Term
| The Selection Process: What is the purpose of the preliminary screening interview, and how long should it take? |
|
Definition
| Eliminate obviously unfit candidates; Should be BRIEF (30 mins. or less) |
|
|
Term
| The Selection Process: What are the 4 screening strategies used? |
|
Definition
| Visual, Critical "Knockout" Questions, RJP (Realistic Job Preview), Review Application Blanks |
|
|
Term
| Describe the Visual screening strategy |
|
Definition
| Not just how you look. Appearance, posture, tone of voice, smell, etc. |
|
|
Term
| Describe the Critical "Knockout" Questions screening strategy |
|
Definition
| Direct and job related. NOT subtle. Answering "no" to questions like these could mean you're out. Examples: Do you have sales experience? Do you have a 3.2? Are you willing to relocate? |
|
|
Term
| Describe the RJP screening strategy |
|
Definition
| Briefly describe job, the good AND the bad. Causes job acceptance rate to decrease, but retention rate to increase. Helps prevent reality shock |
|
|
Term
| Describe the Reviewing Application Blanks screening strategy |
|
Definition
| Gaps and erratic job history need to be explained by applicant. Working many places for <2 years could be a red flag, unless each jump was a real improvement |
|
|
Term
| The Selection Process: Describe the application blank and how it should be used |
|
Definition
| Used by virtually all companies. Don't ask dumb/potentially discriminatory questions. Applicant should try to avoid leaving too many blanks. |
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|
Term
| The Selection Process: What are the types of employment interviews? |
|
Definition
-Structured -Unstructured-depth-discussion -Problem solving -Group "work the room" -Stress |
|
|
Term
| What is the funnel analogy? |
|
Definition
| Describes structured vs. unstructured interviews. These are not mutually exclusive, just depends on which is used first. |
|
|
Term
| What is the most popular method for obtaining information in the selection process? |
|
Definition
|
|
Term
| What is an example of the Halo problem in employee interviews? |
|
Definition
| Interviewer went to Baylor and so did interviewee, so the interviewer likes him. |
|
|
Term
| What is an example of the Pitchfork problem in employee interviews? |
|
Definition
| Interviewee is a Zeta and the interviewer was dumped by a Zeta 30 years ago, so he doesn't like her. |
|
|
Term
| What is an important thing to look at in Employment interviews? |
|
Definition
| Non-verbal cues "body language" |
|
|
Term
| The Selection Process: Should you use letter or phone to do reference checks and why? |
|
Definition
| Phone is better because of tone of voice, inflection, etc. |
|
|
Term
| For reference checks, what are the three areas of check? |
|
Definition
-Work history (performance/salary/title/dates) -Education -Personal/Character (non-family) Ex. your preacher |
|
|
Term
| What are the legal problems with reference checks? |
|
Definition
| Privacy... some people will fear getting in trouble for slander/libel. |
|
|
Term
| The Selection Process: What is the concern with Intelligence (IQ) testing? |
|
Definition
| Concern about bias towards upper middle income backgrounds |
|
|
Term
| The Selection Process: In testing, what do interest inventories do? |
|
Definition
| Help decide what your interests are |
|
|
Term
| The Selection Process: In testing, what do aptitude and ability tests measure? |
|
Definition
| Aptitude measures potential skill; Ability measures developed skill. You can have one without the other |
|
|
Term
| The Selection Process: What do honesty/integrity tests measure? |
|
Definition
| Are you honest? Are you dependable? |
|
|
Term
|
Definition
|
|
Term
| The Selection Process: What does genetic screening measure? |
|
Definition
| Hereditary predispositions, including sensitivity to workplace elements (ex. chemicals if you are more prone to certain cancer, etc.) |
|
|
Term
| Can genetic screening in the selection process be used against applicant? |
|
Definition
|
|
Term
| The Selection Process: When can a medical exam be done? |
|
Definition
| Must FOLLOW a job offer (ADA mandate) |
|
|
Term
| What is the last testing factor in the selection process, and how close to employment date should it be complete? |
|
Definition
| Medical Exam; Near as possible to employment date |
|
|
Term
| What are the reasons for performing Medical Exams in selection process? |
|
Definition
| Avoid unfair workers compensation claims, make sure employee is physically capable, check for communicable diseases |
|
|
Term
| What will the Medical Exam in selection process NOT test for? |
|
Definition
| AIDS, unless working with blood |
|
|
Term
| What is the problem with doing Medical Exams? |
|
Definition
| Costly and time consuming |
|
|
Term
| The Selection Process: Can job knowledge be an area of testing? |
|
Definition
|
|
Term
| Assessment Centers: What are they used for? |
|
Definition
| Determining if a person would be a good fit in a certain job |
|
|
Term
| What is the Peter Principle? |
|
Definition
| You will rise until your level of incompetence |
|
|
Term
| What company is associated with assessment centers? |
|
Definition
|
|
Term
| Do you have to be selected in your job to go to an assessment center? |
|
Definition
| No, you can volunteer to go |
|
|
Term
| Assessment Centers: How many participants per half week are assessed? |
|
Definition
|
|
Term
| What is the normal testing done at assessment centers and when are they done? |
|
Definition
| mental ability, ability to reason, current events; done either before arriving at center or first thing at center |
|
|
Term
| Assessment Centers: What is the "In-basket" situation? |
|
Definition
| Best known situation, tests how you prioritize. Best to make hot, warm, cold piles by priority and tackle from there. You are alone when completed. |
|
|
Term
| Assessment Centers: What is the "Business game" situation? |
|
Definition
| Leaderless group exercise. Looking for task-oriented and people-oriented leaders who emerge in a group (Ex. run a toy company, assemble toy, market it) |
|
|
Term
| Assessment Centers: What is the "Promotion exercise" situation? |
|
Definition
| Measures consensus building. Can you reach a consensus with people? Given a subordinate's resume and see if you get him/her a promotion against 5 other subordinates |
|
|
Term
| Assessment Centers: What is the "Labor dispute" situation? |
|
Definition
| Measures fact-finding ability. Are you smart enough to know that you shouldn't make a cut and dry decision without looking into facts further? |
|
|
Term
| What is the "key" to success in Assessment Centers? |
|
Definition
| Good evaluators who are proven managers. Assigned for 6 months |
|
|
Term
| Assessment Centers: Describe the Evaluation |
|
Definition
| Done face to face, and bad results don't hurt you. Says if you're unacceptable for promotion/less than/acceptable/more than acceptable. |
|
|
Term
| What are some problems when using Assessment Centers? |
|
Definition
-costly -too competitive -"crown princess/prince" considered the heir apparent by co-workers can lose a lot of friends |
|
|
Term
| What are the most "dangerous" or "hottest" tests to give and why? |
|
Definition
| Personality testing; delves into the mind/soul |
|
|
Term
|
Definition
| Minnesota Multiphasic Personality Inventory |
|
|
Term
| What is the best known personality test, who was it designed by, how many questions does it have, and what is its reading level? |
|
Definition
| MMPI; Minnesota University Professors, 567 T/F/Cannot say answers, 6th grade reading level for "readability" |
|
|
Term
| What is the MMPI-2 and how many of the questions were modified from the original? |
|
Definition
| Revised version of MMPI with 250 of the previous questions modified |
|
|
Term
| Who did the old MMPI not work well with? |
|
Definition
| women, Black people, adolescents. Youngsters caught in adolescent turmoil scored similar to adult psychopaths. Women scored badly if interested in military career/mechanical work. |
|
|
Term
| What were 3 additions to MMPI-2? |
|
Definition
| Eating disorders, drug abuse, type A personality (workaholics) |
|
|
Term
| What was there less concern with in the MMPI-2? |
|
Definition
-Christianity (new test doesn't score you as delusional if you believe in an active God in your life) -Sexual hygiene problems |
|
|
Term
| When can MMPI-2 be given and why? |
|
Definition
| ONLY after job offer is in place. It is considered a medical exam because it uses scales like hypochondria, depression, hysteria, psychopathic deviance, etc. |
|
|
Term
| How does MMPI-2 hold up in court? |
|
Definition
| Test does well in court. Courts have almost always supported test |
|
|
Term
| What is another name for Integrity tests? |
|
Definition
|
|
Term
| What are the three main companies that provide Integrity tests? |
|
Definition
-Reid psychological systems -Stanton Corporation -London House |
|
|
Term
| How accurate do the providers of Integrity tests claim their tests are? |
|
Definition
| 85% accurate in spotting potential thieves or dishonest/undependable people |
|
|
Term
| What did the American Psychological Association report about Honesty tests? |
|
Definition
| Some of the tests work, meaning they can help predict which prospective employees may steal or prove undependable |
|
|
Term
|
Definition
| Look for personality traits in your handwriting |
|
|
Term
| Where is Graphology still very popular? |
|
Definition
|
|
Term
| How many personality traits does Graphology claim to measure? |
|
Definition
|
|
Term
| What kind of technique does Graphology use? |
|
Definition
| Double Blind; you don't know you're being tested, and graphologist doesn't know you (besides maybe age, gender, etc.) |
|
|
Term
| U.S. Department of Labor moved job title of Graphologist from _____ category to _____ category in 1991 issue of Dictionary of Occupational Titles. |
|
Definition
| Amusement and Entertainment; Miscellaneous Professional |
|
|
Term
| What is GINA and what does it do? |
|
Definition
| Genetic Information Nondiscrimination Act (2008); Prohibits U.S. insurance companies and employers from discriminating on basis of information derived from genetic tests |
|
|
Term
| What president signed GINA into effect? What were the numbers for the Senate and Congress passing it? |
|
Definition
-President Bush -Senate 95-0 Unanimous -Congress 414-1 (1 was Ron Paul) |
|
|
Term
| Under GINA, the EEOC definition of Genetic Information includes what? |
|
Definition
| Information about an individual's family medical history |
|
|
Term
| Under GINA, are insurers and employers allowed to request or demand a genetic test? |
|
Definition
|
|
Term
|
Definition
| Enzyme multiplied immunoassay test; A urinalysis test. |
|
|
Term
| What are the positives and negatives of EMIT? |
|
Definition
+: Inexpensive ($10-$15), most often used -: False positives due to OTC drugs, foods, caffeine, etc. |
|
|
Term
|
Definition
| Gas Chromatography, Mass Spectrometry; A urinalysis test. |
|
|
Term
| What are the positives and negatives of GC Mass Spec? |
|
Definition
+: Highly accurate -: Expensive ($200) |
|
|
Term
| What are some limitations of Urinalysis methods of drug testing? |
|
Definition
| False positives through improper handling procedures; determines presence of drug, but not amount, frequency, recency, or impairment level |
|
|
Term
| Urinalysis: When is temperature of urine taken and what is the allowable range? |
|
Definition
| Within 4 minutes of collection; 90.5-99.8 Fahrenheit |
|
|
Term
| Urinalysis: What is the appropriate quantity of urine? |
|
Definition
|
|
Term
| Urinalysis: Does gender of collection site monitor matter? |
|
Definition
| Yes; must be person of same gender as donor. Observers not allowed in California |
|
|
Term
| Urinalysis: What is the Chain of Custody? |
|
Definition
| Paper trail of receipts to know who handled sample from time of collection, transfer to testing facility, and back to potential employer |
|
|
Term
| What is RIAH and what does it do? |
|
Definition
| Radioimmunoassay of Hair. Hair analysis for drug testing. Determines frequency, time, and amount of use |
|
|
Term
| What are some positives and negatives of RIAH? |
|
Definition
+: less intrusive than urinalysis, provides a drug use history, cheating nearly impossible -: Somewhat expensive ($50 and up), unable to detect immediate or recent usage, takes 1.5 inch clump of hair |
|
|
Term
| What percentage of Fortune 500 firms use RIAH and why? |
|
Definition
| About 2%; Often a firm wants to know what drug you were on very recently (ex. when you crashed a company car) which RIAH is not good at detecting because it takes time for hair to grow out |
|
|
Term
| When are 3 "safe" times employers can drug test? |
|
Definition
-Part of pre-employment physical -Regular (annual) physical -Reasonable suspicion (ex. you wrecked a company car) |
|
|
Term
| When is it not "safe" for an employer to drug test? |
|
Definition
| Randomly; random testing is illegal in some states because of profiling, but it's fine in TX. Younger people, minorities, tattooed employees, pierced employees tend to be tested more often |
|
|
Term
| What is the definition of total compensation? |
|
Definition
| Monetary return paid to employee for work done... to attract, retain, gain a competitive advantage, and motivate |
|
|
Term
| What are the 3 needs compensation fulfills? |
|
Definition
| Recognition, safety, physiological |
|
|
Term
| Under the Fair Labor Standards Act (FLSA), what government agency does enforcing regarding compensation? |
|
Definition
| Wage and Hour Division of Department of Labor |
|
|
Term
| What is a necessity for HRM to do well, and for employees to work? |
|
Definition
| Compensation. Don't mess up pay checks! |
|
|
Term
| What two things should an organization have in regards to compensation? |
|
Definition
-Ability to pay (financial resources) -Pay strategy/philosophy (desired competitive pay position) |
|
|
Term
| Under FLSA, what is exempt vs. non exempt? |
|
Definition
| Exempt employees are not covered for overtime compensation under FLSA. Non-exempt employees must be compensated for overtime worked over regular pay period |
|
|
Term
| What are the 3 Objectives of Pay (compensation)? |
|
Definition
-Externally competitive -Internally equitable -Individually equitable |
|
|
Term
|
Definition
FLSA is a federal law that establishes standards for: -minimum wage/overtime/child labor law -exempt vs. non exempt employees -anti discrimination laws |
|
|
Term
| Objectives of Compensation: For being Externally Competitive, what is the technique and comparison used, and what is the result? |
|
Definition
Technique: pay surveys Comparison: same jobs in other companies Result: establishes pay level |
|
|
Term
| Objectives of Compensation: For being Internally Equitable, what is the technique and comparison used, and what is the result? |
|
Definition
Technique: job evaluations Comparison: different jobs within same company Result: establishes pay structure |
|
|
Term
| Objectives of Compensation: For being Individually Equitable, what is the technique and comparison used, and what is the result? |
|
Definition
Technique: using "soft variables" like appearance, negotiation skills, merit, seniority, lifestyle, etc. Comparison: same jobs within same company Result: the pay check |
|
|
Term
| What are the 3 variables of Pay Surveys? |
|
Definition
-Job Titles: include 10-15 jobs and no more -Industries: which industries and companies to send to -Geographic distance: how far to send |
|
|
Term
| What are the 2 keys to success in Pay Surveys? |
|
Definition
-Include brief job descriptions -Guarantee a copy of results to participants (either free or reduced charge) |
|
|
Term
| What is one thing you must be sure to include on Pay Surveys? |
|
Definition
|
|
Term
| Name the following definition: Determining the relative worth of various jobs in an organization to relate pay to the amount that the employee's job contributes to organizational effectiveness |
|
Definition
|
|
Term
| What are 3 characteristics of Job Evaluation? |
|
Definition
-Widely Used -"Successful" -Committee with participation of various levels |
|
|
Term
| Job Evaluation: What is the Factor System method? |
|
Definition
| most complex method; benchmarks jobs |
|
|
Term
| Job Evaluation: What is the Points System method? |
|
Definition
| most widely used; points are assigned to the degree of various factors required. Common factors include education, experience, responsibility, working conditions, etc. |
|
|
Term
| Job Evaluation: What are the 3 factors used to assess jobs in the Hay Plan? What does Hay Plan pay? |
|
Definition
-know how -problem solving -accountability Pays what the job is worth. |
|
|
Term
| Job Evaluation: What is the Market Based Compensation method? |
|
Definition
| Ignores internal equity and lets the market dictate salaries, much like professional sports. |
|
|
Term
| Job Evaluation: What is the Classification method? |
|
Definition
| gives jobs classes/grades, like GS (general schedule) system in government |
|
|
Term
| Contemporary Issues in Designing Pay Systems: What are 4 options for adjusting wages and salaries? |
|
Definition
-General increase -Merit: "pay for performance" -COLA: based on CPI/inflation -Seniority/longevity: can help you or hurt you |
|
|
Term
| Contemporary Issues in Designing Pay Systems: Why is it hard to keep a system up-to-date? |
|
Definition
| Market moves very quickly |
|
|
Term
| Contemporary Issues in Designing Pay Systems - Pay Security: Are guaranteed annual wages common in the U.S.? |
|
Definition
| No. Rare in U.S., common in places like Sweden & Norway |
|
|
Term
| Contemporary Issues in Designing Pay Systems: Supplementary Unemployment Benefits (SUB) can be a component of _____ ? |
|
Definition
|
|
Term
| Contemporary Issues in Designing Pay Systems: What is severance pay? |
|
Definition
| A component of pay security; it's up to company policy and is typical, but not law. Ex. One week's pay for each year employed |
|
|
Term
| Contemporary Issues in Designing Pay Systems: Regarding pay security, what is a Golden Parachute? |
|
Definition
| An employment contract common for only TOP management. Ex. 3-5 years salary if you lose your job |
|
|
Term
| Contemporary Issues in Designing Pay Systems: What is the most common "security" for those without a contract? |
|
Definition
|
|
Term
| Contemporary Issues in Designing Pay Systems: What is compensation Compression? |
|
Definition
| When there is very little pay difference based on seniority |
|
|
Term
| What are "Golden Handcuffs"? |
|
Definition
| Administrative issue where someone feels they can't quit because they would lose their benefits |
|
|
Term
| What is Pay Secrecy like in the U.S.? |
|
Definition
|
|
Term
| Contemporary Issues in Designing Pay Systems: Will an "all-salaried" workforce cheat company on hours if they're taken off the clock? |
|
Definition
| No- most workers actually work more hours when no longer punching a time clock |
|
|
Term
| What is another name for indirect compensation? |
|
Definition
| Fringe Benefits (benefits and services) |
|
|
Term
| What are the 3 objectives of benefits? |
|
Definition
-Societal: literacy, sex education, child care, eldercare, pensions -Organizational: a rested and satisfied workforce -Employee: safety, security, rest, enjoyment, fun |
|
|
Term
| Public Protection Programs: What is OASDI? |
|
Definition
| Old Age, Survivors and Disability Insurance (Social Security) from 1935 |
|
|
Term
| What kind of Death Benefits does OASDI provide? |
|
Definition
| nominal burial expense of $255 |
|
|
Term
| Under OASDI, what are the health insurance benefits called, and who got that passed? |
|
Definition
| Medicare: LBJ got it passed in 1965 |
|
|
Term
| Is OASDI meant to be lived on? |
|
Definition
| No; supplemental income/foundation of basic security |
|
|
Term
| What are 4 categories of Public Protection Programs? |
|
Definition
-Social Security -Unemployment compensation -Medicare -Disability and worker's compensation |
|
|
Term
| Unemployment Compensation: What 3 private industry companies started it first? |
|
Definition
|
|
Term
| What is Unemployment Compensation? |
|
Definition
| Insurance program to compensate eligible workers for a portion of their wage loss when they lose a job. Objective is to aid the unemployed while they look for work by providing weekly income for a stipulated period of time. |
|
|
Term
| 7 Criteria to be eligible for Unemployment Compensation |
|
Definition
-"Able and Available" to work -Not refused suitable work -***Not unemployed due to a labor strike (except NY and Rhode Island) -Not left voluntarily -Not terminated for misconduct -Worked a minimum number of weeks for company (typically 26) -Without a job |
|
|
Term
| How much unemployment compensation does a person typically receive? Who funds it? |
|
Definition
-1/2 of what was being earned, for 26 weeks -Employer |
|
|
Term
| How long does an employer have to protest an Unemployment Compensation claim? |
|
Definition
|
|
Term
| Does Unemployment Compensation cover "voluntary" separations? |
|
Definition
| No (ex. teachers, professional athletes, non citizens, terminations) |
|
|
Term
| For Unemployment Compensation, what 3 things define "suitable" work? |
|
Definition
-Degree of Risk (similar to what claimant used to) -Customary Occupation (not out of the ordinary) -Distance (of available work from claimant's residence) |
|
|
Term
| Unemployment Compensation: What are 4 compensable exceptions to qualification guidelines? |
|
Definition
-Moving with spouse (spouse would file on state) -Family illness (ex. quit to take care of fatally ill child) -Incompetence -Harassment |
|
|
Term
| What is the key word that keeps a person from receiving Unemployment Compensation? |
|
Definition
| Misconduct; company's disciplinary system will be the issue. Can company prove misconduct? Was it worth firing? |
|
|
Term
| Private Protection Programs: What are 6 categories of private protection programs? |
|
Definition
-Pensions -Supplemental Plans -Individual Retirement Accounts (highly mobile people or those without pensions) -Stock Options -Credit Unions/Savings Plans/Discounts -Legal Aid (not for felony charges, fairly costly) |
|
|
Term
| Private Protection Programs: When were Pensions first introduced? |
|
Definition
| Shortly after WWII (a relatively recent benefit) |
|
|
Term
| What is ERISA and what did it do? |
|
Definition
| Employee Retirement Income Security Act; Established standards on any pension plan (which are still "voluntary) |
|
|
Term
| Under ERISA, what is vesting and what are the options for when money is yours? |
|
Definition
| Legal right to money; money is yours in 5 or 7 years |
|
|
Term
| Under ERISA, what does the "funded" standard mean? |
|
Definition
| Money that is actually set aside, not just "we will figure it out when you retire" |
|
|
Term
| What is PBGC and what does it do? |
|
Definition
| Pension Benefits Guaranty Corp.; insures pensions against bankruptcy, merger, etc. |
|
|
Term
| Health Care Benefits: When can you change your medical care approach choice? |
|
Definition
|
|
Term
| Health Care Benefits: Describe wellness programs |
|
Definition
| Proactive; make healthy people healthier. Ex. Fitness programs and facilities, smoking cessation, weight loss, health screening, foods, stress management, magazines, etc. |
|
|
Term
| Health Care Benefits: Describe employee assistance programs (EAPs) |
|
Definition
Reactive (to problems); alcohol and drug dependency, domestic problems, financial problems, mental disorders, AIDS, etc. Ex. hot line, counseling, referral service, training for managers (document and confront), education |
|
|
Term
|
Definition
| Preferred Provider Organization; a medical care approach employers can offer as a health care benefit |
|
|
Term
|
Definition
| Health Maintenance Organizations; a medical care approach |
|
|
Term
| What is the Portal to Portal Act of 1947? |
|
Definition
| Addresses when a company has to start/stop paying you. You are paid when you're doing the principal duties of your job |
|
|
Term
| On the job paid leave: How long must a lunch break be for a company to compensate? |
|
Definition
|
|
Term
| Off the job paid leave: What is the single most expensive benefit? How many holidays are usually allowed per year? What are examples of paid absences? |
|
Definition
| Vacations; 10 per annum; Jury duty/annual training |
|
|
Term
| Off the job paid leave: What are the 4 options for what to do with unused sick leave? |
|
Definition
-Accumulate year to year -Accumulate with a cap -Don't accumulate (use it or lose it) -Well pay (company pays for unused days) |
|
|
Term
| Life Cycle Benefits: What are 3 Childcare services a company can offer? |
|
Definition
-Referral Programs -Reimbursement accounts (partial or total) -On site care facilities |
|
|
Term
| Life Cycle Benefits: How do people generally feel about Eldercare? |
|
Definition
| "Less is more." People really just want understanding. |
|
|
Term
| Life Cycle Benefits: What are 4 Changing Lifestyle categories a company could provide benefits for? |
|
Definition
-Adoption benefits (very rare in corporate America) -Benefits for "spouse equivalents" (homosexual couples) -Education expense allowances (ex. company pays for MBA) -Relocation/housing assistance |
|
|
Term
| Life Cycle Benefits: What are 2 components of Pre-retirement preparation and what do they include? |
|
Definition
-Planning: housing, nutrition, legal, financial, avocations, etc. -Counseling: fears, anxiety, stereotypes, etc. the "affective" side |
|
|
Term
| What is the Manhart case (1981) regarding? |
|
Definition
| Unisex pension contributions. Women were having to pay more because they generally live longer. This case made payments equal or "unisex." Some states have used this case to apply the same to car insurance |
|
|
Term
| What is the Newport News Shipbuilding and Dry Dock vs. EEOC case (1983) regarding? |
|
Definition
| Supreme court rules that pregnancy coverage should be provided to spouses of male employees, not just female employees |
|
|
Term
|
Definition
| Consolidated Omnibus Budget Reconciliation Act; Allows people to stay under coverage of employer's group health plan at group rates (102%) where their coverage would otherwise be terminated |
|
|
Term
| Why does health plan group rate under COBRA increase to 102%? |
|
Definition
| Because of complicated situations involved (ex. a divorce and covering kids, etc.) |
|
|
Term
| What constitutes a "qualifying event" to be covered under COBRA, and how long will coverage last? |
|
Definition
| Death, divorce, layoff, etc.; 36 months in general, 18 months for a "termination firing", and no coverage if the termination is for a "criminal" offense |
|
|
Term
| What is the Tax Reform Act (1986)? |
|
Definition
| Repealed by Congress; Tried to insure that most benefits plans are uniformly available to a fair cross-section of employees (highly and less well paid) by requiring such plans to satisfy complex, uniform nondiscrimination tests... "Section 89" |
|
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Term
| What does "Section 89" refer to when used in jargon of HR? What Act did it come from? |
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Definition
| Congress trying to pass something good that is actually a nightmare; Tax reform Act (1986) |
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Term
| What is the Health Insurance Portability and Accountability Act (1996)? |
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Definition
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Term
| Define Safety and the descriptors of "Injury" |
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Definition
| Avoidance of injuries (immediate/violent/traumatic) |
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Term
| Define Health and the descriptors of "Physical Conditions" |
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Definition
| (avoidance of) physical conditions other than injuries (slow/cumulative/irreversible) |
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Term
| What is leading cause of death for women in the American workplace? For men? |
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Definition
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Term
| What is "shot a pig across the mississippi"? |
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Definition
| Story of a very safe company that almost had a terrible accident, and made it part of their history |
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Term
| What are the 5 factors in workplace accidents? |
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Definition
-Task: dangerous job? -Employee: accident prone? 50-90% of all accidents are caused by human error (aka stupidity) -Government: OSHA, Workers Compensation -Unions -Management goals/philosophy |
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Term
| How much are hidden costs in workplace accidents? |
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Definition
| usually 5X what you think it would cost |
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Term
| What 4 reasons are there for Physical Security in the workplace to be classified into the HR/Personnel department? |
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Definition
Because it's related to... -Government: OSHA, workers comp. -Training -People -Doesn't fit elsewhere |
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Term
| What is OSHA and its purpose? |
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Definition
| Occupational Safety and Health Act (1970); Assure safe and healthful working conditions by authorizing enforcement of safety standards |
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Term
| Describe briefly the history of OSHA |
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Definition
| Introduced by LBJ, brought to completion by Nixon. Passed rapidly because of some recent disasters (coal mine explosion/nursing home fire) |
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Term
| Regarding OSHA, what are the requirements of the Employee, the Employer, and OSHA? |
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Definition
-Employee: follow standards, report violations (not penalized by OSHA) -Employer: follow standards, provide equipment, keep records, post bulletins, GENERAL DUTY of eliminating hazards that may not be covered by any standard -OSHA: enforce standards, but doesn't write them |
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Term
| What is the General Duty of the employer under OSHA? |
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Definition
| provide a safe work place in general |
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Term
| What is NIOSH and what does it do? |
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Definition
| National Institute of Occupational Safety and Health; does research to set standards for OSHA and trains OSHA Inspectors |
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Term
| Record Keeping: What is OSHA 300? 301? 301-A? |
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Definition
-300: single line entry log of each reportable case. Must keep a record of injury involving medical treatment more than first aid, loss of consciousness, restriction of work or motion (ex. electrocution), or transfer to another job after an injury -300-A: more than a 300 but less than a 301. Annual summary of injuries sent to OSHA, posted in a common area during Feb. and March each year, and given to employees who may not see it in area posted -301: supplementary record to 300 that includes details |
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Term
| When are the 4 times OSHA will do an inspection? |
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Definition
-Catastrophe/fatality or imminent danger: catastrophes and fatalities are priority, UNLESS inspector comes across an imminent danger situation first -Complaint/referral -Special emphasis (industries with health hazards) -Administrative schedule |
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Term
| What is Marshall vs. Barlow (1978) |
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Definition
| Right to refuse OSHA inspection. 4th amendment right to privacy. Employer is allowed to ask them to get a search warrant before coming in, but most do not. OSHA does not have to follow the same rigorous procedure that police do in obtaining search warrant. |
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Term
| What would be the process of making an appeal after an OSHA officer visit? |
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Definition
| Give notice of contest within 15 working days of citations; Employees can contest abatement period (time given to correct problem) but not the citation |
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Term
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Definition
| Not related to OSHA, but where appeals about OSHA fines can be sent if company feels they are unfair |
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Term
| OSHA Violations: describe De Minimus, Other-than-Serious, Serious, and Willful or Repeated violations |
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Definition
-De Minimus: no direct relationship to safety-health. No fine -Other than Serious: direct relationship to safety-health, but will probably not cause death or serious physical harm. Discretionary fine up to $7000 -Serious: Substantial probability of death/serious injury that employer knew or should have known about. Mandatory fine of up to $7000 -Willful or Repeated: can receive $70,000 penalties and/or imprisonment |
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Term
| How many states have chosen to replace OSHA with state enforcement? What does that look like? |
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Definition
| 27; OSHA approves and monitors the state plans, which must be as stringent as OSHA would have been. |
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Term
| What is Lock out/Tag out? |
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Definition
When doing maintenance on a machine: -seal the power source with a lock for each person working on it -put a sign/label that work is being done on the machine |
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Term
| What is Whirlpool Corporation vs. Marshall (1980)? |
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Definition
| Average worker (obviously not firefighters or police) have right to refuse dangerous work assignments without being disciplined |
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Term
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Definition
| educational/consulting division of OSHA. 30 OSHCON inspectors currently in Texas. Only come by invitation. They check things out, can write citation, give abatement period. If company corrects problem, great, if not, they call OSHA. |
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Term
| What was the only hope of injured employee before workers compensation? |
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Definition
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Term
| What are 3 defenses of company against workers compensation? |
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Definition
-Assumption of Risk: employee knew job was risky -Contributory Negligence: employee's fault -Fellow Servant Rule: coworker's fault |
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Term
| State run workers compensation programs: What are 3 objectives of the compensation? |
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Definition
| Certain, prompt, reasonable |
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Term
| Can you turn down workers comp? |
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Definition
| Yes, but company's 3 defenses will still stand |
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Term
| What is the effect of "going bare"? |
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Definition
| Going without workers comp; saves money for company but increases fear of being sued |
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Term
| Is "fault" an issue with state-run compensation programs? |
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Definition
| No- it's "no fault insurance" |
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Term
| State run workers compensation programs: How are they financed? |
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Definition
| Financed by employer, but there is "co-insurance" by employee. Co insurance: get up to 1/3-1/2 ow what you would make, NOT through state |
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Term
| What is the definition of a compensable injury? |
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Definition
| "arising out of and in the course of employment" |
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Term
| What are the 4 variables of a "compensable injury" decision? |
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Definition
-Job relatedness: degree of employer initiative, degree to which employees are required to participate -Act of God: neither caused by employment nor made more likely to occur because of employment. Not compensable, unless injury could have been avoided if employer did not require a person to do something -Cumulative disability: created or made more severe by repeated incidents or exposure to harmful situations -Aggravation of pre existing disability: if the employer hires an employee having a condition that increases the likelihood of an injury, employee is still liable if that injury occurs |
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Term
| Could workers comp. have eliminated the need for OSHA? |
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Definition
| Yes if it had worked, but it didn't work |
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Term
| Texas: 5 exceptions to workers compensation variables |
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Definition
-Act of God: not job related unless employer put them at risk. not compensable -Third Party: not compensable -Willful intent to hurt self: not compensable -Horseplay: not compensable -Mental Trauma: COMPENSABLE in TX if from a specific and atypical point in time. |
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Term
| What is personal health and comfort doctrine? |
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Definition
| Minor deviation for personal health and comfort when sent on a mission for a company is compensable |
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Term
| Are diseases and infections compensable? |
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Definition
| Only if you can prove you got it at work |
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Term
| What paperwork must be filled out for workers comp? |
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Definition
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