The Experts below are selected from a list of 135 Experts worldwide ranked by ideXlab platform
Susan Harthill - One of the best experts on this subject based on the ideXlab platform.
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THE NEED FOR A REVITALIZED REGULATORY SCHEME TO ADDRESS WORKPLACE BULLYING IN THE UNITED STATES: HARNESSING THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT
University of Cincinnati Law Review, 2010Co-Authors: Susan HarthillAbstract:This paper explores the potential for harnessing the OSH Act and the OSHA regulatory apparatus to tackle the widespread problem of workplace bullying. Workplace bullying is a phenomenon that has attracted a considerable amount of domestic and international inter-disciplinary attention. It can be described as psychological or emotional abuse occurring regularly, repeatedly, and over a period of time. Common types of overt behavior include constant criticism, shouting and verbal abuse, persistently picking on the victim, and repeatedly assigning unreasonable or impossible targets or deadlines. In an earlier article, I explained how the experience of the United Kingdom in combating workplace bullying can provide lessons for similar efforts in the United States. See Susan Harthill, Bullying In the Workplace: Lessons From the United Kingdom, 17 MINN. J. INT’L L. 247 (2008). This paper builds on that article, but shifts focus solely to the U.S. by proposing a new regulatory alternative, viewing workplace bullying through the lens of existing federal occupational safety and health law, regulations and guidelines, and utilizing new governance theory to identify and harness informal mechanisms to bolster the efficacy of the existing federal occupational safety and health regulatory apparatus. This paper first analyzes workplace bullying as an occupational safety and health concern covered by the OSH Act, thereby already obligating employers to take feasible measures to prevent and abate this problem. First, I examine whether the OSH Act can be interpreted to obligate employers to provide a workplace free from workplace bullying, through the General Duty Clause of the Act. Then, because some courts and even the OSH Administration itself have expressed a preference that workplace hazards, including workplace violence Generally, be addressed through specific regulations and not by reliance on the General Duty Clause, I also argue that the OSH Administration could promulgate a specific standard addressing the problem, given the evidence of the prevalence, costs and health impact of workplace bullying. The paper also argues that the problem of workplace bullying requires a multi-pronged approach. I argue that a top-down, stand-alone regulation and enforcement approach is insufficient. Drawing upon new governance principles, an integrated approach is required, combining top-down 2 OSHA and Workplace Bullying [8-Aug-09 traditional enforcement with a collaborative, cooperative effort, utilizing the OSH Administration, NIOSH, employers, unions and employees in a form of self-regulation. Utilizing OSHA to address workplace bullying is not without its drawbacks, and I address those shortcomings and potential solutions. I conclude that, despite its shortcomings, OSHA’s existing regulatory scheme should incorporate workplace bullying because OSHA is a singularly appropriate vehicle for such efforts and because prevention of workplace bullying through an existing scheme complements efforts to enact new legislation specifically addressing the problem. OSHA and Workplace Bullying
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The Need for a Revitalized Regulatory Scheme to Address Workplace Bullying in the United States: Harnessing the Federal Occupational Safety and Health Act
2009Co-Authors: Susan HarthillAbstract:This paper explores the potential for harnessing the OSH Act and the OSHA regulatory apparatus to tackle the widespread problem of workplace bullying. Workplace bullying is a phenomenon that has attracted a considerable amount of domestic and international inter-disciplinary attention. It can be described as psychological or emotional abuse occurring regularly, repeatedly, and over a period of time. Common types of overt behavior include constant criticism, shouting and verbal abuse, persistently picking on the victim, and repeatedly assigning unreasonable or impossible targets or deadlines. In an earlier article, I explained how the experience of the United Kingdom in combating workplace bullying can provide lessons for similar efforts in the United States. See Susan Harthill, Bullying In the Workplace: Lessons From the United Kingdom, 17 MINN. J. INT’L L. 247 (2008). This paper builds on that article, but shifts focus solely to the U.S. by proposing a new regulatory alternative, viewing workplace bullying through the lens of existing federal occupational safety and health law, regulations and guidelines, and utilizing new governance theory to identify and harness informal mechanisms to bolster the efficacy of the existing federal occupational safety and health regulatory apparatus. This paper first analyzes workplace bullying as an occupational safety and health concern covered by the OSH Act, thereby already obligating employers to take feasible measures to prevent and abate this problem. First, I examine whether the OSH Act can be interpreted to obligate employers to provide a workplace free from workplace bullying, through the General Duty Clause of the Act. Then, because some courts and even the OSH Administration itself have expressed a preference that workplace hazards, including workplace violence Generally, be addressed through specific regulations and not by reliance on the General Duty Clause, I also argue that the OSH Administration could promulgate a specific standard addressing the problem, given the evidence of the prevalence, costs and health impact of workplace bullying. The paper also argues that the problem of workplace bullying requires a multi-pronged approach. I argue that a top-down, stand-alone regulation and enforcement approach is insufficient. Drawing upon new governance principles, an integrated approach is required, combining top-down traditional enforcement with a collaborative, cooperative effort, utilizing the OSH Administration, NIOSH, employers, unions and employees in a form of self-regulation. Utilizing OSHA to address workplace bullying is not without its drawbacks, and I address those shortcomings and potential solutions. I conclude that, despite its shortcomings, OSHA’s existing regulatory scheme should incorporate workplace bullying because OSHA is a singularly appropriate vehicle for such efforts and because prevention of workplace bullying through an existing scheme complements efforts to enact new legislation specifically addressing the problem.
George Hagglund - One of the best experts on this subject based on the ideXlab platform.
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The Campaign to Regulate Causes of Cumulative Trauma Disorders
Labor Studies Journal, 1998Co-Authors: George HagglundAbstract:Dealing with cumulative trauma disorders arising at work has gotten major attention from safety and health professionals over the past few years. Attempts to pass enforceable ergonomics standards have not pro gressed rapidly in Western Europe. The United States, through use of the General Duty Clause of the OSHAct had begun to require employers to re-design work operations to eliminate CTD problems. However, when the federal government attempted to promulgate enforceable ergonomics standards, they ran up against a brick wall of resistance from major employer associations.
Thomas J. Armstrong - One of the best experts on this subject based on the ideXlab platform.
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Control of upper-limb cumulative trauma disorders
Applied Occupational and Environmental Hygiene, 1996Co-Authors: Thomas J. ArmstrongAbstract:Abstract The awareness and reporting of upper-limb cumulative trauma disorders have increased significantly in recent years. These disorders are a leading cause of worker impairment and disability in many industries and occupations. Utilizing its egregious or occurrence-by-occurrence citations and fines, the Occupational Safety and Health Administration has leveled record penalties against employers for violations of its General Duty Clause and recordkeeping requirements. In addition to monetary fines, settlement agreements have included company commitments to ongoing control programs. Industrial hygienists and safety professionals frequently are called upon to assist employers and workers with these problems. Areas of assistance include: (1) educating facility personnel about cumulative trauma disorders, employers' responsibilities, and what can and cannot be done to prevent cumulative trauma disorders; (2) evaluating available safety and health data; (3) conducting a preliminary assessment of jobs for p...
Vladimir Murashov - One of the best experts on this subject based on the ideXlab platform.
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National nanotechnology partnership to protect workers
Journal of Nanoparticle Research, 2009Co-Authors: John Howard, Vladimir MurashovAbstract:Nanotechnology is predicted to improve many aspects of human life. By 2015, it is estimated to represent $3.1 trillion in manufactured goods. Data is emerging that exposure to nanomaterials may pose a health risk to workers. If the economic promise of nanotechnology is to be achieved, ways need to be found to protect nanotechnology workers now. The Occupational Safety and Health Act of 1970 (OSHAct) gave the responsibility to protect workers to the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) through research, standards adoption, and standards enforcement. Since 1980, adopting new occupational health standards has grown more complex. The increased complexity has greatly slowed efforts to adopt protective standards for toxic agents that are well-known to pose significant risks. The likelihood of rapidly adopting standards to protect workers from nanomaterials, whose risks are just emerging, seems even more unlikely. Use of the OSHAct’s General Duty Clause to protect workers also seems uncertain at this time. In the interim, a national partnership led by NIOSH involving nanotech manufacturers and downstream users, workers, academic researchers, safety, and health practitioners is proposed. A National Nanotechnology Partnership would generate knowledge about the nature and the extent of worker risk, utilize that knowledge to develop risk control strategies to protect nanotechnology workers now, and provide an evidence base for NIOSH recommendations to OSHA for a nanotechnology program standard at a future date.
Michael D. Decker - One of the best experts on this subject based on the ideXlab platform.
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OSHA Enforcement Policy for Occupational Exposure to Tuberculosis
Infection control and hospital epidemiology, 1993Co-Authors: Michael D. DeckerAbstract:On October 8, 1993, the Occupational Safety and Health Administration (OSHA) issued mandatory guidelines that establish an enforcement policy for protecting exposed workers against tuberculosis (TB). The instructions, issued to OSHA regional administrators and compliance officers nationwide, cover both the application of specific OSHA standards that are pertinent to TB inspections and of the OSH Act's General Duty Clause, which obligates employers to provide safe and healthful workplaces. OSHA's guidelines are effective immediately, except for the respirator requirements, which will become effective on January 6,1994. Employers found in violation of the guidelines can be fined. Those states that run their own job safety and health programs were given 30 days to advise OSHA on their plans for enforcement against TB.