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Managing a Safe and Healthy Workplace

Hospitality Human Resources Management and Supervision0

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1

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Learning ObjectivesAfter completing this chapter, you should be able to:

Explain what managers can do to maintain a zero-tolerance sexual harassment policy and explain responsibilities regarding nonsexual types of harassment in the workplace.

Review the procedures for ensuring the rights of employees who are pregnant or disabled, and younger workers.

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Learning Objectives continued

After completing this chapter, you should be able to:

Indicate how the Occupational Safety and Health Administration (OSHA) impacts restaurant and foodservice operations, and explain procedures for establishing and maintaining OSHA–mandated programs and participating in OSHA investigations.

Identify the compliance posters that operations are required to post.

Describe the procedures for preventing workplace violence.

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Learning Objectives continued

After completing this chapter, you should be able to:

Describe the procedures for developing emergency management programs.

Explain the basic procedures for balancing food safety, employee rights, and the law.

Provide an overview of employee assistance and employee wellness programs.

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The Need for a Safe and Healthy Workplace

Management has a legal and professional obligation to provide a safe and healthy workplace for their employees.

This includes harassment, physical safety, and emergency management systems in place and practiced.

Harassment is unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

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Ensuring a Fair Workplace

Preventing sexual harassment

Employers have a legal obligation to protect employees from sexual harassment.

Sexual harassment is unwelcome behavior of a sexual nature that interferes with the employee’s job performance.Quid pro quo—one person asks for or expects

favors of a sexual nature from another person as a condition of employment or advancement

Hostile environment—one that is extremely demeaning or intimidating

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Sexual Harassment continued

Hostile environment includes:

Men harassing women,Women harassing men, Men harassing men, Women harassing women

Management should encourage normal friendly interactions and other social behaviors that create a welcoming workplace environment

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Preventing a Hostile Environment

Implement a zero tolerance policy.

Help employees understand what sexual harassment is, how to avoid it, and how to deal with it.

Encourage open communication.

Set a good example for employees.

Actively look for signs of harassment.

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Preventing a Hostile Environment

Provide different routes for employees to file complaints; i.e., hotline, H.R. rep., supervisor, etc.

Conduct sexual harassment training.

Annually review policy/training with management/ supervisory staff assuring they know the steps to take to observe environment, accept complaints and take appropriate actions

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Preventing a Hostile Environment Conduct annual satisfaction survey among your

employees and include questions regarding harassment.

Conduct investigations promptly and thoroughly.

Treat same-sex harassment and men reporting harassment the same as you would woman reporting male inappropriate behavior

Always document results of any complaint or investigation

Inform employees that it is their obligation to report sexual harassment they experience or witness

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Addressing Harassment Claims

Discuss the complaint with the person who reported it.

Try to collect evidence.

Assure confidentiality for the person reporting the harassment.

Inform senior management.

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Addressing Harassment Claims continued

Find out what employee wants to occur.

Change the work schedule, if possible, so affected employees do not work together.

Discover if there were witnesses;interview them.

Interview the accused with a witness present.

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Addressing Harassment Claims continued

Avoiding liability?? 2 conditions

Reasonable effort was made to prevent and correct behavior

Employee unreasonably failed to take advantage of preventive or corrective opportunities provided

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Handout

Please answer each question with:

Red Light – Unacceptable Behavior

Yellow Light – Marginal Behavior

Green Light – Acceptable Behavior

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Other Forms of Harassment

Federal law also protects employees against harassment due to race, religion, pregnancy, age, disability, and sexual orientation.

Antidiscrimination laws prohibit harassment in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws.

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Other Forms of Harassment continued

Offensive conduct includes name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, and interference with work performance.

The victim does not need to be the one harassed; he or she can be anyone affected by the offensive conduct.

The employers can also be held liable for harassment by a supervisor or non-supervisory employee over who it has control, i.e. vendors or customers.

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Handout

Mini-Cases:

1 Jake and Judy

2 Off The Record

3 The Morning Fun

4 The Cake Order

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Ensuring Employees’ Rights

It is managements responsibility to protect the rights of specific groups: Employees who are pregnant

Employees who are disabled

Younger employees

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Rights for Younger Workers continued

The Fair Labor Standards Act (FLSA) restricts tasks that minors can perform in restaurant and foodservice operations.

OSHA etoolbox

Generally, youths aged sixteen and seventeen can work in front-of-house positions, but are restricted in back-of-house positions. They cannot operate, feed, set up, adjust, repair, or clean any equipment considered hazardous.

Federal law also prohibits minors from most driving jobs. No employee under 18 is allowed to drive on public roads unless it is only incidental to the job. See page 306 of text for additional restrictions.

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Occupational Safety and Health Administration (OSHA)

OSHA is an agency within the U.S. Department of Labor that enforces the Occupational Safety and Health Act (OSH Act).

The purpose of the OSH Act is to ensure safe working conditions and prevent workplace injuries.

Employee safety is a key priority

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Bloodborne Pathogens Standard

Restaurant and foodservice employees work in kitchens with sharp knives and equipment – injuries can occur which result in blood.

Numerous diseases can be caused by bloodborne pathogens. See page 308 of the text book for a list of these diseases.

OSHA has developed a process called the bloodborne pathogens standard. Its requirements state what employers must do to protect workers who come into contact with blood or other potentially infectious materials (OPIM). As a result of doing their job.

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Bloodborne Pathogens Standard continued

This standard is intended primarily for people who work in healthcare, other organizations must also comply if they have a designated first-aid provider.

A designated first-aid provider is an employee trained and appointed to provide first aid. This responsibility should be included in their job description, but not part of their main work.

If the operation is not required to follow this standard, doing so can help reduce exposure, create goodwill, and reduce liability risks.

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Bloodborne Pathogens Standard continued

Requirements detailed on page 309 of the text

An exposure control plan

Vaccinations

Training

Personal protective equipment

When exposed:

Hepatitis B vaccination

Medical evaluation

Recordkeeping

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Hazard Communication Standard

The Hazard Communication Standard (HCS) protects employees from physical health hazards.

HAZCOM (Right-to-Know) is designed to protect employees from physical hazards such as explosions and health hazards such as medical conditions caused by exposure to chemicals.

HAZCOM is the most common problem sited by OSHA for eating and drinking establishments.

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Hazard Communication Standard continued

Page 310 of text book.

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Hazard Communication Standard continued

To comply, employers must communicate information about potential hazards to employees that involves Telling them how to avoid potential hazards Assuring that hazardous materials are labeled Providing Material Safety Data Sheets (MSDS): A

document providing information about the chemical content of a material, instructions for its safe handling, and emergency information for treating someone who has been exposed.

Manufactures of potentially hazardous materials must provide MSDSs to their customers

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Hazard Communication Standard continued

OSHA mandates records be kept; steps include: Document a list of chemicals that require MSDSs; if

products are shipped with MSDS, they must be tracked.

Ensure all MSDS chemicals are properly labeled in compliance with OSHA regulations.

Employees should be trained during orientation and on-going basis (yearly) on how to use all chemicals used in their jobs. Training must be documents and signed by trainer and trainee.

MSDSs should be maintained in the languages spoken by employees.

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Compliance Posters OSHA requires

compliance posters be posted in accordance with federal, state and local laws.

Penalties for not posting these posters or not providing the correct languages can be severe.

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Preventing Workplace Violence

Workplace violence is violence or the threat of violence against workers. It can occur at or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide.

Workplace violence is a growing concern for employers and employees nationwide.

It can happen anywhere at anytime.

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Preventing Workplace Violence continued

Some positions are more at risk than others: Employees that exchange money with the public Deliver products or services Employees that work alone or in small groups during late

night or early morning hours, in high-crime areas, or in community settings.

A workplace violence prevention program can be developed and communicated through employee handbooks or standard operating procedures (SOP’s)

All employees should know the policies and understand all claims will be investigated and remedied promptly.

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Preventing Workplace Violence continued

Suggested additional protections: Provide safety education Secure the workplace Provide drop safes Instruct employees not to enter or leave any location

if they feel unsafe. Institute the ‘buddy system” or provide escorts or security.

Learn how to recognize, avoid, or defuse potentially violent situations.

Encourage employees report and record all incidents and threats of workplace violence.

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Emergency Management Programs

Managers should recognize emergencies can occur and develop plans to address them.

Basics of Emergency Management Plans OSHA requirements provide a framework for the

components of an emergency plan: A written or oral plan needed. Minimum procedures for reporting fire or other

emergency, procedures for emergency evacuation, procedures for employees who remain to perform critical operations before they leave

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Emergency Management Programs continued

OSHA requirements provide a framework for the components of an emergency plan: Account for all employees and contact information. Provide an alarm system that alerts employees to

the emergency, and must use a distinctive signal for each emergency.

Employer must designate and train employees to assist in a safe and orderly evacuation of other employees and customers.

Train all employees of procedures, let employees know their role and keep updated as necessary.

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Emergency Management Programs continued

Fires Small fires can become large and dangerous very

quickly; be proactive and prepared. Strategies to prevent:

Do not move or carry hot oil or oil on fire Do not throw water on a grease fire Empty grease traps frequently Keep cooking surfaces clean and free of grease

build-up Do not use defective electrical cords or equipment Extinguish oil or grease fires with a lid or

appropriate extinguisher.

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Emergency Management Programs continued

Fires - continued Know your fire extinguishers:

http://www.osha.gov/SLTC/etools/evacuation/portable_about.html

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Emergency Management Programs continued

Bomb Scares

Ask if you can take a message and alert management

Listen carefully and take note of information listed

Notify local police immediately

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Emergency Management Programs continued

Other Emergencies Severe winds/hurricanes/tornadoes: Keep up on

weather conditions, know evacuation plans, after emergency, check for safety hazards

Floods: Often occur with little warning, be aware of safety hazards

Earthquakes: Cannot be predicted, take action such as: drop to the ground, take cover, be aware of safety hazards.

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Guidelines for Responding to Employee Illness or Disability

The food code, local health code, and/or ADA could apply.

It is legal and appropriate to express concern.

Managers may be restricted from asking certain questions in certain situations.

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Page 320 of the text book

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Balancing Food Safety, Employee Rights and the Law

Maintain the confidentiality of employees who disclose health information.

HIV, AIDS, Hepatitis B and C, and Tuberculosis are disabilities under the ADA, and they cannot be spread through food or casual contact.

Normal precautions relating to safe food handling, sanitation, and first aid should be followed.

Chapter 12 resources\Responding to Disclosures of an Employee Illness.pdf

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Employee Assistance and Wellness Programs

Both Employee Assistance & Wellness Programs help provide a safe and healthy working environment and can be implemented informally

Employee Assistance Programs Worksite-based programs or resources that can

benefit employers and employees.

EAPs address productivity issues by helping employees identify and resolve personal concerns.

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Employee Assistance and Wellness Programs

Employee Wellness Programs The goal of these programs involves improving employee

health and productivity and reducing medical expenses for the employer and employee.

Planning Wellness Programs Identify employees’ needs and interests Consider goals to be obtained by the program Determine if you can provide the service or do you need

to contract an agency to provide Encourage and incent employees to be involved in the

program Evaluate program for effectiveness

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Key Terms

Bloodborne pathogens standard A requirement of what employers must do to protect workers who can reasonably be anticipated to come into contact with blood or other potentially infectious materials (OPIM) as a result of doing their jobs.

Cardiopulmonary resuscitation (CPR) A technique that involves breathing into the mouth and pressing on the chest to help a person who has stopped breathing, and whose heart may have stopped beating, to stay alive.

Designated first-aid provider An employee who is trained and appointed to provide first aid but whose main work does not already include this responsibility.

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Key Terms

Employee wellness program A program that involves improving employee health and productivity and reducing medical expenses for the employer and employee.

Hazard Communication Standard (HCS) A standard designed to protect employees from physical hazards such as explosions and health hazards such as medical conditions caused by exposure to chemicals, also known as Right-to-Know or HAZCOM.

Material safety data sheet (MSDS) A document that provides information about the chemical content of a material, instructions for its safe use and handling, and other safety-related matters.

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Key Terms

Quid pro quo Harassment that occurs when one person asks for, either expressly or implied, sexual favors from another person as a condition of that person’s employment or advancement or to prevent a tangible employment detriment.

Workplace violence Violence or the threat of violence against workers.

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Next Week

Article Review

Harassment Policy

Final Exam (bring exam sheet and #2 pencil)