Employee Safety, Health, and Welfare - Assignment Example

Employee Safety, Health and Welfare Employers hire people to help them run their business, and each employee is their responsibility. Different laws were imposed to protect the worker's safety, health and welfare covering all the rights of an employee. One law is the Family and Medical Leave Act of 1993 which covers the right of the employee to file a leave with a total of twelve unpaid workweeks for every twelve-month period for the following reasons: she will be bearing a child soon or his wife, in case of a man, it includes the nursing time for the baby, and recovery of the female employee who gave birth; when the employee is about to adopt or be engaged in a foster care with his son or daughter ; his spouse, child or relative has a serious health problem and he has to take care of them; or the employee himself is having a serious health condition that he cant work efficiently. The employee should use his FMLA from time to time, meaning he can't use the twelve weeks of leave at once. Thirty days before the leave, a notice should be given to the employer, or in case of emergency, as soon as possible. Employers can also ask for a medical certificate of the employee, spouse, and son, relative or of whoever has a serious illness that causes the leave. Upon the return of any employee from a leave, his position, benefits, salary and other conditions should still be the same. ( U.S. Office of Personnel Management) Accidents can never be avoided and it comes very unexpectedly. That is why the worker's compensation law was imposed to ensure the medical support that an employee will receive in case of an accident. The worker's compensation law has several benefits available depending on the different factors such as the graveness of the injury, the ability of the worker in his work, the level of his disability whether it will be permanent or temporarily only, the availability of his job, and the need for health assistance. The compensation is usually calculated as two-thirds of the gross average weekly salary of the employee. (Moorehead) One type of benefit includes the medical treatment for the job injury or disease which is only available while recuperating and have'nt reached the maximum recovery. For a case of an intense injury or disease, medical benefits may last a lifetime. The employer is resposible for all the medical expenses of the injured employee including the health services, supplies, medicines, and other necessary care without deductible pay from the employee. Temporary weekly benefits willl be granted while the worker is unable to work because of his injury or disease and will end when he returned to work or when the doctor certifies that he has recovered. The compensation will not be paid in the first week of the temporary total disability unless it resulted a disability of more than fourteen days, but the compensation will be paid from the date of disability. (Moorehead) When an employee has reached his maximum healing but still unable to work, such as when you injure your eyes, back and other body parts that will not function as good as before, permanent partial disability benefits should be granted with the appropriate percentage loss or malfunctioning of the body parts. Limits on compensation depends on the body part that is not functioning well and to the empployee's weekly compensation rate. This is paid together with the temporary total disability benefits. (Moorehead) In case of a very severe injury that it is no longer enabling the employee to be engaged in any kinds of work, a permanent total benefit is entitled to him wherein he will be given a five hundred weeks of compensation plus a lifetime medical treatment for his injury. If unluckily, the employee died within two years of disability, or while the total disability continues or within six years after the accident, the relatives of the diseased employee should receive 66.67 percent of his weekly wages for a period of 5five hundred weeks. (Moorehead) The Occupational Safety and Health Act (OSHA) were established to ensure safety of the employees while at work to prevent injuries and to protect their health. Employers should provide a place of employment that is free from any hazards that could threaten the health of his employees that can cause severe injuries or even death. The employers are also responsible for proper observation of occupational safety and health standards under this law. (GPO Access User Support Team, 2005) OSHA standards require that employers implement necessary and appropriate practices, methods, or processes for a safe working condition. They should ensure that all the employees have been provided and well-trained in using protective equipments when necessary. Standards were grouped into four major types which are the general industry, construction, maritime, and agriculture. The standards that have related requirements for all sectors are those that deal with admission to medical and exposure reports, private protective equipment, and risk communication. In access to medical and exposure records, permits the employees or representatives to have an access with relevant medical records proving the exposure of the employee to some toxic substances. The employers are also required to provide their employees with protective equipments to protect them from any hazards and make sure that they are properly educated on how to use the equipments. Hazard communication standard requires employers to check and evaluate materials that are used at work that can be hazardous to health. Recordkeeping, reporting and posting are also necessary to monitor these safety practices. (Employment Law Guide) Under any circumstances, everyone's health and safety is very important. The employers and employees have their own duties and obligations, they should practice them well. It is not about who is the boss or who serves the boss, what matters is the rights of any individuals should be valued and respected. Employees and employers should have good working relations for a more efficient results and it can only be achieved if proper conditions and standards at workplace are implemented. Works Cited U.S. Office of Personnel Management. (n.d.). Family and Medical Leave. Retrieved August 13, 2007, from http://www.opm.gov/oca/leave/HTML/fmlafac2.asp U.S. Dept. of Labor. (2007, August 13). Compliance Assistance--Family and Medical Leave Act (FMLA). Retrieved August 13, 2007, from Employment Standards Administration Wage and Hour Division: http://www.dol.gov/esa/regs/statutes/whd/fmla.htm Moorehead, D. (n.d.). Workers' Compensation Law. Retrieved August 14, 2007, from The Moorehead Law Firm: http://www.moorheadlaw.com/benefits.htm GPO Access User Support Team. (2005, January 3). TITLE 29--LABOR CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH . Retrieved August 14, 2007, from US Code Home: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgidbname=browse_usc&docid=Cite:+29USC654 Employment Law Guide. (n.d.). Retrieved August 14, 2007, from U.S. Department of Labor: http://www.dol.gov/compliance/guide/osha.htm Read More