Employee Safety, Health, and Welfare

Employee Safety, Health, And Welfare Law:

The safety, health, and welfare of employees across organizations and businesses in the United States is governed by several laws. The application of these legislations has several implications on both employees and their employers as they govern their protections and responsibilities respectively. Some major examples of these laws include the Family and Medical Leave Act of 1993 and the Occupational Safety and Health Act of 1970. The Family and Medical Leave Act of 1993 basically focus on the control of the wages and working hours of employees. On the other hand, the Occupational Safety and Health Act of 1970 was enacted to ensure that employers provide workers with hazard-free environments in order to promote their safety and health.

Application and Implication of FMLA of 1993:

This legislation provides a way for workers to balance the responsibilities of work and family through taking unpaid leave for specific reasons. The main aim of the law is to promote the economic security and stability of families and the interest of the nation in protecting the integrity of families. The Family and Medical Leave Act is applicable to any worker in the private sector involved in commerce or industry activities with impacts on commerce as well as those with 50 or more employees who work on a daily basis. Moreover, the legislation covers every public agency i.e. local and state governments and the local education agencies. Notably, these employers don't have to meet the established 50 workers threshold for the law to be applicable to them ("Family & Medical Leave Act of 1993," n.d.).

The legislation not only has certain responsibilities for the employers but it also provides some basic protections to employees. For employees, this regulation entitles them to a maximum of 12 weeks of unpaid and job-protected leave within a 12-month period. The workers are entitled to such leave for several reasons like during birth and care of the employee's child, care of an immediate family member with serious medical condition, and the care of the worker's own serious medical condition. The employees may take the leave in blocks of time that are less than the total 12-week period on an intermittent or less leave periods when its medically necessary. Apart from pregnancy-related leave, the employee's leave for the other reasons is subject to approval by the employer.

Based on the regulation, employers have certain responsibilities in the provision of employee's leave. First, employers are required to provide approval for an employee taking intermittent leave for foster care, placement, or adoption of a child and those taken for child birth and care. Secondly, the employer can request for medical certification of the serious medical condition of the employee from his/her health care provider and ask for periodic reports during the leave period of the worker's status and intention to return to work. In some cases, employers can ask for fitness for duty certification upon the return of the employee to work. 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 the private sector who exercise their rights under this legislation are protected against reprisal by their employers ("Safety and Health Standards," 2009).

In contrast, employers have certain responsibilities in preventing the workplace injuries and deaths of employees. 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.