Plant Services - May 2008 - (Page 61) TM Acme might have used a more creative policy. Perhaps Acme could offer lower-cost insurance to those who don’t use tobacco, but require users to pay the difference for the higher-premium insurance. In addition, Acme should recognize both the addictive nature of nicotine and the social and cultural attachment many people have with their right to smoke. Recognizing the difficulties people face when trying to quit, Acme could have instituted a smoking cessation program to support those who need assistance. While actively engaged in the cessation program, the lower health insurance rates could be applied with the company footing the bill. Smokers have just as much right to smoke as others have to a smoke-free environment. In the workplace, both smokers and non-smokers need to recognize the rights of others. Courtesy and reasonable policies can help avoid disputes.In many situations, a company can and should dictate an employee’s actions. Would you like to live next to a plant that produces toxic compounds, but has no policies or requirements requiring well-rested operators free of substance-induced impairment? However, there are practical limits. Activities that don’t have a significant effect on job performance should be left to the employees’ discretion. In legal terms, the federal government has a position (liberty of contract) that says a company is free to negotiate terms with others, and others are free to accept or reject those terms. Employees have the right to know what is expected of them and they can decide to accept employment or not. A company must consider the downside of overly restrictive policies: potentially higher turnover, difficulty attracting prospective employees, etc. In the context of the smoking policy, Acme can make not smoking a condition of employment. In that sense, it can have rules that are more restrictive than government regulations. This is frequently the case in safety and environmental regulations – companies provide more training or are more restrictive in the way they manage these programs. Certainly, a company can’t override laws, such as allowing employees to improperly dispose of hazardous waste, or paying less than the allowable minimum wage. If John is a U.S. citizen, of course he has the Constitutional right to the pursuit of happiness. He could have chosen to subjugate his happiness (smoking) to the other “happiness” of earning an Acme paycheck. The pursuit of happiness is alive and well, but there’s no requirement for Acme to accommodate John’s ultimate happiness: a job with the freedom of smoking when and where he wants. John basically made his choice by not accepting the terms of employment. Tom Moriarty, PE, CMRP Organizational Reliability Professional Services Consultant (321) 773-3356 tjmpe@alidade-mer.com May 2008 EMERGENCY OVERHEAD PROTECTION FROM ROOF • PIPE • MACHINERY LEAKS Eliminate Down Time! Protect Machinery and Stock! Perfect for offices, shops & warehouses 101 USES! Diverts water to window, drain or sink Price subject to change without notice Diverters • Your Choice INDIVIDUALLY PACKAGED 3’ x 6’ – $65.40 3’ x 8’ – $68.16 3’ x 10’ – $70.20 6’ x 6’ – $76.44 6’ x 8’ – $82.86 6’ x 10’ – $89.22 Industrial vinyl reinforced with polyester Heavy-duty garden hose attachment Solid brass grommets Suspension and hose not included. Other sizes available upon request. Water — so essential to life, yet it can be your worst enemy when you least expect it. At last a product has been developed to make those untimely leaks a little less frustrating. Our Water Diverter protects valuable areas and equipment from roof leaks until a permanent solution can be accomplished. It is our opinion that every building that has a fire extinguisher in case of a fire or a first aid kit in case of an injury, should have a least one Water Diverter in case of a disastrous roof leak. It is better to have one and not need it then to need it and not have it. Water pails in the middle of the floor are not considered Fire Protection. Keep the buckets out of sight — liability claims are there already. 1115 Main St., Holyoke, Mass. 01040 (413) 533-5347 Fax: (413) 536-4797 WWW.SUMLAC-DEWAY.COM www.PLANTSERVICES.com 61 http://www.wdgsilicones.com http://www.wdgsilicones.com http://WWW.SUMLAC-DEWAY.COM http://WWW.SUMLAC-DEWAY.COM http://www.PLANTSERVICES.com
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