Term
The Selection Process: What is the purpose of the preliminary screening interview, and how long should it take? |
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Definition
Eliminate obviously unfit candidates; Should be BRIEF (30 mins. or less) |
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Term
The Selection Process: What are the 4 screening strategies used? |
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Definition
Visual, Critical "Knockout" Questions, RJP (Realistic Job Preview), Review Application Blanks |
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Term
Describe the Visual screening strategy |
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Definition
Not just how you look. Appearance, posture, tone of voice, smell, etc. |
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Term
Describe the Critical "Knockout" Questions screening strategy |
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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? |
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Term
Describe the RJP screening strategy |
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Definition
Briefly describe job, the good AND the bad. Causes job acceptance rate to decrease, but retention rate to increase. Helps prevent reality shock |
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Term
Describe the Reviewing Application Blanks screening strategy |
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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 |
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Term
The Selection Process: Describe the application blank and how it should be used |
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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? |
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Definition
-Structured -Unstructured-depth-discussion -Problem solving -Group "work the room" -Stress |
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Term
What is the funnel analogy? |
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Definition
Describes structured vs. unstructured interviews. These are not mutually exclusive, just depends on which is used first. |
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Term
What is the most popular method for obtaining information in the selection process? |
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Definition
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Term
What is an example of the Halo problem in employee interviews? |
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Definition
Interviewer went to Baylor and so did interviewee, so the interviewer likes him. |
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Term
What is an example of the Pitchfork problem in employee interviews? |
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Definition
Interviewee is a Zeta and the interviewer was dumped by a Zeta 30 years ago, so he doesn't like her. |
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Term
What is an important thing to look at in Employment interviews? |
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Definition
Non-verbal cues "body language" |
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Term
The Selection Process: Should you use letter or phone to do reference checks and why? |
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Definition
Phone is better because of tone of voice, inflection, etc. |
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Term
For reference checks, what are the three areas of check? |
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Definition
-Work history (performance/salary/title/dates) -Education -Personal/Character (non-family) Ex. your preacher |
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Term
What are the legal problems with reference checks? |
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Definition
Privacy... some people will fear getting in trouble for slander/libel. |
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Term
The Selection Process: What is the concern with Intelligence (IQ) testing? |
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Definition
Concern about bias towards upper middle income backgrounds |
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Term
The Selection Process: In testing, what do interest inventories do? |
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Definition
Help decide what your interests are |
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Term
The Selection Process: In testing, what do aptitude and ability tests measure? |
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Definition
Aptitude measures potential skill; Ability measures developed skill. You can have one without the other |
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Term
The Selection Process: What do honesty/integrity tests measure? |
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Definition
Are you honest? Are you dependable? |
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Term
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Definition
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Term
The Selection Process: What does genetic screening measure? |
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Definition
Hereditary predispositions, including sensitivity to workplace elements (ex. chemicals if you are more prone to certain cancer, etc.) |
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Term
Can genetic screening in the selection process be used against applicant? |
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Definition
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Term
The Selection Process: When can a medical exam be done? |
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Definition
Must FOLLOW a job offer (ADA mandate) |
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Term
What is the last testing factor in the selection process, and how close to employment date should it be complete? |
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Definition
Medical Exam; Near as possible to employment date |
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Term
What are the reasons for performing Medical Exams in selection process? |
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Definition
Avoid unfair workers compensation claims, make sure employee is physically capable, check for communicable diseases |
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Term
What will the Medical Exam in selection process NOT test for? |
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Definition
AIDS, unless working with blood |
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Term
What is the problem with doing Medical Exams? |
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Definition
Costly and time consuming |
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Term
The Selection Process: Can job knowledge be an area of testing? |
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Definition
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Term
Assessment Centers: What are they used for? |
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Definition
Determining if a person would be a good fit in a certain job |
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Term
What is the Peter Principle? |
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Definition
You will rise until your level of incompetence |
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Term
What company is associated with assessment centers? |
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Definition
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Term
Do you have to be selected in your job to go to an assessment center? |
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Definition
No, you can volunteer to go |
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Term
Assessment Centers: How many participants per half week are assessed? |
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Definition
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Term
What is the normal testing done at assessment centers and when are they done? |
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Definition
mental ability, ability to reason, current events; done either before arriving at center or first thing at center |
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Term
Assessment Centers: What is the "In-basket" situation? |
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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. |
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Term
Assessment Centers: What is the "Business game" situation? |
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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) |
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Term
Assessment Centers: What is the "Promotion exercise" situation? |
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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 |
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Term
Assessment Centers: What is the "Labor dispute" situation? |
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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? |
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Term
What is the "key" to success in Assessment Centers? |
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Definition
Good evaluators who are proven managers. Assigned for 6 months |
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Term
Assessment Centers: Describe the Evaluation |
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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. |
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Term
What are some problems when using Assessment Centers? |
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Definition
-costly -too competitive -"crown princess/prince" considered the heir apparent by co-workers can lose a lot of friends |
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Term
What are the most "dangerous" or "hottest" tests to give and why? |
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Definition
Personality testing; delves into the mind/soul |
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Term
|
Definition
Minnesota Multiphasic Personality Inventory |
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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? |
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Definition
MMPI; Minnesota University Professors, 567 T/F/Cannot say answers, 6th grade reading level for "readability" |
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|
Term
What is the MMPI-2 and how many of the questions were modified from the original? |
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Definition
Revised version of MMPI with 250 of the previous questions modified |
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Term
Who did the old MMPI not work well with? |
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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. |
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|
Term
What were 3 additions to MMPI-2? |
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Definition
Eating disorders, drug abuse, type A personality (workaholics) |
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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 |
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Term
When can MMPI-2 be given and why? |
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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. |
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|
Term
How does MMPI-2 hold up in court? |
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Definition
Test does well in court. Courts have almost always supported test |
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Term
What is another name for Integrity tests? |
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Definition
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|
Term
What are the three main companies that provide Integrity tests? |
|
Definition
-Reid psychological systems -Stanton Corporation -London House |
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|
Term
How accurate do the providers of Integrity tests claim their tests are? |
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Definition
85% accurate in spotting potential thieves or dishonest/undependable people |
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Term
What did the American Psychological Association report about Honesty tests? |
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Definition
Some of the tests work, meaning they can help predict which prospective employees may steal or prove undependable |
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Term
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Definition
Look for personality traits in your handwriting |
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|
Term
Where is Graphology still very popular? |
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Definition
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|
Term
How many personality traits does Graphology claim to measure? |
|
Definition
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|
Term
What kind of technique does Graphology use? |
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Definition
Double Blind; you don't know you're being tested, and graphologist doesn't know you (besides maybe age, gender, etc.) |
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Term
U.S. Department of Labor moved job title of Graphologist from _____ category to _____ category in 1991 issue of Dictionary of Occupational Titles. |
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Definition
Amusement and Entertainment; Miscellaneous Professional |
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Term
What is GINA and what does it do? |
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Definition
Genetic Information Nondiscrimination Act (2008); Prohibits U.S. insurance companies and employers from discriminating on basis of information derived from genetic tests |
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Term
What president signed GINA into effect? What were the numbers for the Senate and Congress passing it? |
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Definition
-President Bush -Senate 95-0 Unanimous -Congress 414-1 (1 was Ron Paul) |
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Term
Under GINA, the EEOC definition of Genetic Information includes what? |
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Definition
Information about an individual's family medical history |
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|
Term
Under GINA, are insurers and employers allowed to request or demand a genetic test? |
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Definition
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Term
|
Definition
Enzyme multiplied immunoassay test; A urinalysis test. |
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|
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. |
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Term
|
Definition
Gas Chromatography, Mass Spectrometry; A urinalysis test. |
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Term
What are the positives and negatives of GC Mass Spec? |
|
Definition
+: Highly accurate -: Expensive ($200) |
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|
Term
What are some limitations of Urinalysis methods of drug testing? |
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Definition
False positives through improper handling procedures; determines presence of drug, but not amount, frequency, recency, or impairment level |
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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 |
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Term
Urinalysis: What is the appropriate quantity of urine? |
|
Definition
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|
Term
Urinalysis: Does gender of collection site monitor matter? |
|
Definition
Yes; must be person of same gender as donor. Observers not allowed in California |
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|
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 |
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|
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 |
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|
Term
What are some positives and negatives of RIAH? |
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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 |
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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 |
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|
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) |
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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 |
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|
Term
What is the definition of total compensation? |
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Definition
Monetary return paid to employee for work done... to attract, retain, gain a competitive advantage, and motivate |
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|
Term
What are the 3 needs compensation fulfills? |
|
Definition
Recognition, safety, physiological |
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|
Term
Under the Fair Labor Standards Act (FLSA), what government agency does enforcing regarding compensation? |
|
Definition
Wage and Hour Division of Department of Labor |
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|
Term
What is a necessity for HRM to do well, and for employees to work? |
|
Definition
Compensation. Don't mess up pay checks! |
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|
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) |
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|
Term
Under FLSA, what is exempt vs. non exempt? |
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Definition
Exempt employees are not covered for overtime compensation under FLSA. Non-exempt employees must be compensated for overtime worked over regular pay period |
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|
Term
What are the 3 Objectives of Pay (compensation)? |
|
Definition
-Externally competitive -Internally equitable -Individually equitable |
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|
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 |
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|
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 |
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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 |
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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 |
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|
Term
What are the 3 variables of Pay Surveys? |
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Definition
-Job Titles: include 10-15 jobs and no more -Industries: which industries and companies to send to -Geographic distance: how far to send |
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|
Term
What are the 2 keys to success in Pay Surveys? |
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Definition
-Include brief job descriptions -Guarantee a copy of results to participants (either free or reduced charge) |
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|
Term
What is one thing you must be sure to include on Pay Surveys? |
|
Definition
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|
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
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|
Term
What are 3 characteristics of Job Evaluation? |
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Definition
-Widely Used -"Successful" -Committee with participation of various levels |
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|
Term
Job Evaluation: What is the Factor System method? |
|
Definition
most complex method; benchmarks jobs |
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|
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. |
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Term
Job Evaluation: What are the 3 factors used to assess jobs in the Hay Plan? What does Hay Plan pay? |
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Definition
-know how -problem solving -accountability Pays what the job is worth. |
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|
Term
Job Evaluation: What is the Market Based Compensation method? |
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Definition
Ignores internal equity and lets the market dictate salaries, much like professional sports. |
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|
Term
Job Evaluation: What is the Classification method? |
|
Definition
gives jobs classes/grades, like GS (general schedule) system in government |
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|
Term
Contemporary Issues in Designing Pay Systems: What are 4 options for adjusting wages and salaries? |
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Definition
-General increase -Merit: "pay for performance" -COLA: based on CPI/inflation -Seniority/longevity: can help you or hurt you |
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|
Term
Contemporary Issues in Designing Pay Systems: Why is it hard to keep a system up-to-date? |
|
Definition
Market moves very quickly |
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|
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 |
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|
Term
Contemporary Issues in Designing Pay Systems: Supplementary Unemployment Benefits (SUB) can be a component of _____ ? |
|
Definition
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|
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 |
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Term
Contemporary Issues in Designing Pay Systems: Regarding pay security, what is a Golden Parachute? |
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Definition
An employment contract common for only TOP management. Ex. 3-5 years salary if you lose your job |
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|
Term
Contemporary Issues in Designing Pay Systems: What is the most common "security" for those without a contract? |
|
Definition
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|
Term
Contemporary Issues in Designing Pay Systems: What is compensation Compression? |
|
Definition
When there is very little pay difference based on seniority |
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|
Term
What are "Golden Handcuffs"? |
|
Definition
Administrative issue where someone feels they can't quit because they would lose their benefits |
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|
Term
What is Pay Secrecy like in the U.S.? |
|
Definition
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|
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 |
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|
Term
What is another name for indirect compensation? |
|
Definition
Fringe Benefits (benefits and services) |
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|
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 |
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|
Term
Public Protection Programs: What is OASDI? |
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Definition
Old Age, Survivors and Disability Insurance (Social Security) from 1935 |
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|
Term
What kind of Death Benefits does OASDI provide? |
|
Definition
nominal burial expense of $255 |
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|
Term
Under OASDI, what are the health insurance benefits called, and who got that passed? |
|
Definition
Medicare: LBJ got it passed in 1965 |
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|
Term
Is OASDI meant to be lived on? |
|
Definition
No; supplemental income/foundation of basic security |
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|
Term
What are 4 categories of Public Protection Programs? |
|
Definition
-Social Security -Unemployment compensation -Medicare -Disability and worker's compensation |
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|
Term
Unemployment Compensation: What 3 private industry companies started it first? |
|
Definition
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|
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. |
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|
Term
7 Criteria to be eligible for Unemployment Compensation |
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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 |
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|
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 |
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Term
How long does an employer have to protest an Unemployment Compensation claim? |
|
Definition
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|
Term
Does Unemployment Compensation cover "voluntary" separations? |
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Definition
No (ex. teachers, professional athletes, non citizens, terminations) |
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|
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) |
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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 |
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|
Term
What is the key word that keeps a person from receiving Unemployment Compensation? |
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Definition
Misconduct; company's disciplinary system will be the issue. Can company prove misconduct? Was it worth firing? |
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|
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) |
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|
Term
Private Protection Programs: When were Pensions first introduced? |
|
Definition
Shortly after WWII (a relatively recent benefit) |
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|
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) |
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|
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 |
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|
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" |
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|
Term
What is PBGC and what does it do? |
|
Definition
Pension Benefits Guaranty Corp.; insures pensions against bankruptcy, merger, etc. |
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|
Term
Health Care Benefits: When can you change your medical care approach choice? |
|
Definition
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|
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. |
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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 |
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|
Term
|
Definition
Preferred Provider Organization; a medical care approach employers can offer as a health care benefit |
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|
Term
|
Definition
Health Maintenance Organizations; a medical care approach |
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|
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 |
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|
Term
On the job paid leave: How long must a lunch break be for a company to compensate? |
|
Definition
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|
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 |
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|
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) |
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|
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 |
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|
Term
Life Cycle Benefits: How do people generally feel about Eldercare? |
|
Definition
"Less is more." People really just want understanding. |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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.) |
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|
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 |
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|
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? |
|
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)? |
|
Definition
|
|
Term
Define Safety and the descriptors of "Injury" |
|
Definition
Avoidance of injuries (immediate/violent/traumatic) |
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|
Term
Define Health and the descriptors of "Physical Conditions" |
|
Definition
(avoidance of) physical conditions other than injuries (slow/cumulative/irreversible) |
|
|
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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