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Appendix B-277
| Appendix B – Chapter Exercises
employed?
smoke, terminating employees who smoke,
preventing employees from smoking on- or
off-the-job, or establishing designated smoking
areas.
3. Do any relevant state or local laws
exist?
Two-fifths of the United States now have smokers'
rights laws, including New Jersey, Colorado, and
Indiana.
4. What is the population of interest?
Employers that require their workforce to be
physically fit (e.g., pilots, fire fighters, police) may
be justified in their attempts to refuse to hire
smokers.
5. What type of industry is the policy
for?
Smoking may be unsuitable for companies in
industries such as food services, health services,
and in hazardous environments where materials are
flammable (e.g., petroleum industry).
6. What are the consequences for
noncompliance?
Discipline options may include oral warnings,
written warnings, mandatory attendance in
smoking cessation programs, mandatory leave of
absence, and ultimately, termination.
7. What environmental changes are
necessary?
Are current ventilation systems suitable for
designated smoking areas? Do ashtrays and/or
cigarette vending machines need to be removed
from certain areas? Are signs posted designating
smoking areas?
Table 14.1.2
Suggested Steps for Designing a Company Smoking Policy
1. Attain top management support (especially effective if CEO's, VP's, etc., quit smoking).
Appendix B-278
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
2. Form a committee consisting of smokers and nonsmokers (participation usually leads to
increased buy-in and commitment).17
vending machines with nicotine chewing gum)20.
8. Create incentive systems for employees to quit smoking (e.g., cash awards, prizes, lower
insurance rates).
9. Create disincentive systems for smokers (e.g., higher insurance premiums).
16.
19 Pulliam, L. L. (Winter, 1993/1994). Smoking in the workplace: Developing a policy that works for your company.
42-45.
21McShulskis, E. (Aug. 1996). Workplace bans help employee quit. HRMagazine 41, 8, 20-22.
22Dimon, A. (Nov. 1997). Breathless. Benefits Canada, 21, 10, 21.
23 Lyncheski, J.E. (Jul. 1997). A slow burn: Smoking in the workplace. Getting Results . . . for the Hands-on Manager, 42,
7, 3.
Appendix B-279
| Appendix B – Chapter Exercises
Chapter Exercise 14.2
The Development of an Anti-drug Policy
Marilyn A. Perkins
Objective. The purpose of Exercise 14.2 is to have students consider another controversial issue
facing organizations today – the development and implementation of substance abuse policies. The
exercise is designed to help the student understand the implications of various anti-drug policies for
both employers and employees. The exercise requires the student to integrate material from
Chapters 3 (Rehabilitation Act of 1973, ADA of 1990) and 6 (drug testing issues).
Description. The Individual Analysis (Part A) should take the student no more than one hour to
complete out of class. The student is asked to assume the role of a task force member who has been
asked to critique a potential anti-drug policy and offer his/her position (in memo form) to the board
of directors. For the Control Analysis (Part B) of Exercise 14.2, groups of no more than 4-6 students
should be used. At least 60 minutes should be allotted for group discussion. It is strongly suggested
that each group member be allowed to review all other student memos at the outset of the meeting
since this tends to facilitate discussion. At the end of group discussion, each group should be
encouraged to come up with an eclectic policy -- one that appears to capture the best features from
each of the individual policies. As an option, you may choose to have one group member report the
consensus recommendations to the rest of the class.
This topic usually results in stimulating group discussion. In order to increase the variety of
responses, you should encourage students to explore some of the programs currently being used by
organizations. Information about anti-drug programs can be found in periodicals such as those listed
in Exercise 14.2. These publications should be available in your local library.
You should emphasize that there is no "one right answer." Instead, students should use their own
logical reasoning to decide on an anti-drug policy.
Appendix B-280
| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
CASE DISCUSSION
Students will no doubt agree that a substance abuse program, aimed at providing employers and their
employees with safe, drug-free workplaces, is an organizational goal worth achieving. However,
students' opinions about how such a program should be developed will likely vary. Most students will
generally agree that while some of the drug-free workplace policies, developed by the security
department, are plausible, others are not. Possible responses to each of the five policy statements
are offered below. When applicable, recent research findings in the area of employee drug testing
are presented.
1. Any employee with a substance-abuse problem should be reported to the security
department, regardless of whether the substance abuse was detected by management or
self-reported.
Students’ responses to this statement will be mixed. As stated in the scenario, if the employee
2. Drug testing should be conducted for all individuals filling sensitive positions and randomly
for the entire organization.
"Who" should be tested may be one of the most controversial issues to consider when developing a
drug testing policy. Factors that might affect such decisions include: (1) job status (e.g., employed vs.
seeking employment); (2) the type of organization (e.g., government vs. private-sector); and (3) the
According to the text, when dealing with current employees, organizations need to decide whether
testing will be done only "for cause," or randomly without cause. Because the employer in the
Appendix B-281
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
exercise is a federal contractor, would be bound by the Fourth Amendment of the U.S. Constitution.
Hence, random drug tests could be perceived as unreasonable search and seizure. However, based
on recent U.S. Supreme Court rulings, it would be reasonable to require testing for those "sensitive"
jobs involving public safety.
On the other hand, random testing for the company's "non-sensitive" jobs might pose a legal risk. A
better policy might be one that allows testing on suspicion. For example, the federal contractor's
anti-drug program might state that an employee may be tested for substance abuse after an accident
3. All positive test results should be reported to the security department.
The text points out that many of the current drug testing methods may produce false positive findings
(e.g., eating poppy seeds may result in an employee testing positive). For this reason alone, the
federal contracting agency in this exercise should create a policy whereby positive results are verified
by a second test before further administrative action is taken.
4. All employees testing positive on the first test should be terminated.
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While it is possible that some students may agree with this statement, many will suggest that
organizational discipline not be limited to immediate discharge. Instead, programs may include more
liberal measures such as confirmatory testing (e.g., getting a second opinion), a written warning,
toward programs that provided applicants and incumbents with opportunities for treatment.
5. Any job applicant with a history of drug or alcohol abuse should not be hired.
Though some students may agree with this position, for legal reasons many will not. The problem
with this statement is that it may be perceived as discriminatory. According to both the Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990, individuals with disabilities include those
Other Recommended Actions :
In addition to the suggestions above and those noted in Chapter 14 (pp. 320-321,324), the federal
contractor may want to include the following in its anti-drug program:
1. Attainment of top management support.
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| Appendix B – Chapter Exercises
3. Development of procedures for maintaining and disclosing confidential medical records.
4. Development of drug education programs. Topics might include the effects of drugs in the
workplace and available treatment programs (e.g., EAPs).
NOTE:
Murphy, K. R., Thornton, G. C., & Reynolds, D. H. (1990). College student's attitudes toward
employee drug testing programs. Personnel Psychology, 43, 615-631.
Appendix B-284
| Appendix B – Chapter Exercises
Exercise 14.3
The Development of a Health and Safety Policy
Objective. The purpose of Exercise 14.3 is to become familiar with OSHA's health and safety
regulations, and to recognize the implications of these standards for both employers and employees.
The exercise requires the student to integrate and apply material from Chapter 14.
Description. The Individual Analysis (Part A) of this exercise requires about one hour of out-of-class
preparation in addition to reading the chapter. The student is asked to assume the role of a
consultant who has been contracted out by a manufacturing company to aid in the development of a
health and safety policy. The Group Analysis (Part B) will require nearly one hour. About 40 minutes
should be set aside for group discussion and another 15 minutes should be allotted for group
presentations.
Table 14.3.1
Answers to Form 14.3.1
1. What steps should Dynamic Duo’s owners take immediately?
First we must determine if the CO followed the proper procedure for the on-site inspection? (starting
p. 469)
• No. The CO simply entered the plant. (The CO must show appropriate credentials and obtain
the employer's consent if he/she does not have a probable cause search warrant or evidence
of a violation. Refer to Marshall v. Barlow's Inc.)
Appendix B-285
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
a violation(s) is not corrected within a stated time limit, OSHA will levy a fine against the
company.
Regardless, Dynamic Duo, Inc. should correct any of the violations discovered in the OSHA inspection,
especially in light of the recent accidents and illnesses in the plant.
Did Dynamic Duo, Inc. provide thorough training to the workers when the company opened? If so,
were the injured workers deliberately flouting a known work rule? (Coincidental that four were hurt
in one day.)
Did Dynamic Duo owners know of any unsafe substances that the workers were exposed to (the
right-to-know provision)? Is there a possibility that the "mysterious illness" would have occurred
otherwise? Had Dynamic Duo complied with the "Hazard Communications Standard"?
2. What legal steps would you recommend that Dynamic Duo take?
Dynamic Duo, Inc. should immediately appeal the original citation on the grounds that the inspection
was not conducted legally and properly, nor did Dynamic Duo receive adequate direction and advice
from OSHA in problem areas. The owners were seeking consultation and should follow through:
• The Dynamic Duo owners were concerned about providing a safe working environment (QWL)
for their employees by bringing in an outside consultant (Consultation Assistance).
• You may also want to advise Dynamic Duo, Inc. of possible programs for reducing or
eliminating unsafe behavior. According to the text, these programs can be classified into four
general areas: personnel selection, employee training and education, incentive programs, and
safety rules and regulations . OSHA's "voluntary training guidelines" provide assistance that
Appendix B-286
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
may be especially useful for new organizations that have no existing formal training
development and evaluation programs.
Finally, as an employer, Dynamic Duo should become familiar with their rights and responsibilities
under OSHA. Similarly, they should inform all employees of their rights and responsibilities.
3. What advice would you give the owners concerning the company's obligations under OSHA
to record accidents?
OSHA requires that you complete Forms 300 and 301 (p. 469; Figure 14-3, page 471) for all injuries
and illnesses that result in death, one or more lost workdays, restriction of work or motion, loss of
consciousness, transfer to another job, and medical treatment. The seriously injured employee who
caught his hand in a conveyor should be given medical treatment and be listed under injuries on Form
4. Visit www.OSHA.gov and determine if you can provide any additional information to help
make the plant safer.
There are many possible sources of valuable information in the OSHA website.
First, you need more information on the ergonomics and scaffolding problems. The OSHA website has
very useful information regarding ergonomics information but the consultant needs more detail on
the nature of the ergonomics problems so that a determination can be made as to what (if anything).
Appendix B-287
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
OSHA has considerable detail on scaffolding. A BLS study found that 72 percent of workers injured in
scaffold accidents attributed the accident either to the planking or support giving way, or to the
employee slipping or being struck by a falling object. According to OSHA, these accidents can be
controlled by compliance with OSHA standards.
Scaffolding hazards are addressed in specific standards for the construction industry. Visit
http://www.osha.gov/SLTC/constructionscaffolding/standards.html for highlights of OSHA standards
and directives (instructions for compliance officers) related to scaffolding in the construction industry.
OSHA requires employers to "comply with occupational safety and health standards promulgated
under this Act". Scaffold-related fatalities account for a significant number of fatalities in the
construction industry. OSHA provides references to aid employers in recognizing and evaluating
hazards and possible solutions relevant to scaffolds in the workplace. See “Guide to Scaffold Use in
the Construction Industry” (OSHA Publication 3150). This guide addresses some of the most common
questions about OSHA’s scaffold standard. For more options, go to:
http://www.osha.gov/SLTC/constructionscaffolding/recognition.html
For information on ergonomics, go to: http://www.osha.gov/SLTC/ergonomics/
5. How could Dynamic Duo be issued a citation for an ergonomics violation? Jack Richter says,
“I thought they got rid of that stupid regulation.” What is your response?
Employers can (and have been) cited under the “General Duty Clause.” See the discussion on page
477.
6. Mr. Saline fired an employee who refused to work around some of the resins after three
employees complained of stomach problems while working with the resins. The employee
threatened to sue the company but Saline has invoked the ‘employment-at-will’ doctrine.
Take a position on Mr. Saline’s argument.
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
(p. 479) Under OSHA, employees can refuse to work and be supported by the law when certain unsafe
conditions exist. Since four employees has become ill after using the resins Mr. Saline needs to
determine if its workers are being protected from unsafe substances, per the right-to-know provision.
Employment-at-will doctrine will likely not protect the company in this instance.
Appendix B-289
| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter Exercise 14.4
The Development of a Threat Management Team for a Workplace Violence Incident
Susan M. Stewart
IM Notes prepared by Joyce E. A. Russell
Objective . The purpose of this exercise is to enable students to be better able to examine a situation
to determine the extent to which threats to workplace violence may exist. As noted in the chapter,
this is an area of growing concern for organizations today. Students should also be able to draft out a
plan for dealing with possible threats to violence that can be used by an organization.
Description . In the first part of this exercise, students are instructed to work individually to read the
scenario presented in the exercise and to answer the questions on Form 14.4.1 and the Violent
Incident Report on Form 14.2.2. This should take about one hour of out-of-class time for preparation.
since the topic is a fairly new one that few students will have had much exposure to.
Table 14.4.1
Responses to Form 14.4.1
1. What warning signs or symptoms were displayed before Roy's blow up?
Rosalyn already feels that Roy might react poorly to the news based on her previous contact with him.
He is older than she is, is viewed by most of his coworkers as a loner, and has a record of absenteeism
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| Appendix B – Chapter Exercises
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fit the typical profile of a "violent employee profile" found in Figure 14.7 (middle-aged male, holds a
blue-collar position, weapon owner, a loner, few interests, recently laid off, extremist views, and
displays anger at work).
2. Were proper immediate action(s) taken after this incident?
After Roy spoke angrily and lost his temper at the HR review session, some action should have been
3. Were time, money, and effort wasted or was a potential crisis averted in the meeting of the
threat management team?
It is important for the threat management team to act quickly to determine if Roy is a threat and then
4. Discuss five ways in which the threat management team could be more effective.
a. Make a quick decision about the potential for Roy as a threat.
b. Notify company security and the local police if Roy has been determined to be a threat.
5. What specific actions could be taken to create a security-conscious organizational culture at
the manufacturing plant?
1. In the future, engage in pre-employment screening to avoid having employees who pose a risk
to others.
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| Appendix B – Chapter Exercises
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2. Be sure that the firms' policies and procedures manual addresses issues of workplace violence.
3. Educate and train managers and employees on what to look for and how to handle workplace
violence.
4. Require that employees or managers who fit the profile of violence, be required to attend an
EAP.
6. What, if any, unique challenges may exist in this situation given the differences between Roy
and Rosalyn, the production manger, in terms of gender, age, and tenure with the company?
Rosalyn may feel more threatened than she might otherwise due to the fact that Roy is older, has
been with the firm longer and is a male. She may be worried about not only physical abuse, but also
make her an easier target for Roy to intimidate.
7. What, if any, ethical issues (e.g., privacy) are involved when members of a threat
management team seek to identify and report potentially dangerous employees?
Ethical concerns do exist since the threat management team does not have perfect information and
often has to act with incomplete data. They will make a judgment about the potential threat of a
person and may make errors in their judgment (watching someone or referring someone to an EAP
Appendix B-292
| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
