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Worker Safety. Do workers have a right to a reasonably safe work environment? What does that right entail? What mechanisms are available to ensure that this right is protected?. Right to worker safety.
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Worker Safety • Do workers have a right to a reasonably safe work environment? • What does that right entail? • What mechanisms are available to ensure that this right is protected?
Right to worker safety • OSHA: “right to safe and healthful working conditions… and workplaces that are free of known dangers.” http://www.osha.gov/Publications/osha3021.pdf
Mechanisms to protect right to safety • In house compliance efforts • Moral Persuasion • Professional Codes • Union contracts • Regulatory agencies • Regulations • Oversight • Enforcement • Criminal law • Civil law
In House Compliance • 4 Elements of Ethics Compliance • Element 1: Risk Assessment • Element 2: Corporate Culture • Element 3: Oversight by the Board and Senior Management • Element 4: The Ethics and Compliance Office
Moral persuasion and professional codes • Moral persuasion • Moral persuasion can be used to build coalitions and provide pressure on both offending organizations and political bodies. • Professional codes • Professional organizations can use their educational and enforcement powers to motivate compliance with safety guidelines.
Regulatory Agencies • OSHA • Cal OSHA • “California workers have the right to a safe workplace and a number of other more specific rights under the California Occupational Safety and Health Act.” http://www.dir.ca.gov/dosh/WorkersRights.htm
Legal Remedies • Criminal law • Corporations, and individuals within corporations, can be prosecuted under the criminal law for many safety violations. • Civil law • Organizations can be sued for injuries and illness caused by safety violations. • Administrative law • Regulations and enforcement available under OSHA and CalOSHA
When Remedies Fail • Failure of internal compliance • Moral persuasion not backed up with enforcement • Professional codes weak, spotty enforcement
When Remedies Fail • Regulatory agencies understaffed, insufficient penalties • Criminal enforcement spotty, weak penalties • Civil lawsuits not an option if one uses worker’s compensation system
Union Contracts • Definitions of safety • Oversight • Safety Committees • Independent monitoring • Accompany OSHA inspectors • Member education • Enforcement mechanisms • Investigate complaints • File grievance
Should we allow unions? • Utilitarianism • Social utility: • yes--better working conditions • no--higher cost of doing business. • Kant • Treating workers as ends in themselves • Moral rights • Rights that are asserted: • To association, to safety • To property
Should we allow unions? • Virtue • Fairness, loyalty • Care • Seeing employees as members of community • Basic justice • Protection from arbitrary power, democracy, liberty of association
National Labor Relations Act • Protects employee rights to • Form, join, decertify or assist a union • Bargain collectively through such a union • Refrain from joining a union • Team up with other employees to improve working conditions without a union
NLRB • Forbids employers and unions from • Interfering with their employees’ right • to form, join or assist a union • to refrain from union activities • to team up with other workers informally to improve terms and conditions of work • https://www.nlrb.gov/rights-we-protect