I. Temporary Disability
The following discussions are going to present the issues relating to employment and the possible protections that employees could acquire as they suffer temporary disability. Discussions on the pertinent laws, possible conditions to benefit from these laws and the actual benefits will be discussed in this report.
A. Laws Applicable
Temporary disability is often covered by short-term disability protection laws. (Kerns, 1994) The creation of this form of protection is found on the fact that these temporary disabilities often entail absence of the employee from work. And in turn, absence from work entails deductions and even loss of salary given that the employee has to refrain from partaking to any activity similar to what he/she does at work.
Each state has different types of legislations regarding temporary disability. To illustrate, Rhode Island, California, New Jersey, New York, and Hawaii have instituted protections for their workforce relating to temporary disability on different time frames. (De Carlo, 2002)
B. Available Benefits and Authorities that provide them
Programs enacted that protect worker often include temporary disability insurance, paid sick leave and employment-related group insurance. Normally, these programs covers those employed in private employment, specifically those included in the commercial and industrial wage and salary workforce. (De Carlo, 2002)
In order to acquire such protections, it is required that the employees have acquired a specific amount of past employment, or at least be regularly employed in an organization. (Kerns, 1994) More importantly, the employee seeking to claim such protection should be actually disabled. (De Carlo, 2002) This means that the employee should prove that they are unable to perform their jobs because of a physical or mental condition. Coverage is limited to twenty-six weeks in Hawaii, New Jersey, and New York while fifty-two weeks are given to those employed in the state of California. (De Carlo, 2002)
C. Conclusion
Temporary disability has yet to be generally covered in federal laws. Nevertheless, the individual states have taken the initiative to provide the necessary protection that the workforce need from having temporary illnesses and even disabilities. State governments set aside a considerable amount of money in order to finance and cover the financial needs of the temporarily disabled employees as they are unable to turn up to work.
II. Ergonomic Injury
An ergonomic injury is characterized by the Occupational Safety and Health Administration (OSHA) as equivalent to muscoskeletal disorders (MSDs). This paper will be providing a scenario depicting an ergonomic injury in the workplace and consequently provide specific measures that could be used to circumvent the said injuries. The discussions are going to be based on the stipulations in the provisions of OSHA.
A. Description of the Scenario
The scenario to be presented is a hypothetical event that took place in an automobile manufacturing company. The focus is the Human Resource Department of the company, particularly those working in the accounting division of the organization. The employees in this division have constantly been issuing complaints to the management of back problems and even strain in the eyes. Two of the in-house accountants of the company have already filed a leave of absence for a couple of days for the same reason indicated by the other employees in the accounting division.
The management, with the intention to comply with OSH Act s5(a)(1), has been troubled by this occurrence and instructed the HR department to conduct an inspection and provide recommendations to eliminate the problem in the said division. The said act compels organizations to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.“ The said employees in the division are constantly held in their workstations. The following discussions will be covering the possible prevention measures in the workstation as provided by OSHA.
B. Prevention Measures
According to OSHA, the company should look into certain factors that are in effect in the workstations of the employees. Specifically, OSHA pointed to the working postures, seating, input devices, monitor, work area, and the accessories in the workstation. In general, the OSHA indicated that there should be some level of adjustability such that the posture of the worker would be corrected in correspondence to their individual preference. More importantly the said organization indicated the need of the management to maintain the effective condition of the workstation, accessories, and the components in order to allow a proper operation and functionality for the employees.
C. Conclusion
It is the presence of this occurrence that some sort of occupational safety measures are recognized in some studies. Safety in the workplace has been taken into consideration in the existing literature; some have indicated that this safety is compromised by specific items present in the workplace while some indicate that this risk is presented by other employees in the company. The OSHA keeps the safety of the workforce in general such that the principles and guidelines they provide for the public are able to help employers to keep the employees in top shape by providing good working conditions.
III. Americans with Disabilities Act against Discrimination
The Congress enacted the Americans with Disabilities Act (ADA) in 1990. This is to prevent persons with disabilities face unreceptive work settings that may further blight their work capability. The ADA broadened the antidiscrimination coverage stated in the earlier legislation in s504 of the Rehabilitation Act of 1973, to some extent by compelling employers to put forward practical workplace spaces to their employees with disabilities.
Moreover, the ADA indicated that employers provide reasonable accommodations not only to those who were disabled individuals but also to the workers who become disabled for the duration of their employment in the same organization. This makes the employees safe from arbitrary termination from the employer. Accommodations in this context have been claimed to take account of objects as diverse as streamlining of posts, modification of work shifts, permitting the accessibility of facilities as well as the purchase of pertinent equipment and devices that would be convenient for the disabled individual. As indicated in the ADA, accommodations are deeds addressed by the employer’s part to make the place of work to more convenient to their employees with disabilities. In the face of its praiseworthy objective of enhancing employment results for employees with disabilities, the said legislation has been contentious ever since prior to its ratification primarily for the reason of its other conditions. One condition is that employers have to care for all employees “equally”; as a result, the employees who are held cannot be remunerated lower salaries. Moreover, altering the setting of a labor force to have comparatively a smaller amount of employee with disabilities in an attempt to steer clear of the act’s consequence is prohibited.
The said legislation is founded on good intentions by the government. Equality in the workplace as well as nondiscriminatory practices is among the primary objectives. To look at the circumstances surrounding the disabled population, programs such as assistance services and healthcare for these employees are necessary if individuals with disabilities are to penetrate the labor force in considerably larger numbers. But they are similarly costly, possibly lifetime prerogatives. With the enactment of the ADA, individuals with disabilities are able to rise above their situations and become more independent.
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