As a result of the enactment of the 1970 Act of Occupational Safety and Health in the U.S, Occupational Safety and Health Administration (OSHA) was formed. The idea was to have a body that would ensure a safe and healthy working environment for employees. It sets rules and standards for employers to observe in order to achieve the vision. The rules entitle workers to risk and harm free working conditions, as well as the right to ask OSHA to inspect their workplace. Fears for unsafe or ailing conditions at the job place are to be reported to the employer. If the employee cannot contact the employer, he/she should file a complaint with OSHA (OSHA, 2013).
Casinos compose businesses that are hazardous such as carpenter shops, vehicle maintenance and sheet metal shops. Such establishments expose workers to harm such as noise and amputation that is part of OSHA’s tactical emphasis areas. Casino owners and employers fall under the private employers whose cover is either directly via the Federal OSHA or indirectly via the approved state program. Any complaint against casinos would therefore trigger an immediate inspection (United Stated Department of Labor, 2008).
Programmed inspection of highly hazardous sectors of employment is a part of OSHA’s policy. OSHA considers casinos and casino hotels as high-hazard industry. Casinos are prone to ergonomic hazards that harm workers’ musculoskeletal systems. The inspections are random, meaning; an urgent complaint would be handled with its weight (United Stated Department of Labor, 2008).
The presence of students can also trigger an immediate inspection. Increased workforce at OSHA brought by their summer Internship programs may provide avenue for inspection as they train students on conducting research on work place hazards.
Casinos provide good job opportunities as students enjoy working in the gaming industry during summer holiday. Workers at the casino premises increase during summer and since they are paid, OSHA covers them. Students at this time also engage in gambling activities increasing the attendance at the casinos. This may result in more dangers such as noise, air and substance abuse which are covered by OSHA.
The fact that students may be on attachment may rather not kindle any urgent inspection. This is because volunteers are not covered by the law. OSHA only covers employees entitled to wages and salaries (Fairfax, 1994).
The International Union of Engineers adopted and is committed to carrying out the Substance Abuse Testing and Assistance Program. The program aims at ensuring a drug free environment for employees. Drug abuse endangers workers’ safety and may interfere with the quality of service. A contractor under the Union is prohibited from using, selling, possessing or distributing illegal drugs within the work premises.
Random testing is done to several employees randomly selecting from a pool of a contractor’s employees list using the computer.
Implications of approaching the Union
The project will halt since no employee thought to be under the influence of drugs is allowed to operate any equipment including the crane. This may disrupt the project owner’s program of which may result in heavy losses. If results turn negative, the contractor may express signs of mistrust by the client. Such a work relationship may affect commitment to the project resulting in poor production. The project may also take long to be completed due to the unexpected operation. It is most likely that the casino will incur losses due to the delays.
Human Resource Executive willingness
The contractor shall cater for the transport costs to the testing facility. Other people would need to be interviewed, hired, trained and incorporated to work since the vacancy created by the employee needs to be filled. The long process for replacing the employee would turn uneconomical for the contractor. If the project halts, the contractor may not beat the deadlines. Likewise, if the tests turn to be negative, the employer will have to compensate the employee for the time lost. This would be extra costs for the employer. In an event where the tests turn positive, the contractor shall be penalized for negligence, the reputation would be destroyed and the company may be barred from winning contracts.
Due to the above factors, the Human Resource Executive may not be willing to implement random drug testing.
Options for the Union
The first union’s option shall be to conduct a random test as it is provided for by the agreement. Second is to advise the Human Resource Executive (HRE) of the contracting company to allow the workers not to report to work until all investigations are completed. Another option is to recommend general counseling sessions for the workers as they continue with the project. The last option is when the HRE is not willing to conduct a random test; which is to sue the contractor. This would result in penalties as provided for by the program agreement.
References
All About OSHA. (n.d.). What is OSHA? Web.
Construction Trades Substance Abuse Testing – AGC of Wisconsin. Web.
Fairfax, R. E. (1999). OSHA. United States Department of Labor. Web.
United Stated Department of Labor. (2008). OSHA Instruction CPL 04-00-017. Local Emphasis Program. Web.