Safety and Health
Learning Objectives
By the end of this chapter, you should be able to:
• Describe the overall duties and responsibilities imposed by the Occupational Safety and Health Act.
• Explain the nature of recognized safety and health hazards.
• List safety regulations applicable to most workplaces.
• Define the nature of workplace violence in the workplace.
• Formulate basic approaches to preventing workplace violence.
• Recognize the effects of workplace bullying.
INTRODUCTION
A grim reality is that workers get sick, injured, and killed at work. According to the Bureau of Labor Statistics (BLS), there are approximately 3.7 million private sector nonfatal illnesses and injuries reported annually. More than half of the private industry injury and illnesses cases reported were of a more serious nature that involved days away from work, job transfer, or restriction. Among state and local government workers there are nearly one million injury and illness cases reported annually. (Source: BLS News Release, Workplace Injuries and Illnesses – 2008, dated October 29, 2009)
The Occupational Safety and Health Act of 1970 (the Act or the OSH Act) was passed by a bipartisan Congress “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” Under the OSH Act, the Occupational Safety and Health Administration (OSHA) was established to:
• Develop and enforce safety and occupational health regulations, called “standards,” that require employers to adopt or use practices or processes considered reasonably necessary to protect workers on the job. In many cases these are minimum procedural and performance standards for safe operation. The Act specifically obligates employers to comply with the standards.
• Maintain a reporting and record-keeping system to monitor job-related injuries and illnesses.
• Encourage employers and employees to reduce workplace hazards and implement or improve safety and health programs.
• Provide for research in occupational safety and health.
• Establish training programs to increase the number and competence of occupational safety and health personnel.
• Establish separate but dependent responsibilities and rights for employers and employees to achieve better safety and health conditions.
• Provide for state-level occupational safety and health programs in those states wanting to establish their own programs.
Under the OSH Act, it is an employer’s responsibility to become familiar with standards applicable to its business and to ensure that employees follow the organization’s safety and health policies and procedures. Since the employer can only act through its managers and supervisors, the duty to implement your organization’s safety and health policies fall squarely on their shoulders.
Since implementation of the organization’s safety and health policies are an integral part of a manager’s or supervisor’s responsibility, the HR team should ensure that these duties are reflected in job descriptions and are incorporated into a manager’s or supervisor’s annual job performance review, and that managers and supervisors receive training on their safety and health responsibilities.
The HR team can help guarantee the safety and health of all workers through (a) clearly defining the organization’s safety and health policies, (b) training supervisors and managers on their responsibilities under these policies, and (c) supporting their efforts in training and causing employees to follow all work rules and procedures.
THE OSH ACT
Coverage of the OSH Act is very broad and covers most employers.
• A covered employer is any “person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State.” An employer only needs to have one employee to be covered by the Act.
• Federal employees are covered under the Act’s federal employee occupational safety and health programs.
• United States Postal Service employees are subject to the same OSH Act coverage provisions as private sector employers.
• American Indians and Indian tribes, whether on or off reservations, and non-Indians on reservations, are treated as employers subject to the requirements of the Act.
• Nonprofit, charitable organizations, churches and religious organizations are all covered by the Act.
Therefore, the Act applies to employers and employees in such varied fields as manufacturing, construction, longshoring, agriculture, law and medicine, charity and disaster relief, organized labor, and private education. Such coverage includes religious groups to the extent that they employ workers for secular purposes.
The Act does not cover:
• States or political subdivisions of a State. The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. Therefore, public sector employees working for state, county, or city governments are not covered by the OSH Act. However, twenty-six states and territories have federally approved state OSH plans under which all employees are covered. Exhibit 5-1 lists the states and territories that have their own approved programs.
• Self-employed individuals without any employees.
• Particular working conditions addressed by regulations or standards affecting occupational safety or health that are issued by federal agencies other than OSHA, or by a state atomic energy agency. Other federal agencies that have issued requirements affecting job safety or health include the Mine Safety and Health Administration and some agencies of the Department of Transportation.
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xhibit 5-1 |
Alaska
Arizona
California
Connecticut*
Hawaii
Indiana
Iowa
Kentucky
Maryland
Michigan
Minnesota
Nevada
New Jersey*
New Mexico
New York*
North Carolina
Oregon
Puerto Rico
South Carolina
Tennessee
Utah
Vermont
Virginia
Virgin Islands*
Washington
Wyoming
* New York, New Jersey, Connecticut and Virgin Islands plans cover only public service workers.
• Family farms at which only immediate family members work.
• Homeowners because “employer” is defined as one who engages in “business affecting commerce.” So homeowners that hire someone to clean their homes or babysit their children are not covered by OSHA.
The federally approved OSH plans of most states simply mirror the federal OSH Act regulations; however, the laws of some states (California, Oregon, and Washington, for example) do contain significant differences. Links to individual state plans can be found at www.osha.gov.
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Exercise 5-1 |
Instructions: Answer the questions and perform the suggested research.
1. Is your organization covered by the federal OSH Act? 
Yes No
If your answer was “no,” explain why.
________________________________________________
________________________________________________
2. Are you in a state with an approved OSH plan? Yes No
If your answer was “yes,” then:
a. Access www.osha.gov.
b. Find the link to your state plan.
c. Become familiar with your state’s OSH plan requirements.
THE GENERAL DUTY CLAUSE
As a practical matter it would be impossible to identify and write a set of standards for every job or industry. Therefore, where no specific OSHA standards have been developed, Section 5 of the OSH Act, called the General Duty Clause (GDC), comes into play. The GDC is the foundation of American safety law and reads:
(a) Each employer
1. shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
2. shall comply with occupational safety and health standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his or her own actions and conduct.
Anything that is likely to cause serious injury or death can be a “recognized hazard.” If there is a workplace hazard but OSHA has no specific rule or standard dealing with it, OSHA inspectors, Compliance Safety and Health Officers (CSHOs), will turn to the GDC to enforce the “spirit” of the OSH Act. Employers must take whatever abatement actions are feasible to eliminate these hazards. If an employer fails to do this, OSHA can issue a citation under the GDC.
In addition to specifically stating that employers must adhere to the standards, the GDC also obligates employees to comply with the standards and other safety rules regulations and orders. However, OSHA has no authority to directly issue citations to or levy penalties on employees. Sections nine and seventeen of the Act that authorize OSHA to issue citations and levy fines limit these actions to the employer. Consequently OSHA enforces this part of the law through the employer. Just as with laws like Title VII and the ADA, DOL takes the position that the employer is in the best position to control what its managers and employees do in the workplace; therefore, if the employer does not force employees to follow the standards, then it is the employer that is liable. As with other laws, if facts indicate that the employer knows or has reason to believe that its workers aren’t following the law, and the employer fails to act, then the employer will be cited and fined —not the workers themselves.
Temporary workers over whom an employer is exercising daily supervision are considered to be employees of that employer even if they are not “on the payroll”—such as a day laborer from an employment agency, for example. Therefore, the employer has a duty to provide temporary workers with a workplace free from recognized hazards that are causing or are likely to cause serious injury or death.
An employee ordinarily does not have the right to refuse to undertake work he or she considers dangerous. The employee’s job may be protected if he or she has a good faith belief that the work poses an imminent danger. (See Exhibit 5-2.)
THE STANDARDS
“Standard” means a stated, repeatable way of doing something. It is a published document that contains technical specifications or other precise criteria designed to be used consistently as a rule, guideline, or definition. The OSHA standards require conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment. The standards are published in the Federal Register and the Code of Federal Regulations.
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xhibit 5-2 |
Refusing to do a job because of potentially unsafe workplace conditions is not ordinarily an employee right under the OSH Act. (A union contract or state law may, however, give you this right, but OSHA cannot enforce it.) Refusing to do work that by its nature has the potential for injury or death but for which the employee was hired and is qualified to do may result in disciplinary action by the employer. However, employees do have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger.
“Good faith” means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist.
Section13(a) of the Act defines imminent danger as “any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act.” Often “imminent danger” refers to any danger that is not normally present in a job, or to any dangerous conditions in which a worker would not normally perform his or her work.
The following conditions must be met before a hazard becomes an imminent danger:
• There must be a threat of death or serious physical harm. “Serious physical harm” means that a part of the body is damaged so severely that it cannot be used or cannot be used very well.
• For a health hazard there must be a reasonable expectation that toxic substances or other health hazards are present and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency. The harm caused by the health hazard does not have to happen immediately.
• The threat must be immediate or imminent. This means that you must believe that death or serious physical harm could occur within a short time, for example before OSHA could investigate the problem.
• If an OSHA inspector believes that an imminent danger exists, the inspector must inform affected employees and the employer that he is recommending that OSHA take steps to stop the imminent danger.
• OSHA has the right to ask a federal court to order the employer to eliminate the imminent danger.
Note: OSH Act Section 11(c)(1) prohibits an employer from discharging or discriminating against any employee who exercises “any right afforded by” the Act. Also see: Whirlpool Corp. v. Marshall, 445 U.S. 1 (1980). Therefore, an employee cannot be fired for refusing to do a job if they believe in good faith that they are exposed to an imminent danger.
A number of OSHA standards incorporate by reference “national consensus standards.” A “national consensus standard” means any standard or modification thereof which (1) has been adopted and promulgated by a nationally recognized, standards-producing organization, such as the American National Standards Institute (“ANSI”), under procedures whereby it can be determined by the Secretary of Labor or by the Assistant Secretary of Labor that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption; (2) was formulated in a manner which afforded an opportunity for diverse views to be considered; and (3) has been designated as such a standard by the Secretary or the Assistant Secretary, after consultation with other appropriate federal agencies.
Federal Register
The Federal Register, published by the Office of the Federal Register, National Archives and Records Administration (NARA), is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. The Federal Register can be accessed at: http://www.gpoaccess.gov/fr/.
Code of Federal regulations (CFR)
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis.
The CFR is divided into 50 titles that represent broad areas subject to Federal regulation. Title 29 covers labor (OSHA standards). Title 29 can be found on the OSHA website: www.osha.gov. Titles are divided into “Parts” and Parts contain individual standards. Exhibit 5-3 depicts how the standards’ citation (numbering) system works. You will find the following standards to be relevant to most businesses:
Title 29 CFR Part 1904 |
Recordkeeping |
Title 29 CFR Part 1910 |
General Industry |
Title 29 CFR Part 1915 through 1922 |
Maritime |
Title 29 CFR Part 1926 |
Construction |
Title 29 CFR Part 1928 |
Agriculture |
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xhibit 5-3 |
|
Exercise 5-2 |
Instructions: Locate the OSHA standard 1910.39(c) Minimum Elements of a Fire Prevention Plan by following the steps listed.
1. Go to website: www.osha.gov
2. Select the link: “General Industry” under the heading “Regulations/Standards”
3. Select the link: 1910.39 Fire Prevention Plans
4. Locate 1910.39(c)
Performance-Based Standards
The standards are performance-based—employers are told what to do, not how. OSHA standards may require conditions, or the adoption or use of one or more practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job. It is the responsibility of employers to become familiar with standards applicable to their establishments.
Because the standards are performance-based, employers must review a number of interpretive resources to understand OSHA’s view of what a standard means. Interpretive resources available on OSHA’s website include:
• Letters of Interpretation
• Explain OSHA’s interpretation of the requirements set by statutes, standards, and regulations—and how these requirements apply to particular circumstances
• Cannot create additional employer obligations
• Are updated by OSHA from time to time, based on new information
• Compliance Directives (CPLs)
• Guide CSHOs in enforcing the standard that the directive addresses
• Ensure consistent inspection procedures are followed
• Guidelines
• Issued by OSHA
• A tool to assist employers in recognizing and controlling hazards
• Voluntary—failure to implement a guideline is not itself a violation of the GDC
• More flexible than standards
• Preambles
• Legislative history of a standard
• eTools
• “Stand-alone,” interactive, Web-based training tools on occupational safety and health topics
• Highly illustrated, with graphical menus
Basic Requirements
The standards have been written over the course of many years under various administrations and administrators. Consequently, they are not uniform in the manner in which they are written or in their requirements. However, three basic requirements are found in many standards. The employer must:
1. Undertake a hazard assessment to determine if the dangers of a particular standard are present in the workplace; hazards include fumes, dusts, vapors, slip, and trip hazards, or fire hazards. If such dangers are found, the employer must take steps to eliminate or mitigate them. OHSA recommends that you eliminate or abate hazards by taking the following steps in sequence:
• Engineering Controls—fix it, vent it, remove it, or substitute something less dangerous for it.
• Work Practice Controls—work practices involve the way a task is performed and include:
Good housekeeping
Use of proper procedures to perform a task
Use of appropriate personal hygiene practices
Provision of supervision to ensure that the proper procedures are followed
Periodic inspection and maintenance of process and control equipment
Use of administrative controls
• Administrative Controls—controls of this type generally involve scheduling of the work or the worker and include:
Limitation of activity
Job rotation
Training
Disciplinary action
• Personal Protective Equipment (PPE)—includes a variety of devices and garments to protect workers from injuries to:
| Eyes | Feet |
| Face | Hands |
| Head | Arms |
| Ears | Whole body |
The employer must pay for all personal protective equipment except:
The employer is not required to pay for non-specialty, safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty, prescription safety eyewear, provided that the employer permits such items to be worn off the job site.
When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.
The employer is not required to reimburse the employee for normal work boots.
The employer is not required to pay for ordinary clothing, skin creams, or other items used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.
2. Draft and have available to all employees (as well as CSHOs) written safety plans specific to standards relevant to the subject workplace.
3. Provide effective training to employees. A number of standards contain specific training requirements. For example, regarding personal protective equipment, employers are required to train each employee who must use PPE to know at least the following:
• When PPE is necessary
• What PPE is necessary
• How to properly put on, take off, adjust, and wear the PPE
• The limitations of the PPE
• Proper care, maintenance, useful life, and disposal of PPE
Employers should make sure that each employee demonstrates an understanding of the PPE training as well as the ability to properly wear and use PPE before they are allowed to perform work requiring the using it. If an employer believes that a previously trained employee is not demonstrating the proper understanding and skill level in the use of PPE, that employee should receive retraining. Other situations that require additional or retraining of employees include changes in the workplace or in the type of required PPE that make prior training obsolete.
The employer must document the training of each employee required to wear or use PPE by preparing a certification containing the name of each employee trained, the date of training and a clear identification of the subject of the certification.
SIGNIFICANT STANDARDS
There are numerous standards with even more numerous sections and subsections, and it can be challenging to determine which regulations actually apply to your own organization. However, a number of standards apply to most employers, including:
• Fire Safety
• Emergency Action Plans
• Employee Right-to-Know (hazardous chemicals)
These standards are summarized in Web Exhibit 5-1 at
www.amaselfstudy.org/go/HRPractice.
WORKPLACE VIOLENCE
Workplace violence includes, but is not limited to, intimidation, threats, physical attack, domestic violence, or property damage and includes acts of violence committed by employees, clients, customers, relatives, acquaintances, or strangers against employees in the workplace. Exhibit 5-4 provides various workplace violence definitions.
Certainly workplace violence can be defined as “recognized hazards that are causing or likely to cause death or serious physical harm” under the GDC. Therefore, the employer’s duty to provide a safe workplace free from foreseeable workplace violence is directly derived from the OSH Act.
In addition, because Section 5(b) puts a duty on each employee to comply with workplace rules, including those related to workplace violence, it is important that you (the employer) have a written, published, and widely disseminated workplace violence policy. In this regard, many of the features of a sexual harassment policy should appear in your workplace violence policy, including: (a) definitions of the prohibited conduct; (b) a statement that employees may complain without fear of retaliation; (c) identities of official(s) to whom complaints should be directed; (d) a statement that an objective and fair investigation will be conducted, (e) a statement that confidentiality will be maintained to the greatest extent possible and that appropriate action will be taken. See Sexual Harassment in Chapter 3.
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xhibit 5-4 |
Intimidation is engaging in actions that include but are not limited to stalking or behavior intended to frighten, coerce, or induce duress.
Threat is the expression of intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future.
Physical attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.
Domestic violence is the use of abusive or violent behavior, including threats and intimidation, between people who have an ongoing or prior intimate relationship. This could include people who are married; live together or date; or who have been married, lived together or dated.
Property damage is intentional damage to property and includes property owned by the organization, its employees, visitors, or vendors.
All employees should know how to recognize and report incidents of violent, intimidating, threatening, and disruptive behavior. See Exhibit 5-5, Warning Signs of Escalating Behavior.
All employees should have phone numbers for quick reference during a crisis or an emergency. In addition, workplace violence prevention training for employees should include, at minimum, the following topics:
• Your organization’s workplace violence policy
• Encouragement to report incidents and the procedures to do so
• Ways of preventing or defusing volatile situations or aggressive behavior; see Exhibit 5-6, Personal Conduct to Minimize Violence
• Ways to deal with hostile persons
• Managing anger
• Techniques and skills to resolve conflicts
• Stress management, relaxation techniques, wellness training
• Security procedures, as well as the location and operation of safety devices such as alarm systems
• Personal security measures
• Programs operating within the organization that can assist employees in resolving conflicts, such as the Employee Assistance Program (EAP)
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xhibit 5-5 |
| Warning Signs | Suggested Responses |
| Confusion | |
|
Behavior characterized by bewilderment or distraction. Unsure or uncertain of the next course of action. |
• Listen to their concerns. • Ask clarifying questions. • Give them factual information. |
| Frustration | |
|
Behavior characterized by reaction or resistance to information. Impatience. Feeling a sense of defeat in the attempt of accomplishment. May try to bait you. |
• See steps above. • Relocate employee to quiet location or setting. • Reassure them. • Make a sincere attempt to clarify concerns. |
| Blame | |
|
Placing responsibility for problems on everyone else. Accusing or holding you responsible. Finding fault or error with the action of others. They may place blame directly on you. Crossing over to potentially hazardous behavior. |
• See steps above. • Disengage and bring a second party into the discussion. • Use teamwork approach. • Draw client back to facts. • Use probing questions. • Create “yes” momentum. |
| Anger – Judgment Call Required | |
|
Characterized by a visible change in body posture and disposition. Actions include pounding fists, pointing fingers, shouting. or screaming. This signals very risky behavior. |
• Use venting techniques. • Don’t offer solutions. • Don’t argue with comments made. • Prepare to evacuate or isolate. • Contact supervisor and/or security. |
| Hostility – Judgment Call Required | |
|
Physical actions or threats which appear imminent. Acts of physical harm or property damage. Out-of-control behavior signals they have crossed over the line. |
• Disengage and evacuate. • Attempt to isolate person if it can be done safely. • Alert supervisor and contact security immediately. |
Source: Minnesota Department of Labor and Industry, www.dli.mn.gov
The most important portion of an organization’s violence program is a sound prevention plan. At a minimum your violence plan should include the following programs:
Pre-Employment Screening – The HR team should develop policies and procedures regarding pre-employment screening techniques, including interview questions, background and reference checks, and drug testing if it is appropriate for the position under consideration and consistent with federal and state laws and regulations.
Security – Maintaining a safe work place is part of any good prevention program. Some methods of ensuring a safer workplace include employee photo identification badges, guard services, and individual coded key cards for access to buildings and grounds.
Threat Assessment Team – Some organization organize an interdisciplinary team to work with management to assess the potential for workplace violence and, as appropriate, develop and execute a plan to address it.
Work and Family Life Programs – Some organizations establish work and family life programs such as flextime, flexiplace, and child care.
Prevention and Response – HR’s Role
The HR team has vital roles to play in preventing or reacting to workplace violence. HR should:
• Check prospective employees’ backgrounds prior to hiring.
• Develop, with upper management, a policy statement that indicates the organization will not tolerate violent or disruptive behavior and that all reports of incidents will be taken seriously and dealt with appropriately.
• Include workplace violence training in all employee orientation training sessions.
• Provide for supervisory training which includes basic leadership skills, such as setting clear standards of conduct and performance, addressing employee problems promptly, and using performance counseling, discipline, and other management tools conscientiously.
• Make available technical expertise and consultation to help supervisors determine what course of administrative action is most appropriate in specific situations.
• Determine whether sufficient evidence exists to justify taking disciplinary action once the investigation of any misconduct is complete.
• Ensure that performance standards of appropriate staff reflect the importance of workplace safety and security.
• Provide for briefings on workplace violence at staff meetings.
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Exercise 5-3 |
Has your organization experienced any forms of workplace violence? Yes No If it has, what form of workplace violence was it?
Check 
all the types that apply and briefly describe what happened.
Intimidation__________________________________________________________________
Threat__________________________________________________________________
Physical attack__________________________________________________________________
Domestic violence__________________________________________________________________
Property damage__________________________________________________________________
What did your organization do to remedy the situation?
What do you feel can it do in the future to prevent a reoccurrence?
Types of Workplace Violence
Workplace violence occurs in a variety of forms.
Violence by Strangers
Violence by strangers involves verbal threats, threatening behavior, or physical assaults by an assailant who has no legitimate business relationship to the workplace.
According to OSHA, violence by strangers is responsible for the majority of fatal injuries related to workplace violence nationally. OSHA has both guidelines and an eTool on its website addressing workplace violence. See Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers; Risk Factors and Protective Measures for Taxi and Livery Drivers, Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments; and eTool – Teen Worker Safety in Restaurants.
Violence by Customers or Clients
Violence by customers or clients involves verbal threats, threatening behavior, or physical assaults by an assailant who either receives services from or is under the custodial supervision of the affected workplace or the victim. Assailants can be current or former customers or clients and can be: (a) individuals that have exhibited violent behavior in the past; or (b) those that are “situationally” violent—such as individuals provoked when they become frustrated by delays or by the denial of benefits or social services.
Violence by Coworkers
Violence by coworkers involves verbal threats, threatening behavior, or physical assaults by an assailant who has some employment related involvement with the workplace, e.g., a current or former employee, supervisor, or manager.
Violence by Personal Relations
Violence by personal relations involves verbal threats, threatening behavior, or physical assaults by an assailant who, in the workplace, confronts an individual with whom she or he has or had a personal relationship outside of work. Personal relations include a current or former spouse, lover, relative, friend, or acquaintance.
Risk Factors and Symptoms
Employees as well as managers should be trained to recognize the stages of workplace violence. That recognition is essential in order for the employer to intervene in a timely and appropriate manner before a violent episode occurs. Management should have a plan in place for appropriate, early intervention.
A proactive approach can greatly help in reducing workplace violence and in mitigating its impact if it does occur.
WORKPLACE BULLYING
Workplace bullying may also be called psychological harassment, mobbing, psychological terrorism, or organizational violence.
Workplace bullying refers to repeated, unreasonable actions of individuals (or a group) directed towards an employee (or a group of employees), which is intended to intimidate and creates a risk to the health and safety of the employee(s). If severe enough, bullying can become a recognized health hazard and therefore become a violation of the GDC.
Bullying is different from aggression. Whereas aggression may involve a single act, bullying involves repeated attacks against the target, creating an ongoing pattern of behavior.
Bullying includes behavior that intimidates, degrades, offends, or humiliates a worker—often in front of others. Bullying behavior creates feelings of defenselessness in the target and undermines an individual’s right to dignity at work. The impact of bullying on victims includes:
Physical ailments |
Irritability |
Anxiety |
Nervousness |
Insomnia |
Insomnia |
Stress |
Fatigue |
Depressive states |
Burnouts |
Suicide |
|
Many victims are unable to continue working and suffer financial loss.
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xhibit 5-6 |
Follow these suggestions in your daily interactions with people to de-escalate potentially violent situations. If at any time a person’s behavior starts to escalate beyond your comfort zone, disengage.
Source: Minnesota Department of Labor and Industry, www.dli.mn.gov
Corporate or Institutional Bullying
Bullying from managerial personnel generally takes the following forms:
• Overwork and unrealistic work demands—placing unreasonable expectations on employees, where failure to meet those expectations means making life unpleasant for (or dismissing) anyone who objects
• Withholding information and resources
• Arbitrary removal of responsibilities
• Public humiliation
• Lack of professional autonomy
• Favoritism and nepotism
• Excessive competitive work environment
• Disorganized working conditions
• Ambiguous tasks or contradictory tasks
• Tasks that are deprived of purpose
• Constant threats of dismissal
• Lack of communication
• Intimidation
Co-Worker Bullying
Co-worker bullying often takes the following forms:
• Making constant negative remarks
• Repeated criticism or sarcasm
• Constant intimidation
• Threatening words or actions
• Making insinuations
• Circulating false information
• Social isolation
Cyberbullies and Cyberstalkers
Cyberbullying and cyberstalking have become significant issues both within and external to the workplace. According to the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) report, Stalking Victimization in the United States (NCJ 224527), http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1211, an estimated 3.4 million persons identified themselves as victims of stalking during a 12-month period. About half of these victims experienced at least one unwanted contact per week from the offender and 11 percent had been stalked for five or more years.
The report defined stalking as a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Some statistics from the report indicate:
• The most common types of stalking behavior reported by victims were receiving unwanted phone calls from the offender (66 percent), receiving unsolicited letters or email (31 percent), or having rumors spread about them (36 percent).
• Nearly a third of victims reported that offenders were equally likely to show up at places with no reason to be there or wait for the victim at a particular location.
• More than one in four stalking victims reported that some form of cyberstalking was used, such as email (83 percent of all cyberstalking victims) or instant messaging (35 percent).
• Nearly 75 percent of victims knew their offender in some capacity, and about one-tenth of all victims were stalked by a stranger.
• Stalking victims most often identified the stalker as a former intimate (22 percent) or a friend, roommate, or neighbor (16 percent).
• About 130,000 victims reported that they had been fired or asked to leave their job because of the stalking.
• About one in eight of all employed stalking victims lost time from work because of fear for their safety or to pursue activities such as getting a restraining order or testifying in court. More than half of these victims lost five days or more from work.
Cyberbullies are individuals whose aim is to gain gratification from the distress caused by provoking and tormenting others over the internet or through texting. These individuals generally send out flame mail and hate mail.
• Flame mail is an email where contents are designed to inflame and enrage.
• Hate mail is hatred (including prejudice, racism, and sexism) in an email.
Cyberstalkers engage in repeated, nonconsensual contact with their victims. “Nonconsensual contact” means “any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual’s expressed desire that the contact be avoided or discontinued.”
Suggestions about what you should do if you or an employee are being bullied or stalked include:
1. Generally, it is not a good idea to communicate with a harasser.
a. If you believe you’re being harassed, clearly tell the person to stop. Don’t explain. Just demand they leave you alone and never contact you again.
b. Sometimes it is helpful to copy this message to the abuse department of the harasser’s internet service provider (ISP). Keep a record of this message for your records.
2. Do not respond to any further messages of any sort from the harasser.
a. Don’t respond, don’t interact, and don’t engage.
b. Don’t have anyone contact the harasser on your behalf.
3. Save everything.
a. Don’t delete or throw whatever the harasser sends you away. Save absolutely every communication you have with the harasser—email, chat logs, etc.
b. If the harasser has created a Web site about you, save copies of it to your local system and have someone you trust—who would testify in court for you if necessary—do the same.
c. If you receive any phone calls from the harasser, work with your phone company to have them traced immediately.
d. If you receive any kind of postal mail or other offline communications, save them (along with any envelopes and boxes in which they were sent.
e. Do not destroy any evidence—and do not handle it more than absolutely necessary or permit anyone else to do so. Immediately turn the evidence over to the police. Place envelopes and letters in plastic bags to preserve any possible fingerprints.
4. Complain to the appropriate authorities—for example, whatever service provider you or the harasser is using.
5. Determine what you want the end result to be.
6. Finally: Be realistic. Is it reasonable to get the harasser to stop? Yes. Is it reasonable to expect an apology or to get some sort of revenge? No!
In this chapter, you learned that virtually all employers have an affirmative duty to protect their employees from anything that can reasonably be foreseen and is causing or likely to cause serious injury or death.
In addition, employers must comply with and adhere to safety and health standards that require safe working conditions and/or the adoption or use of work practices and methods necessary or appropriate to provide a safe and healthful employment environment. Employees also have a duty to comply with all safety and health rules applicable to their workplace.
HR practitioners must understand the basic tenets of the Occupational Safety and Health Act of 1970 (the Act or the OSH Act) as they apply to their workplaces. They should also demonstrate an understanding of the General Duty Clause and the OSHA standards as needed. Nearly all employers need to observe OSHA standards governing fire and safety, emergency action plans, and employee right-to-know (hazardous chemicals).
You learned that workplace violence can be any act of physical violence, threats of physical violence, harassment, intimidation, or other threatening, disruptive behavior that occurs at the work site. Workplace violence can affect or involve employees, visitors, contractors, and other nonemployees. Often bullying is a form of workplace violence causing disruption to the workplace and significant psychological harm to the victim.
Basic workplace violence prevention approaches include having a clear workplace violence policy coupled with both employee and supervisory training. Basic prevention strategies include pre-employment screening, security, threat assessment teams, and work and family life programs.
You also learned that organizations should have policies in place to deal with workplace bullying, which can take the form of corporate or institutional bullying, co-worker bullying, and cyberbullying and cyberstalking.
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Review Questions |
1. Intimidation is:
(a) intentional damage to property and includes property owned by the organization, its employees, visitors or vendors.
(b) engaging in actions that includes, but is not limited to, stalking or behavior intended to frighten, coerce, or induce duress.
(c) unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects.
(d) both (a) and (c).
1. (b)
2. The OSH Act is enforced by:
(a) the Department of Health and Human Services.
(b) the National Institutes of Occupational Safety and Health.
(c) the Occupational Safety and Health Administration.
(d) NOAA.
2. (c)
3. Bullying is different from aggression because it involves:
(a) a single, significant event.
(b) a clinically diagnosable illness or injury.
(c) members of the same gender.
(d) repeated attacks against the target, creating an ongoing pattern of behavior.
3. (d)
4. OSHA standards are:
(a) enforced by NOAA.
(b) performance-based.
(c) very detailed and precise in directing employers on how to comply with the OSH Act.
(d) voluntary.
4. (b)
5. Which of the following is/are not covered by the federal OSH Act?
(a) State and county workers
(b) United States Postal Service employees
(c) American Indians and Indian tribes
(d) Nonprofit, charitable organizations, churches, and religious organizations
5. (a)