Health Law and Regulation

Health Law and Regulation

Every health worker has the right to good working conditions to ensure motivation at work as well as the patient’s well-being. While some health organizations fail to fulfill the requirements of keeping their health workers satisfied with their work environment, some do their best to ensure their workers are well-kept and satisfied with their working conditions. For a health organization to ensure a superb working environment, it has to assure its workers that labor disputes will not affect the mission of the organization to provide the best quality patient care.

There many occasions that present labor dispute occasions, but the organization should work towards minimizing and solving such disputes to ensure the higher performance of workers. According to Title III, the employer should provide the employee is protected against being a subject of debt garnishment. Although Title III does not protect employees from being discharged or mistreated if his/her earning has been subjected to garnishment for any subsequent debt, the health organization should ensure optimum performance of workers. The health organization should ensure workers’ peace of mind by limiting the amount of their earnings, which can be subjected to wage garnishment in any pay period to at least 25% of their disposable incomes.

Also, the employer should ensure workers’ security and provision of quality health services to patients by limiting the wage garnishment to the stipulated rate of 25% of their total earnings for any debt despite their garnishment orders. As such, employees are assured of continued contribution to the organization, as well as the provision of quality services to patients.

Further, the Fair Labor Standards Act, which is enforced by the Wage and Hour Division, states that every employee is entitled to resolutions of wages related issues. Nothing keeps working at their best capacity than wages and fair treatment. According to this Act, a health organization should ensure full-time and part-time workers in the private sectors get minimum payments that match the set Federal minimum wage requirement.

Also, this Act states that workers with disabilities should be paid equally to their coworkers who are physically fit to ensure their best performance in the workplace. A health facility should ensure the wage section 14 © certificate is upheld and subjected to the requirements of the Executive Order 13658, which states the minimum wages for the work each employee performance. Additionally, the organization should resolve wage disputes of workers by determining the standards of employees of physically fit employees as well as workers that experience disabilities for similar work. As such, to eliminate such wage disparities among workers, the employer should ensure prevailing wage rates are paid according to the SCA contract. The SCA contract stipulates that every employee’s wages should match the employee’s productivity in terms of quantity and quality to improve their service delivery in all health care departments. If a dispute concerning payments arises, the organization should embark on reviewing and adjusting, if appropriate, at specific intervals. For instance, the organization should pay every worker according to their productivity per hour worked. It must be revisited every six months, and the current wage survey should be evaluated within twelve months.

In continuation, the employees’ right is paramount in their productivity, and patients care services. A health organization must ensure the justification of all employees’ wages. As such, the organization should resolve any wage disputes before the US Department of Labor Administrative Law Judge. Although these dispute petitions don’t follow a specific form, they must contain both parties (the employee and employer) physical address as well as names. To mitigate such disputes, the organization should uphold the rights of all workers to ensure their utmost performance in the health service delivery system.

Additionally, the health organization should implement engineering controls that limit exposure to physical hazards as well as toxic chemicals and substances while serving patients. The health organization should resolve disputes relating to employees affected by hazardous and harmful materials by developing job safety and health programs that conform to the state law as well as the Federal OSHA Standards. The employer should provide workers with protective, personal equipment that offers protection against various hazards and ensure employees are well trained to use this equipment effectively.

The effective use of equipment allows employees to perform their tasks to the utmost satisfaction of patients. Also, the employer should ensure the manufacturer of hazardous materials evaluate and communicates necessary information concerning the hazardous materials. It is essential for the health organization to ensure containers are well-labeled and have a safety data sheet to ensure workers work with them appropriately for the benefit of the patients.

If the worker fills that he/she is discriminated against or denied the ability to offer patients’ the best health service, he/she should exercise the rights under the OSHA employee protective act. The OSHA Act under section 11 © protects workers against employees who do not uphold the best employee standards. In case of any dispute, the employee should notify OSHA within 30 days from the day the discrimination action occurred and leave the OSHA to perform its investigations to ascertain the discrimination occurred. OSHA protects employees against employer reprisal.

References

United Department of Labor (2016). “Employment Law Guide – Defense Base Compensation.” Webapps.dol.gov. N.p., 2016. Web. 8 Dec. 2019.

United States Department of Labor (2016). “Employment Law Guide – Workers In Professional And Specialty Occupations (H-1B, H-1B1, And E-3 Visas).” Webapps.dol.gov. N.p., 2016. Web. 8 Dec. 2019.