Human Resources and Change Management for Safety Professionals

Thomas D. Schneid, Shelby L. Schneid

• Publisher: CRC Press
• Year: 2019
• ISBN:
  9780429647123
• Edition: 1
• Topic: Tecnologia e ingegneria
• Subtopic: Salute e sicurezza sul lavoro

The goal of this book is to prepare safety and health professionals to recognize and address human resource issues, applicable laws and regulations, as well as change management techniques used to alter the safety culture within their operations. This book will provide awareness to avoid or address HR related policies/issues/laws which can result in costly litigation, grievances, and other negative implications. The book will address the "pitfalls" for safety professionals to avoid as well as provide the methodology to attain the cultural change necessary to achieve and maintain safety performance.

Features

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• Prepares safety professionals how to avoid or address HR issues and laws
• Provides awareness of applicable labor and employment laws and regulations
• Covers change management skills applicable to the safety function
• Enables the safety professional to recognize legal requirements from everyday questions asked by employees
• Helps safety professionals to prevent becoming entangled in legal issues resulting from their actions or inactions

1	Human Resource Function and Interaction with the Safety and Health Professional

***

“A smooth sea never made a skilled mariner.”

English Proverb

“There are few, if any, jobs in which ability alone is sufficient.

Needed, also, are loyalty, sincerity, enthusiasm and team play.”

William B. Givens, Jr.

***

The safety and health function does not work in a vacuum. In most organizations, the safety and health professional is part of the management team and serves in a leadership role to guide the safety and health efforts of the organization. However, in performing the functions required to ensure the safety and health of all employees, the safety and health function must interact with the laws, regulations, and policies of other functions within the organization, as well as outside of the organization. Given the fact that the safety and health function works closely with employees at all levels within the organizational structure, the safety and health function often works closely with the human resource or personnel function on a daily basis. This frequent interaction between the safety and health function and the human resource function is essential in order to provide the appropriate leadership and guidance to employees with regards to not only workplace safety and health issues but also to operational, quality, and related expectations for each employee by the organization.

The location of the safety and health function within the organizational structure of the company is often unique to the individual company and has developed throughout the history of the company. For more established companies, injecting formalized safety and health after 1970, the safety and health function often started as a compliance ensuring entity and was aligned with production or quality. As the safety and health function expanded beyond compliance to become a vital component within the organizational structure, companies often designed an internal hierarchy for the safety and health function within the overall organizational structure ranging from operational-level through corporate-level safety and health functions. Given the expanded role of the safety and health professional and the daily interaction with the human resource function, many companies aligned their reporting structure, especially at operational levels, to permit the safety and health function to report directly to the human resource function with a secondary reporting line to a corporate safety and health function.

To ensure the efficiency and effectiveness of the safety and health function, many companies found that it made operational “sense” to align the safety and health function with the human resource function due to the overlapping responsibilities and expertise requirements. In order to achieve a proactive environment which prevents not only accidents but also violations of specific laws relevant to the human resource function, alignment of the reporting structure merged not only the functions but also the experience and expertise of the functions, permitting overlapping compliance requirements to be addressed in an efficient and effective manner. However, education and training are essential for the safety and health function to become knowledgeable with the laws, regulations, and policies within the human resource function and the human resource function to become knowledgeable about the laws, regulations, and policies within the safety and health function.

Often as the result of difficult economic or organizational circumstances, which can result in downsizing within the operations, safety and health professionals can be tasked with peripheral functions in addition to their safety and health responsibilities, such as security or environmental functions. These peripheral functions were often individual functions under the human resource umbrella prior to the economic downturn, however, they could be consolidated for cost-saving reasons. These “slash” positions (i.e., Safety/Security Coordinator) often require new functions to integrate within the human resource function for operational purposes. Although these commingling functions often require a minimalist approach simply due to the responsibilities and time limitations, the survival of the company is often at risk and the safety and health professional can integrate and apply his/her managerial skills and abilities to the correlating function.

The safety and health professional is often the unofficial “eyes and ears” of the human resource function within the operational setting. Safety and health professionals are frequently working within the operations conducting assessments, observations, and related activities within the safety and health function. However, while working within the operations, the safety and health professional often observes employee activities which may impact laws, regulations, or policies within the human resource function. It is imperative that the safety and health professional possess the knowledge and ability to be able to recognize the potential violation and the ability to communicate this information to the human resource function in order that preventative action can be initiated. For example, while the safety and health professional is conducting his/her compliance-related inspection, an employee is upset within the operation. In a discussion, the employee explains that she has a very ill family member and asked her supervisor for time off work. The supervisor denied the request. The safety and health professional, with knowledge of the Family and Medical Leave Act (FMLA) and identifying that this could be an FMLA issue, informs the human resource function, who can further investigate and take the appropriate action to avoid potential liability for the company.

It is imperative that safety and health professionals possess a working knowledge of the laws, regulations, and policies within the human resource function. Additionally, if it is a unionized operation, it is essential that the safety and health professional has a working knowledge of the collective bargaining agreement and, in nonunion operations, knowledge of the employee handbook. In general, safety and health professionals should possess a working knowledge and be able to recognize situations involving potential discrimination, including pregnancy, age, religion, gender, disability, race, and national origin. Additionally, safety and health professionals should be able to recognize issues involving leave from the workplace including FMLA, short-term and long-term disability (by policy), Americans with Disabilities Act (ADA) and workers compensation overlap, and related return-to-work issues. Safety and health professionals should have a firm grasp of the issues related to employee discipline, employee involuntary termination due to direct impact on the safety and health function, and controlled substance testing.

Safety and health professionals are often tasked with the management of an individual state’s workers compensation function. Although the workers compensation function is reactive (i.e., the injury or illness has already occurred), wherein the safety and health function is proactive, many organizations tend to commingle these functions within their corporate structure. Safety and health professionals should be aware that each state possesses individual state laws, regulations, and systems, and these laws can overlap with other state and federal laws, as well as internal human resource or company protocols. Given the nature of most state workers compensation systems, the state legislatures create the laws and an administrative structure is established within state government which establishes rules and regulations for virtually every aspect of the workers compensation function from rates to duration to care. Safety and health professionals tasked with this responsibility must adhere to these laws and regulations while assisting the injured or ill employee and balancing this with compliance with other laws and regulations. As noted previously, it is essential that safety and health professionals have a working knowledge of these laws and regulations so not to create situations involving noncompliance. For example, an employee is injured on-the-job on a weekend. He/she goes to the emergency room after work and is instructed by the emergency room physician to remain off work for a week. The employee remains at home without notifying his/her supervisor or the company for three days and is subsequently terminated in accordance with the company absenteeism policy (No Call-No Show). Should the doctor’s directive or the company policy take precedence? If the employee is terminated, how will this impact the company’s workers compensation costs? Following this case further, the employee has reached maximum medical recovery and has rated at a permanency rating of 40 percent of a whole person. The employee is released to return to work and requests an accommodation to be able to perform the job. Is the employee qualified under the Americans with Disabilities Act? Is the company required to provide accommodation to the employee?

As noted, the safety and health function is definitely not “siloed” within the function and every situation and decision possesses the potential to impact other laws and regulations depending on the circumstances and facts of the situation. Given the fact that safety and health professionals work with employees and the human resource function is the primary managing function for employees in many companies, the potential for conflict among and between functions exists in virtually every situation involving employees. It is essential that safety and health professionals become knowledgeable regarding the policies, protocol, and personnel within the human resource function and investigate each situation thoroughly before finalizing a decision which may have human resource implications. With virtually every decision made by the safety and health professional impacting employees directly or indirectly, careful analysis of potential conflicts with human resource laws, regulations, and policies is essential.

In general, safety and health professionals should possess a working knowledge of the major laws and regulations impacting the safety and health function as well as an expert knowledge of the specific laws and regulations that are within his/her sphere of direct responsibilities. In general, safety and health professionals should possess an expert level of knowledge with regards to the Occupational Safety and Health Act and the numerous standards. This expert level must be maintained on a daily basis with all changes, modifications, or decisions being noted with application within the safety and health structure. Safety and health professionals with concurrent environmental or workers compensation responsibilities should possess expert knowledge in various laws, regulations, and court decisions. However, in addition to the expert level within these specific spheres of direct responsibilities, safety and health professionals should have a working knowledge of the potential impacting laws and regulations which can be embedded within the specific situation and decision-making process. In general, these laws and regulations include, but are not limited to, the areas of discrimination in the workplace, labor laws, ADA and laws governing handicap or disability, leave laws (such as FMLA), hiring and recruitment laws, confidentiality laws, and employee record laws.

In the area of hiring, most safety and health professionals do not possess direct responsibility for the hiring and placement of employees; however, this function, or the impact from this function, can have a direct correlation to the safety and health function. Hiring, recruitment, and placement errors can result in an increased probability of workplace accidents and injuries. For example, if an individual is hired for a very physical job function when the individual does not possess the physical capabilities of performing the job function. Although the new employee may be able to perform the job function successfully over a short period of time, the risk probabilities are substantially increased that the new employee may incur a work-related injury if appropriate job modifications or adjustments are not made to the job function.

The laws and regulations surrounding the hiring and recruitment function have substantially changed as a result of new laws and regulations as well as technology. Areas such as pre-employment background checks, especially in the areas of criminal background checks and financial background checks, have changed as a result of not only federal laws but also individual state laws. Questions which were historically asked within the interview process may now be prohibited and can serve as the foundation for discrimination action. The laws and regulations regarding medical screening, controlled substance testing, and confidentiality of records have substantially changed. Technology, especially in the area of social media, as well as recent legislation and court decisions, have impacted the hiring and recruitment process. At a minimum, safety and health professionals should be aware of the best practices in this important area and ensure that compliance is assured.

As noted previously, the wrong placement of new employees within the operational structure can detrimentally impact the safety and health performance. Safety and health professionals should take an active role in the development of written job descriptions, which are key within the hiring and placement process. The written job description should address the specific activities required within the job, appropriate and specific physical demands, specific job duties and responsibilities, and, above all, be completely accurate and up-to-date. As safety and health professionals are well aware, as soon as the candidate becomes an employee, he/she is your responsibility and should be appropriately placed and prepared for long-term success within the job position.

Given the fact that progressive disciplinary action is one of the primary methods through which behavior modification is achieved in the workplace, safety and health professionals should be knowledgeable of the process and impacts of each level within this important human resource policy. Under most progressive disciplinary policies or protocols, disciplinary action for failure to comply with a safety and health requirement is usually part and parcel of the policy. Whether prescribed in a policy and employee handbook within nonunionized operations or within the collective bargaining agreement in unionized operations, the safety and health professional is often actively involved in disciplinary investigations as well as throughout the progressive disciplinary process.

An area where a confluence of many different laws and regulations impacting a situation can amass is the area of restricted duty return to work programs. Safety and health professionals should be aware of the many possible protections afforded to the injured employee beyond simply workers compensation coverage. Although many companies have initiated restricted duty programs to reduce costs within the category of workers compensation time loss payments to the employee and maintaining the employee within the routine of the job function, mismanagement of this function can create impacts not only within the workers compensation area but also in the areas of ADA and state protections, internal short- and long-term disability policies, and related laws and regulations.

Safety and health professionals seldom are disciplined or terminated as a result of their direct efforts within the safety and health realm. However, when a safety and health professional “steps on his/her tail” in areas encompassed by other laws, companies are often placed in the awkward position of being required to act against a management team member. Safety and health professionals should be aware that although they are a valued member of the management team, he/she is still an employee of the company and required to adhere to all laws, regulations, and company policies. Areas of specific focus for safety and health professionals often include, but are not limited to, violations of discrimination laws and policies, relationships in violation of company policies, improper initiation of actions in violation of a law, or inappropriate or unprofessional conduct within the scope of the position.

In summation, the safety and health professional often works hand-in-hand with the human resource function on a daily basis within many operations. Safety and health professionals should recognize this relationship and be aware that the safety and health function does not “work in a vacuum” and is impacted, directly or indirectly, by the laws, regulations, and policies with which the human resource function is tasked with ensuring compliance. Safety and health professionals should not only be experts in their field but also be knowledgeable and be able to recognize the various laws, regulations, and policies which could impact their function. It is the laws and regulations which the safety and health professional is not aware of or has not recognized that will create the greatest difficulties. Preparation, knowledge, and recognition are key for safety and health professionals to avoid missteps or conflicts in the effective and efficient management of a safety and health program.

2	Safety and Health Professional’s Guide to Labor and Employment Laws

***

“Don’t condescend to unskilled labor. Try it for half a day first.”

Brooks Atkinson

“Excellence, in any department, can now be attained, only by the labors of a lifetime. It is not purchased at a lesser price.”

Johnson

***

There are three basic labor and employment structures un...