HR Regulations
Regulation: OSHA Safety Regulations
Case Example: The janitor working at the organization tested positive for tuberculosis after complaining of chest pains and a persistent cough.
Intervention Recommendation: The organization will carry out a TB test on all personnel and nursing staff to ensure that none has contracted the same and is at risk of spreading it to the patients and other staff members (OSHA, 2018).
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Regulation: NRLB Regulations
Case Example: An employee distributes fliers for a concert during working hours. The concert is to raise funds for awareness of bone marrow cancer. The employee’s child is currently in stage 3 cancer of the bone marrow. Some employees have complained about what has now become a form of pestering.
Intervention Recommendation: While the employee is going through an emotionally and psychologically despairing time, the organization’s policies stipulate that soliciting funds is prohibited during working hours (Theodore, 2012). The employee can, however, due to the uniqueness of the situation, be allowed to put up a poster on the break-room notice board. Persons who would like to support the concert will be free to choose.
Regulation: ADA Regulations
Case Example: An employee cannot access the washrooms and has to use nearby restaurant washrooms that are disability-friendly.
Intervention Recommendation: The organization will need to do some minor renovations in the washrooms to allow the employee the convenience of use (Magloff, 2019). In addition, seeing that it is a fair employer, the organization will do other relevant renovations for future employees. These renovations will include building wheelchair ramps, workstations that can be used by persons with disabilities, and break rooms and recreational tools that persons with disabilities can efficiently utilize.
Regulation: EPA Requirements
Case Example: Efficient energy use is a significant concern in the organization. Employees often leave their computers running all night until they report in the morning for work. The office lights are also left on all night. Additionally, some employees habitually leave the break room microwave on after heating their packed lunch.
Intervention Recommendation: The management will need to undertake a two-day training session on energy conservation (EPA, 2019). Employees will be sensitized to the need to use energy wisely. The HR trainers will ensure that the energy costs incurred from unnecessary energy use are relayed to the employees. Departments will be encouraged to conserve energy. A portion of the cost savings from successful energy-saving practices will be shared with the employees as end-of-year bonuses.
Regulation: FLSA Requirements
Case Example: Several employees have commented on receiving alerts in their social media profiles from an attorney. The soliciting attorney wants the employees to be part of a class action suit against the organization on the hour and wage-related compensations.
Intervention Recommendation: Registered nurses are considered non-exempt, the significant hourly rate notwithstanding. Patient care is unpredictable, and nurses often find their breaks interrupted or they work beyond the scheduled shift. The organization will invoke the ethics rule because the unsolicited advertisement involves false claims never previously raised (Bailey, 2016).
Regulation: Norris-LaGuardia Act Requirements
Case Example: Employees organization are readying themselves to enjoin their unionized members in a strike to complain about the working conditions in some of the hospitals in the city.
Intervention Recommendation: The organization must clarify that participation in the strike would disrupt patient service. This would be incredibly impactful to the organization, seeing that it is not among those the unionized employees are companioning about. While the organization may not want to be sued for preventing its employees’ freedom of expression, the best the organization can do is to seek a Temporary Restraining Order from the courts in the hopes that the more significant situation will be resolved (Industrial Workers of the World, 2019).
Regulation: Employment-at-Will Doctrine
Case Example: A nurse from the physiotherapy unit is floated to the ER following a shortage resulting from an accident on the highway. Because the nurse is unaccustomed to the environment, and due to the rushed nature of the patient-saving exercise, the nurse in charge requests the floating nurse to administer a blood thinner to a patient. The floating nurse gets the dosage instructions wrong, which causes increased internal bleeding, and the patient goes into a coma. The nurse faces a summary dismissal from her job as she has an employment-at-will contract (Kjervik & Brous, 2010).
Intervention Recommendation: Nurse staff shortages are a universal problem (Marc et al., 2019). The error made by the nurse goes far beyond a single incident. Rather than dismissing the nurse from her duties, the organization will look into having additional staff that can be called in during such emergencies. This stand-by team will comprise retired nurses and trained volunteers.
Regulation: Balancing Employee Rights and Employer Needs
Case Example: Nurses often have to deal with troublesome patients who are uncooperative and verbally abusive (Overton & Lowry, 2013). They have a right to be respected, as does their work, but it’s never easy predicting what or how a patient will react to a particular staff. Nurses need to feel valued.
Intervention Recommendation: The organization will have large, clear posters indicating that abusive language or actions against any nurse or hospital staff will not be tolerated. The security guards will also be sensitized on the protocol for dealing with troublesome patients.
Similar Post: Exemption of Quality Improvement Initiatives
References
Bailey, A. (2016). With So Many FLSA Lawsuits, Here’s What You Should Do https://www.tlnt.com/with-so-many-flsa-lawsuits-heres-what-you-should-do/
EPA (2019). Climate change: What you can do at the office. https://archive.epa.gov/epa/climatechange/what-you-can-do-office.html
Industrial Workers of the World, (2019). The Basic Labor Laws (United States of America). https://www.iww.org/organize/laborlaw/Lynd/Lynd3.shtml
Kjervik, M. D. K., & Brous, M. E. A. (2010). Law And Ethics In Advanced Practice Nursing. Springer Publishing Company.
Magloff, L (2019). ADA Accessibility Guidelines for Restrooms. https://smallbusiness.chron.com/ada-accessibility-guidelines-restrooms-10023.html
Marć, M., Bartosiewicz, A., Burzyńska, J., Chmiel, Z., & Januszewicz, P. (2019). A Nursing Shortage–A Prospect Of Global And Local Policies. International Nursing Review, 66(1), 9-16.
OSHA (2018). Tuberculosis. https://www.osha.gov/SLTC/tuberculosis/
Overton, A. R., & Lowry, A. C. (2013). Conflict Management: Difficult Conversations With Difficult People. Clinics In Colon And Rectal Surgery, 26(04), 259-264.
Theodore, M (2012). Directing Employees To Hand Out Leaflets A Violation, NLRB Rules. https://www.laborrelationsupdate.com/nlra/section-7/directing-employees-to-hand-out-leaflets-a-violation-nlrb-rules/
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Question 
HR Legal Responsibilities
Assignment
Write a summary of HR legal responsibilities for each regulation listed, and give one case example for each regulation; then describe how your organization would address the issue in an intervention recommendation.
HR Regulations
Please review the following topic as an example for the rest of this project, then complete your summary review for each of the remaining regulations.
Example:
Regulation: OSHA Safety Regulations
Case Example: Your environment services (ES) staff have stopped using yellow warning signs when mopping floors and one of your nursing staff slipped in the water and injured his back.
Intervention Recommendation: Talk to the ES manager to find out why they no longer were using the yellow warning signs and determine what it will take to get this safety feature to be used again–an OSHA requirement.
Regulation Topics:
- NLRB Requirements
- ADA Regulations
- EPA Requirements
- FLSA Requirements
- Norris-LaGuardia Act Requirements
- Employment at Will Doctrine
- Balancing Employee Rights and Employer Needs
Reading:
Pozgar, G. D. (2019). Legal aspects of health care administration (13th ed.).
- Chapter 19: Labor Relations
- Chapter 20: Employment at Will, Rights, and Responsibilities
- Chapter 21: Professional Liability Insurance
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