoking policy in the office, this is the one thing that would increase my blood pressure through the roof.”

“The vending machines were a convenient way to get food. I am a carnivore, and I like my occasional beef jerky. I like my chips. Granola is for the birds.”

“The mandatory classes concerning nutrition and exercise are a waste of time for the staff. If there is a great story out there, it is more important to get the story in the middle of the day than waste time on Diane’s religion. The newspaper provides significant financial incentives for each feature that is published every week. I write the most features because I am good at it, I write fast, and I need the money. My wife’s sick in the hospital, and I’ve got two teenagers to feed. I might lose my house.”

“The ‘free’ medical service and management visits about health are basically nosy efforts by management to pry into personal business. It is none of management’s business to intervene in my personal affairs.”

There are several other reporters in the office who feel the same way as Bill and have threatened to resign if Diane’s initiatives go through. The reporters offered a very simple alternative of having the newspaper add 3 days of sick leave benefits per year. They feel that Diane has no right to impose her lifestyle and her culture on them. Diane especially has no right to monitor the lifestyle and personal habits of employees that do not affect work.

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Diane counters the group by saying that lifestyle and culture can affect work. “If you are not healthy, in the long term, you will not be productive. I want you around for a long time.”

Questions

1. What are the causes of stress in Bill’s organization?

2. Has Diane gone too far in imposing a smoking policy, removing junk food from the vending machines, and offering free medical service and management visits?

3. Diane has selected several ways to reduce the stress and improve the health of her employees. What other ways did the chapter mention she could also use to reduce stress and improve employee health?

4. What do you think about the reporters’ sick leave proposal?

Case created by Gundars Kaupins, Boise State University

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CASE 14-2 YOU ARE NOT HURT? GOOD—YOU’RE FIRED!

CEO Ashley Chen founded ActioNet (AN) in 1998, supporting clients hailing from industries including transportation, manufacturing, telecommunications, retail, the public sector and financial services; their most prominent clients include the Departments of Labor and Energy and Qwest with IT services. AN is a full-service IT firm providing their clients with project management, custom software development, network design, computer security assessment, training, systems integration, and design and consulting services.(1)

AN’s “core values” include instilling integrity in everything they do, innovating to enable their mission, making their customers and each other successful, achieving service delivery excellence and partnering for success.

At ActioNet, we are committed to conducting our business with integrity, not only doing things right, but also doing the right things. We believe in transparency and accuracy with open and honest communication. Being fair and ethical are an integral part of how we do business and strengthens our relationships.(2)

Core values aside, the firms of V. James DeSimone Law and Navab Law won a substantive civil law suit against AN, alleging that their client was subjected to wrongful termination and workplace violence. (See Case 2:14-cv-00792-AB-PJW, Yowan Yang v. ActioNet, Inc.) Why did AN have to pay $2.4 million plus $5 million in punitive damages to Los Angeles employment lawyers Jim DeSimone and Kaveh Navab’s client? How is this possible given the firm’s core values and their belief in open and honest communications?

Mr. Yang was originally hired as an employee of L-3 National Security Solutions in September 2008 and became an employee of AN when they took over L-3’s federal contract to the Federal Aviation Administration in April 2010. Yang provided technical support to the contract and was employed by AN because of his prior excellent performance. He continued to excel at his job with AN, obtaining merit pay and superior evaluations, the last one leading to a pay raise merely a few months before his job loss. The problems started at AN when they hired Cy Tymony to provide similar services as Yang. Yang and Tymony were placed on the same work group and worked in close proximity (4 feet away from one another).(3)

Yang said he and Tymony had several public incidents in the workplace, including some in which Tymony was publicly upset because Yang had either stored cans of soda in the office freezer or was eating candy during a staff meeting, according to the amended complaint. Towards the end of the meeting, Tymony pounded his fist against a cubicle, told Yang that he had no respect for others, and cursed several times, the later-filed complaint said. On July 24, 2012, both Tymony and Yang met individually with supervisors to see who would be willing to move to another cubicle, according to the complaint. After Tymony left the meeting, he loudly complained that Yang was an “asshole” who chewed ice. After Yang suggested that Tymony move his cubicle, Tymony grabbed him by the neck and, yelling curses, threatened his life.(4) The results? Yang’s workstation lay in a shambles, the result of Tymony’s losing control of his emotions.

AN took quick, albeit questionable, action. They fired both Tymony and Yang on the spot without supporting documentation. Although a federal investigation 2 days later indicated no wrong doing on Yang’s part (he was called a “complete victim”), AN took no further action in the matter. One would have expected AN to rehire Yang, or at least do their own research on the matter. Worse, AN never responded to requests from Yang asking for a rationale for his firing as well as a demand for his job back.

Mr. Yang then filed a civil legal complaint that said that rather than properly investigate the incident, AN simply moved to quickly fire him and the other employee, causing him emotional harm and making it difficult for him to find a new job.

After being fired “for cause,” Mr. Yang applied unsuccessfully for hundreds of jobs, says DeSimone, his lawyer. Mr. Yang lost his career, his apartment, his independence, his self-worth, and his self-esteem.(5)

AN argued in the case that it should not be held responsible because of any violent tendencies of Tymony, because he was fit to perform his job, because there is no evidence that the company tolerated Tymony’s conduct and because Tymony was not acting in the “course and scope” of his job during the altercation.(6)

AN was penalized and Mr. Yang compensated for what the jury regarded as callous disregard of Mr. Yang’s rights. “The jury sent a loud and clear message via this case to companies that harassment, workplace violence and termination would not be tolerated. ActioNet never took responsibility for its wrongful conduct and the jury held them accountable.”(7)

Questions

1. This case was a civil case. How might it have become a federal case under OSHA’s charge?

2. How might ActioNet have not upheld their OSHA responsibilities?

3. Although a federal investigation 2 days later indicated no wrongdoing on Yang’s part (he was called a “complete victim”), ActioNet took no further action in the matter. If these were OSHA investigators, under what category of violation might ActioNet be subject to penalty?

4. Stress might have been the cause of Tymony’s intolerable conduct. Which cause(s) of stress might have accounted for his inexcusable behavior?

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5. What are the causes of workplace violence, and how might they help us better understand this case?

6. What are the signs of potential violence, and were any exhibited in this case?

7. What trends or issues in workplace safety apply to this case?

References

(1) Green, T. (n.d.). ActioNet Inc. Hoovers. Retrieved May 15, 2017, from http://0-subscriber.hoovers.com.liucat.lib.liu.edu/H/company360/overview.html?companyId=130020000000000

(2) Anonymous. (n.d.). Who we are. ActioNet. Retrieved May 15, 2017, from https://www.actionet.com/about-us/

(3) DiSimone, J. (2016, March 18). Workplace violence wrongful termination case. V James DiSimone Law. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/Blog/2016/March/Workplace-Violence-Wrongful-Termination-Case.aspx

(4) Penton, K. (n.d.). Tech co. must pay $7.4M to worker choked at office. Portfolio Media. Inc. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/documents/law360.pdf

(5) DiSimone, J. (2016, March 18). Workplace violence wrongful termination case. V James DiSimone Law. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/Blog/2016/March/Workplace-Violence-Wrongful-Termination-Case.aspx

(6) Penton, K. (n.d.). Tech co. must pay $7.4m to worker choked at office. Portfolio Media. Inc. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/documents/law360.pdf

(7) DiSimone, J. (2016, March 18). Workplace violence wrongful termination case. V James DiSimone Law. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/Blog/2016/March/Workplace-Violence-Wrongful-Termination-Case.aspx

Case created by Herbert Sherman and Theodore Vallas, Department of Management Sciences, Long Island University School of Business, Brooklyn Campus

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SKILL BUILDER 14-1 DEVELOPING A STRESS MANAGEMENT PLAN

Objective

To develop your skill at managing stress

Skills

The primary skills developed through this exercise are as follows:

1. HR management skills—Conceptual and design

2. SHRM 2016 Curriculum Guidebook—X: Workplace health, safety, and security

Assignment

Write out the answers to these questions:

1. Identify your major causes of stress.

2. How do you currently manage stress?

3. Select stress management techniques you will use to help overcome the causes of your stress.

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SKILL BUILDER 14-2 SAFETY, HEALTH, AND SECURITY

Objective

To assess the safety, health, and security at your place of work, school, and home and to recommend improvements

Skills

The primary skills developed through this exercise are as follows:

1. HR management skills—Conceptual and design

2. SHRM 2016 Curriculum Guidebook—L: Training and development

Assignment

Write out the answers to these questions:

1.A. How safe do you feel at work, at school, and at home? Have you seen any OSHA violations?

1.B. How can safety be improved at work, at school, and at home?

2.A. Has your place of work, school, or home experienced a cyber attack, including social media? Have you seen or experienced any uncontrolled anger, bullying, or violence at work, at school, or at home?

2.B. How can security be improved at work, at school, and at home?

3.A. How good is your balance of work, school, and home life? Is there an EAP and/or EWP available to help you?

3.B. How can you improve your balance?