Marilyn Faulkenburg
YesterdayMar 31 at 8:49am
Marcus, your post on the rights and responsibilities of the employer was thorough. You discussed accommodations for employees with disabilities but are their accommodations to allow the employee to possible continue to work until the unsafe issue is resolved?
Kassandra Sullivan
YesterdayMar 31 at 7:12am
OSHA is a division of the department of labor, and the laws apply to all employees and employers of an organization. The primary purpose of OSHA laws is to keep everyone as safe as possible by monitoring any hazards to safety and health. The organization helps develop and enforce safety guidelines and education on workplace safety.
There are specific rights and responsibilities of the employer. It is the employer’s responsibility to provide a workplace that is safe, so they must always be looking for any potential hazards. At my organization, we do a monthly walk-through of the building to observe any potential dangers. Any potential issues that arise must be addressed and corrected immediately. If there is a death, OSHA must be notified within 8 hours (Employer rights and responsibilities - occupational safety and health ... n.d.). Employers are expected to hang OSHA posters in public areas of the workplace so that all employees have access to view them. The company that I work for has them posted in the lobby and in the cafeteria. Organizations will also take on the responsibility of educating all employees on safety and chemical hazards in the building. Training should be completed in orientation and again periodically throughout the year. After orientation, employees are taken to supply, where they are given safety equipment at no cost. We do not charge employees for safety gear because it is the employer’s responsibility to provide it.
There should be an appointed person that will track all work-related injuries and illnesses. At my organization HR and the safety officer work together to record all injuries and illnesses. We also meet weekly to discuss any recordable cases. In the case that an employee loses an arm, leg, eye, or other serious injuries that require an employee to stay in the hospital, OSHA must be notified within 24 hours. These rules are enforced by HR, the safety officers, the safety comity, and all managers and supervisors as a team effort. If the laws required by OSHA are broken, it could result in paying fines or risk being shut down. If an employer needs help understanding, enforcing, or educating about OSHA, there are plenty of assistance programs that can help. OSHA can provide tips for safety programs, run audits at no cost to employers and provide overall assistance with a compliance specialist (Employer rights and responsibilities - occupational safety and health ... n.d.).
Employees do have the right to refuse work under any conditions that could lead to death or serious injury after it has already been communicated to management. OSHA does require organizations to offer some accommodations to employees. Accommodations such as wheelchairs, braille, sign-language interpreters, and much more can be provided to the employee (Division of Occupational Safety and Health & California, n.d.). However, different states have different laws on what assistance can be provided.
References:
Division of Occupational Safety and Health, & California, S. of. (n.d.). Cal/OSHA Disability Accommodation Frequently Asked Questions (FAQ). Retrieved March 30, 2023, from https://www.dir.ca.gov/dosh/ada/ada_faq.html#:~:text=Q%3A%20How%20do%20I%20request,Disabilities%20(DOSH%20Form%2DRA)Links to an external site.
OSHA. (n.d.). Employer rights and responsibilities - occupational safety and health ... Retrieved March 31, 2023, from https://www.osha.gov/sites/default/files/publications/osha3000.pdf