Managing a Safe and Healthy
Workplace
10
OH 11-1
10-1
 Hospitality Human Resources Management and
Supervision
Learning Objectives
After completing this chapter, you should be able to:
 Explain what managers can do to maintain a
zero-tolerance sexual harassment policy and
explain responsibilities regarding nonsexual
types of harassment in the workplace.
 Review the procedures for ensuring the rights of
employees who are pregnant or disabled, and
younger workers.
OH 10-2
Learning Objectives
continued
After completing this chapter, you should be able to:
 Indicate how the Occupational Safety and
Health Administration (OSHA) impacts
restaurant and foodservice operations, and
explain procedures for establishing and
maintaining OSHA–mandated programs and
participating in OSHA investigations.
 Identify the compliance posters that operations
are required to post.
 Describe the procedures for preventing
workplace violence.
OH 10-3
Learning Objectives
continued
After completing this chapter, you should be able to:
 Describe the procedures for developing
emergency management programs.
 Explain the basic procedures for balancing food
safety, employee rights, and the law.
 Provide an overview of employee assistance
and employee wellness programs.
OH 10-4
The Need for a Safe and Healthy Workplace
 Management has a legal and professional
obligation to provide a safe and healthy
workplace for their employees.
 This includes harassment, physical safety, and
emergency management systems in place and
practiced.
 Harassment is unwelcome conduct based on
race, color, religion, sex (including pregnancy),
national origin, age (40 or older), disability, or
genetic information.
OH 10-5
Ensuring a Fair Workplace
Preventing sexual harassment
 Employers have a legal obligation to protect
employees from sexual harassment.
 Sexual harassment is unwelcome behavior of
a sexual nature that interferes with the
employee’s job performance.
 Quid pro quo—one person asks for or expects
favors of a sexual nature from another person as
a condition of employment or advancement
 Hostile environment—one that is extremely
demeaning or intimidating
OH 10-6
Sexual Harassment
continued
Hostile environment
includes:
 Men harassing women,
 Women harassing men,
 Men harassing men,
 Women harassing women
 Management should
encourage normal friendly
interactions and other
social behaviors that
create a welcoming
workplace environment
OH 10-7
Preventing a Hostile Environment
 Implement a zero tolerance policy.
 Help employees understand what sexual
harassment is, how to avoid it, and how to deal
with it.
 Encourage open communication.
 Set a good example for employees.
 Actively look for signs of harassment.
OH 10-8
Preventing a Hostile Environment
 Provide different routes for employees to file
complaints; i.e., hotline, H.R. rep., supervisor,
etc.
 Conduct sexual harassment training.
 Annually review policy/training with
management/ supervisory staff assuring they
know the steps to take to observe environment,
accept complaints and take appropriate actions
OH 10-9
Preventing a Hostile Environment
 Conduct annual satisfaction survey among your
employees and include questions regarding
harassment.
 Conduct investigations promptly and thoroughly.
 Treat same-sex harassment and men reporting
harassment the same as you would woman reporting
male inappropriate behavior
 Always document results of any complaint or
investigation
 Inform employees that it is their obligation to report
sexual harassment they experience or witness
OH 10-10
Addressing Harassment Claims
 Discuss the complaint with the person who
reported it.
 Try to collect evidence.
 Assure confidentiality for the person reporting
the harassment.
 Inform senior management.
OH 10-11
Addressing Harassment Claims continued
 Find out what employee wants to occur.
 Change the work schedule, if possible, so
affected employees do not work together.
 Discover if there were witnesses;
interview them.
 Interview the accused with a witness present.
OH 10-12
Addressing Harassment Claims continued
Avoiding liability?? 2 conditions
 Reasonable effort was made to prevent and
correct behavior
 Employee unreasonably failed to take
advantage of preventive or corrective
opportunities provided
OH 10-13
Handout
 Please answer each question with:
Red Light – Unacceptable Behavior
Yellow Light – Marginal Behavior
Green Light – Acceptable Behavior
OH 10-14
Other Forms of Harassment
 Federal law also protects employees against
harassment due to race, religion, pregnancy,
age, disability, and sexual orientation.
 Antidiscrimination laws prohibit harassment in
retaliation for filing a discrimination charge,
testifying, or participating in any way in an
investigation, proceeding, or lawsuit under these
laws.
OH 10-15
Other Forms of Harassment
continued
 Offensive conduct includes name calling, physical
assaults or threats, intimidation, ridicule or mockery,
insults or put-downs, and interference with work
performance.
 The victim does not need to be the one harassed;
he or she can be anyone affected by the offensive
conduct.
 The employers can also be held liable for
harassment by a supervisor or non-supervisory
employee over who it has control, i.e. vendors or
customers.
OH 10-16
Handout
 Mini-Cases:
OH 10-17
 1
Jake and Judy
 2
Off The Record
 3
The Morning Fun
 4
The Cake Order
Ensuring Employees’ Rights
 It is managements responsibility to protect the
rights of specific groups:
 Employees who are pregnant
 Employees who are disabled
 Younger employees
OH 10-18
Rights for Younger Workers

The Fair Labor Standards Act (FLSA) restricts tasks
that minors can perform in restaurant and foodservice
operations.

OH 10-19
continued
OSHA etoolbox

Generally, youths aged sixteen and seventeen can
work in front-of-house positions, but are restricted in
back-of-house positions. They cannot operate, feed,
set up, adjust, repair, or clean any equipment
considered hazardous.

Federal law also prohibits minors from most driving
jobs. No employee under 18 is allowed to drive on
public roads unless it is only incidental to the job. See
page 306 of text for additional restrictions.
Occupational Safety and Health
Administration (OSHA)
 OSHA is an agency within the U.S. Department
of Labor that enforces the Occupational Safety
and Health Act (OSH Act).
 The purpose of the OSH Act is to ensure safe
working conditions and prevent workplace
injuries.
 Employee safety is a key priority
OH 10-20
Bloodborne Pathogens Standard
 Restaurant and foodservice employees work in
kitchens with sharp knives and equipment – injuries
can occur which result in blood.
 Numerous diseases can be caused by bloodborne
pathogens. See page 308 of the text book for a list
of these diseases.
 OSHA has developed a process called the
bloodborne pathogens standard. Its requirements
state what employers must do to protect workers
who come into contact with blood or other
potentially infectious materials (OPIM). As a result
of doing their job.
OH 10-21
Bloodborne Pathogens Standard
continued
 This standard is intended primarily for people who
work in healthcare, other organizations must also
comply if they have a designated first-aid provider.
 A designated first-aid provider is an employee
trained and appointed to provide first aid. This
responsibility should be included in their job
description, but not part of their main work.
 If the operation is not required to follow this
standard, doing so can help reduce exposure,
create goodwill, and reduce liability risks.
OH 10-22
Bloodborne Pathogens Standard
continued
Requirements detailed on page 309 of the text
 An exposure control plan
 Vaccinations
 Training
 Personal protective equipment
 When exposed:
 Hepatitis B vaccination
 Medical evaluation
 Recordkeeping
OH 10-23
Hazard Communication Standard
 The Hazard Communication Standard (HCS)
protects employees from physical health
hazards.
 HAZCOM (Right-to-Know) is designed to protect
employees from physical hazards such as explosions
and health hazards such as medical conditions caused
by exposure to chemicals.
 HAZCOM is the most common problem sited by OSHA
for eating and drinking establishments.
OH 10-24
Hazard Communication Standard
continued
Page 310
of text
book.
OH 10-25
Hazard Communication Standard
continued
 To comply, employers must communicate
information about potential hazards to
employees that involves
 Telling them how to avoid potential hazards
 Assuring that hazardous materials are labeled
 Providing Material Safety Data Sheets (MSDS): A
document providing information about the chemical
content of a material, instructions for its safe
handling, and emergency information for treating
someone who has been exposed.
 Manufactures of potentially hazardous materials
must provide MSDSs to their customers
OH 10-26
OH 10-27
Hazard Communication Standard
continued
 OSHA mandates records be kept; steps include:
 Document a list of chemicals that require MSDSs; if
products are shipped with MSDS, they must be
tracked.
 Ensure all MSDS chemicals are properly labeled in
compliance with OSHA regulations.
 Employees should be trained during orientation and
on-going basis (yearly) on how to use all chemicals
used in their jobs. Training must be documents and
signed by trainer and trainee.
 MSDSs should be maintained in the languages
spoken by employees.
OH 10-28
Compliance Posters
 OSHA requires
compliance posters be
posted in accordance
with federal, state and
local laws.
 Penalties for not
posting these posters
or not providing the
correct languages can
be severe.
OH 10-29
Preventing Workplace Violence
 Workplace violence is violence or the threat of
violence against workers. It can occur at or
outside the workplace and can range from
threats and verbal abuse to physical assaults
and homicide.
 Workplace violence is a growing concern for
employers and employees nationwide.
 It can happen anywhere at anytime.
OH 10-30
Preventing Workplace Violence
continued
 Some positions are more at risk than others:
 Employees that exchange money with the public
 Deliver products or services
 Employees that work alone or in small groups during late
night or early morning hours, in high-crime areas, or in
community settings.
 A workplace violence prevention program can be
developed and communicated through employee
handbooks or standard operating procedures
(SOP’s)
 All employees should know the policies and
understand all claims will be investigated and
remedied promptly.
OH 10-31
Preventing Workplace Violence
continued
 Suggested additional protections:
 Provide safety education
 Secure the workplace
 Provide drop safes
 Instruct employees not to enter or leave any location
if they feel unsafe. Institute the ‘buddy system” or
provide escorts or security.
 Learn how to recognize, avoid, or defuse
potentially violent situations.
 Encourage employees report and record all
incidents and threats of workplace violence.
OH 10-32
Emergency Management Programs
 Managers should recognize emergencies can
occur and develop plans to address them.
 Basics of Emergency Management Plans
 OSHA requirements provide a framework for the
components of an emergency plan:
 A written or oral plan needed.
 Minimum procedures for reporting fire or other
emergency, procedures for emergency
evacuation, procedures for employees who
remain to perform critical operations before they
leave
OH 10-33
Emergency Management Programs
continued
 OSHA requirements provide a framework for the
components of an emergency plan:
 Account for all employees and contact information.
 Provide an alarm system that alerts employees to
the emergency, and must use a distinctive signal for
each emergency.
 Employer must designate and train employees to
assist in a safe and orderly evacuation of other
employees and customers.
 Train all employees of procedures, let employees
know their role and keep updated as necessary.
OH 10-34
Emergency Management Programs
continued
 Fires
 Small fires can become large and dangerous very
quickly; be proactive and prepared.
 Strategies to prevent:
 Do not move or carry hot oil or oil on fire
 Do not throw water on a grease fire
 Empty grease traps frequently
 Keep cooking surfaces clean and free of grease
build-up
 Do not use defective electrical cords or equipment
 Extinguish oil or grease fires with a lid or
appropriate extinguisher.
OH 10-35
Emergency Management Programs
continued
 Fires - continued
 Know your fire extinguishers:
http://www.osha.gov/SLTC/etools/evacuation/portable_about.html
OH 10-36
Emergency Management Programs
continued
Bomb Scares
 Ask if you can take a
message and alert
management
 Listen carefully and
take note of
information listed
 Notify local police
immediately
OH 10-37
Emergency Management Programs
continued
 Other Emergencies
 Severe winds/hurricanes/tornadoes: Keep up on
weather conditions, know evacuation plans, after
emergency, check for safety hazards
 Floods: Often occur with little warning, be aware of
safety hazards
 Earthquakes: Cannot be predicted, take action
such as: drop to the ground, take cover, be aware of
safety hazards.
OH 10-38
Guidelines for Responding to Employee
Illness or Disability
 The food code, local health code, and/or ADA
could apply.
 It is legal and appropriate to express concern.
 Managers may be restricted from asking certain
questions in certain situations.
OH 10-39
Page 320 of the
text book
OH 10-40
Balancing Food Safety, Employee Rights and
the Law
 Maintain the confidentiality of employees who
disclose health information.
 HIV, AIDS, Hepatitis B and C, and Tuberculosis
are disabilities under the ADA, and they cannot
be spread through food or casual contact.
 Normal precautions relating to safe food
handling, sanitation, and first aid should be
followed.

OH 10-41
Chapter 12 resources\Responding to Disclosures of an Employee Illness.pdf
Employee Assistance and Wellness Programs
 Both Employee Assistance & Wellness
Programs help provide a safe and healthy
working environment and can be implemented
informally
 Employee Assistance Programs
 Worksite-based programs or resources that can
benefit employers and employees.
 EAPs address productivity issues by helping
employees identify and resolve personal concerns.
OH 10-42
Employee Assistance and Wellness Programs
 Employee Wellness Programs
 The goal of these programs involves improving employee
health and productivity and reducing medical expenses
for the employer and employee.
 Planning Wellness Programs
 Identify employees’ needs and interests
 Consider goals to be obtained by the program
 Determine if you can provide the service or do you need
to contract an agency to provide
 Encourage and incent employees to be involved in the
program
 Evaluate program for effectiveness
OH 10-43
Key Terms
Bloodborne pathogens standard A requirement of
what employers must do to protect workers who can
reasonably be anticipated to come into contact with
blood or other potentially infectious materials (OPIM)
as a result of doing their jobs.
Cardiopulmonary resuscitation (CPR) A technique
that involves breathing into the mouth and pressing
on the chest to help a person who has stopped
breathing, and whose heart may have stopped
beating, to stay alive.
Designated first-aid provider An employee who is
trained and appointed to provide first aid but whose
main work does not already include this responsibility.
OH 10-44
Key Terms
Employee wellness program A program that involves
improving employee health and productivity and
reducing medical expenses for the employer and
employee.
Hazard Communication Standard (HCS) A standard
designed to protect employees from physical hazards
such as explosions and health hazards such as
medical conditions caused by exposure to chemicals,
also known as Right-to-Know or HAZCOM.
Material safety data sheet (MSDS) A document that
provides information about the chemical content of a
material, instructions for its safe use and handling, and
other safety-related matters.
OH 10-45
Key Terms
OH 10-46

Quid pro quo Harassment that occurs when one
person asks for, either expressly or implied, sexual
favors from another person as a condition of that
person’s employment or advancement or to
prevent a tangible employment detriment.

Workplace violence Violence or the threat of
violence against workers.
Next Week
 Article Review
 Harassment Policy
 Final Exam (bring exam sheet and #2 pencil)
OH 10-47
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