Transcript PowerPoint to accompany Law & Ethics For Medical Careers

PowerPoint to accompany
Law & Ethics For Medical Careers
Fourth Edition
Judson · Harrison · Hicks
Chapter 9—Workplace Legalities
Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display
9-1
Workplace Legalities

Objectives
Recall at least three federal laws that
protect employees from discrimination in the
workplace
 Identify sexual harassment as a form of
sexual discrimination
 Discuss major federal employment laws
 Discuss the role of health care practitioners
in following OSHA standards in the medical
office

9-2
Workplace Legalities

Objectives continued
Comply with the Centers for Disease
Control (CDC’s) guidelines for universal
precautions
 Define the role of the Clinical Laboratory
Improvement Amendments of 1988 (CLIA)
in quality laboratory testing
 State the purpose of workers’ compensation
laws

9-3
Workplace Legalities

Objectives continued
Explains legal concerns during the
employment interview process
 Cite the information employers must record
for each employee, as dictated by federal
and state regulations

9-4
How the Law Affects the Workplace

Employment-at-will has been the
traditional employment principle


The employer or employee could end the
employment at any time
Legal issues affect employment-at-will
Federal and State statues
 Executive Orders
 Case Law
 Union contracts

9-5
Hiring and Firing
Employees cannot generally sue their
employer for being fired, unless the
employer has broken a Federal or State
employment law
 Employers cannot fire an employee for
an illegal reason
 Employers need documentation of just
cause (legal reason) for firing an
employee

9-6
Hiring and Firing

Wrongful discharge


Concept in case law that says employer
risks a lawsuit if there is no just cause to fire
an employee
Evidence in a wrongful discharge suit
may include
-oral promises
-company handbooks
-written contracts
9-7
Discrimination

Federal law prohibits discrimination for
Race, religion, sex, age, or disability
 Union membership
 Political activity
 Preventing collection of retirement benefits
 Reporting company safety violations
 Exercising the right to free speech
 Refusing to take drug or lie detector tests
(some exceptions)

9-8
Employment Discrimination Laws

Wagner Act of 1935


Title VII of the Civil Rights Act of 1964


Union or other organizational activities
Race, color religion, sex, or national origin
Age Discrimination in Employment Act of 1967

Age 40 or over
9-9
Employment Discrimination Laws
continued

Rehabilitation Act of 1973


1976 Pregnancy Discrimination Act


Physical disabilities and mental health
Pregnancy, childbirth, or related medical conditions
Americans With Disabilities Act of 1990

Disabled persons and facility access for disabled
9-10
Wage and Hour Laws

1935 Social Security Act


Funded FICA original and was source for
1965 enactment of Medicare
1938 Fair Labor Standards Act
Overtime pay, minimum wage, and child
labor
 Was not updated until 2004

9-11
Wage and Hour Laws
continued

Equal Pay Act of 1963


Equal pay for men and women doing the
same work
Employment Retirement Income Security
Act of 1974 (ERISA)

Regulates pension funds and employer
benefit programs
9-12
Other Laws Affecting the Workplace

Occupational Safety and Health Act of
1970 (OSHA)


Ensures employee safety and reporting of
safety violations without fear of being fired
Family Leave Act of 1991

Allows employees to take unpaid leave for
maternity, adoption, or family illness
9-13
Employee Safety and Welfare
The Occupational Safety and Health
Administration (OSHA) is a federal
agency that regulates standards for
health and safety that cover almost all
employers
 OSHA publishes their administrative
laws and other standards in the Federal
Register

9-14
OSHA Health Standards
Hazard Communication Standard
 Chemical Hygiene Plan
 Bloodborne Pathogen Standard
 Medical Waste Tracking Act
 Training and Accident Report
Documentation

9-15
Hazard Communication Standard
(HCS)
Developed to improve safety awareness
of all employees
 Requires medical offices to have a
written hazard communication plan
 Requires an MSDS (Material Standard
Data Sheet) for each hazardous
chemical
 Each product must have a hazard label

9-16
Chemical Hygiene Plan

Separate standard that offers further
clarification of exposure to hazardous
chemicals in laboratories that provide
testing beyond what is normally done in
a physician’s office
9-17
Bloodborne Pathogens Standard
Developed to protect healthcare workers
from risks of exposure to bloodborne
pathogens such as HIV and HBV
 Requires a written exposure control plan
that outlines measures taken to limit
employees exposure to blood
 Use Universal Precautions

9-18
Medical Waste Tracking Act

Provides for safe disposal of hazardous
medical wastes
Blood products, body fluids, tissues,
cultures
 Sharps
 Vaccines, inoculating loops
 Other supplies contaminated with blood or
body fluids

9-19
Training and Accident Report
Documentation

Training


Written training program that provides
employees with understanding of hazards in
the workplace and protective measures
Accident Reporting

Employees must be required to report
accidents and employers must keep a log
9-20
Clinical Laboratory Improvement
Amendments of 1988 (CLIA)

Established minimum quality standards
for all laboratories, requiring labs to
Obtain certification
 Pay applicable fees
 Follow regulations governing

-
Testing
Personnel
Inspection
- Test Management
- Quality Control
- Quality Assurance
9-21
Workers’ Compensation
Both Federal and State law(s) designed
to provide compensation to workers who
are injured on the job or develop workrelated illness
 Benefits may include

- medical treatment
- temporary disability
- rehabilitation benefits
- death benefits
- permanent
disability
9-22
Unemployment Insurance
Funded by both the Federal and
individual State governments
 In all but a few states, the total cost is
covered by the employer
 Out-of-work employees may contact the
unemployment office in their state to see
if they qualify for benefits

9-23
Hiring the New Employee

Employers must be certain not to ask
questions that are considered
discriminatory. Examples include
Asking about age, religion, national origin
 Inquiring as to membership in organizations
or political activities
 Questions of a personal nature are often
illegal and almost always inappropriate

9-24
Hiring the New Employee

Surety Bond
If an employee handles financial matters,
employers should obtain a surety bond
 The surety bond is for a specific amount
 In the event an employee steals or
embezzles money, the employer may
recover up to the amount of the surety bond
 A claim must be filed with the insurance
(bond) company

9-25
Employment Paperwork

Employee records should include:
Copy of driver’s license, social security
card, and a completed I-9 form
 Payroll information including number of
exemptions, deductions for state and
federal taxes, and withholding for employer
sponsored benefits such as health
insurance and life insurance

9-26
Ethics Guide Discussion

You are a female RN who has been
working at a local hospital for three
years. A new male RN, just graduating
from nursing school, is hired and you are
asked to be his mentor. You find out
accidentally that he is making $2.00 an
hour more than you. What are you going
to do?
9-27