Guidelines OSHA publishes safety and health program management guidelines to assist employers in identifying and correcting workplace hazards. State and local employment safety programs may have similar or additional requirements, such as: ● Specific working conditions. ● Specialized equipment. ● Specialized training. ● Safety equipment. ● Reporting accidents. ● Posting of warnings related to products and work site conditions. Exemptions When congress passed the Occupational Safety and Health Act of 1970 and created OSHA, a few groups were given an exemption from OSHA coverage. Among employers who are exempt from OSHA are: ● The federal government. ● The state, city, and county governments. ● Certain employee groups covered by other federal agencies, such as workers in a mine are covered by the Mine Safety and Health Administration (MSHA), and not by OSHA. There are also other work situations where other regulations could Other human resources related laws In this section, we outline the laws that are related to human resources, specifically the Americans with Disability Act and federal health insurance. Americans with Disabilities Act We previously discussed the Americans with Disabilities Act (ADA) and its applicability to housing, public accommodations, parking, and playgrounds. The ADA makes it unlawful for employers to discriminate against a qualified individual with a disability. The ADA is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), the Department of Labor (DOL), and state and local civil rights enforcement agencies that work with the EEOC. Job discrimination against persons with disabilities is illegal if practiced by: ● Employment agencies. ● Labor organizations. ● Labor-management committees. ● Private employers. ● State and local governments. Covered practices The ADA makes it unlawful to discriminate in all employment practices, such as: ● Benefits.
take precedence over OSHA, like with workers on a ship at sea, flight crews up in an airplane, and truck drivers rolling down the highway. ● Sole proprietors with no employees – there could be an exception to this exemption, however, if the sole proprietor hired temporary workers (like from a temp service) and directed their day-to-day activities. ● Volunteers – if someone is working voluntarily for a company and receives no pay or compensation, they would not be considered an employee. There is a general misconception that small employers are exempt from OSHA jurisdiction. While OSHA usually will not conduct an OSHA inspection at a company with fewer than 10 employees, that company is not exempt from OSHA coverage. The small employer must still comply with all OSHA rules and regulations that apply to their workplace, and the company is also subject to receiving an OSHA inspection in certain situations, such as when an employee complaint is filed, or a work-related fatality occurs. In certain cases, the small business may be exempt from implementing specific OSHA standards, like those requiring an OSHA injury/illness log or developing a written emergency action plan, but they must still comply with all other applicable standards. Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired based on such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use, or from making employment decisions based on verifiable results. A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore, it is not a prohibited pre-employment medical examination, and the association does not have to show that the administration of the test is job related and consistent with business necessity. Covered individuals To be protected under the ADA, an individual must have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity, such as hearing, seeing, speaking, walking, breathing, and performing manual tasks, caring for oneself, learning, and working. The ADA also protects an individual who has a history of a disability, or if an employer believes that they have a disability. Essential functions ADA provides additional information related to ADA requirements, and includes discussion of essential functions, determining essential functions, reasonable accommodations, and undue hardships on employers. Permitted questions When an individual is applying for a job, an employer cannot ask them about the nature or severity of their disability. An employer can ask if they can perform the duties of the job with or without reasonable accommodation. An employer can also ask them to describe or to demonstrate how, with or without reasonable accommodation, they will be able to perform their duties. An employer cannot require them to take a medical exam before offering a job. An employer can condition the offer on passing a required medical exam if all entering employees for that job category must take the exam. An employer cannot reject them because of information about the disability revealed by the medical exam unless the reasons for rejection are job-related and adversely affect the operation of the employer’s business. The employer cannot refuse to hire them because of the disability if they can perform the essential functions of the job with an accommodation. Federal healthcare requirements Federal laws and regulations impose health insurance and/or health coverage on those who do not have it available through their employers, who are self-employed, or unemployed. Some
● Firing. ● Hiring. ● Job assignments.
● Lay-off. ● Leave. ● Other employment related activities. ● Pay. ● Promotion. ● Recruitment. ● Training.
The ADA prohibits an employer from retaliating against an applicant or employee for asserting their rights under the ADA. The Act also makes it unlawful to discriminate against an applicant or employee, whether disabled or not, because of the individual’s family, business, social or other relationship or association with an individual with a disability. The ADA does not interfere with an association’s right to hire the best- qualified applicant, nor does it impose any affirmative action obligations. The ADA simply prohibits an entity from discriminating against a qualified applicant or employee because of their disability.
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