Chapter 10

Learning Outcomes

• Understand federal laws regarding hiring, firing, discrimination, and other workplace regulations.
• Describe OSHA's top workplace safety priorities.
• Examine health care practitioners' roles in safety standards from OSHA, CDC, and CLIA.
• Summarize workers' compensation laws and unemployment insurance.
• Determine legal hiring processes and paperwork maintenance.

Employment-at-Will

• Definition: Either employer or employee can end employment at any time, for any reason.

Factors Affecting Employment-at-Will

• Federal and state statutes, executive orders, and case law.
• Contracts between workers and employers.
• Collective bargaining agreements.
• Civil service rules for government workers.

Hiring and Firing

• Wrongful Discharge: Litigation risks if no legal reason for firing exists.
• Public Policy: Wrongful discharge involves acting for the common good through:
  • Refusal to commit illegal acts.
  • Whistleblowing.
  • Performing a legal duty.
  • Exercising a private right.

Protection from Discrimination

• Protected categories include:
  • Race, color, religion, national origin, gender, or transgender status.
  • Age (over 40), disabilities (addressed or history), genetic disposition, and pregnancy.
  • Union membership or political activity.

Conditions for Sexual Harassment

• Sexual conduct as a term or condition of employment.
• Employment decisions based on conduct submissions or rejections.
• Conduct creates a hostile working environment.

Federal Labor and Employment Laws

• Employment Discrimination Laws:
  • Wagner Act (1935), Civil Rights Act (1964), Age Discrimination Act (1967), etc.
• Wage and Hour Laws:
  • Fair Labor Standards Act (1938), Equal Pay Act (1963), etc.
• Workplace Safety Laws:
  • Occupational Safety and Health Act (1970).
• Other Terms of Employment:
  • Family Medical Leave Act (1991).

OSHA - Occupational Safety and Health Administration

• Responsible for creating and enforcing health and safety standards in workplaces.
• Covers industries: General Industry, Maritime, Construction, Agriculture.

Priorities of Workplace Inspection

• Immediate danger situations.
• Severe injuries or illnesses.
• Employee complaints.
• Referrals from other agencies and targeted inspections.

Covered by Right-to-Know Laws

• Employee access to information on toxic substances, employer duties, employee rights, etc.

OSHA Health Standards

1. Bloodborne Pathogen Standard.
2. Hazard Communication Standard (aligned with GHS).
3. Chemical Hygiene Plan.
4. Ionizing Radiation Standard.
5. Exit Routes Standard.
6. Electrical Standards.

Medical Waste Tracking Act

• OSHA inspects hazardous medical wastes; proper disposal is mandated.
• Requires training on handling hazardous materials.

CDC Guidelines

• Mandates protective equipment for medical tasks that risk exposure to blood or body fluids.

Clinical Laboratory Improvement Act (CLIA)

• Federal statute ensuring minimum quality standards for laboratory testing.
• Laboratories must obtain certification and adhere to regulatory requirements.

Workers' Compensation

• Coverage includes:
  • Medical treatment.
  • Temporary and permanent disability indemnities.
  • Death benefits and rehabilitation benefits.

Filing for Unemployment Benefits

• Claimants require:
  • Social Security card.
  • Statement of availability for work.
  • Reason for leaving previous job.

Interviewing Practices

• Avoid discrimination in hiring inquiries regarding protected categories.
• Guidelines:
  • Keep questions relevant to job description.
  • Manage interview length.
  • Maintain objectivity and listen.
  • Conclude positively and inform candidates of decisions.

Surety Bond

• Insurance allowing employers to recover funds if an employee engages in fraudulent activities.

Background Checks

• Employers may check financial and criminal backgrounds with employee consent.

Employment Paperwork

• Required employee records include:
  • Social Security number.
  • Salary details and tax deductions.
  • I-9 form for employment eligibility verification.

W-2 Information

• Employers must deliver W-2 forms by January 31st detailing:
  • Employer’s tax ID, employee’s SSN, taxable earnings, tax deductions, and earned income credits.