The Interview with the Hotel Manager Birchwood Lodge

Published: 2021-07-07 00:16:12
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Category: Human Resource Man

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For the purpose of this assignment, the manager of the hotel called Birchwood Lodge was interviewed. The interviewee’s name is Roman Collak who is originally from Slovakia, Europe. Roman runs the Birchwood Lodge hotel and is basically in-charge of everything that is going in the company such as managing his crew including accountant, supervisor, front desk, maintenance workers, down to housekeepers. Also, Roman is responsible for hiring or firing employees. Additionally, Roman is in-charge of how much is the budget of the company going to spend for the renovations or raise for the wages of the workers in a year. On the top of that, Roman makes schedules for his front desk. While fulfilling all of these responsibilities, Roman asked the following legal question: What are some of the work health and safety regulations that might apply to the scenario of Roman as he only mentioned “to provide their needs during their recuperating time such as surgeries, clinic consultations and other medicals need to be paid for” in his interview?Roman hires students from different countries in Europe every summer. Therefore, his scenario includes overseas workers. For the American employers, occupational safety and health remains a key. As per an estimate, approximately six million workers suffer no-fatal injuries whereas around five-thousand employees are killed in work-related accidents each year at an annual cost of approximately more than one-hundred million American dollars for these injuries and death (US Bureau of Labor Statistics; US Occupational Safety and Health Administration, 2002). The employer’s emphasis and focus on the Duty of Care have been increased in the past several years. Many publications have stressed both legal liabilities and ethical duties of the employers associated with the failure to keep their workers and employees safe (The National Law Review; Claus, 2009; Davis & Lee, in-press; Occupational Safety and Health Administration, 2015a).Regulatory BackgroundThe U.S. Congress created the Occupational Safety and Health Administration in 1970. The Agency was mandated towards promulgating and enforcing standards for workplace health and safety. The U.S. Congress also the National Institute for Occupational Safety and Health at the same time. The Institute was aimed at the purpose of providing advice to the Agency, workers and employers about current knowledge and research from the field. At the same time, the Occupational Safety and Health Review Commission was also established with the purpose of providing appellate review of the Agency’s enforcement actions.Duties of Employers Under Occupational Safety and Health AdministrationWith a jurisdiction in more than twenty-five states, the Administration covers all employees with an exception of certain small business entities and some municipal and state employees. Moreover, employees of foreign-based employers i.e., in this case, Roman who is originally from Slovakia, Europe, is bound by the standards and regulation of the Occupational Safety and Health Administration. However, Section 4 of the Occupational Safety and Health Act specifies that authority of the Administration is limited to the employment activities performed within the boundaries of the country under the Constitution and not overseas (US Occupational Safety and Health Administration, 2015b).Other than this limitation, the gThe legal support in this regard is given from the federal district courts (Taxindiaonline Judgments & Rulings, 2006; Lusardi Construction Co. v. California Occupational Safety & Health, 1991). The former case has been added for the purpose of explaining the scope of the responsibility of a person in authority in a real-life situation where an assessee had the responsibility to ensure that the aircrafts are smoothly operating, workplace safety whereas the latter case talks about health and safety requirements at a workplace. It has been added in the content of the assignment. This case also sheds light on the consequences of serious violations of the health and safety regulations of country. It is worth mentioning here that despite the fact Roman is from Europe, the European laws concerning occupational health and safety regulations are not applied within the jurisdiction of the United States (Council of the European Union, 2017).The General Duty Clause of Occupational Safety and Health AdministrationThe employers must comply with the specific standards as promulgated by the Administration (Code of Federal Regulations). Under Section 5(a), they must keep their employees safe even in the absence of any particular identified workplace risk. However, no specific standards yet exist for addressing the emerging workplace hazards. Technical Advisory Bulletins and other guiding documents are continuously published by the Agency in this regard. For instance, a Technical Advisory Bulletins was published in 2012 by the Administration recognizing that specific risks including the risks of getting certain infections are imposed to traveling employees by international assignments (US Occupational Safety and Health Administration, 2012). The document also made several recommendations in this regard for the employers such as arranging travel medical consultations for their employees.Occupational Safety and Health Administration-Mandated Written PlansIn an attempt to keep the employees safe, the employers must prepare and implement written plans. For example, the written standards of the Agency concerning selection and deployment of personal protective equipment, control of blood‐borne pathogens, and respirator use must be followed by the employers in a work setting. Another example of a written standard is that Hazard Communication Standard which allows the companies to exchange goods and materials globally (Globally Harmonized System for Hazard Communication).Record KeepingAny U.S. employer who has ten or more than ten employees must record information regarding work-related injuries and illnesses for which medical assistance beyond first-aid is required. The official records in this regard are the OSHA 300 Log which are to be maintained for five years.Workers TrainingThe vertical standards of the Occupational Safety and Health Administration require employers to train their employees to identify and control hazards at the workplace. Such training must be effective and documented (US Occupational Safety and Health Administration, 2015c). However, lack of training cannot be cited about hazards occurring during international flights. The employers must stay wise in this regard to keep information with regard to off-shore trips of their workers complete, consistent and documented.Occupational Risks and the Families of the Travelling WorkersIf the workers work in a hazardous workplace, there are chances that they will bring some of the hazardous substance with them in their homes through clothing etc. Eamples include infectious diseases, non-volatile hazardous materials, asbestos, and lead. Such a situation cannot be welcomed. Therefore, the employers are required by law to make sure that the employees have enough resources to decontaminate themselves before going homes.Workers’ CompensationSince the early nineteenth century, workers’ salaries, compensation and insurance coverages exist (Guyton, 1999). Although such programs vary from state to state but they primarily contain information regarding payment of medical bills and disability. For specific groups, there are alternate mandated coverage which include railroad employees, longshore and seafarers, coal miners, department of energy employees, and federal employees. Moreover, the compensation and insurance of the employees are covered but that of the independent contractors and volunteers are not covered. Similarly, coverage can also be mandated for those who are employed in the U.S. but who travel back and forth to their homelands. However, only a few states cover these travelling expenses (National Council on Compensation Insurance, 2013).Emerging International TrendsIn the United States, assuring workplace safety is not easy because the country does not have a legal system in this regard. Hiring employees from over the seas has become a norm more than a practice now. The Health and Safety at Work Act of 1974 in the United Kingdom requires employers to assure health and safety rules and standards for their employees (Health and Safety at Work Act, 1974). Similarly, the compensation laws of the workers are expressly extra-territorial in Australia (Krohm et al., 2011). Likewise, in the European Union, the employers assure that occupational safety and health protections are available to the travelling employees (EU Directive, 1989).Operational ChallengesEven the General Duty of Care is complex to be faced by the employees especially in the remote areas due to lack of transportation, public health, medical or other infrastructure resources. These regulations can be difficult to follow for them. Also, they are sometimes nearly cost‐prohibitive resources. Additional challenges are presented by the environmental and cultural factors. The medical care and emergency response for both local employees and expatriates must be managed. Although the level of care can vary. The quality management tools are indispensable to address these challenges and thus, keeping their employees safe globally.ConclusionRoman’s scenario includes overseas workers because he hires students from different countries in Europe every summer. Roman is bound by the standards and regulation of the Occupational Safety and Health Administration. The Administration enjoys broad power to promulgate new standards, levy fines, orders of abatement, issue notices of violation, conduct workplace inspection and enjoin or restrain employees from continuing hazardous workplace operations. The duties of an employer under the Agency include general duties, written plans including emergency plans, record keeping, workers training, families of the travelling workers, and workers’ compensations. The standards also cover the emerging market trends.

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