CASE 6

Summary of case 6A:

·         A young man was found dead after having an epilepsy attack

·         The man was an intern at an investment back, and was said to work exceptionally long hours prior to his death

·         The bank has no way of monitoring working hours

·         Interns often work unreasonable working hours in competitive businesses to stand out and land a permanent position

·         It cannot be proved that fatigue lead to the man’s epileptic attack and premature death

Challenges:

·         Are companies to be responsible for staff hours?

·         Is it right that companies hire interns to work long hours, knowing that the same legislation does not apply to them?

·         Is it the company, the peer pressure, or the person’s own duty to monitor wellbeing?

Summary of Case 6B:

·         Wellness programs offered by companies are becoming more and more common

·         The results of the program ensuring better health and wellness are conflicted

·         Penalizing workers for unhealthy habits does not work, however motivating with carrots is more effective

·         Focus should be put on mental health as well as physical health

·         The ROI is long-term, wellness programs are not a quick fix, or an easy way to save money

Challenges:

·         Should a company invest in wellness programs to increase productivity and cut down sick-days?

·         How does a company know if is effective?

·         Is the cost of the program worth it?

·         ROI is long-term, however staff turnover is higher in todays, project-oriented employment culture

·         What kind of meters can be used for measuring wellbeing?

Key Concepts, Theory and Model

There are several national laws and guidelines for making sure workers safety and health. In the United States the Occupational Safety and Health Act of 1970 (OSHA) lays out the basic guidelines and laws at federal level. The safety at workplaces is monitored by The Occupational Safety and and Health Administration (L. Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.57-574). In Finland health and safety is monitored by the The occupational safety and health authority. Their task is to enforce health and Safety laws, and conduct inspections. (Työsuojelu.fi)

Today, employees are responsible for any and all injuries, accidents and deaths at a place of work. Insurance is provided and mandatory for employees in Finland. In the US there is also a law for workers compensation, in case of an accident (L. Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.568-569). Despite insurances and workers compensation laws, many employees face problems when they have an accident or injury and should be compensated. As Howard Ankin writes, “Employers and their insurance carriers have a vested interest in denying as many claims as possible to avoid having to pay large payouts”. Claims are often denied, due to reasons such as: the employee did not report the injury immediately, the injury was not witnessed, or there was a pre-existing condition, according to Ankin. (H. Ankin, 2017)

Some careers are known to be more hazardous than others. Construction sites are, places where accidents happen on a regular basis, no matter how much preventive action is taken. One issue with construction sites, is that the employees are often foreign, or the contractor is a foreign company, and may not place such strong value on ensuring health and safety laws or insurances. Salon Media recently puclished an article on safety at construction sites in New York. The article is referring to a report made by the Health and Safety Committee of New York, saying that especially non-union construction sites are increasing, and in consequence more Latino construction workers are at risk of injury. Non-union contractors do not place as much value on safety, and therefore, place workers at higher risks. While Latino workers only make up for 30 % percent of the construction workforce in New York, they account for 57 % of all fatalities due to falls at construction sites (M. Arria, 2017)

As shown in the case 6A, fatalities may also incur under uncertain conditions. A young man died due to an epilepsy attack. A tragedy that may happen on its own. But in this case, the man was an intern working for an investment bank in London, a field known for brutal intern working hours and pressure to surpass employer’s expectations.  The man had worked through the night on several occasions prior to his death. The company had no system in place to monitor employee work hours. In addition, in this field it is customary for interns to put in long hours in order to land a permanent position. It is part of the company culture. In these kinds of cases it is extremely difficult to determine whether the death was due to the inhumane working hours. In addition, if it could be established that the man did indeed die due to an epilepsy attack caused by exhaustion, is it the employers fault or is it the responsibility of the employee to make sure he or she gets enough sleep? As the employer doesn’t demand an employee to work through the night, he is not mandated to do so. Yet he or she knows, that if he or she doesn’t, someone else will take his or hers place. (E. Thomas, 2012)

Employers are not only responsible for accidents, but also for keeping employees safe from discrimination, violence, threats etc. at the workplace. In addition, employers can be found to have produced so called cumulative Trauma Disorders, such as repetitive stress injuries at factories or back pains from sitting on the job too much. Employers have a duty to alter physically strenuous work or repetitive movements in order to prohibit future damage. (L. Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.581).

Many employers have introduced wellness programs, that prevent injuries and sick leaves by motivating workers to stay fit and healthy. The benefits of such programs are under dispute, but many feel it is not only beneficial in the long term, but also creates a strong company culture, making the employees feel well cared for. Preventive screening and testing, in addition to motivators for physical activity may help to reduce costs of health care when it comes to treating already existing illnesses, injuries or health problems. Many believe, it is easier and more cost effective to prevent, than to treat a problem. (L. Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.587-588).

Literature:
 

E. Thomas, 2012, “ 'Exhausted' Merrill Lynch intern died from epileptic fit in shower after he 'pulled three all-nighters at bank where employees compete to work the longest hours”, Daily Mail, http://www.dailymail.co.uk/news/article-2511911/Moritz-Erhardt-exhausted-Merrill-Lynch-intern-died-epileptic-fit.html#ixzz4RTj2xoP1 (22.2.17)

H. Ankin, 2017, “Common causes of worker’s compensation Denials”, JD Supra Business Advisor, http://www.jdsupra.com/legalnews/common-causes-of-workers-compensation-96346/ (22.2.17)

L.R Gomez-Mejia, D.B Balkin, R.L Cardy, 2012, “Managing Human Resources”, 7^th Edition, chapter 16. Pearson Education Inc. New Jersey

M. Arria, 2017, “The deadly reality of construction work: Minorities suffer most from workplace negligence”, Salon, http://www.salon.com/2017/02/20/the-deadly-reality-of-construction-work-minorities-suffer-most-from-workplace-negligence_partner/ (22.2.17)

Työsuojelu.fi, http://www.tyosuojelu.fi/web/en/about-us/organisation, (22.2.17)