Paper 1: Length 1 Page. Imagine You Are A Human Resource Man ✓ Solved

Paper 1: Length 1 page. Imagine you are a Human Resource man

Paper 1: Length 1 page. Imagine you are a Human Resource manager for a large firm and that one of your employees has suffered a temporary disability. Answer the following questions: 1. What laws apply to temporary disability at the workplace? 2. Under what general circumstances is the employee entitled to benefits? 3. What are those benefits and who administers them?

Paper 2: Length 1 page. Using the Library or other web resources, identify and describe a scenario that involves an ergonomic injury and determine guidelines to prevent further injuries in the work setting. Be sure to explain how the U.S. Department of Labor Occupational Safety & Health Administration’s criteria for ergonomic injuries might apply to the scenario.

Paper For Above Instructions

Paper 1 — Temporary Disability: Applicable Laws, Entitlement, and Benefits

As Human Resource manager, you must navigate overlapping federal, state, and organizational rules when an employee suffers a temporary disability. Key federal laws include the Americans with Disabilities Act (ADA/ADAAA), which requires reasonable accommodations for qualified employees with disabilities (EEOC, 2023); the Family and Medical Leave Act (FMLA), which provides job‑protected leave for serious health conditions when employer and employee meet statutory criteria (U.S. DOL, 2024); and, for work‑related injuries, state workers’ compensation statutes that provide wage replacement and medical benefits (NCSL, 2021). Additionally, employers must comply with the Occupational Safety and Health Act’s General Duty Clause to maintain a safe workplace (OSHA, 2022).

Entitlement depends on the legal route:

  • Workers’ compensation: If the disability arises out of and in the course of employment, the employee is generally entitled to temporary disability benefits (temporary total or temporary partial), medical treatment, and rehabilitation services under state workers’ compensation laws. The trigger is a compensable work injury as defined by state statute (NCSL, 2021).
  • FMLA: An employee who has a qualifying serious health condition (including conditions needing inpatient care or continuing treatment) and who meets FMLA eligibility (typically 12 months of employment, 1,250 hours worked, and employer size threshold) may take up to 12 weeks of job‑protected unpaid leave (U.S. DOL, 2024).
  • ADA/ADAAA: If the temporary condition substantially limits a major life activity or is perceived as such, the ADA may apply. Even shorter‑term conditions can require reasonable accommodations (modified schedule, temporary leave, modified duties) if the employee meets the ADA’s definition of disability in the specific case (EEOC, 2023).
  • Short‑term disability insurance: Non‑work‑related temporary disabilities are often covered by employer‑sponsored short‑term disability (STD) plans or state temporary disability insurance (TDI) programs (e.g., California EDD) which provide partial wage replacement for a defined duration.

Typical benefits and who administers them:

  • Wage replacement: Workers’ compensation insurers or state funds pay a statutory percentage of pre‑injury wages for the temporary disability period (state workers’ comp boards administer and oversee claims) (NCSL, 2021). Employer‑sponsored STD plans, administered by insurance carriers or third‑party administrators, pay a set portion of wages for non‑occupational temporary disability (EDD, 2024).
  • Medical care: For work‑related injuries, workers’ comp covers necessary medical treatment; the insurer or state board coordinates care authorization (NCSL, 2021).
  • Job protection and reinstatement: FMLA leave provides job restoration rights under federal law when eligibility is met (U.S. DOL, 2024). ADA may require reasonable accommodation or reassignment to a vacant equivalent position.
  • Reasonable accommodations: The employer, under ADA guidance enforced by the EEOC, must engage in an interactive process to identify effective temporary accommodations (EEOC, 2023).
  • Administrative oversight: Workers’ compensation claims are overseen by state agencies and insurers; FMLA and wage‑hour compliance are enforced by the U.S. Department of Labor; ADA claims are enforced by the EEOC. The employer’s HR and benefits teams handle initial case management and coordination with insurers and agencies.

Paper 2 — Ergonomic Injury Scenario, Prevention Guidelines, and OSHA Criteria

Scenario Description

Scenario: A full‑time data analyst develops progressive numbness, tingling, and wrist pain after six months of sustained heavy keyboard and mouse use combined with a compact workstation that forces wrist extension and a monitor positioned too low, causing forward neck posture. Symptoms worsen during workdays and reduce capacity to perform rapid data entry.

How OSHA/Agency Criteria Apply

OSHA and occupational health authorities identify musculoskeletal disorder (MSD) risk factors including repetition, awkward postures, force, contact stress, vibration, and task duration (OSHA, 2022; NIOSH, 2019). In this scenario, repetition (constant typing and mouse use) and awkward wrist/neck posture are primary risk factors. OSHA’s guidance and the General Duty Clause require employers to address recognized hazards that can cause MSDs; while OSHA lacks a specific ergonomics standard, its guidance and e‑tools outline exposure elements and control strategies (OSHA eTools, 2020).

Guidelines to Prevent Further Injuries

Engineering controls and administrative measures should be implemented in a hierarchy of controls approach:

  • Workstation redesign: Provide adjustable keyboard trays, split or negative‑tilt ergonomic keyboards, a vertical or ergonomic mouse, and adjustable monitor arms to achieve neutral wrist and head postures (NIOSH, 2019; OSHA eTools, 2020).
  • Seating and posture: Supply an adjustable chair with lumbar support and train employees to sit with feet flat, hips slightly higher than knees, and forearms supported parallel to the floor.
  • Task rotation and micro‑breaks: Introduce short, scheduled micro‑breaks and rotate data entry tasks with analytical, non‑repetitive tasks to reduce continuous repetition (CDC, 2018).
  • Work organization and workload: Adjust productivity expectations to reduce prolonged high‑velocity typing demands; permit flexible deadlines where possible.
  • Training and early reporting: Provide ergonomics training on neutral postures, correct equipment adjustments, and early symptom reporting to enable prompt interventions (OSHA, 2022).
  • Assistive devices and software: Implement voice recognition, macro automation, and keyboard shortcuts to reduce keystrokes and mouse use.
  • Medical management and accommodation: When symptoms arise, provide prompt evaluation, temporary duty adjustments, and accommodations per ADA and return‑to‑work planning; coordinate with occupational health providers for treatment and graded return to full duties.

Employer Action Plan and Compliance

As HR manager, document the ergonomic assessment, implement prioritized controls, train supervisors and employees, and monitor outcomes. Use OSHA/NIOSH tools to quantify exposures and effectiveness. If the injury becomes work‑related, initiate workers’ compensation procedures; if non‑work‑related but disabling, consider FMLA/ADA obligations for leave and accommodation (U.S. DOL, 2024; EEOC, 2023).

Summary

Temporary disabilities implicate multiple legal frameworks: workers’ compensation for work‑related injuries, FMLA for serious health conditions, ADA for accommodation obligations, and employer benefit programs (NCSL, U.S. DOL, EEOC). For ergonomic MSDs, apply OSHA/NIOSH risk‑factor guidance to eliminate or reduce repetition and awkward postures via engineering, administrative, and medical controls. Timely assessment, appropriate benefits administration, and proactive prevention preserve employee health and reduce organizational cost and liability.

References

  • U.S. Equal Employment Opportunity Commission (EEOC). “Disability Discrimination.” EEOC.gov. https://www.eeoc.gov/disability (EEOC, 2023).
  • U.S. Department of Labor, Wage and Hour Division. “Family and Medical Leave Act.” https://www.dol.gov/agencies/whd/fmla (U.S. DOL, 2024).
  • U.S. Department of Labor, Occupational Safety and Health Administration (OSHA). “Ergonomics.” https://www.osha.gov/ergonomics (OSHA, 2022).
  • OSHA eTools. “Computer Workstations and Ergonomics.” https://www.osha.gov/etools/ergonomics (OSHA eTools, 2020).
  • National Institute for Occupational Safety and Health (NIOSH). “Musculoskeletal Health and Ergonomic Guidance.” https://www.cdc.gov/niosh/topics/ergonomics (NIOSH, 2019).
  • California Employment Development Department (EDD). “Disability Insurance.” https://edd.ca.gov/Disability/ (example state TDI program, EDD, 2024).
  • National Conference of State Legislatures (NCSL). “Workers’ Compensation Benefits.” https://www.ncsl.org/research/labor-and-employment/workers-compensation-benefits.aspx (NCSL, 2021).
  • Social Security Administration (SSA). “Disability Benefits.” https://www.ssa.gov/benefits/disability/ (SSA, 2024).
  • Bureau of Labor Statistics (BLS). “Nonfatal Occupational Injuries and Illnesses.” https://www.bls.gov/iif/ (BLS, 2023).
  • Centers for Disease Control and Prevention (CDC). “Workplace Health: Ergonomics and Musculoskeletal Disorders.” https://www.cdc.gov/workplacehealthpromotion/initiatives/ (CDC, 2018).

Related Assignments