Marcela G Trevino
HCS/341- Human Resources in Healthcare
June 15, 2015
Instructor: PAUL FARBER
Legal, Safety, and Regulatory Requirements Paper. The legal, safety, and regulatory impact on the human resource department will differ from organization to organization and what the mission is for each. Human resources will lay the foundation of the whole organization and make sure that the employee and employer are safe in any situation. HR needs to find some sort of balance with the legal, safety and regulation requirements by state and federal law to ensure the wellbeing of everyone involved.
Legal, safety and regulatory requirements.
Both the employee and the employer have rights under the federal and state law. Here are a few types of entities that may include the Occupational Safety and Health Administration (OSHA), Equal Employment Opportunity Commission and the National Labor Relations Board. The United States of America has placed multiple organizations in order to protect the employee and employer from unjust acts on each other’s part. The Human Resource Department must be competent not only in laws and regulations, but have some type of knowledge in safety as well. Most of the time depending on the size of the organization safety might be exclusive to the occupational health department which will be a specialized department to ensure employee safety. Also, the legal can be a separate department that will specialize in preventing potential lawsuits.
The legal aspect covered by Human resources include laws like: Equal employment opportunity, Fifth Amendment to the United States of America Constitution, “no person shall be deprived of life, liberty, or property, without due process of the law” (Dessler, 2005) this law prevents discrimination against the minority groups. Furthermore, there is another law that prohibits against discrimination due to disabilities. This law is called The Americans with Disabilities Act of 1990. This law states that qualified individuals with a disability are entitled a reasonable accommodation to be able to perform their duties unless the employer can prove that by doing so will present and “undue hardship.” (Dessler, 2005) This law is from the Department of Homeland Security which is the Immigration Reform and Control Act of 1986. This law is a way for Human resources to comply with the United States Government and provide some way of letting them provide safety for their citizens. (Noe, Hollenbeck, Gerhart, & Wright, 2006) This law was reinforced after 9/11. Some of the aspects that are included in this law are: Hire only citizens or aliens lawfully authorized to work in the U.S., advice all employees of this policy, all new employees must sign the verification form “I-9” designated by immigration and Naturalization Services (INS) to certify that the potential employees are eligible for employment. Upon competition of such official documentation must be verified the employer need to sign that such documents where present prior signature. This form needs to be retained for 3