Litigation vs. Common Sense and Compassion

1184 words 5 pages
Litigation vs. Common Sense and Compassion
Michelle Manns
August 22, 2012
Theresa Jones

Litigation vs. Common Sense and Compassion
This essay will focus on the motivation in the phrase “Common sense and compassion in the workplace has been replaced by litigation.” As a business relationship emerges between an employer and employee negotiations, agreements, rules, and guidelines are formed. Normally these arrangements and duties are established through the human resources (HR) department along with expectations that an individual will perform their job with acceptable common sense and compassion if necessary. However, it currently appears that common sense or compassion has been exchanged for lawsuits within the
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This becomes evident in reviewing shocking numbers of occupational illnesses, injures, or deaths since 1996 (Shapiro, 1999).
To ensure the safety of the employees and the protection of the organization, companies are becoming more enforcing in healthful working conditions incorporated by the Occupational Safety & Health Act (OSHA) of the 1970s. (United States Department of Labor, n.d.). According to the OSHA Act, an employer has to set safety standard guidelines in addition to providing education, training and outreach toward their employees surrounding safety issues. It is perceivable that common sense plays an important factor in the minds of an employee toward his or her safety in doing their job; however the workplace still contains a multitude of dangerous hazards unbeknownst or inevitable to happen in the performance of a job requirement.
The Regulatory Process vs. Common Sense and Compassion
“To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights (United States Department of Labor, 2012).” This statement is the mission of the United States Department of Labor and can also be interpreted as the approach human resources has in creating the regulatory process. This process is the heartbeat of the HR department. It is mandatory requirements that are


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