Legal and Ethical Requirements for Work Health and Safety

If an employee believes that an employer has retaliated against them for exercising their health and safety rights, they should immediately contact their local OSHA office. A reprisal complaint must be filed with OSHA within 30 calendar days of the date the retaliation decision was made and notified to the employee. No form is required, but workers must call OSHA within 30 days of the alleged retaliation plan (at 1-800-321-OSHA [6742]) (OSHA, 2016). The Occupational Health and Safety Act applies to most private sector employers and their employees, as well as certain public sector employers and employees in all 50 states and in certain regions and jurisdictions under federal agencies. Perhaps the most intimidating part of workplace safety is your legal obligations. Workplace safety has long been recognized as an extremely important part of any company`s business. For this reason, it is constantly evolving and the legal requirements that all employers must comply with are becoming more and more stringent. The OSHA website provides extensive materials on occupational safety in health care at www.osha.gov/SLTC/healthcarefacilities/index.html. OSHA has the authority to issue new or revised occupational safety and health standards. OSHA`s standard-setting process involves many steps and provides many opportunities for public participation.

OSHA may initiate standardization procedures on its own initiative or in response to recommendations or petitions from other parties (OSHA, 2016). Understanding how codes of professional ethics can be used to identify, analyze, navigate and resolve ethical dilemmas faced by environmental and health and safety professionals will help us better understand this professional industry and shift the purely commercial aspects of safety and focus on how safety management demonstrates good governance and social responsibility. Protection from retaliation means that an employer cannot retaliate by taking «adverse action» against employees, such as: State plans are OSHA-approved occupational health and safety programs implemented by individual states instead of federal OSHA. The Occupational Health and Safety Act encourages states to develop and implement their own occupational health and safety programs and excludes state enforcement of OSHA standards unless the state has an approved program. OSHA approves and oversees all government plans and allocates up to fifty percent of funding to each program. Government safety and health programs must be at least as effective as OSHA`s federal program. Employers must also comply with the general mandatory clause of the Occupational Health and Safety Act. This clause requires employers to keep their workplaces free from recognized serious hazards and is generally cited when no specific OSHA standard applies to the hazard. OSHA protection applies to all federal agencies. Heads of federal agencies are responsible for creating safe and healthy working conditions for their employees. While OSHA does not fine federal agencies, it oversees those agencies and conducts federal workplace inspections in response to worker hazard reports.

OSHA covers most private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions, either directly through federal OSHA or through an OSHA-approved state plan. Any interested person or group, including individual workers, who has a complaint about the operation or administration of a government program may file a complaint with the appropriate OSHA Federal Regional Administrator (regional offices are listed at the end of this guide). This is called a complaint against the State Program Administration (CASPA). The complainant`s name will be treated confidentially. The OSHA Regional Administrator will investigate all such complaints and, if the complaints are found to be valid, may seek appropriate corrective action from the state. Employees are the most important part of a business. They are a crucial advantage for the company because they serve as the main machinery of the organization. Business goals can only be achieved through employee input. The health and safety of employees in the workplace is therefore an issue of crucial importance to the company and the country`s economy.

For this reason, employees are a privileged group that deserves special moral consideration from the company. Workers are constantly exposed to different hazards in the workplace. Employers have a general legal obligation to create a safe and healthy work environment that mitigates the risks to which employees are exposed during their work. In addition to legal standards, there are ethical standards that influence the working environment. Ethical standards are considered superior to legal standards because they go beyond the minimum requirements of the law. Ethics dictates the «right» thing and serves as the moral basis for norms of behavior. This document explains why employers have an ethical obligation to provide a healthy and safe workplace for their employees. It highlights some of the ethical theories that support the delivery of a healthy and safe workplace. OSHA enforces its regulations and standards by conducting priority-based inspections, such as: an impending dangerous situation, a fatality, or an employee complaint. Current workers or their representatives may file a written complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or their employer is not complying with OSHA standards. Through a process called harmonization, each state and territory has its own security laws based on an agreed-upon WHS law.

Safety Xchange can help you overcome these differences in legislation and ensure your business is compliant throughout Australia. Safe Work Australia leads national policies to improve occupational health and safety and workers` compensation across Australia, connecting you with state and territory regulators. Federal organizations must have a safety and health program that meets the same standards as private employers. Following a 1998 amendment, the OSH Act covers the United States. Postal service as for any private sector employer. From a utilitarian point of view, ethical action is that which provides the greatest possible benefit to as many people as possible. The theory of utilitarianism discourages selfishness because it does not benefit most people. If the employer is concerned only with his own interest, he will only choose alternatives that are beneficial to him.

This will lead to an increase in workplace injuries as the organization seeks to promote their material well-being at the expense of employee safety. In the work environment, a poor work environment can lead to cost reductions for the employer. However, this leads to many dangers for employees. This leads to injury and management can be sued for negligence. The company will lose its reputation due to poor health and safety standards. This will undoubtedly result in losses for many people. On the other hand, if ethical behavior is followed, the employer will create a safe and healthy environment for its employees. The European Agency for Safety and Health states that «good safety and good health are good for business» (paragraph 3).

The well-being of workers is protected and their ability to continue earning money is not hindered. The company will also benefit, as it will continue to benefit from the company`s services. All employers are ethically committed to providing their employees with a healthy and safe workplace. Health and safety professionals (HSPs) can often be employed full-time or part-time to achieve this goal. The HSP should be seen as an impartial provider of occupational safety and health services. In the performance of his duties, he is also on the side of management and the employee. Its ultimate goal is to create a healthy and safe workplace and improve the health of the workforce. Ethical dilemmas may arise in the work of the HSP primarily because there may be instances where conflicts of interest and loyalty arise from the different roles of the HSP. The best way to solve such dilemmas is to prevent them from arising. However, if this is not possible, management`s understanding of the work ethics considerations of the HSP will help improve the working relationship and work outcomes of these employees.