Saturday, December 8, 2012

Occupational Health Related Issues

Ever wondered why official meetings always 'stress' on a particular point? Isn't there another word for it or the companies use it explicitly?

The logic is simple. An unhealthy mind produces error-prone work whereas a healthy mind produces productive work with high efficiency. Problems at home, relationships, a flat tire on the way to office are all causes of stress in the workplace. How to tackle them with ease is the key to success of a healthy worker.

In the present scenario, even a Tom, Dick or Harry company would neither prefer having employees who go frequently on sick leave nor compensating for their medical claims. However, any accident happening at the workplace should be taken care of by the management. That is why industries are given significant high-end regulations on safety operations and emergency remedies.

Occupational health and safety management typically manifests the commitment of the company to its workers' safety. The claims however are different with respect to different working environments.

Most industries claim to be protective of its workers but ultimately would have ruled out on regulations for simple issues stating them as 'potentially risk-free' or 'reasonably practicable'. In such cases, claiming compensation would be very tiresome ultimately making the worker even more stressful. Also the minds of workers mostly ponder as to, "why did I choose this job?"Or "I should have stayed in the previous one..." and so on. But what is least realized is the fact that wherever we work or under whomever we are put into, we will face similar work-related issues. The solution to this lies fortunately or unfortunately in the employees' hands.

The Organization on the other hand should begin to 'eye' the problems in a different angle and start devising manageable rules for the benefit of the workers as well as the company. Also, issues that have been disproportionately tackled in the organization should at least take a step forward and start analyzing in terms of risk assessments so that such Occupational health related issues are resolved and not repeated in future.

Occupational health is the most-discussed topic in the corporate world with the increasing number of medical claims and frequent visits to psychiatrists by the employees. Be it a hike in the pay or a period of lay-off, it is always the employees who are affected both physically and mentally. If this is the case in corporate, it is even bad in industries where workers are prone to occupational hazards. A stressful worker working on an acid tank is more susceptible to accident than a worker who is mentally fit. Thus both metal health and physical health play a very influential role in bringing enormous turnover for the company as well as the worker.

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Steel Industry - Before & After the Union

Throughout this essay, I will describe the differences workers experienced in the steel industry "before the union" and "after the union." In addition, I will discuss what I believe were the most important changes workers experienced.

According to Metzgar, "before the union," his father "worked, very irregularly without a union for seven terrible years.... Metzgar's grandfather and his peers were decimated by industrial accidents while others ground down overtime into drunkenness and demoralization" (Metzgar, p. 6)

After the union, Metzgar testified "he saw nothing but improvements - overtime, dramatic improvements - in every aspect of his life. His father retired at the age of fifty-six and lived comfortably on a steelworker's pension, with steelworkers' health insurance, even spending the winter months in Florida! No regular guy in the history of the world had seen the material conditions of his life improve more dramatically" (Metzgar, p. 6)

There you have it - in Metzgar's own words in the preceding two paragraphs - illustrations of the 'before the union' era and the 'after the union' era. In the following paragraphs we will explore the most important changes workers experienced.

In total agreement with Metzgar, workers experienced dignity and respect which they lacked before the union. For example, Metzgar told the story of the foreman who fired an employee because he refused to allow his daughter to date him. According to Metzgar's father, the anger wasn't about the termination (out of work) but about the indignities the employee suffered in his inability to tell the foreman - no - without any varnish. Unionism was able to take away a foreman's power of 'life & death' and transferred it to the impersonal contract (even which the company had to abide....) Secondly, Metzgar mentioned his grandfather's industrial accident whereas he lost both arms. He suffered the indignity of having someone scratching his itches. He had to survive on a monthly disability of $30. The Union changed that by providing healthcare (whereas, a disabled employee has access to free prosthetic limbs), and a substantial disability insurance plan.

Thirdly, Metzgar mentioned that a worker would work until he is in his fifties. In his fifties, he would become less productive due to aches and the malevolent weather (e.g., cold) whereas he would be 'pushed out the door' after so many years of being pushed to be productive. With the Union, Metzgar's father was able to retire at the age of fifty-six years old. He was financially secure and comfortable. He had two homes in two different states; cars, and etc.

Fourthly, the FLSA and the NLRA benefitted the working class many times over. It created more work for more people with shorter hours; shorter work week and early retirement incentives. Metzgar argued, also, how the important changes brought out by the unions benefitted the community at large by increasing the spending power of the working class - a spending power that translated into more jobs and igniting (via investments) new industries (like computers).

In conclusion, I could write a book (but I'm limited by time) about the differences workers experienced in the steel industry "before the Union" and "after the Union" which I borrowed from Metzgar, himself, and my own opinion as it pertains to the most important changes workers experienced.

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Massachusetts Overtime Law

Massachusetts labor laws are in place to protect workers from unfair compensation practices and overwork. In addition to minimum wage law and overtime law, Massachusetts Blue Laws restrict certain establishments from requiring work on Sundays and holidays, and establish a premium pay rate for such work.

Massachusetts Overtime Law

Overtime in Massachusetts is considered any time worked in excess of 40 hours during a single workweek. The workweek must be 7 consecutive days, beginning and ending on the same day of the week for the duration of your employment. For non-exempt employees, these overtime hours must be compensated at 1.5 times your regular rate of hourly pay.

Exemptions from Massachusetts overtime law are based on the nature of the work you actually perform, not on titles or salary. If your work is considered executive, professional, or administrative, for instance, you are likely exempt from overtime pay. However, having an executive title does not immediately exempt you. You must regularly perform the duties of an executive to qualify for exemption.

Massachusetts Minimum Wage

The minimum wage in Massachusetts is $8.00 an hour, which is higher than the Federal minimum ($7.25 an hour). Tipped employees making over $20 a month in tips must be paid a direct wage of no less than $2.63 an hour, which, when combined with the tips, should be equal to or greater than the minimum wage. If it falls short, the employer must pay the difference. Tipped employees must be legally notified of this information when they begin employment.

Massachusetts Blue Laws

Originating from the beginnings of America's colonial history, Massachusetts blue laws restrict the sale of goods and the ability to require work on Sundays and holidays. Most retail employees, for instance, must be paid time-and-a-half for work performed on Sunday, and said work must be optional. Refusing to work on Sunday cannot give an employer cause to discriminate against, discipline, or terminate an employee.

Most non-retail establishments may not operate on Sundays without a police permit. Holidays such as Thanksgiving and Christmas have severe restrictions on requiring employees to work, as do, to a lesser extent, Labor Day, Independence Day, and Memorial Day. Depending on the nature of your work and whether or not your employer has obtained a permit, you might not be required to work these holidays.

Unfair compensation practices violate your rights. Please visit USOvertimeLawyers.com for more information about Massachusetts labor laws, or to get in touch with Massachusetts wage and hour attorneys who are committed to fighting for workers' rights.

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Sex-Selective Abortion and Female Infanticide in Developing Countries

Women have been classified as members of household and should therefore remain there. This view on females has been widespread and is largely stereotypical. Gender discrimination transpires in most countries, developing countries in particular, and seems to be viral in effect making girls as the most victims.

One of the most demoralizing events in the lives of girls and women in developing countries is being discriminated. Millions of individual tragedies have become the result of such incident. As a fact, studies reveal that there is a direct connection or bond between a country's approach toward women and its social and economic development. Hence, the condition of women is fundamental to a society's situation.

In 2010, the United Nations Development Program has released a report stating that Asia leads the highest male-female sex ratio at birth in the world. Meanwhile, sex-selective abortion and infanticide leaves a track of 96 million missing women in some countries. This goes to show that even before birth, women are being discriminated.

Female infanticide is the deliberate killing of baby girls due to male baby preference of parents, as may have been dictated by the society where they belong. Low importance accompanied by the birth of females also has bearing in female infanticide. In intense cases, baby girls are being killed long enough even when they are still on the mother's womb because of the common notion that girls are servants of household.

With the advent of technologies, determining the gender of fetus has become a lot easier. Sex-selective abortion then happens to female fetuses because of male baby preference.

Cultural norms play important roles in gender discrimination. It is because people tend to follow the trends and practices in the community where they belong. There are few countries who give more importance to males as they refer to them as "assets" of the family because they can earn and support the family for a living. Females, on the other hand, are tagged as "liabilities" of the family because they will only marry and will not be able to contribute to the earnings of their family.

One of the unending repercussions of unsuccessful sex-selective abortion is abuse. Girls are more open to possibilities of abuse when parents failed to terminate or stop the conception of girl fetus. Physical harms follow the lives if girls throughout their lives which most of the time become the primary reason of psychological implications or trauma.

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FLBA Federal Labor Relations Board - The Balance of Power Shifts Once More!

The Obama Administration has appointed several well-connected labor union folks to the FLBA Federal Labor Relations Board Authority, and summarily fired the former Bush Administration appointees to that group. This shifts the balance even further towards labor and away from corporations. I am not sure if you have read Ayn Rand or not, perhaps, you should. Suffice it to say this is not a good move for America's economic vitality or ability to compete in global markets.

Stacking the deck with "pro-union" appointees is problematic for free-market capitalism. I hope everyone is aware of this. A company has no reason to discharge good employees that are efficient and productive. If a union causes too many problems for a company, the company will become unviable and insolvent at some point. At which point; we bail them out with taxpayer's money? Smooth plan indeed!

What we should realize here is that Labor Unions already have too much power, and to back them up the courts and lawyers are there ready to serve their will. Along with the politicians who realize to win in a number of the states must have union support, and assistance with their massive man power. What a lot of folks do not understand is that if unions gain the upper hand, companies will be slow to open new factories, plants, locations, or expand as we recover from the recession.

This means fewer jobs and more hardships for unemployed workers as state unemployment benefits run dry. While the FLBA or Federal Labor Relations Authority sure comes in handy when solving disputes, putting up pro-labor appointees sends a very deafening message to large corporate employers, and quite frankly, that could very well be the wrong message. Please consider this.

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Contract Law - Why is it So Important? Your Rights As a Worker

A contract law is a binding legal agreement that is enforceable in a court of law. That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy. I have a passion for these types of cases.

Many firms work on the basis of contract law. Such firms are called contract firms. Firms like construction firms work on contract basis.Law firms dealing with cases related to contract laws (employment, salary etc) are called contract law firms.

If an employee works in a company for more than one month, he is entitled to a written employment contract which will cover all the important terms and conditions. An employment contract is an agreement to the terms and conditions of employment - agreed by both the employer and employee.

In principle, there is always a contract between an employee and an employer as the agreement of an employee to work and the employer's agreement to pay for work is a contract by nature. The employer may have previously outlined the conditions of employment (pay, hours, etc).

Even if the employee does not serve two months of employment, according to the employment contract law, he is still entitled to a copy of the contract if the job was originally meant to last longer than one month.

The most important right that contract law ensures to the employees is that they have a right to be paid for the work they do. Most companies agree in this, however at times there is a disagreement about the amount owed the employee.

Every firm has different contract terms and conditions. For example a construction firm has a separate construction contract for its employees. The firms' employer has a right to give reasonable instructions to them and for them to work at their job. These rights and obligations are called contractual terms. The government contract law provides the employees the right to national minimum wage and right to paid holidays.

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