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"Safety, Human Resources,
Compliance"
ARGUS SAFETY
BEAT |
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"an ARGUS International Security and
Safety Services Publication"
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"Expertise in
Action"
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According to the U.S. Bureau of Labor
Statistics, workplace construction fatalities on the
rise in Florida
(2003) - 93 occupational
fatalities
(2004) -115
occupational fatalities
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Violence in the
Workplace ABC
News story on Domestic Violence in the workplace
recognizes level of incidents at epidemic
proportions.
As an employer, you may be liable for
not implementing a domestic violence response program at
your workplace
Consult an ARGUS representative to
see if you're protected from this rising
threat.
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Is your
employment application a liability?: The EEOC says
"yes"
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Most of us take for granted the typical and
generic application forms we provide to
prospective employees; but did you know that the
EEOC prohibits certain questions on these forms.
As example, did you
know that you may not ask the
following:
- "Date" and
"type" of military discharge!
- Whether someone
has ever been arrested! - However, you may
ask if someone has ever been "Convicted" of a
crime as long as you post a disclaimer which
states that a "conviction" will not bar an
applicant from employment.
- Whether or not
the applicant has ever filed a workers' comp
claim or received unemployment
benefits!
The EEOC wants you to
know the
facts!
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IN THIS ISSUE:
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Trainers' corner:
Photographing an accident scene |
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Corporation to pay over $3
million to resolve sex discrimination
suit |
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ADA provision protects those
who associate with disabled |
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Photographing an accident
scene
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While taking photos of an accident
scene may seem like a simple enough task,
there are really many things to consider.
Remember, the ultimate goals of the photo
is to serve as an aid to preventing future
accidents (and of course to serve documentation
purposes). Oregon OSHA provides the
following tips to consider when taking photos of
an accident scene:
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Make
sure you start with distance shots, and move in
closer as you take the photos. Also make notes
about the photos you took.
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Take photos at
different angles (from above, 360 deg. of scene,
left, right, rear) to show the relationship of
objects and minute and/or transient details such
as ends of broken rope, defective tools, drugs,
wet areas, containers.
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Take panoramic
photos to help present the entire scene, top to
bottom-side to side.
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Take notes on each
photo. These will be included in the appendix of
the report along with the photos. Identify
the type of photo, date, time, location,
subject, weather conditions, measurements,
etc.
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Place an item of
known dimensions in the photo if hard-to-measure
subjects are being
photographed.
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Identify the person
taking the photo. You may indicate the
locations photos were taken on
sketches.
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Finally, consider
using a standard print camera instead of a
digital camera, as questions can arise about the
authenticity of digital photos (they can be
easily "touched up".)
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Corporation to pay $3 million in sex
discrimination suit
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A federal judge
has ordered a manufacturer to pay over $3 million to
resolve a sex discrimination suit brought by the Equal
Employment Opportunity Commission (EEOC) against the
corporation's Iowa meat packing plant.
Chief Judge Ronald E.
Longstaff of U.S. District Court for the Southern
District of Iowa entered a judgement providing that 52
women who were rejected for entry-level production jobs
because they had failed a strength test will be offered
jobs at the company and will share approximately
$3,390,000.
The EEOC's lawsuit cliamed
that the company's use of a strength test, which
required the repeated lifting of 35 pounds to a height of
65 inches, discriminated against women, since only
approximately 40 percent of female applicants passed the
test, while virtually all male applicants passed the
test. Although women had successfully performed
the jobs in the sausage making department before the
test was implemented in January 2000, the company
claimed that the test was necessary in order to reduce
injuries.
The case was tried before a
jury in August 2004, and the jury determined that the
company's use of the test after April 2001 was
intentionally discriminatory against women. On
February 3, 2005, Judge Longstaff ruled that the test
was also illegal under Title VII of the Civil Rights Act
of 1964 because it had a disparate impact against female
applicants and was not justified by the company's
business necessity.
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ADA provision protects associates
of disabled
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The U.S. Equal
Employment Opportunity Commmission (EEOC) issued questions and answers about a little known but significant provision of
the American with Disabilities Act (ADA) that protects applicants and employees from discrimination based on their association
with people with disabilities.
The "association" provision
of the ADA prohibits and employer from discriminating
against an applicant or employee who has a known
association with an individual with a disability.
This prohibition covers hiring, firing, and other terms,
conditions, and privileges of employment. For
example, an employer may not refuse to hire someone
because of an unfounded fear that the individual will be
excessively absent or unproductive because of the need
to care for a child with a disability.
The following actions would
also be discriminatory:
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Firing or refusing to
hire someone based on concerns that the individual
will acquire a condition from a family member or other
individual with whom he/she has a
relationship;
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Refusing to
provide health insurancee for an employee's
family member with a disability when the employer
generally provides health insurance for employee
dependents;
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Harassing someone based
on the individual's association with a person with a
disability;
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Providing lesser benefits
to someone who has a relationship or association with
an individual with a disability than it provides to
all other employees; and
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Firing, refusing to hire,
or denying any benefit or privilege of employment to
someone because of concern that the employer's image
will be negatively affected by an applicant's or
employee's association with individuals with
disabilities - for example, discriminating against an
employee who provides volunteer services for people
with HIV/AIDS or psychiatric disabilities is
prohibited.
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OSHA, EEOC, Workplace
Violence, ADA, Site Inspections, Plan Audits, Insurance
Mitigation, Risk-Management, Site-Security, Fraud Prevention, Workers' Compensation Consulting.
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| WWW.GOARGUS.COM |
ARGUS International Security
and Safety Services
850 NW Federal Highway
Suite 407
Stuart,
Florida 34994
Phone: 772-419-8190
Fax:
772-673-3310
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