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One-Population One Population StatisticsHypothesis test
calculatorSample Statisticx-mean15enterenter15Hypothetical
ValueSample Sizen150enterSample Standard
Deviation2enter0Difference between sample value and
Hypothetical valueStandard Error of StatisticSE0.16330.0000z-
score50%p-value lower (Probability the mean is more than
Hypothetical Value)z-scoreCL50%p-value upper (Probaility the
mean is less than Hypothetical value)1.64590%1.0000Two-
tailed test p-value1.9695%2.57699%Confidence Intervals using
z-
scoresCL90%upper15.27z1.645lower14.73CL95%upper15.32z1.
96lower14.68CL99%upper15.42z2.576lower14.58
Only enter data in the dark-colored cells; the remaining cells
are locked and calculate automatically. If you delete a formula,
reload the calculator from your classroom, or a clean saved file.
Two-PopulationsTwo Population (mean) StatisticsFirst
SampleMean 150enter first sample meanFirst SampleSize
140enter first sample sizeSecond SampleMean 251enter second
sample mean51Hypothetical difference between the two samples
(usually zero)Second SampleSize 250enter second sample
sizeDifferenceMean Diff-1-52Difference between sample value
and Hypothetical valueSample Standard Deviation 1Stdev.
11.2enter first standard deviationSample Standard Deviation
2Stdev. 21.8enter second standard deviation-163.7846z-
score0.0000Probability the samples are differentStandard Error
of StatisticSE0.31749015731.0000Probability the samples are
the same0.0000Probability the samples are different, using two-
tailsC I of Difference using z-scoresCL90%upper-
0.478z1.645lower-1.522CL95%upper-0.378z1.96lower-
1.622CL99%upper-0.182z2.576lower-1.818
Only enter data in the dark-colored cells; the remaining cells
are locked and calculate automatically. If you delete a formula,
reload the calculator from your classroom, or a clean saved file.
Seminar in Public Human Resources Administration: Final
1. With the increased use of temporary and part-time
employees, “How much training must be offered to these
workers?” And whose job is it to train these folks? Is there
training available for those employees who have to provide
coaching and counseling assistance for these individuals?
2. What is the legal framework for workplace safety and health
issues? What does this framework for workplace safety involve?
Give some examples of safety and health issues posed by
independent contractors and health-care professionals.
3. What is workplace violence, and what are the risks does it
pose to the health, safety or wellbeing of an employee or
multiple employees? How does domestic violence in the home
relate to violence in the work place? What can the employer do
to reduce or eliminate violence in the workplace? Give some
examples.
Organizational Justice
1
1
The Sanction Function….the Forth Function
The Sanction Function:
Every organization, public, private, or nonprofit must establish
and maintain terms of the relationship between employee and
employer…
Terms in an employment relationship are captured in
expectations employees have of their employer and
contributions employees are willing to make in order to have
their expectations fulfilled.
Employers have expectations of employees and contribute to
them so those expectations are fulfilled.
While the expectations and obligations may informally comprise
part of a psychological contract, many are also captured
formally in a policy documents and in the law itself.
The heart of the sanction function involves the interplay of
these various expectations and contributions or obligations.
2
Establishing and Maintaining Expectations….
Sources of employees expectations:
They range from the law to casual conversations from folks
located in the industry…
Sources of employer expectations:
Again they are influence by the law as well as organizational
needs, comparisons with other organizations, and the character
of the workplace..
Question: What are the mechanism by which these expectations
are recognized?
The personnel manual…
The terms of the employment relationship that resulted from
collective bargaining between employer and union…
Various local, state, and federal laws and legal obligations…
The sanction function if different for public employment than
from private sector employment. When citizens become
employees of the government they give up some of these rights
while on the job….
Note: Various processes maintain and enforce the terms
established through these four mechanisms…
3
Maintaining Great Expectations…
Before employees sue their employer for violating some “right”
the organization try's to handle the disagreement through some
sort of informal meeting between employee and supervisor.
But when informal channels are inadequate, formal discipline
and grievance procedures that involve due process, are
invoked…
Sometimes, if those prove ineffective in resolving differences,
the employee may complain directly to elected officials or take
judicial action….
This process which establishes and maintain expectations and
obligations are as important as to what those expectations and
obligations actually are …..their substance.
4
The Sanction Function in Alternate Personnel Systems…
The mechanisms for establishing the terms of the employment
relationship and the various processes for maintaining or
enforcing those terms can be significantly different depending
upon which personnel system the employee is a part of.
Because it’s the rules of the personnel system that establishes
the sanction function and how it’s maintained.
Unfortunately when there is not an agreement between the
worker and the employer the impacted employee may “strike”
(or a work slow down, or Blue flue) to see where they legally
stand in regards to setting and enforcing expectations between
the employees and organization.
5
Unions and the Civil Service System…
The labor movement was an organized effort for the working
people to organize themselves into a group (a union) in order to
bring about better working conditions and treatment from their
employers and, through the implementation of labor and
employment law, their governments.
A labor (or trade) union is an organization of workers who
have come together to achieve common goals such as protecting
the integrity of its trade, improving safety standards, achieving
higher pay and benefits such as health care and retirement,
increasing the number of employees an employer assigns to
complete the work, and better working conditions.
The union, through its leadership, bargains with the employer
on behalf of union members and negotiates labor contracts
(collective bargaining) with employers.
The agreements negotiated by a union are binding on the rank
and file members and the employer and in some cases on other
non-member workers.
The original civil service legislation allowed federal employees
to organize together to protect rights against governmental
officials only allowed for employees unionize together and
petition the government, but gave them no real bargaining
power.
Only when governmental unions were legally recognized as
representatives of their workers did conditions improve in their
respective organizations.
6
To Much Red Tape…..
Because Civil Service systems values individual rights as a way
of protecting employees from partisan political pressure,
complaints from managers (many who are covered by civil
service protection) about the red tape and due process that
makes it almost impossible to deal personnel issues.
Some feel that because of all the foot dragging, it hardly makes
it worth while to even discipline employees.
Red tape is an idiom that refers to excessive regulation or rigid
conformity to formal rules that is considered redundant or
bureaucratic and hinders or prevents action or decision-making.
It is usually applied to governments, corporations, and other
large organizations.
Due process is the legal requirement that the state must respect
all legal rights that are owed to a person.
Due process balances the power of law of the land and protects
the individual person from it.
When a government harms a person without following the exact
course of the law, this constitutes a due process violation,
which offends the rule of law.
7
Contracting Out…
When it comes to political systems and to contracting out, the
value of individual rights diminishes in favor of responsiveness
and efficiency, respectively.
By contracting out certain services efficiently to the public it
saves the taxpayer money therefore bringing down the cost of
government…
Much like political appointees who enjoy no employee rights,
where their jobs do not fall under merit system provisions, and
they are hired, moved, and dismissed based on their value to the
one who hired them, contracting out is often seen in a similar
manner.
Depending upon the service, the constitutional protections that
employees enjoy under a public personnel system are less likely
to apply, and due process public employees generally enjoy may
be sacrificed to the goal of administrative efficiency and profit.
8
The Contemporary Scene
The value of efficiency coupled with an emphasis on market-
based administrative approaches has truly affected the sanction
function… the expectations and obligations of both employees
and employers. The three issues that dominate and influence
organizational justice are:
Outsourcing…
Transferring service delivery to the private or nonprofit sector
through a type of competitive sourcing program…
At-will employment…
Removing positions from the permanent civil service and
reallocating them to an unclassified or at-will position.
This appears to restrict the employee’s ability to grieve
supervisory decisions and streamline appeal procedures.
Constitutional rights of employees…
Although all employees have constitutional rights, it depends
upon the status of the employee…
9
Freedom of Speech and the First Amendment…
The First Amendment to the United States Constitution
prohibits the making of any law respecting an establishment of
religion, impeding the free exercise of religion, abridging the
freedom of speech, infringing on the freedom of the press,
interfering with the right to peaceably assemble or prohibiting
the petitioning for a governmental redress of grievances.
It was adopted on December 15, 1791, as one of the ten
amendments that constitute the Bill of Rights.
The value of the first Amendment may have more to do with
issues of transparency and the robust exchange of ideas, leading
to an informed deliberative public than any individual’s right to
speak…
Questions:
Has the employee expressed himself or herself on a matter of
public concern?
If yes, then how much of the administrative efficiency of the
agency has been or is reasonably anticipated to become
disrupted?
Is the disruption is sufficient to outweigh the individual’s right
to free speech?
10
Freedom of Association and the First Amendment …
Government have struggled to draw a balance between a
responsive and efficient government:
Advocates of responsiveness have generally favored more
political control over public bureaucracies;
Advocates of administrative efficiency have fought to keep
politics out of administration….
The courts step in (mid-80’s) by limiting the patronage practice
of discharging public employees because of political affiliation.
The Court argued that patronage dismissals violated a public
employees' First Amendment right to freedom of belief and
association ….and
To belong to a political party of choice and maintain one’s own
political beliefs.
11
Privacy, Drug Testing, and the Fourth Amendment ..
The Fourth Amendment to the Constitution protects citizens
from unreasonable search and seizure and is a crucial
foundation for privacy.
It does this in law enforcement cases by requiring the searching
authority to obtain a warrant prior to the search.
However in some noncriminal cases the government is able to
conduct a search without a warrant… one of which is drug
testing…
In these situations, no probable cause is required.
A balance test is performed weighing the government’s interest
or special need with the individual’s expectation of privacy.
In the past (1987) the court has ruled that government’s interest
in maintain an efficient, effective workplace outweighs the
privacy interest.
12
Protecting Employees’ Constitutional Procedural Rights
In light of the concern with both the substance of employee and
employer expectations and obligations and the processes by
which these issues are established raises the question:
What kind of procedural rights are embraced by the participants
that maximizes the value of organizational efficiency?
Property Rights and Due Process
Because public employees have a right to their job, the
government is bound by the Fifth and Fourteenth Amendment to
the Constitution requiring that one can deprive an individual of
substantive rights like life, liberty or property only after the due
process of law… a procedural right.
What is Due Process?
Minimal process requires that an employer notify an employee
of the employee’s violation and give the person a chance to
state their side of the story…
The critical step in linking due process with fairness comes
when the person or board hearing the employee appeal or
grievance is not in the employee’s normal chain of command…
What is procedural justice?
It consist of both the policies and methods to make
organizational decisions regarding the distribution of rewards
and punishments as well as an interpersonal aspect…. The way
supervisors and managers implement the policies and methods.
13
Discipline and Counseling the Unproductive Employee …
14
Questions first, Actions second…
Am I keeping you awake?
Do you know what a performance discrepancy is?
Are your tasks and conditions of employment reasonable in
light of the performance standards set for your assigned
position?
Were organizational rules and regulations clearly communicated
to you?
Do you know what goals are to be accomplished and what
constitutes a satisfactory performance?
Supervisory Actions…
Was the employee’s performance adequately documented and
was the employee provided informal and formal feedback on the
quality of their performance?
Does the employee have adequate skills to perform the required
tasks at the expected level of competence?
Is good performance rewarded, or are there factors in the work
environment that make it impossible or punishing to perform
well?
Mager’s Performance Analysis
15
Steps in the Grievance Process …..
16
Informal counseling…
the success of this step depends on an organizational
environment that encourages employees to speak openly about
their concerns…
Formal grievance…
if step one is unsuccessful the aggrieved individual should have
the opportunity to file a formal grievance in writing stating the
problem and what the employee thinks ought to be done to
correct the situation.
Consultation between supervisor and personnel director…
after the grievance is filed, the personnel department should
consult with the employee to verify the situation and then work
with the parties to see if an agreement can be reached..
Investigation/adjudication..
A number of steps can follow the attempt by the personnel
department to work out a solution between the parties. This
might include:
assigning an impartial … often from the personnel department
… to investigate and make a decision;
convening a panel to hear the complaint and make a decision;
and securing an outside arbitrator to hear the complaint and
render a decision.
Steps in the Grievance Process …..
17
Ongoing Issues
Several ongoing substantive and procedural issues illustrate
how judicial interpretation of the Constitution supports
conflicting values (primarily employee rights and organizational
efficiency). These include:
State immunity from federal statues;
Employment eligibility under the Americans with Disability Act
(ADA)
Privacy protection of Internet-based communication for public
employees;
Protection from sexual harassment;
Protection for “whistle-blowers”
Employee “comfort” versus workforce diversity programming;
And the extent to which contract employees are covered by
constitutional rights…
18
19
Safety and Health
1
1
Going Postal is Just Part of the Story….
An employer’s first responsibility is to provide workers with a
safe and healthy workplace…
Various factors have caused an unparalleled demand for
workplace safety. Among them are frequent job changes,
decreased unionization, immigration, population expansion, and
technological changes.
Prevention of workplace fatalities, injuries, and illness (WFII)
is of primary concern to public managers.
In addition to the personal pain and suffering caused by these
incidents, they cost employers billions of dollars annually.
These include not only the direct cost of reduce productivity but
also the hidden cost of
sick leave,
employer payments for disability and worker’s compensation
insurance,
and the cost of processing or contesting employees’ claims for
disability retirement or worker’s compensation benefits.
Please Note:
1) Health and safety are a sanction-related issue;
2) The subject is a development-related issue because there is
increasing evidence that healthy employees are more productive
and happy than unhealthy ones;
3) Because of the increasing cost of health care, health and
safety are an allocation or planning issue for the employer.
2
The legal Framework for Workplace Safety and Health…
The legal framework for workplace safety involves:
Occupational Safety and Health Act (OSHA);
The Americans with Disabilities Act (ADA);
The Family and Medical Leave Act (FML);
Certain issues posed by independent contractors and health-care
professionals.
3
The Occupational Safety and Health Act of 1970
The Occupational Safety and Health Act is the primary federal
law which governs occupational health and safety in the private
sector and federal government in the United States.
Its main goal is to ensure that employers provide employees
with an environment free from recognized hazards, such as
exposure to toxic chemicals, excessive noise levels, mechanical
dangers, heat or cold stress, or unsanitary conditions.
The Occupational Safety and Health Administration (OSHA) is
an agency of the United States Department of Labor.
Congress established the agency under the Occupational Safety
and Health Act, which President Richard M. Nixon signed into
law on December 29, 1970.
OSHA's mission is 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".
The agency is also charged with enforcing a variety of
whistleblower statutes and regulations.
4
Worker’s Compensation…
Workers' compensation is a form of insurance providing wage
replacement and medical benefits to employees injured in the
course of employment in exchange for mandatory
relinquishment of the employee's right to sue his or her
employer for the tort of negligence.
The tradeoff between assured, limited coverage and lack of
recourse outside the worker compensation system is known as
"the compensation bargain".
Unlike Medicare and Medicaid, “workers’ comp,” is regulated
by sate laws with no Congressional oversight. Each state’s
system compensates employees for job-related injuries and
illnesses. While plans differ among jurisdictions, provision can
be made for
weekly payments in place of wages (functioning in this case as
a form of disability insurance),
compensation for economic loss (past and future),
reimbursement or payment of medical and like expenses
(functioning in this case as a form of health insurance),
and benefits payable to the dependents of workers killed during
employment (functioning in this case as a form of life
insurance).
General damage for pain and suffering, and punitive damages
for employer negligence, are generally not available in workers'
compensation plans, and negligence is generally not an issue in
the case. Unfortunately, this has led to an increase into two
types of fraud:
Claimant fraud
Premium fraud…
5
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 (ADA) is a law
that was enacted by the U.S. Congress in 1990. The ADA is a
wide-ranging civil rights law that prohibits discrimination based
on disability.
It affords similar protections against discrimination to
Americans with disabilities as the Civil Rights Act of 1964,
which made discrimination based on race, religion, sex, national
origin, and other characteristics illegal.
In addition, unlike the Civil Rights Act, the ADA also requires
covered employers to provide reasonable accommodations to
employees with disabilities, and imposes accessibility
requirements on public accommodations.
ADA disabilities include both mental and physical medical
conditions. A condition does not need to be severe or permanent
to be a disability.
Equal Employment Opportunity Commission regulations
provide a list of conditions that should easily be concluded to
be disabilities:
deafness, blindness, an intellectual disability (formerly termed
mental retardation), partially or completely missing limbs or
mobility impairments requiring the use of a wheelchair, autism,
cancer, cerebral palsy, diabetes, epilepsy, Human
Immunodeficiency Virus (HIV) infection, multiple sclerosis,
muscular dystrophy, major depressive disorder, bipolar
disorder, post-traumatic stress disorder, obsessive compulsive
disorder, and schizophrenia.
Other mental or physical health conditions also may be
disabilities, depending on what the individual's symptoms
would be in the absence of "mitigating measures" (medication,
therapy, assistive devices, or other means of restoring function),
during an "active episode" of the condition (if the condition is
episodic).
6
The Family and Medical Leave Act….
The Family and Medical Leave Act of 1993 (FMLA) is a United
States federal law requiring covered employers to provide
employees job-protected and unpaid leave for qualified medical
and family reasons.
Qualified medical and family reasons include:
personal or family illness,
family military leave,
pregnancy, adoption,
or the foster care placement of a child.
The FMLA was intended "to balance the demands of the
workplace with the needs of families."
The Act allows eligible employees to take up to 12 work weeks
of unpaid leave during any 12-month period to attend to the
serious health condition of the employee, parent, spouse or
child, or for pregnancy or care of a newborn child, or for
adoption or foster care of a child.
In order to be eligible for FMLA leave, an employee must
have been at the business at least 12 months,
and worked at least 1,250 hours over the past 12 months,
and work at a location where the company employs 50 or more
employees within 75 miles.
The FMLA covers both public- and private-sector employees,
but certain categories of employees are excluded, including
elected officials and their personal staff members
7
Emergent Issues Posed by Independent Contractors….
Two emergent and interrelated issues are going to affect
employer’s ability to manage employee health and safety:
Working at home
Question: “So, as employee preferences and employer practice
encourage more work at home, how will the lack of safety
standards or enforcement affect employer responsibility for the
cost of accident or sickness?”
Part-time work on the side…Moonlighting
Note: Employees injured (which includes psychological and
environmental illnesses) while moonlighting often seek to claim
worker’s comp coverage from their regular employer.
8
Improving Workplace Health and Safety…
Improving unsafe or unhealthy working conditions is a legal
requirement.
In addition, it is also a desirable policy to protect employees
and their continued productivity.
Audits and Risk Assessment: Together with facilities managers
and safety engineers, HR can correct unsafe facilities or
working conditions with following:
Management Audits;
Compliance Audits;
Risk Assessments
Improving Job Design: A job that is alternately boring and
stressful, or that the use of dangerous equipment, increases the
risk to the employee.
Ergonomics can be a great tool in the designing of jobs to fit
the physiological and psychological make-up of the worker.
Once designed the training program needs to be comprehensive
yet specific to the job.
Feedback and Incentive Programs are reward programs for the
employee and supervisor need to maintain a culture of
occupational safety.
9
Workplace Violence….
Workplace violence or occupational violence refers to violence,
usually in the form of physical abuse or threat, that creates a
risk to the health and safety of an employee or multiple
employees
According to data from the Bureau of Labor Statistics in 2011,
violence and other injuries caused by persons or animals
contributed to 17% of all occupational fatalities, with homicides
contributing to 10% of the total.
Examination of the 2011 data shows that while a majority of
workplace fatalities occurred to males, workplace violence
disproportionately affects females.
Homicides contributed to 21% of all occupational fatalities for
women, compared to 9% for men.
Of these homicides, relatives or domestic partners contributed
to 39% of female homicide cases; male homicide cases were
most likely to be perpetrated by robbers, contributing to 36% of
male homicide cases.
Most cases of workplace violence turns out to be non-fatal
incidents. From 1993 to 1999, there was an average of about 1.7
million people victimized each year in a case of occupational
violence.
About 75% of these cases are considered simple assault, while
19% of cases are considered aggravated assault.
OSHA and the Department of Justice classify victims of
workplace violence as: Stranger violence; Client violence; and
Employee violence.
10
Workplace Violence and Public Employees
Public employees are at particular risk from client violence.
They must serve all segments of the population, including many
who are:
mentally ill,
have convictions for violent crimes,
or are under the influence of drugs or alcohol.
Further, they must enforce laws, rules, and policies that are
unpopular.
Potentially violent “customers” are not inclined to distinguish
between levels of government or types of agencies.
Besides clientele violence, domestic violence cost employers
billions annually in lost productivity, increased health-care
cost, absenteeism, and workplace violence.
11
Employers’ Legal Liability for Employee Violence….
Employers may be reluctant to confront workplace violence
because they fear that if they know that an employee is being
abused and do nothing, they will be sued.
Nevertheless, this may happen in any event.
The Employer’s Paradox,
An employer is vicariously liable for the violent actions of it’s
employees so as:
the employee is acting within the scope of their employment;
the employer authorized the employees action,
or the employer ratified the employee’s actions subsequent to
the occurrence.
In addition the courts have also held employers liable to victims
under the theory of negligent hiring, retention, and referral.
Please Note: Employers who attempt to screen job applicants
for violent tendencies run the risk of violating an applicants’
civil rights…
12
Employer Responses to Workplace Violence…
What precautions can employers take to protect themselves and
their employees from workplace violence?
Make sure information about a potential new hire (gaps in
employment, disciplinary actions, use of illegal drugs, and
criminal records) are available to those making a hiring
decision.
Employers (and employees) should have a zero tolerance policy
that sets consequences for perpetrators of workplace violence.
Managers should be aware of the link between workplace
violence and a deteriorating organizational culture.
If people communicated freely with each other and with
management, threats will be reported more readily and agency
values will be transmitted more clearly.
13
Disaster Preparedness…
Since 9/11, the United States Department of Homeland Security
(DHS) has been responsible for national policies that involve
hazards, natural disasters, man-made accidents, and terrorist
incidents.
State and local governments have established offices of
homeland security or reorganized their emergency management
department to include this function.
In general, these changes have created an administrative
structure in four areas:
Prevent terrorist incidents through coordination with other
enforcement agencies;
Prepare and implement flexible plans to deal with a wide range
of possible scenarios;
Develop (and train) personnel to respond effectively to these
plans;
Ensure that they can continue to provide essential governmental
services to the public.
14
Tobacco, Alcohol, and Illegal Drugs…
Effects on Health, Safety, and Productivity…
Most public employers ban smoking in the workplace as a
violation of employees’ right to a safe and healthy workplace.
The cost of alcohol abuse (and drug abuse) is high, measured in
impaired performance, absenteeism, injuries, and fatalities…
Substance’ abuse also results in higher health insurance cost for
employees.
Legal Requirements for employers…
Tobacco is legal. However most employers ban smoking in the
workplace because of the health and liability issues raised by
exposure to secondhand smoke.
Alcohol is legal and socially accepted. However, employers may
be liable if employees are hurt or cause injury to others at
organizational functions where alcohol is served.
The courts have upheld drug testing for cause when there was
evidence of impaired performance or misconduct. So drug
user’s beware…
Recommended Workplace polices and Practice…
The ultimate solution is education and changing the norms and
values of the workplace through employee education programs.
15
Aids and Other Life-Threatening Diseases…
Human immunodeficiency virus infection and acquired immune
deficiency syndrome (HIV/AIDS) is a spectrum of conditions
caused by infection with the human immunodeficiency virus
(HIV). Following initial infection, a person may experience a
brief period of influenza-like illness.
This is typically followed by a prolonged period without
symptoms.
As the infection progresses, it interferes more and more with the
immune system, making the person much more susceptible to
common infections like tuberculosis, as well as opportunistic
infections and tumors that do not usually affect people who
have working immune systems.
The late symptoms of the infection are referred to as AIDS.
HIV is transmitted primarily via unprotected sexual intercourse
(including anal and oral sex), contaminated blood transfusions,
hypodermic needles, and from mother to child during
pregnancy, delivery, or breastfeeding.
Common methods of HIV/AIDS prevention include encouraging
safe sex, needle-exchange programs, and treating those who are
infected.
There is no cure or vaccine; however, antiretroviral treatment
can slow the course of the disease and may lead to a near-
normal life expectancy.
Without treatment, the average survival time after infection
with HIV is estimated to be 9 to 11 years, depending on the HIV
subtype.
16
Unanswered Questions
Does mandatory AIDS testing of employees in health-care
agencies violate constitutional privacy protection?
Is testing prison inmates a civil rights violation?
Is it a violation of federal law for a company to reduce the
health-care benefits of an employee with AIDS?
Does barring an HIV+ medical assistant from participating in
surgery violate the ADA?
17
Employee Wellness Programs ….
Workplace wellness is any workplace health promotion activity
or organizational policy designed to support healthy behavior in
the workplace and to improve health outcomes.
Generally speaking, health promotion is defined as "the process
of enabling people to increase control over, and to improve,
their health," and health promotion can be carried out in the
workplace as well as many other settings.
Known as Employee Assistance Programs (EAPs‘), it consists
of a variety of activities such as health fairs, health education,
medical screenings, healthy office snack delivery services,
health coaching, weight management programs, wellness
newsletters, on-site fitness programs and/or facilities and
educational programs.
With more attention focused on nutrition and overall health,
research is beginning to show a link between the nutrition and
exercise of people in the workforce and how it affects overall
productivity.
Even though wellness programs require investments up front,
large companies should subsidize these programs because they
will save companies money in the long run, improve overall
workforce productivity, and enhance employee morale.
Workplace wellness comprises organizational policies designed
to facilitate employee health including:
allowing flex time for exercise,
providing on-site kitchen and eating areas,
offering healthy food options in vending machines,
holding “walk and talk” meetings,
and offering financial and other incentives for participation,
among many other options.
Workplace wellness has been expanded over the past decade to
encompass the overall creation of a “culture of health” within
the worksite.
18
19
Heart rateHeart rate before and after exerciseM=0 F=1Resting
After Exercise085.9 87.5 067.7 79.4 080.3 93.4 085.2 97.7
086.3 99.7 076.6 83.7 094.4 101.9 086.4 100.6 083.4 97.4 089.8
97.4 088.7 97.1 078.4 87.2 071.3 79.9 092.6 104.7 086.2 95.9
083.9 93.9 078.1 90.1 064.0 70.7 072.8 86.7 072.7 81.2 080.2
83.3 078.2 86.0 070.6 90.2 075.5 84.4 082.7 94.2 087.7 95.1
080.0 88.7 073.4 82.7 089.5 94.6 077.6 84.6 076.6 86.4 085.6
96.2 074.2 82.1 079.0 91.6 074.6 86.7 088.8 98.8 082.1 85.6
077.6 80.6 077.9 83.8 088.1 93.9 081.6 90.3 091.2 100.6 080.3
88.0 076.7 91.8 088.4 103.0 075.2 86.5 075.2 84.9 073.1 71.9
077.0 84.7 059.0 68.2 084.9 96.0 087.5 105.9 075.6 84.3 084.0
90.4 078.2 94.0 086.6 90.6 084.9 95.1 078.8 90.4 069.4 82.6
078.3 91.1 076.9 92.3 084.2 87.9 076.3 85.9 086.3 99.7 072.3
80.9 081.8 93.8 092.8 99.8 074.8 90.2 091.7 99.2 071.0 87.0
096.1 100.2 082.5 95.1 081.9 97.5 089.7 94.8 081.4 100.9 074.8
94.0 088.1 102.1 069.2 81.4 078.8 90.9 085.3 94.2 074.8 81.3
077.7 89.9 078.0 89.8 080.5 95.3 075.4 84.8 081.5 84.2 073.9
85.2 069.4 74.1 089.4 96.7 070.9 82.0 082.9 90.2 089.6 106.7
074.5 75.6 092.3 102.2 087.7 98.0 078.9 89.7 079.8 81.5 085.5
97.4 087.3 94.1 077.8 97.8 071.0 80.1 082.5 90.7 074.8 83.7
069.2 79.4 080.5 87.4 089.4 99.2 074.5 88.0 085.5 92.0 176.6
88.2 179.2 90.4 180.6 101.3 175.5 93.1 183.9 90.5 173.9 89.1
176.8 90.8 185.2 93.5 182.1 93.5 176.3 87.0 197.0 104.5 181.5
86.5 165.3 86.3 180.8 86.7 178.5 89.9 186.3 97.6 189.8 92.9
187.8 98.5 176.2 89.9 174.2 88.8 167.4 78.8 175.5 80.2 180.0
90.2 176.4 88.0 194.9 95.7 189.2 96.9 183.3 87.7 185.8 90.4
175.3 84.1 177.9 99.0 170.0 83.0 188.0 94.2 186.9 95.0 187.1
95.9 179.3 82.7 181.2 90.7 182.9 91.9 187.4 103.6 183.0 90.0
176.8 83.3 176.9 87.7 179.8 88.2 183.2 93.0 179.5 88.6 182.4
89.3 180.8 84.2 183.2 94.5 171.6 81.5 182.8 93.1 176.8 92.8
193.2 100.4 191.4 100.9 197.3 103.3 188.3 90.1 180.6 85.2
187.4 91.7 196.5 99.3 177.9 91.6 176.1 84.1 185.2 89.7 168.6
72.8 179.4 92.0 185.2 99.2 174.3 85.6 174.3 89.2 178.5 98.5
180.4 90.8 182.9 85.9 178.9 90.7 178.6 87.0 187.5 93.9 178.9
91.4 180.0 89.1 180.4 89.2 188.3 93.5 180.6 95.9 185.8 90.5
184.6 93.0 180.5 91.8 192.4 101.2 184.4 96.7 182.3 86.9 177.2
85.8 183.3 82.1 186.2 98.9 181.3 97.7 190.2 96.4 178.4 85.5
184.7 101.6 189.7 94.3 178.4 88.0 179.9 88.5
Sheet1

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One-Population One Population StatisticsHypothesis test calculator.docx

  • 1. One-Population One Population StatisticsHypothesis test calculatorSample Statisticx-mean15enterenter15Hypothetical ValueSample Sizen150enterSample Standard Deviation2enter0Difference between sample value and Hypothetical valueStandard Error of StatisticSE0.16330.0000z- score50%p-value lower (Probability the mean is more than Hypothetical Value)z-scoreCL50%p-value upper (Probaility the mean is less than Hypothetical value)1.64590%1.0000Two- tailed test p-value1.9695%2.57699%Confidence Intervals using z- scoresCL90%upper15.27z1.645lower14.73CL95%upper15.32z1. 96lower14.68CL99%upper15.42z2.576lower14.58 Only enter data in the dark-colored cells; the remaining cells are locked and calculate automatically. If you delete a formula, reload the calculator from your classroom, or a clean saved file. Two-PopulationsTwo Population (mean) StatisticsFirst SampleMean 150enter first sample meanFirst SampleSize 140enter first sample sizeSecond SampleMean 251enter second sample mean51Hypothetical difference between the two samples (usually zero)Second SampleSize 250enter second sample sizeDifferenceMean Diff-1-52Difference between sample value and Hypothetical valueSample Standard Deviation 1Stdev. 11.2enter first standard deviationSample Standard Deviation 2Stdev. 21.8enter second standard deviation-163.7846z- score0.0000Probability the samples are differentStandard Error of StatisticSE0.31749015731.0000Probability the samples are the same0.0000Probability the samples are different, using two- tailsC I of Difference using z-scoresCL90%upper- 0.478z1.645lower-1.522CL95%upper-0.378z1.96lower- 1.622CL99%upper-0.182z2.576lower-1.818 Only enter data in the dark-colored cells; the remaining cells are locked and calculate automatically. If you delete a formula, reload the calculator from your classroom, or a clean saved file. Seminar in Public Human Resources Administration: Final
  • 2. 1. With the increased use of temporary and part-time employees, “How much training must be offered to these workers?” And whose job is it to train these folks? Is there training available for those employees who have to provide coaching and counseling assistance for these individuals? 2. What is the legal framework for workplace safety and health issues? What does this framework for workplace safety involve? Give some examples of safety and health issues posed by independent contractors and health-care professionals. 3. What is workplace violence, and what are the risks does it pose to the health, safety or wellbeing of an employee or multiple employees? How does domestic violence in the home relate to violence in the work place? What can the employer do to reduce or eliminate violence in the workplace? Give some examples. Organizational Justice 1 1 The Sanction Function….the Forth Function The Sanction Function: Every organization, public, private, or nonprofit must establish and maintain terms of the relationship between employee and employer… Terms in an employment relationship are captured in expectations employees have of their employer and contributions employees are willing to make in order to have their expectations fulfilled.
  • 3. Employers have expectations of employees and contribute to them so those expectations are fulfilled. While the expectations and obligations may informally comprise part of a psychological contract, many are also captured formally in a policy documents and in the law itself. The heart of the sanction function involves the interplay of these various expectations and contributions or obligations. 2 Establishing and Maintaining Expectations…. Sources of employees expectations: They range from the law to casual conversations from folks located in the industry… Sources of employer expectations: Again they are influence by the law as well as organizational needs, comparisons with other organizations, and the character of the workplace.. Question: What are the mechanism by which these expectations are recognized? The personnel manual… The terms of the employment relationship that resulted from collective bargaining between employer and union… Various local, state, and federal laws and legal obligations… The sanction function if different for public employment than from private sector employment. When citizens become employees of the government they give up some of these rights while on the job…. Note: Various processes maintain and enforce the terms established through these four mechanisms… 3 Maintaining Great Expectations… Before employees sue their employer for violating some “right”
  • 4. the organization try's to handle the disagreement through some sort of informal meeting between employee and supervisor. But when informal channels are inadequate, formal discipline and grievance procedures that involve due process, are invoked… Sometimes, if those prove ineffective in resolving differences, the employee may complain directly to elected officials or take judicial action…. This process which establishes and maintain expectations and obligations are as important as to what those expectations and obligations actually are …..their substance. 4 The Sanction Function in Alternate Personnel Systems… The mechanisms for establishing the terms of the employment relationship and the various processes for maintaining or enforcing those terms can be significantly different depending upon which personnel system the employee is a part of. Because it’s the rules of the personnel system that establishes the sanction function and how it’s maintained. Unfortunately when there is not an agreement between the worker and the employer the impacted employee may “strike” (or a work slow down, or Blue flue) to see where they legally stand in regards to setting and enforcing expectations between the employees and organization. 5 Unions and the Civil Service System… The labor movement was an organized effort for the working people to organize themselves into a group (a union) in order to bring about better working conditions and treatment from their
  • 5. employers and, through the implementation of labor and employment law, their governments. A labor (or trade) union is an organization of workers who have come together to achieve common goals such as protecting the integrity of its trade, improving safety standards, achieving higher pay and benefits such as health care and retirement, increasing the number of employees an employer assigns to complete the work, and better working conditions. The union, through its leadership, bargains with the employer on behalf of union members and negotiates labor contracts (collective bargaining) with employers. The agreements negotiated by a union are binding on the rank and file members and the employer and in some cases on other non-member workers. The original civil service legislation allowed federal employees to organize together to protect rights against governmental officials only allowed for employees unionize together and petition the government, but gave them no real bargaining power. Only when governmental unions were legally recognized as representatives of their workers did conditions improve in their respective organizations. 6 To Much Red Tape….. Because Civil Service systems values individual rights as a way of protecting employees from partisan political pressure, complaints from managers (many who are covered by civil service protection) about the red tape and due process that makes it almost impossible to deal personnel issues. Some feel that because of all the foot dragging, it hardly makes it worth while to even discipline employees. Red tape is an idiom that refers to excessive regulation or rigid conformity to formal rules that is considered redundant or
  • 6. bureaucratic and hinders or prevents action or decision-making. It is usually applied to governments, corporations, and other large organizations. Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. 7 Contracting Out… When it comes to political systems and to contracting out, the value of individual rights diminishes in favor of responsiveness and efficiency, respectively. By contracting out certain services efficiently to the public it saves the taxpayer money therefore bringing down the cost of government… Much like political appointees who enjoy no employee rights, where their jobs do not fall under merit system provisions, and they are hired, moved, and dismissed based on their value to the one who hired them, contracting out is often seen in a similar manner. Depending upon the service, the constitutional protections that employees enjoy under a public personnel system are less likely to apply, and due process public employees generally enjoy may be sacrificed to the goal of administrative efficiency and profit. 8 The Contemporary Scene The value of efficiency coupled with an emphasis on market- based administrative approaches has truly affected the sanction
  • 7. function… the expectations and obligations of both employees and employers. The three issues that dominate and influence organizational justice are: Outsourcing… Transferring service delivery to the private or nonprofit sector through a type of competitive sourcing program… At-will employment… Removing positions from the permanent civil service and reallocating them to an unclassified or at-will position. This appears to restrict the employee’s ability to grieve supervisory decisions and streamline appeal procedures. Constitutional rights of employees… Although all employees have constitutional rights, it depends upon the status of the employee… 9 Freedom of Speech and the First Amendment… The First Amendment to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The value of the first Amendment may have more to do with issues of transparency and the robust exchange of ideas, leading to an informed deliberative public than any individual’s right to speak… Questions: Has the employee expressed himself or herself on a matter of public concern? If yes, then how much of the administrative efficiency of the agency has been or is reasonably anticipated to become disrupted?
  • 8. Is the disruption is sufficient to outweigh the individual’s right to free speech? 10 Freedom of Association and the First Amendment … Government have struggled to draw a balance between a responsive and efficient government: Advocates of responsiveness have generally favored more political control over public bureaucracies; Advocates of administrative efficiency have fought to keep politics out of administration…. The courts step in (mid-80’s) by limiting the patronage practice of discharging public employees because of political affiliation. The Court argued that patronage dismissals violated a public employees' First Amendment right to freedom of belief and association ….and To belong to a political party of choice and maintain one’s own political beliefs. 11 Privacy, Drug Testing, and the Fourth Amendment .. The Fourth Amendment to the Constitution protects citizens from unreasonable search and seizure and is a crucial foundation for privacy. It does this in law enforcement cases by requiring the searching authority to obtain a warrant prior to the search. However in some noncriminal cases the government is able to conduct a search without a warrant… one of which is drug testing… In these situations, no probable cause is required. A balance test is performed weighing the government’s interest
  • 9. or special need with the individual’s expectation of privacy. In the past (1987) the court has ruled that government’s interest in maintain an efficient, effective workplace outweighs the privacy interest. 12 Protecting Employees’ Constitutional Procedural Rights In light of the concern with both the substance of employee and employer expectations and obligations and the processes by which these issues are established raises the question: What kind of procedural rights are embraced by the participants that maximizes the value of organizational efficiency? Property Rights and Due Process Because public employees have a right to their job, the government is bound by the Fifth and Fourteenth Amendment to the Constitution requiring that one can deprive an individual of substantive rights like life, liberty or property only after the due process of law… a procedural right. What is Due Process? Minimal process requires that an employer notify an employee of the employee’s violation and give the person a chance to state their side of the story… The critical step in linking due process with fairness comes when the person or board hearing the employee appeal or grievance is not in the employee’s normal chain of command… What is procedural justice? It consist of both the policies and methods to make organizational decisions regarding the distribution of rewards and punishments as well as an interpersonal aspect…. The way supervisors and managers implement the policies and methods. 13 Discipline and Counseling the Unproductive Employee …
  • 10. 14 Questions first, Actions second… Am I keeping you awake? Do you know what a performance discrepancy is? Are your tasks and conditions of employment reasonable in light of the performance standards set for your assigned position? Were organizational rules and regulations clearly communicated to you? Do you know what goals are to be accomplished and what constitutes a satisfactory performance? Supervisory Actions… Was the employee’s performance adequately documented and was the employee provided informal and formal feedback on the quality of their performance? Does the employee have adequate skills to perform the required tasks at the expected level of competence? Is good performance rewarded, or are there factors in the work environment that make it impossible or punishing to perform well? Mager’s Performance Analysis 15 Steps in the Grievance Process ….. 16 Informal counseling… the success of this step depends on an organizational environment that encourages employees to speak openly about their concerns… Formal grievance… if step one is unsuccessful the aggrieved individual should have
  • 11. the opportunity to file a formal grievance in writing stating the problem and what the employee thinks ought to be done to correct the situation. Consultation between supervisor and personnel director… after the grievance is filed, the personnel department should consult with the employee to verify the situation and then work with the parties to see if an agreement can be reached.. Investigation/adjudication.. A number of steps can follow the attempt by the personnel department to work out a solution between the parties. This might include: assigning an impartial … often from the personnel department … to investigate and make a decision; convening a panel to hear the complaint and make a decision; and securing an outside arbitrator to hear the complaint and render a decision. Steps in the Grievance Process ….. 17 Ongoing Issues Several ongoing substantive and procedural issues illustrate how judicial interpretation of the Constitution supports conflicting values (primarily employee rights and organizational efficiency). These include: State immunity from federal statues; Employment eligibility under the Americans with Disability Act (ADA) Privacy protection of Internet-based communication for public employees; Protection from sexual harassment; Protection for “whistle-blowers”
  • 12. Employee “comfort” versus workforce diversity programming; And the extent to which contract employees are covered by constitutional rights… 18 19 Safety and Health 1 1 Going Postal is Just Part of the Story…. An employer’s first responsibility is to provide workers with a safe and healthy workplace… Various factors have caused an unparalleled demand for workplace safety. Among them are frequent job changes, decreased unionization, immigration, population expansion, and technological changes. Prevention of workplace fatalities, injuries, and illness (WFII) is of primary concern to public managers. In addition to the personal pain and suffering caused by these incidents, they cost employers billions of dollars annually. These include not only the direct cost of reduce productivity but also the hidden cost of sick leave, employer payments for disability and worker’s compensation
  • 13. insurance, and the cost of processing or contesting employees’ claims for disability retirement or worker’s compensation benefits. Please Note: 1) Health and safety are a sanction-related issue; 2) The subject is a development-related issue because there is increasing evidence that healthy employees are more productive and happy than unhealthy ones; 3) Because of the increasing cost of health care, health and safety are an allocation or planning issue for the employer. 2 The legal Framework for Workplace Safety and Health… The legal framework for workplace safety involves: Occupational Safety and Health Act (OSHA); The Americans with Disabilities Act (ADA); The Family and Medical Leave Act (FML); Certain issues posed by independent contractors and health-care professionals. 3 The Occupational Safety and Health Act of 1970 The Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor.
  • 14. Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is 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". The agency is also charged with enforcing a variety of whistleblower statutes and regulations. 4 Worker’s Compensation… Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". Unlike Medicare and Medicaid, “workers’ comp,” is regulated by sate laws with no Congressional oversight. Each state’s system compensates employees for job-related injuries and illnesses. While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers'
  • 15. compensation plans, and negligence is generally not an issue in the case. Unfortunately, this has led to an increase into two types of fraud: Claimant fraud Premium fraud… 5 Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress in 1990. The ADA is a wide-ranging civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations. ADA disabilities include both mental and physical medical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: deafness, blindness, an intellectual disability (formerly termed mental retardation), partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia. Other mental or physical health conditions also may be
  • 16. disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" (medication, therapy, assistive devices, or other means of restoring function), during an "active episode" of the condition (if the condition is episodic). 6 The Family and Medical Leave Act…. The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child. The FMLA was intended "to balance the demands of the workplace with the needs of families." The Act allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child. In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. The FMLA covers both public- and private-sector employees, but certain categories of employees are excluded, including elected officials and their personal staff members 7
  • 17. Emergent Issues Posed by Independent Contractors…. Two emergent and interrelated issues are going to affect employer’s ability to manage employee health and safety: Working at home Question: “So, as employee preferences and employer practice encourage more work at home, how will the lack of safety standards or enforcement affect employer responsibility for the cost of accident or sickness?” Part-time work on the side…Moonlighting Note: Employees injured (which includes psychological and environmental illnesses) while moonlighting often seek to claim worker’s comp coverage from their regular employer. 8 Improving Workplace Health and Safety… Improving unsafe or unhealthy working conditions is a legal requirement. In addition, it is also a desirable policy to protect employees and their continued productivity. Audits and Risk Assessment: Together with facilities managers and safety engineers, HR can correct unsafe facilities or working conditions with following: Management Audits; Compliance Audits; Risk Assessments Improving Job Design: A job that is alternately boring and stressful, or that the use of dangerous equipment, increases the risk to the employee. Ergonomics can be a great tool in the designing of jobs to fit the physiological and psychological make-up of the worker. Once designed the training program needs to be comprehensive yet specific to the job. Feedback and Incentive Programs are reward programs for the
  • 18. employee and supervisor need to maintain a culture of occupational safety. 9 Workplace Violence…. Workplace violence or occupational violence refers to violence, usually in the form of physical abuse or threat, that creates a risk to the health and safety of an employee or multiple employees According to data from the Bureau of Labor Statistics in 2011, violence and other injuries caused by persons or animals contributed to 17% of all occupational fatalities, with homicides contributing to 10% of the total. Examination of the 2011 data shows that while a majority of workplace fatalities occurred to males, workplace violence disproportionately affects females. Homicides contributed to 21% of all occupational fatalities for women, compared to 9% for men. Of these homicides, relatives or domestic partners contributed to 39% of female homicide cases; male homicide cases were most likely to be perpetrated by robbers, contributing to 36% of male homicide cases. Most cases of workplace violence turns out to be non-fatal incidents. From 1993 to 1999, there was an average of about 1.7 million people victimized each year in a case of occupational violence. About 75% of these cases are considered simple assault, while 19% of cases are considered aggravated assault. OSHA and the Department of Justice classify victims of workplace violence as: Stranger violence; Client violence; and Employee violence. 10
  • 19. Workplace Violence and Public Employees Public employees are at particular risk from client violence. They must serve all segments of the population, including many who are: mentally ill, have convictions for violent crimes, or are under the influence of drugs or alcohol. Further, they must enforce laws, rules, and policies that are unpopular. Potentially violent “customers” are not inclined to distinguish between levels of government or types of agencies. Besides clientele violence, domestic violence cost employers billions annually in lost productivity, increased health-care cost, absenteeism, and workplace violence. 11 Employers’ Legal Liability for Employee Violence…. Employers may be reluctant to confront workplace violence because they fear that if they know that an employee is being abused and do nothing, they will be sued. Nevertheless, this may happen in any event. The Employer’s Paradox, An employer is vicariously liable for the violent actions of it’s employees so as: the employee is acting within the scope of their employment; the employer authorized the employees action, or the employer ratified the employee’s actions subsequent to the occurrence. In addition the courts have also held employers liable to victims under the theory of negligent hiring, retention, and referral. Please Note: Employers who attempt to screen job applicants for violent tendencies run the risk of violating an applicants’ civil rights… 12
  • 20. Employer Responses to Workplace Violence… What precautions can employers take to protect themselves and their employees from workplace violence? Make sure information about a potential new hire (gaps in employment, disciplinary actions, use of illegal drugs, and criminal records) are available to those making a hiring decision. Employers (and employees) should have a zero tolerance policy that sets consequences for perpetrators of workplace violence. Managers should be aware of the link between workplace violence and a deteriorating organizational culture. If people communicated freely with each other and with management, threats will be reported more readily and agency values will be transmitted more clearly. 13 Disaster Preparedness… Since 9/11, the United States Department of Homeland Security (DHS) has been responsible for national policies that involve hazards, natural disasters, man-made accidents, and terrorist incidents. State and local governments have established offices of homeland security or reorganized their emergency management department to include this function. In general, these changes have created an administrative structure in four areas: Prevent terrorist incidents through coordination with other enforcement agencies; Prepare and implement flexible plans to deal with a wide range of possible scenarios; Develop (and train) personnel to respond effectively to these plans; Ensure that they can continue to provide essential governmental
  • 21. services to the public. 14 Tobacco, Alcohol, and Illegal Drugs… Effects on Health, Safety, and Productivity… Most public employers ban smoking in the workplace as a violation of employees’ right to a safe and healthy workplace. The cost of alcohol abuse (and drug abuse) is high, measured in impaired performance, absenteeism, injuries, and fatalities… Substance’ abuse also results in higher health insurance cost for employees. Legal Requirements for employers… Tobacco is legal. However most employers ban smoking in the workplace because of the health and liability issues raised by exposure to secondhand smoke. Alcohol is legal and socially accepted. However, employers may be liable if employees are hurt or cause injury to others at organizational functions where alcohol is served. The courts have upheld drug testing for cause when there was evidence of impaired performance or misconduct. So drug user’s beware… Recommended Workplace polices and Practice… The ultimate solution is education and changing the norms and values of the workplace through employee education programs. 15 Aids and Other Life-Threatening Diseases… Human immunodeficiency virus infection and acquired immune deficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV). Following initial infection, a person may experience a brief period of influenza-like illness. This is typically followed by a prolonged period without
  • 22. symptoms. As the infection progresses, it interferes more and more with the immune system, making the person much more susceptible to common infections like tuberculosis, as well as opportunistic infections and tumors that do not usually affect people who have working immune systems. The late symptoms of the infection are referred to as AIDS. HIV is transmitted primarily via unprotected sexual intercourse (including anal and oral sex), contaminated blood transfusions, hypodermic needles, and from mother to child during pregnancy, delivery, or breastfeeding. Common methods of HIV/AIDS prevention include encouraging safe sex, needle-exchange programs, and treating those who are infected. There is no cure or vaccine; however, antiretroviral treatment can slow the course of the disease and may lead to a near- normal life expectancy. Without treatment, the average survival time after infection with HIV is estimated to be 9 to 11 years, depending on the HIV subtype. 16 Unanswered Questions Does mandatory AIDS testing of employees in health-care agencies violate constitutional privacy protection? Is testing prison inmates a civil rights violation? Is it a violation of federal law for a company to reduce the health-care benefits of an employee with AIDS? Does barring an HIV+ medical assistant from participating in surgery violate the ADA? 17
  • 23. Employee Wellness Programs …. Workplace wellness is any workplace health promotion activity or organizational policy designed to support healthy behavior in the workplace and to improve health outcomes. Generally speaking, health promotion is defined as "the process of enabling people to increase control over, and to improve, their health," and health promotion can be carried out in the workplace as well as many other settings. Known as Employee Assistance Programs (EAPs‘), it consists of a variety of activities such as health fairs, health education, medical screenings, healthy office snack delivery services, health coaching, weight management programs, wellness newsletters, on-site fitness programs and/or facilities and educational programs. With more attention focused on nutrition and overall health, research is beginning to show a link between the nutrition and exercise of people in the workforce and how it affects overall productivity. Even though wellness programs require investments up front, large companies should subsidize these programs because they will save companies money in the long run, improve overall workforce productivity, and enhance employee morale. Workplace wellness comprises organizational policies designed to facilitate employee health including: allowing flex time for exercise, providing on-site kitchen and eating areas, offering healthy food options in vending machines, holding “walk and talk” meetings, and offering financial and other incentives for participation, among many other options. Workplace wellness has been expanded over the past decade to encompass the overall creation of a “culture of health” within the worksite. 18
  • 24. 19 Heart rateHeart rate before and after exerciseM=0 F=1Resting After Exercise085.9 87.5 067.7 79.4 080.3 93.4 085.2 97.7 086.3 99.7 076.6 83.7 094.4 101.9 086.4 100.6 083.4 97.4 089.8 97.4 088.7 97.1 078.4 87.2 071.3 79.9 092.6 104.7 086.2 95.9 083.9 93.9 078.1 90.1 064.0 70.7 072.8 86.7 072.7 81.2 080.2 83.3 078.2 86.0 070.6 90.2 075.5 84.4 082.7 94.2 087.7 95.1 080.0 88.7 073.4 82.7 089.5 94.6 077.6 84.6 076.6 86.4 085.6 96.2 074.2 82.1 079.0 91.6 074.6 86.7 088.8 98.8 082.1 85.6 077.6 80.6 077.9 83.8 088.1 93.9 081.6 90.3 091.2 100.6 080.3 88.0 076.7 91.8 088.4 103.0 075.2 86.5 075.2 84.9 073.1 71.9 077.0 84.7 059.0 68.2 084.9 96.0 087.5 105.9 075.6 84.3 084.0 90.4 078.2 94.0 086.6 90.6 084.9 95.1 078.8 90.4 069.4 82.6 078.3 91.1 076.9 92.3 084.2 87.9 076.3 85.9 086.3 99.7 072.3 80.9 081.8 93.8 092.8 99.8 074.8 90.2 091.7 99.2 071.0 87.0 096.1 100.2 082.5 95.1 081.9 97.5 089.7 94.8 081.4 100.9 074.8 94.0 088.1 102.1 069.2 81.4 078.8 90.9 085.3 94.2 074.8 81.3 077.7 89.9 078.0 89.8 080.5 95.3 075.4 84.8 081.5 84.2 073.9 85.2 069.4 74.1 089.4 96.7 070.9 82.0 082.9 90.2 089.6 106.7 074.5 75.6 092.3 102.2 087.7 98.0 078.9 89.7 079.8 81.5 085.5 97.4 087.3 94.1 077.8 97.8 071.0 80.1 082.5 90.7 074.8 83.7 069.2 79.4 080.5 87.4 089.4 99.2 074.5 88.0 085.5 92.0 176.6 88.2 179.2 90.4 180.6 101.3 175.5 93.1 183.9 90.5 173.9 89.1 176.8 90.8 185.2 93.5 182.1 93.5 176.3 87.0 197.0 104.5 181.5 86.5 165.3 86.3 180.8 86.7 178.5 89.9 186.3 97.6 189.8 92.9 187.8 98.5 176.2 89.9 174.2 88.8 167.4 78.8 175.5 80.2 180.0 90.2 176.4 88.0 194.9 95.7 189.2 96.9 183.3 87.7 185.8 90.4 175.3 84.1 177.9 99.0 170.0 83.0 188.0 94.2 186.9 95.0 187.1 95.9 179.3 82.7 181.2 90.7 182.9 91.9 187.4 103.6 183.0 90.0 176.8 83.3 176.9 87.7 179.8 88.2 183.2 93.0 179.5 88.6 182.4
  • 25. 89.3 180.8 84.2 183.2 94.5 171.6 81.5 182.8 93.1 176.8 92.8 193.2 100.4 191.4 100.9 197.3 103.3 188.3 90.1 180.6 85.2 187.4 91.7 196.5 99.3 177.9 91.6 176.1 84.1 185.2 89.7 168.6 72.8 179.4 92.0 185.2 99.2 174.3 85.6 174.3 89.2 178.5 98.5 180.4 90.8 182.9 85.9 178.9 90.7 178.6 87.0 187.5 93.9 178.9 91.4 180.0 89.1 180.4 89.2 188.3 93.5 180.6 95.9 185.8 90.5 184.6 93.0 180.5 91.8 192.4 101.2 184.4 96.7 182.3 86.9 177.2 85.8 183.3 82.1 186.2 98.9 181.3 97.7 190.2 96.4 178.4 85.5 184.7 101.6 189.7 94.3 178.4 88.0 179.9 88.5 Sheet1