According to the Oxford English oxford dictionary, a tort is an intentional or unintentional harm to another person or property. In most organizations, employees are exposed to various risks as they perform their daily tasks. The risk may be intentional when both parties, that is, the employer and the employee are aware of the dangers they are putting themselves into; for instance, when an employee works without observing safety precautions such as not putting on protective clothing.
According to Fisher, most people think that it’s only the employee who losses much but the employer on the other hand losses money and the reputation of his institution (5). This monetary loss is incurred through compensations that are paid out to employees and also the heavy medical bills that are usually paid by the employer.
Employers who do not check the environment of their employees and the quality of their products are prone to legal suits because if such products are consumed by the public they might cause illness hence they should consider hiring quality assurance officers who should monitor the procedures involved in performing tasks.
Unintended risks include mechanical fault which exposes the employees to bodily harm and sometimes may cause death. This risk may be unintended depending on whether the employer was aware of the fault but chose to ignore the plea of employees to have the working equipment diagnosed.
That’s why employers who deal with deadly substances buy an insurance policy for their employees because they know if the employee sued them they would have an upper hand. But the money paid out due to body injuries cannot buy the lost body part hence legislators should come up with a law that commands employees to continue paying their employees who have been out of work due to injuries.
Malnic argues that employers can be sued for exposing the communities living near their organizations to toxic waste. The law acknowledges the communities rights thus the employer should be cautious when disposing of waste (15). In some countries employers are forced to pay for the pollution they cause to the environment. But such legal suits can be prevented by recycling waste and generating energy which can later be sold to the adjacent neighborhoods.
In a typical organization, damages can be prevented by secluding areas that are perceived to pose great risks. This can be done by constructing perimeter walls around such places and also allowing only qualified personnel to operate the equipment.
The above-mentioned task should be executed by the team manager because in some cases brought to court the organizations that are being sued lose because they are found to be guilty of negligence. In such a scenario the insurance company may decline to pay out compensation because they feel the harm did not occur naturally but was induced.
When employees are aware of the risks they are exposed to but fear to decline because they don’t have a voice they work with nervousness because they don’t know when the expected disaster will happen and thus their productivity declines. An organization that is coupled with accidents that are not accounted for is not preferred by most employees and that’s when employees leave that organization and opt to look for greener pastures elsewhere. Even if the employer is paying a six-figure salary but does not shield the welfare of his employees the monthly earnings become useless.
Managers should ensure risk detecting devices are installed such as smoke detectors because these devices will alert the employees early enough hence preventing intensive injury and property destruction. Employers should train their employees on how to use fire fighting devices and should establish a fire escape plan that should be displayed. This is necessary because in some instances the employees are confused about what they should do and what they shouldn’t. Managers should ensure that any agent who commits a tort is liable for such an offense (Emerson 298).
Managers should ensure all the employees are sober because if they are not they may cause accidents which may cost the organization dearly. The various mechanisms in a workplace should be regularly checked to make sure they are in good working condition.
References
Emerson, Robert. Business Law. 5th ed. New York: Barron’s Educational Series, 2009. Print.
Fisher, Daniel. ”November Election: A Lawyer’s Delight.” Forbes Magazine. 2008.
Malnic, Eric.”GM files appeal of $1.2-Billion verdict, calling trial unfair”, Los Angeles Times. 2000.