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1. Human Resources & OSHA
Presentation
Presented by Kai Williams
January 29, 2013

2. Seminar Summary:
Human Resources for Anyone with Newly Assigned HR
Responsibilities
Human Resources serve
many functions such as
Risk Management

3. Essentials of Sound Risk
Management
 Tracking System
 Employee Handbook
 Job Descriptions
 Performance Evaluations
 Training

4. Employee Manual Must
Haves
 Should include broad goal statement
- who you are
- what you do
- how you do it
 Mostly right
- know difference between policy and
procedure
- remove “unlivable” policies

5. Employee Manual Must
Haves
 Should be updated regularly
- improvements to manual
 Non-employee version
*Note- employees should sign this
manual for every year they are
employed*

6. Equal Employment Opportunity
(EEO)
Laws to know
•Title VII of the Civil Rights Act of 1964 (Title VII)
•Lily Ledbetter Fair Pay Act of 2009
•Title I of the Americans with Disabilities Act of 1990
(ADA)
•Section 501 and 505 of the Rehabilitation Act of 1973
•Civil Rights Act of 1991
•Pregnancy Discrimination Act of 1978
•Genetic Information Nondiscrimination Act of 2008
(GINA)

7. What Not To Do
• Refuse to hire person because being a
member of protected class
• Fire person because of being a member of
protected class
• Fail to provide training because of member
of protected class
• Retaliate because person filed charges
• Print or publish ad with adverse affect on
protected class
• Fail to post notice of law in an obvious
place or keep posted

8. Forms of Discrimination
 Disparate Treatment
- Different treatment due to
membership of protected class (intent)
 Disparate Impact
- Seemingly neutral policy or
procedure has an unequal effect on
members of protected class
(unintentional)

9. Bona Fide Occupational
Qualifications (BFOQ)
 Job Discriptions
-standard
-accurate
- ADA and EEOC compliant
- minimum requirement by law
- if government issued requirement,
then it is a job requirement

10. Protected Class Under Title
VII
 Race and Color
 Sex and
Pregnancy
 Religion and
Religious Practices
 Age
 Disability
 Sexual Orientation
 Gender Identity
 Lifestyle
This that supersede EEOC:
•Safety
•Public Interest
•Essescence of the job

11. Job Hiring Practices
*Remember- Everything written down gets
counted*
Good Interview Procedure
•Did everyone was asked the same
questions?
•What questions were asked?
•Were questions relevant?

12. Job Hiring Practices
 Interview guides
 Rating system
- best to rate questions rather than
writing them down
 Questions should come from job
description and policy manual

13. Coaching, Counseling, and
Disciplining Employees
 Provide employees with employee
handbook
 Explain general conduct requirements
 Orient employees in specific conduct
requirements of their position
 Counsel subordinate employees in a
timely manner

14. Coaching, Counseling, and
Disciplining Employees
 Offer to assist the employee in
improving his/her conduct
 Advise the employee of the EAP
 Document, Document, Document

15. Record Keeping
Keep information
separate (locked)
If on computer keep
separate from
personnel files

16. Record Keeping
EEOC exceptions to confidentiality requirements
 Supervisors and managers may be informed
regarding necessary restrictions on work or
duties
 First aid and safety personnel may be informed
 Government official investigating compliance
with ADA and other federal and state laws
prohibiting discrimination
 State workers’ compensation
 Insurance companies

17. For further information
www.eeoc.gov
www.dol.gov
www.ada.gov
Other sites
www.hrhero.com
www.shrm.org

18. Occupational Health and Safety
Act
 What is OSHA?
 Williams-Steiger Occupational Safety
and Health Act of 1970
- Encourages employers and
employees to reduce workplace
hazards
-Provide research to develop ways
with dealing with occupational safety
problems
-Maintain a reporting and

19. What is OSHA (continued)
- Establish training programs
- Develop mandatory job safety and
health standard and enforce them
effectively
- Provide for the development,
analysis, evaluation, and approval of
state occupational safety and health
programs

20. Who is covered
Employers of all 50 states
 Who is employer
- “person engaged in a business
affecting commerce who has
employees but does not include the
United States or political subdivision of
a State”
- All employees in any field within the
United States, its territories under
federal control

21. Where the OSHA Standards
Are
 Federal Register
OSAHA Website
www.ohsa.gov
 Code of Federal Regulations
29 CFR 1910.178(a)(2)(ii)(A)

22. What is an Employee
 Anyone who works on behalf of the
employer, whether paid or not
*Student Assistants are protected under
OSHA*

23. General Duty Clause
 Proactive measures
- Hazard assessment
-Written Plans
- Effective Training
*Effective Jan. 13, 2013 all employees
must have 4 hours of safety training*

24. Training
 Four elements of training documentation
1. Dates of training
2. Name of worker
3. Subject matter
4. Name of trainer
 Ask each employee about specific
standard to enable them to meet
compliance
 Archive safety documents and keep
them for 3 years

25. Hazard Assessment
 Inspection Requirements (general
example)
- Portable and fix dry chemical
extinguishers
- Must be physically checked
- Must be signed, no initials

26. Hazard Assessment
 Walk-through survey

27. Hazard Assessment
 Walk-through Survey will be looking
for these key hazard categories:
a. Impact
b. Penetration
c. Compression (roll-over)
d. Chemical
e. Heat
f. Harmful dust
g. Light (optical) radiation

28. OSHA Top 10
 Sources of motion
 Sources of high
temperature
 Sharp objects
 Rolling objects
 Harmful dust
 Falling objects
 The layout of the
workplace
 Chemical exposure
 Electrical hazards
 Slippery surfaces

29. Hazard Prevention and
Control
 Good Housekeeping
 Use of appropriate personal hygiene
 Periodic inspection and maintenance
of process and control equipment
 Use of proper procedures to perform
task
 Provision of supervision to ensure the
proper procedures are followed
 Use of administrative controls

30. Hazard Communication
 Employee Right to Know
1. Hazard communication program
2. Keep inventory of chemicals
3. Collect Material Safety Data Sheet
(MSDS)
4. Explain labels
5. Provide training
*Note- Must have MSDS, have both
electronic and hard copy, and must keep
for 30 years*

31. MSDS to SDS (Safety Date
Sheet)
 Administrative/Office
1. White Out
2. Copier Toner Cartridge
3. Hand Sanitizer (non-alcohol based)
4. Cleaning Products

32. Bloodborne Pathogens
 Steps for prevention
- Must have box for sharp objects
- Hand washing policy
 www.cdc.org

33. Recordkeeping
Form 300: Log of
Work-Related Injuries
and Illness

34. Recordkeeping
OSHA 300A: Summary
of Work-Related
Injuries and Illness
(required)

35. Recordkeeping
OSHA 301: Injury
and Illness Incident
Report

36. Recordkeeping
When keeping records they are:
 Maintained on a calendar year basis
 Retained for five years
 May be kept electronically 7 days of a
recordable injury or illness
 Must be kept for each establishment
 Entries must be made within