Question

The company operates a punch press to manufacture machine parts. It is a noisy operation. As a matter of fact, it is common knowledge in the plant that employees working in this location have to shout to be heard, even if you are right next to them. The employer decides to transfer a new employee to the department to monitor the punch press operation. The employee is deaf and the companies thinking was that since the employee had hearing loss it doesn't matter much if this individual worked in this location. Hearing protection was not provided and no personnel noise monitoring conducted.

You have been hired as the new EHS Manager for this company and have been asked for your opinion as to the best method to handle this situation. Please prepare a response that considers both the employer and employee perspective.

First and foremost, consider the following information when preparing your response.

1. From an employer perspective, how should this situation be managed? Here, think about issues such as ethical and moral responsibilities including compliance, worker rights and employer responsibilities.

2. From an employee perspective, how should the workers disability be managed? Do they have any rights in this situation?

How can these everyone's rights (employee and employer) be protected in this delicate situation?

Answer 1

1.Employers have a moral obligation to look out for the welfare of employees. It is not a question only of fair pay and good working conditions, there should be a real and enduring concern for the well-being of employees. While the welfare of the company and other co-workers must remain the dominant consideration an ethical employer is willing to make decisions and implement policies in a manner that demonstrates a genuine concern, even when there are associated costs which impact profitability. Companies should be loyal to workers as well as shareholders/owners/themselves.

Employees have obligations as well. Employees also have moral obligations, and they go beyond giving a full day’s work for a full day’s pay. Loyalty goes both ways. Employees have moral duties to the organization, co-workers, and customers. If an employer were secretly to look for a replacement for an employee by conducting interviews behind the employee’s back, most employees would consider that an act of betrayal. “Why didn’t you tell me my job was at risk?” “Why didn’t you tell me that you were unhappy with my work so I had a chance to improve?” Does the employee owe the employer less? When an employee, without any notice to an employer secretly looks for a new job, often covering up interviewing time with deceptions or lies, is the conduct any less untrustworthy?

2. A worker's legal rights (and duties) related to disability and work will depend on the ... They need to have a full understanding of the job to evaluate their interest and ability to do the job. ... Labour unions are in a unique position to use their leverage as representatives ... Work Injury Manage 4(2):7-9,14-15.

IN DEDICATED SITUATION

if an employee posts an offensive picture of him or herself, this could form the basis of a non-discriminatory termination and the employee could be fired. Employers must ensure they treat all employees equally or they risk discrimination lawsuits. This means that if one employee is terminated for posting an offensive online picture, then another employee who also violates this work rule in the same way should be terminated as well.

Examples like these are why employers often find it difficult to draft social media policies. It’s a good idea to consult with an employment lawyer first to make sure the company policies and rules are clear and enforceable.

Surveillance cameras

Employers must weigh the legitimate needs to safeguard the workplace and protect company property against the reasonable expectations of privacy among employees. This is most clearly illustrated when installing surveillance equipment. This equipment should not be in areas where an employee should expect privacy, like a restroom or a locker room.

Best practice is to educate employees regarding the reasons for surveillance equipment and to provide advance notice of surveillance when available.

When it comes to privacy in the workplace, detailed, written policies are a must for any employer. Policies and procedures should be well-defined, widely communicated and reviewed at least annually. This will help to balance the company’s legitimate business interests with the privacy rights of its employees, and also ensure compliance with frequently changing state and federal privacy laws.