978-0078029165 Appendix B Part 15

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| 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).

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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.

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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.

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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

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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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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.

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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.)

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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

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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).

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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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(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.

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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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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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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

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