A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.
These mandates and the regulations that implement them cover many workplace activities for about 10 million employers and million workers.
This brief summary is intended to acquaint you with the major labor laws and not to offer a detailed exposition.
For authoritative information and references to fuller descriptions on these laws, you should consult the statutes and regulations themselves. The act is administered by the Wage and Hour Division. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.
For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous.
Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers.
Employers also have a general duty under the OSH Act to provide their employees with work and a workplace free from recognized, serious hazards.
OSHA enforces the Act through workplace inspections and investigations. Compliance assistance and other cooperative programs are also available. The FECA, administered by OWCP, provides benefits for wage loss compensation for total or partial disability, schedule awards for permanent loss or loss of use of specified members of the body, related medical costs, and vocational rehabilitation.
Title I of ERISA is administered by the Employee Benefits Security Administration EBSA formerly the Pension and Welfare Benefits Administration and imposes a wide range of fiduciary, disclosure and reporting requirements on fiduciaries of pension and welfare benefit plans and on others having dealings with these plans.
These provisions preempt many similar state laws.
It protects union funds and promotes union democracy by requiring labor organizations to file annual financial reports, by requiring union officials, employers, and labor consultants to file reports regarding certain labor relations practices, and by establishing standards for the election of union officers.
Employee Protection Most labor and public safety laws and many environmental laws mandate whistleblower protections for employees who complain about violations of the law by their employers. Remedies can include job reinstatement and payment of back wages. OSHA enforces the whistleblower protections in most laws.
Uniformed Services Employment and Reemployment Rights Act Certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service.
This includes those called up from the reserves or National Guard. This law bars most employers from using lie detectors on employees, but permits polygraph tests only in limited circumstances. It is administered by the Wage and Hour Division. The Family and Medical Leave Act Administered by the Wage and Hour Divisionthe Family and Medical Leave Act FMLA requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.
They are provided preference in initial hiring and protection in reductions in force.
Government Contracts, Grants, or Financial Aid Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety and health standards under: Administration and enforcement of these laws are by The Wage and Hour Division. The Office of Federal Contract Compliance Programs OFCCP administers and enforces three federal contract-based civil rights laws that require most federal contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity.
The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements. The Wage and Hour Division administers this law. The Fair Labor Standards Act FLSA exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on larger farms farms employing more than approximately seven full-time workers.Mine Safety and Health News The only independent, credentialed, legal news service covering MSHA and FMSHRC, mine safety and health issues, and case law.
This group includes all classes of positions, the duties of which are to advise on, administer, supervise, or perform professional legal work in the preparation for trial and the trial and argument of cases, the presiding at formal hearings afforded by a commission, board, or other body having quasi-judicial powers, as part of its administrative procedure, the administration of law entrusted.
§ Implementation of Texas Essential Knowledge and Skills for Transportation, Distribution, and Logistics, Adopted (a) The provisions of this subchapter shall be implemented by school districts beginning with the school year.
1 Legal Provisions for protection of health and safety at work in India Jagdish Patel Summary: Laws regarding protection of health and safety at work in India have been.
The Occupational Health and Safety Act, ("the Act) is the main piece of legislation providing Victorian workers with rights in occupational health and safety. The introduction of its predecessor in Victoria in was the result of many years of hard work on the part of the union movement.
The site for free, objective information you can use! Search the site: Table of contents of free guides, information and resources Email this page to a friend, or to yourself.