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Third employers are banned from interfering or discriminating against employees taking FMLA leave. Fourth, employers need to post a notice for workers detailing the provision of FMLA and are subject to penalties for failure to post such notice.
Application and Implication of OSHA of 1970:
The issue of employee health and safety at the workplace to prevent injuries and deaths is a major issue of the Labor Movement. The Occupational Safety and Health Act of 1970 was enacted for the establishment of Occupational Health and Safety Administration to implement labor laws that help in preventing injuries and deaths in the workplace ("1970 Occupational Safety and Health Act," n.d.). The main aim of this legislation is to significantly lessen workplace accidents and decrease the number of people involved in work that could result in disabilities later in life. The legislation covers all employers and their workers in all 50 states, Puerto Rico, the District of Columbia, and other territories in the United States. However, the law doesn't cover self-employed people and farms employing immediate family members of the farmer among others.
The Occupational Safety and Health Act of 1970 provide employees with several important rights or protections. First, workers have the right to file a complaint with Occupational Health and Safety Administration regarding the safety and health conditions in the workplace based on OSHA provisions. Second, employees are protected from any discrimination by the employer since they have the right to report any discriminatory action. Third, the employee is entitled to receive any lost benefits from the employee for any discriminatory action. Moreover, employees working in...
Employers are required to use Form 300 Log of Work-Related Injuries and Illnesses to categorize injuries and illnesses as well as the extent and seriousness of every case. Employers must record cases that contribute to death, restricted work activity, loss of consciousness, medical treatment, and days from work. Finally, employers must ensure that the workplace is free from any materials or hazards that pose the risk of workers' injuries or deaths.
Conclusion:
The safety, welfare, and health of employees during their respective involvements in the workplace are critical concerns of the labor movement and the government. These vital aspects are enhanced through several legislations that govern the employer-employee relation.
References:
"1970 Occupational Safety and Health Act (OSHA) Passed." (n.d.). Massachusetts AFL-CIO
The Voice of Working Families. Retrieved May 28, 2012, from http://www.massaflcio.org/1970-occupational-safety-and-health-act-%28osha%29-passed "Family & Medical Leave Act of 1993 - FMLA." (n.d.). OSHA Safety Regulations & Labor Law
Guide. Retrieved May 28, 2012, from http://www.osrllg.com/additional_fmla.php
"Safety and Health Standards: Occupational Safety and Health." (2009, September). Elaws
Employment Law Guide. Retrieved from United States Department of Labor website: http://www.dol.gov/compliance/guide/osha.htm
" (U.S. Department of Health and Human Services, nd) Key provisions of the standards include protection in the areas of: (1) access to medical records; (2) notice of privacy practices; (3) limits on uses of personal medical information; (4) prohibition on marketing; (5) strong state laws; (6) confidential communications; and (7) complaints. (U.S. Department of Health and Human Services, nd) III. EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) The Employee Retirement Income Security
Similarly, employers may take advantage of this lack and not inform workers of their right to knowledge of the company's policies and procedures regarding safety features. It is also possible that individuals, particularly those working on a temporary contract basis, are afraid to be replaced when they raise health and safety concerns. Therefore these individuals prefer to take the risk for the sake of the income generated. In the beach environment
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