Abstract
This paper presents the dynamics and aspects of the regulatory framework’s impact on health and safety standards as defined by the Occupational Safety and Health Administration of the United States of America. It explores the implications and impact of the OSH Act on manufacturing companies.
The theoretical framework constitutes the tenets of an institutional theory, which has been used to delineate the interaction between an organization’s internal and external factors, enunciated in the PESTEL framework that has been used to characterize the external environment within which companies and any organizations function. The legal paradigm is the most important factor in the scope and objectives, as entailed in the PESTEL framework. The paper takes a significant thrust in outlining the safety and health regulations of a featured case company compared to the standards of OSHA. The paper culminates in a coterie of recommendations for the features of the company’s safety and health compliance enhancement plan.
Introduction
Occupational Safety and Health Administration (OSHA) is a United States of America entity formed by Congress in the auspices of the occupational Safety Health Act ratified by President Richard M. Nixon in 1970. The administration focuses on enforcing health in and safety measures for workplace safety as well as health. The act has brought some transformations and changes in the various industry spheres as the protection of employees at work take center stage. The ASH statute is also premise for the establishment of national Institute for Occupational Safety (NIOSH) a research entity that specializes on occupational health and safety. The entity is nonetheless not an establishment of the U. S department o labour. OSHA regulations drafted by the Federal Government are design d t for the protection of workers largely in the private sector. The OAS allows states to alter passed blueprints that focus on covering public sector employees in providing the kind of protection which is equivalent to that offered by the Federal OSHA regulations. The Mission and commitment of OSHA is to assure safe and healthful work environments for male and female employees.
The values of OSHA are founded on the principle of respect which advocates for the treating of all persons with respect in cognisance of individual’s differences and contributions. The vision of the OSHA is hinged on arriving at an effective health and management system in every workplace in America.
Aims and Objectives of paper
The aim of this paper is explore the impact of the legislature on industry domains particularly those which directly fall under the implications and target of the OSHA statutes. The adherence to the ASH guidelines and regulations is expected to promote as well as assure workplace safety and health and also the eradication of workplace fatalities, injuries and illnesses. In light of the foregoing the paper aims to draw comparisons between the OSHA standards and the health and safety regulations of battery manufacturing company. For the purposes of this study the health and safety regulations of a battery manufacturing company Superlex will be used. Superlex is a US company that specializes in a manufacturing batteries and a wire ranging spectrum of automotive, commercial and marine products. The company has drafted health and safety regulations in tandem with OSHA as a move of compliance to institutional authority and commitment to the ideals of protecting and safeguarding employees as well as ensuring safe and health workplace environment for the employees.
Theoretical Background
This study is premised largely in the tenets of safety and health regulation models and paradigm which holds that strategies are about exercising choices by organisation’s decision making organs. In Child (1972) terms, “It adopts a perspective that envisions a more deliberate and participatory role of managers”. The paradigm holds that managers will maintain a significant capability and, more important, creative power to make strategic decisions, determine resource allocations, and shape organizational structure (Child 1997; Miles and Snow 1978) in line with the demands of statutory authority. That means manufacturing company managers can play an important role in determining firms’ strategies, so the data collected on manufacturing companies is valued for analysis.
On another the dimension the paradigm recognises that safety and health regulatory conditions have a bearing on the selection reasonable strategies as well as the appropriateness of particular organisational structures.
“As such, the environment presents threats and opportunities and affects information flow in determining the boundaries or parameters of manufacturing companies’ structures” (Child 1997).
As managers’ choices will be affected and influenced to a significant extent by environmental conditions, the PESTEL framework becomes feasible and handy conceptual design to that can be employed to examine and characterise the factors that affect manufacturing company structure in line statutory health and safety regulation. The PESTEL framework places various factors and dimensions of influence into six main classes which are political, economic, social, technological, environmental and legal factors. The legal aspect of the PESTEL model of characterising the structure, functionalities and operations an organisation becomes the most for the scope and objectives of this study.
These factors are interlinked and interdependent. A change in any of the highlighted factor swill trigger ripple effects across the board and impact on other associative factors as well. The effects have pervasive impact on the entirety of the competitive environment within which the multinational organisations operate. This implies that managers must be abreast with all and especially key drivers of change in order to make the adequately informed decisions which yield desired outcomes for their organisations.
Statistics
According to OSHA, the total recorded and days Away/restricted case rates continued to decline showing that fewer American workers encountered safety or health hazards culminating in grave harm or illnesses. According to OSHA the rates for Calendar year 2007 came pout lower than the figure of the previous year and such came out to be the lowest rates that BLS has ever recorded. Its not only the recordable worker injuries which have lowered significantly but also the days Away/Restricted case rate which function as measure of workers’ absence form work, restricted or moved due to workplace injury and/or illness which diminished by 19.2% over the same period of time.
Workplace fatality Levels
Statistics gathered by OSHA indicate that that OSHA is making headway in reducing the instances of workplace injury and deaths. According to OSHA, In the year 2007 the rate of fatal work injuries was as low as 3.7 fatalities for every 100 000 workers; a figure down from the 4.0 ratio of the previous year. On record, the rates are the all-time lowest accomplished since the Bureau of labor Statistics instated its census of fatal Occupational harms in 1992.
Summary
The activities of OSHA in line workplace safety and health regulations have achieved significant headway in reducing instances of workplace deaths and injuries through focusing on most hazardous workplace s as well as the employers that have high injury as well as illness levels. Dynamic thrust that enlist EEP, SST as well as NEPs have enhanced the approach by OSHA to effectively distinguish serious safety and health danger sin workplace as a way of addr5essing reluctant employers and company owners especially in hazardous products manufacturing industry. Activities of OSHA translate to meaning value add for both employers and employees. The paper will focus on how the stature and regulations of OSHA have influenced manufacturing industries activities with specific focus on work place safety and health standards in light of OSHA regulations. The paper will culminate in mapping perceived recommendations for the improvement of the health and safety thrust by manufactures.
Research Ideology and methodology Justification
Case Study and Qualitative Research models
To meaningfully frame the ideological, theoretical and conceptual platform for the research into the dynamics and aspects as well impact of health and safety regulation on manufacturing industry it is imperative for the researcher to consider research models that will enable the researcher to bring a considerable proportion amount of research detail into perspective. The research thrust will adopt the two salient research theoretical frameworks, the positivist and non-positivist research paradigms. (Barker E: 2003) contends that the positivist theory entails the economic, behavioral, cognitive, motivational/trait/attitudinal, and situational viewpoints. According to the scholar the viewpoints are treated as the conventional perceptions as they came before the crafting of the non-positivist model.
In the views of the scholar, the positivist model which is still the principal framework reinforces the superiority of human reason and stresses that there is one objective reality which can be unearthed by scientific means. As such this design renders the world as an ordered and coherent environment with a well defined past, present and future. The tenets of the theory are clearly underpinned on the suppositions of rationalism. On the other end the contrasting non-positivist model holds the interpretive and post-modern viewpoints. Tenets of this model entail that the world be view as s composite social and cultural world contrary to the viewpoints of the positivist paradigm which hold the world in a rationality view that supposes a homogenous social fabric. Leveraging on the theoretical and principal tenets of largely, the non-positivist research theory, this research exercise will provide perspectives, findings and insights that will assist in the exploration of the dynamics that characterise the archival methods and techniques in contemporary domains attached to historical heritage preservation.
Owing to its merits and scientific thrust in treating quantitative aspects of phenomena quantitative research is widely used in both the natural sciences and social sciences. The employment of the research paradigm spans various disciplines such as physics and biology to sociology and journalism. “It is also used as a way to research different aspects of education. The term quantitative research is most often used in the social sciences in contrast to qualitative research.” Thomas Kuhn (Opcit). Below is an overview of quantitative research presented by Thomas Kuhn (Opcit). According to the source quantitative research is generally approached using scientific methods, which include:
- The creation of frameworks, theories and hypotheses
- The generation and development of tools and systems for measurement
- Experimental regulation and manipulation of research variables
- Gathering of empirical data
- Organisation and analysis of data
- Evaluation of collected results
Scholars cited above state that quantitative research is often an iterative systematic process whereby gathered evidence is evaluated, theories and hypotheses tested and some formulated. Qualitative research will thus be largely used in his study thrust to bring key issues into perspective whilst leveraging on empirical research matter tapped through the qualitative research thrust.
Secondary data
The research endeavor will also augment the primary data gathering and evaluations by conducting a secondary data gathering and evaluation thrust. Secondary data gathering draws much from published literature on the subject directly under the concept and scope focus of the research endeavor. According to Stewart and Kamins (1993), the use of secondary data is advantageous for a researcher since one can already evaluate the suitability of a data as it is already in existence, thus, much time can be saved. Before delving into secondary sources of data, an evaluation of potential secondary data is essential as a way of screening resources to establish the relevant sources of information which will provide relevant data germane to fulfilling research scope and objectives. The qualitative thrust will be conducted in from of a literature review which will present relevant and related insights and nuances from published literature on the subjects under probe. It is perceived that these research approaches will suffice to help arrive at meaningful positions regards feasible archival methods and techniques.
Case Study
The featured case scenario presents dynamics of techniques and methods in archival domains with particulate focus on archeological archiving. The case scenario seeks to illumine the impact of the regulatory framework on manufacturing industry with specify focus on a battery manufacturing company in eth United States, Superlex. The study will examine how the company has drafted and implemented workplace health and safety policy in tandem with the OSHA standards.
This research exercise is not being conducted in a vacuum. The research exercise fits into a broad body of knowledge which has had numerous contributions from various scholars, researchers, professionals and students who have carried similar or related research exercises. Also the scope and objectives of this research endeavor occurs within related and implied theoretical, ideological and philosophical frameworks which largely influence the disciplines of business. As such the researcher is spurred to consider the multiple contributions relevant and related to this research endeavor. The researcher will present a literature review conducted in locating the object of this study within the broader confines of the bodies of knowledge in focus.
Impact of Regulation
Organizational and Environmental Factors
Organisations do not exist in a vacuum and the same applies to companies in the manufacturing industry who have to influence by external forces. The nature and stature of the organisations is shaped largely by internal factors as well external factors. Internal factors entail organisational management strategy, organisational culture and ideology among a host of elements that constitute the organisation. External factors include the concrete and abstract environments in factors social, political, geographic, demographic and economic among many others. Various studies have attempted to substantiate the claims presented which hold that the pathway that an organisation likely to adopt in organisational management, change and transition processes is shaped by the complex interaction of different organisational and environmental factors.
According to Ljiljana Erakovic and Michael Powell (2006) a pathway is a specific progression of changes in an organisation’s development process which may include several stages within or between organisational configurations.
“The matter of a pathway entails structural measures, organisational methods and systems as well as cultural and interpretative models”, (Hinnings and Greenwood in Erakovic et al: Opcit). In Tandem with the scholars perspectives is the notion that determinants to what pathway will be adopted are shaped largely by the forerunning relations (both internal and external) an organisation has had. These perspectives lay a foundational perceptual framework for exploring as well as substantiating the thematic positions holding that the pathway or direction an organisation is likely to adopt is largely determined by the complex interaction of the both organisational and environmental factors.
Companies in the manufacturing industry have to be structured for survival, growth and efficiency. This has pervasive implications on the organisations’ management fabric that must model the organisation’s strategies in tandem with demands exerted by external influences. Royston Greenwood (1996) concurs, “Manufactures in the 21st century do not exist in grand seclusion. It is highly questionable whether business entities ever did, even if someone can present an argument for the self-reliant society in the past. Today Companies are part of a larger network of organizations with which they interact, operate and critically dependent upon.”
What is noteworthy in observations is that that these set of connections also entail related associations with other networks which culminate in cob-web of interlinking relationships. The preceding nuances underscore the significant impact that external organisational environment bears on that Manufacturing companies are consistently under pressure to adopt measures of consolidating their positions and keeping compliant and competent in a rapidly evolving contemporary business landscapes especially in the face of the sweeping transformations on employee right to workplace health and safety. In such circumstances the organisational factors might entail an entity’s aims and objectives of growth and sustainability by leveraging on working networks. On this particular focus the salient external factor is in form the legal framework within which manufacturing companies operate.
An example of this interaction between an organisation’s factors and environmental factors is well represented in the changes adopted by the Superlex, battery manufacturing company in US. The giant in battery manufacturing business transformed its business approach by complying to the requirements defined by the Occupational Safety and Health administration (OSHA).
Scholars such as Greenwood and Hinnings (Opcit) have posited that although institutional theory is not generally viewed as providing a model of organizational change and structuring it provides an explanation of important issues of organizational dynamics. Erakovic et al (Op.cit) also state that institutional theorists have shown why some organizational arrangements become wide spread across sector boundaries and why organisations under similar institutional pressures, may experience different patterns of change. The pathway and global business strategy related models must thus be construed in the manner in which they illustrate the paradigms of changes and pathway chosen in relation to various dimensions that are based on especially manufacturing companies’ features and characteristics. The model by Michael Powell et al presents probable outcomes of the particular path ways whose choice culminates from particular organisational dimensions.
The model presents three pathways, the incremental, radical and reductive pathways. The incremental pathway is prompted by dimensions such as established industry standards as well deregulation and competition in associative influence of owners’ strategic intent on stability and market driven expansion. Chief among the outcomes of this pathway is the improvement of current competencies as shown in diagram. (Figure 1)
The notable thrusts in the illustrations of the incremental pathway shown on the diagram allude to the tendency by organisations to adapt to drastic environmental changes in radical forms. In concurrence with this notion Miller and Friesen in Powell et al (Op. Cit) fitly echo that, “thriving past experiences, intensely entrenched ideologies, powerful inside alliances and normative rather than coercive pressures all drive the manufacturing to extrapolate precedent trends, and to execute new radical changes.”
On another angle the radical pathway is presented as an illustration of the overhauling structural changes that organisations implement in their quest to strengthen and reinforce their functionalities and approaches towards the accomplishment of their set business goals and objectives in tandem with requirements aspects of particulate statutory authorities. Organizations undergo the process of reorientation by re-creating their past values and redesigning their strategy and structure” (Hinnings and Greenwood: 1988) In this transitional model, the influences on manufacturing companies’ of regulatory bodies have a significant bearing on the kind of pathway that a particular organisation is likely to adopt into the future. Organisations undertaking transitional or changes measures in this model have to refer and tap into their value system and organisational culture to the re-fashion their system commensurate with change demands exerted by the external obverses such as statutory (regulatory) institutional authority. This illuminates the interplay of manufacturing companies’ internal factors as well as regulatory factors in transitional processes. David Smukowski, UW CIE, (2006) presents a catalogue of valuable definitions and perspectives ion the subject of sustainability. The author cited above defines sustainability as a pro-active approach to ensure the long-term viability and integrity of the business by optimizing resource needs, reducing environmental, energy or social impacts, and managing resources while not compromising profitability.
According to the author organisational (business) sustainability is the increase in productivity and/or reduction of consumed resources without compromising product or service quality, competitiveness, or profitability. The author gives following examples.
Facility efficiencies (HVAC, water, raw materials, etc.), material and process improvements, supply chain efficiencies, products or services that are more efficient (i.e. hybrid cars, renewable fuels, etc.), recycling, telecommuting, optimization of any resource use. The case scenario featuring the company Superlex has illuminate illustrations of the forgoing given the thrust s at versatility and dynamism by the company in quest of the accomplishment of the multi-dimensional compliance and sustainability drives.
The PESTEL Framework
The PESTEL framework presents a feasible and formidable framework of assessing and examining the macro–environmental factors that influence structures operating within the environment. Various factors impact directly or indirectly on the operations, functions and structure of an organisation among other things. The PESTEL model comes in handy in the examination of these factors by enabling the categorisation of the factors to draw lucid distinctions among them. PESTEL framework offers the following categorisation of macro-environmental factors
Political Factors– relate to extent to which political ideology and governments interventions impact on how the economy is run. Political ideological frameworks have a significant bearing on economy models and structure which has further bearing on the business organisations.
Economic Factors-This category in PESTEL Framework entails elements such as interest rates, tax changes, exchange rates, inflation GDP growth etc. Changes in these elements have pervasive effects on business organisations and such elements have to be factored in the strategy formulation and implementation.
High interest rates are normally viewed as investor-unfriendly since they imply that it will cost more to borrow money. From another angle a highly valued currency thwarts exporting endeavors owing to high foreign currency prices. High inflation destabilises the economy as it triggers wage demands pressures while on the other end a growing national income increases demand for products and services.
Social Factors– The social fabric and changes obtaining in it in any community or market have critical implications for business organisations. One example of this can be drawn from the consideration that the UK population is largely considered to be ageing and this has upped costs of companies focusing on pension payments for their personnel since their employees are living longer.
Technological Factors – In wake of phenomenal technological breakthroughs business organisations will make it or break it depending on how they position themselves against the trends in technological developments. Technological factors also impact significantly on an organisation. Technology advancements result in the creation of new products which will in-turn lead to the creation of services that relate to the use and maintenance and repairs of the products. Environmental Factors– These relate to the features like weather and climate change. There are certain business activities such as tourism and farming which are directly influenced by such environmental factors. Gillespie (2007) contends that the phenomenon of global warming for instance, coupled with growing levels of environmental awareness environmental factors have become a critical matter for companies to consider.
Legal Factors– legal factors pertain to the legal framework within which business organisations operate. It is known that institutional authority as wells legal impositions have a direct bearing on the behavior of companies. Regulations promulgated around aspects of minimum wage, discrimination and labour legislation for instance have direct impact on the shape and behaviors of business organisations. The category can be explored in the assessment of its sub-categories. The sub categories here entail consumer laws, competition laws, labour laws, healthy and safety regulation, etc. These have significant impact on how manufacturing companies conduct business. This final aspect of the PESTEL model becomes the most important in the conceptual scopes and objectives of this study.
Case study
Difference between OSHA standards and the Superlex regulations on workplace health and safety
The ACT on which the formulation of OSH is based holds an employer to be any person engage in business affecting commerce who has engaged employees but does not necessarily included the United States or any State or political subdivision of the state. The act thus is applicable to employers across the wide commerce spectrum entailing construction, law, charities, labour and hospitals etc. Organisations such as churches are also classified within the sane category if they engage employees for circular purposes. Superlex falls directly under the category of the companies affected by the OSHA regulations as battery manufacturing company.
OSH is promulgated on the basis of Section 5 of the Act which outlines the general duty clause. The elements of the clause will be compared with actual health and safety regulation of the case company under probe, Superlex.
The general duty clause demands employers to;
- Maintain conditions or adopt practices reasonably necessary and appropriate to protect workers on the job
- Be abreast with and adhere to the standards applicable to their establishments
- To make sure that workers have and actually make use of protective paraphernalia required fro safety and health
The OSHA Framework
OSHA has established guidelines and regulations for when it may be prompted to act under the auspices of the general duty clause. The First element of the four dimensions criteria is that there must be a hazard, secondly the hazard must be recognisable ( for instance the employer/company must be in a position to have known about the hazard stating that the hazard is obvious or the hazard is a recognised and noted within the industry. Thirdly; the hazard may cause or is hihgly likely to cause serious harm or death. Finally, the hazard must be correctable. On the final element OSHA notes that not all hazards are necessarily correctable although in theory OSH provides a powerful instrument against workplace dangers
Comparison between Superlex standards and OSHA regulations
Superlex has modeled its workplace health and safety standards more or less in tandem with the regulations presented by OSHA. Superlex has categorise its standards according to the framework provided by OSHA which entails the following aspects, the identification of the hazard secondly the hazard must be recognisable (for instance the employer/company must be in a position to have known about the hazard stating that the hazard is obvious or the hazard is a recognised and noted within the industry. Thirdly; the hazard may cause or is highly likely to cause serious harm or death. Finally, the hazard must be correctable. On the final element OSHA notes that not all hazards are necessarily correctable although in theory OSH provides a powerful instrument against workplace dangers. The first aspect in the OSHA framework entails that there must be a hazard! As such Superlex has acknowledged that batteries and their handling pose serious health hazards owing to the hazardous contents. In line with the second aspect of the OSHA element which holds that the hazard must be identifiable; Superlex has identified that batteries contain dangerous sulfuric acid and also produce explosive mixtures of hydrogen and oxygen. The third aspect according to the OSHA regulatory framework details that the hazard may cause serious harm or death, Superlex safety regulations also similarly detail that the hazardous content of the battery may cause serious harm or death in extreme circumstance hence workers must be fully knowledgeable about the appropriate and safe ways of handling batteries. The fourth and last aspect of the OSHA framework holds that the hazards must be correctable e. In this context the correction of the hazard denotes the implementation of safety measures in handling the batteries as detailed below by Superlex safety battery handling regulations.
Below is direct extract of the Superlex Safety Battery handling regulations
OSHA violation Instances and Compliance Plan
Superlex can take further steps to optimize its workplace environment for safety and health considering the importance of workers health and welfare as well as some instances resulting for the indifference of the OSH Act. In a notable instance Exide Technologies Inc. was charged by OSHA for 22 counts of OSHA standards violation. The company was indicted to pay penalties worth up to $71 000 for reportedly failing to protect employees from exposure to lead and cadmium. In a report, OSHA area director Paul Hansen was quoted noting that it imperative for employers to safeguard employees form substance such as lead and cadmium citing that these have adverse short term and long term effects n victims.
The company had been under investigation since January and findings showed that the employer had violated OSHA guidelines and regulations and had also failed to appropriately fit the test respirators as well implement sufficient lock-out/tag out system to [prevent undesired machines start up. Violations cited also entailed the failure to protect worker from exposure to lead and the failure to run training for the handling of cadmium by workers among other findings.
Superlex Compliance Plan Enhancement
Superlex has to mandate to protect its workers from all forms of dangers associated with the handling of hazardous material in manufacture, handling and recharging of batteries. Superlex must customize the regulations enunciated in the OSH act to optimize its workplace environment for ensuring sufficient security. The company must ensure that measure is in place to prevent unintended machines start up by applying system like the lock/out/tag out model. This will reduce or eradicate instances of accidents at work. Upon that Superlex has to formulate and implement a detailed safety compliance and security model what will make sure that sprocket wheels and chains are guarded as well as the ensuring of the appropriate connection of electrical codes. Superlex has to do ensure the foregoing and avoid committing various forms of violations by making sure that there is provision for sufficient machine guarding as well as keep surfaces clean from lead. Upon the foregoing, Superlex must entail training courses in its compliance stratagem o educate and empower workers on appropriate days of handling cadmium.
Conclusion
The study has demonstrated and attested to various dynamics around the impact of the regulatory framework and the structure and functionalities as well as operations of organisations in the manufacturing industry. The operations and functionalities of Superlex are shaped directly and indirectly by the tenets and requirements of the institutional powers on eth aspects of occupational Health and safety.
It has also been demonstrated in the corpus of the paper how the workplace health and safety standards by the focus featured case differ and relate to the regulations often OSHA the governing authority on occupational health and safety. The study has established that the structure and composition of the Superlex workplace health and safety guidelines have been drawn in tandem with the regulations drawn by governing authority OSHA.
The situation in spotlight for study objectives and scope has satisfied the merits and applications of the PESTEL and institutional theory conceptual paradigms. PESTEL well details and characterise the entirety of the environment within which organisations operate whilst the institutional theory has helped enunciate the manner in which the thrust of manufacturing companies (from a regulatory perspective) have been shaped by the demands for compliance and optimality in the aspect of occupational health and safety. It had been established as has been indicated in the foregoing component of the paper that the featured company Superlex can enhance its efforts at protecting its workers by protecting workers from possible dangers in typical battery manufacturing environment, which can be reinforced by the running of training programs to keep workers abreast on the best ways of ensuring safety and health in hazardous works fronts.
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