Introduction
The purpose of this paper is to examine the ethical dilemmas of business in the area of workplace health and safety. In order to do so, this report concentrates on workplace environment of the United Arab Emirates, and compares the position of the workplace health and safety issues of this region with European countries, Asian countries like China, India, and Malaysia, and other GCC countries.
In addition, this paper focuses on the theoretical framework of the ethical dilemmas of the employers about workplace environment, and the activities of Occupational Safety and Health Administration (OSHA).
Literature review on ethical dilemmas in the area of workplace health & safety
Workplace ethics and dilemmas
Strasheim (2010) has defined workplace ethics as a corporate agenda that has required to representing constitutional values such as human dignity. Alternatively, workplace ethics is a framework or road map for ensuring both employee and product/service efficiency. In the area of HRM, (Human Resource Management) ethics has reflected through the scope of equal opportunity, code of conduct, health and hygiene, both direct and fringe benefits, performance appraisal and so on.
In simpler form, workplace ethics has referred appropriate compliance practice by HR department of an organization. From the viewpoint of professionalism, ethics within the workplace has assign to execute organizational behavior derived from social norms and values, awareness of moral duties, responsibilities, and sense to diversify right or wrong where trade-off between ER (Employee Relations) and IR has supervised by the labor union of an organization.
Any violence of ethical issues would generate ethical dilemmas during daily work life. Following are the major and common five types of workplace dilemmas that is consistent with this paper to analyze the workplace health and safety issues are as -Human resource management attributes (2) Employee health and safety concern (3) Conflicts of interest (4) Consumer’s loyalty and (5) Utilization of the corporate or business resources (Gan, 2010).
Ethical dilemmas in workplace
Andrews (2007) identified the ethical business dilemmas those the employees possibly will encounter at job is as and the employer have no interest to comply that the employee has the rights to avoid any pressure that forcefully adopted on him and in case of such pressure the employee would be tempted to violate conscience.
Snapshot of ethical dilemmas in workplace has accounted where other than health and safety issues supplementary influences have taken place belonging towards unofficial aspects has significantly enlarged costs of the organization and in this case, most of the time more than one staff has involved magnifying company has cost burden.
False statement is another violence of company law as well as workplace ethics though which an organization can lose their valued consumers and hence current market position connecting the creation of fake company images has fabricated intra-official conflicts as well as long-term market loss. Therefore, employees have to be taken in mind that technically true impression of an organization could be treated as fake advertisement.
The Influence to buy as well as involved into a conflict of common specified interest have greatly influenced consumers’ choice and hence company’s market image. Consequently, official ethics dilemmas have spread out like a disease during entire atmosphere of an organization. Divulging information about new product or service has raised question about the hygiene and safety of that product. From viewpoint of workplace dilemma, hiding information about harmfulness of a product has directly violent ethical act.
The practice of taking unfair advantages would hamper health and safety regulations of government as well as consumers have misguided to take harmful products and arrange events outside the organization have significantly enlarged company’s social networks, but at the same time, it has a threat to increase individual decadence/corruption tendency as well as drug and alcohol incidents.
Several ethical issues (sexual harassment, verbal lashing or public humiliation) have destroyed company reputation as well as both individual and group perpetuation while the MNCs (Multi-National Companies) in the international market have frequently involved in ethical misconducts (anti-social culture acts, child labor appointment, demeaning work environments or excessive working hours), which is another major reason to abuse company image and OHS Act 1970. To support condone immoral tasks during teamwork of an organization would create a wrong outcome during turmoil situation that balance the ethical issues and such business operation will generate ethical dilemmas.
OSHA (Occupational Safety and Health Administration) profile:
Entire workforce of an organization has right to get healthy working atmosphere where supervisors of the organization have to be committed on safety rationale. In order to fulfill safe working attributes OSHA has created and has a vision to ensure workplace health and safety (setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement).
According to OSHA, it has prohibited to force any employee to do unethical or illegitimate job. Additionally, it has also prohibited carrying out an employee in an unhealthy, unsafe, and unhygienic working place. To prevent these working dilemmas OSHA has appointed around 2100 inspectors (complaint discrimination investigators, engineers, physicians, educators, standards writers, and other technical and personnel support) to provide necessary proactive support for both of the employer and employee.
As described by OSHA, in the USA they have more than 200 support center for the business area of mining, construction sites, transportation, public organization’s employees, small and medium business organization. SST (Site Specific Targeting), LEPs (Local Emphasis Programs), NEPs (National Emphasis Programs) and EEP (Enhanced Enforcement Program) are the major device of the OSHA where diverse professionals (occupational safety and health professionals, the academic community, lawyers, journalists, and personnel of other government entities) from both public and private have consult to resolve workplace dilemmas. Organizations those have frequently contravene OSH Act has lawfully treated by the EEP device. (Gan 2010)
For more clarification, fundamental issues of workplace ethics has listed in following list and antagonism of these aspects has cause of daily workplace dilemmas as well as unhealthy and unsafe working atmosphere (Baeyer, 1999).
Fundamental issues of workplace ethics
- Professionalism.
- Accountability.
- Avoidance of harassment and discrimination.
- Occupational health and safety.
- Environmental protection.
- External communications to shareholders, clients and the puplic.
- The balance between transparency and openness on the one hand and confidentiality on the other.
- Community relations.
- Lobbying.
- Political activity.
- Responsible business practice (prohibitions on bribery, gifts, nepotism, self-dealing).
- Business goals (such as becoming market leader).
OHSA (Occupational Health and Safety Administration) Act 1970
OSHA Act 1970 had introduced and administered by the United States Labor Department with the aim of assuring safe and healthy working atmosphere for the entire HR of an organization. Every employer who has occupied through trade as well as also involved in agriculture OSHA Acts can be applied. However, following are three major areas where OSHA has not been applicable and for illumination, major HR health and safety policies have included in the subsequent part.
The area where the legislation may not be applied are as- self-employed or freelancers, firms constructed by the employer’s family members and workplaces protected and controlled by the Federal agencies as well as consistent with Federal constitutions, but in absent in absent of appropriate health and safety concern OSHA principles might be applied in this case (Erven & Barrett, 1987).
HR policies in the area of workplace health & safety
Role of HR policies have a significant influence on reducing workplace ethical dilemmas. Following are the most suitable facts to be behaving ethically and keep apart from erroneous functions while the salary and wages structure have to be in proportion to the duties and responsibilities of an employee.
Disciplinary offence should be enquired fairly; consequently, penalty would be fair for an employee while the employees leave for illness or disability have to enquire fairly to proper compensate the labor and his family. In case of labor dispute, an HR representative should not be call as a key witness in Court and recruitment policies have to be enquiring confidential health issues (HIV/AIDS) of an employee for fair recruitment.
Meanwhile the company has committed to appoint a medical practitioner for regular examination of intoxication during working atmosphere where an organization has to supply of pure water at proper atmosphere, sufficient number of toilets (separate for male and female) and hand washing equipment during working hours.
Subsequently apart from workplace intoxication HR manager should have a doctor 24/7 working hour for injured labor as well as other fitness difficulties, all of the HR tasks have to be consistent with sound commercial and labor Act and annual performance appraisal has to be executed (Strasheim 2010).
Workplace health and safety in the United Arab Emirates
Over the Middle East, UAE is one of the most developed countries and their one of chief occupational source is construction business. Considering this point, in practice construction labors of the UAE have suffered a great threat of site accidents.
This part of the paper has focused on current scenario of UAE workplace health safety highlighting construction sites. Most of the UAE construction firms have tried hard and sole to undertake adequate initiatives to save their valuable life, reduce and control of accidental costs moreover, have tried to reduce time between accident and restart of the project and OSHA fines.
This part has analyzed a comprehensive safety program during construction. However, the alarming news is that in most of the construction accident cases companies have ignored to keep accident records. UAE has developed their Federal Labor Law during 1980 and make efficient in practice this Law has needed several amendments.
The Labor Law No.8 has clear vision during workplace health and safety; here also have regulation for the worker, code of conduct and regulation after injure, wages and salary, treatment for the women employees, leave, penalties, layoff, separation, working hours, meals, overtime framework, and relevant accessories have described.
About accident during construction has analyzed (including both proactive and reactive issues) in the Section-5 of the Labor Law. More specifically, these sections have declared that employer of a construction industry has to ensure following attributes (Al-Kabbi, 2001) –
The employers have strictly prohibited recruiting sick labors and should concern on to protect their labors from injury as well as occupational diseases where the supply of pure drinking water and toilet utilizes in the construction site and must contain 24/7 hours fire protection equipment as well as proper ventilation (free from harmful air and gases) and lighting accessories
There should have an appointed medical practitioner on fixed term basis to check up labors every six months to confirm whether they have suffered from occupational diseases where in the job alcohol drinking is strictly prohibited. This rule has ordered employees to maintain proper safety precautions before start working and a clear account of employee disability or on job death where regular inspection of duties stand on responsibilities as well as training attributes.
Table 1: Workplace safety and proactive equipment. Source: Self generated Al-Kabbi (2001, p.52-53).
Ethical issues
Other than construction sector UAE has also involved in oil and petroleum supply. In doing so oil companies of UAE have required to concern on both working atmosphere and environmental aspects like air, water, and sound.
Considering geographical view UAE is a creation of seven emirates from this view workplace ethical issues in UAE has required to include common community issues (age, sex, occupation, educational status, socioeconomic status, cultural characteristics, living standards, lifestyle, services available, number of cars owned), physical (type and number of industries, location of industries, road network, physical terrain, plantations) and environmental dynamics (awareness level in the government agencies/departments, public, NGOs, media, schools), educational capacity (universities, research centers, agencies, departments, ministries, organizations, clubs), legislation framework (laws, standards, rules and regulations, policies), international trade-offs (treaties and protocols), gap between needs and demand (human resources, technical capabilities and capacities, environmental burden of disease estimates, environmental risk assessment and management), environmental threats (Risks related to air pollution (indoors and ambient); water resources, and quality; wastes (solid, hazardous, healthcare etc); rodents; radiation hazards; chemicals; recreational and marine water pollution; food quality & safety; built environment including housing quality) (WHO, 2007).
Ethical dilemmas in UAE
HRW (Human Rights Watch) has published a comprising report between UAE and other countries where ethical issues as well as current human rights scenario (press freedom, human trafficking, the rights of detained persons and torture) of UAE have analyzed. In the area of labor issues/workplace atmosphere, recent global economic turmoil has significantly influenced UAE and here radically unpaid vacation have increased for which UAE government has harshly criticized by domestic organizations. During May 2009, HRW in UAE has focused following issues (Buttle, 2010).
- Firstly, UAE regulations of visa sponsorship have constrained labour movements
- Secondly, there have no legal provision of collective bargaining and that limitation has impeded the labor right to strike during injustice
- Thirdly, in case of worker/employee recruitment, there have no legal boundaries for the recruitment agencies and hence they have unlawfully charged fees from the employees and enjoyed criminally advantages fully in absent of law.
- Finally, another criticizing factor of the government is that they have scope to take legal application to punish labors to strike against employers.
Whilst this report has published, Government of the UAE has faced extreme disappointment as well as criticism. However, consequence of this UAE government has not yet either urged apology or taken adequate legal initiatives to prevent these dilemmas. Moreover, the UAE Ministry of Foreign Affairs has denoted this report as unbalanced and factually untrue. Additionally, this report has claimed that violation human right in UAE was not occurred through 2009, but it has happening for the last several years.
In response to the report, UAE government has claimed that HRW have denied to endorsing minor and disable people inconsistent with the UN protocol where three new Federal HRW institutes (The Human Rights Department (Ministry of Interior), Dubai Community Development Authority and a permanent taskforce of specialists to tackle human trafficking in Dubai) have proposed to launch in Dubai in order to make shelter for helpless women as well as children. Inn accordance with the UAE Federal provision, HRW has argued that this initiative has diffidently noble, but there have no clear direction about employee wages and salary scheme.
There abundant scope for the migrant labor/employees in UAE and recent report by the HRW has significantly weakened UAE’s labour market globally though high profile Federal initiatives. Finally, HRW has kept question on the transparency and accountability of UAE government. Considering all of these facts, overall response of UAE government was quite upsetting since they have left a careless speech as nothing could be absolute perfect and that might be a county’s workplace ethical issues profile…!
Comparison of ethical dilemmas in workplace between UAE & GCC Countries
After learning about the current workplace ethical circumstances in UAE this part has presented a comparative, scrutinize on GCC (Gulf Cooperation Council/Gulf Countries Council). Before a brief account of ethical issues about workplace health and safety, it is necessary to introduce GCC background. During 1981, in Saudi Arabia GCC was formed together with six members (Bahrain, Kuwait, Quatar, Oman, Saudi Arabia, and the United Arab Emirates) to strengthen economical resources (agriculture, industry, investment, security and trade) of the Arabian countries in Middle East.
GCC workplace health and safety scenario
Common attributes of the GCC have sequentially pointed below-
Firstly, all of the GCC members have adequate workplace rules, regulation, and legislation in accordance with OSHA Act 1970. Among these, a number of Laws have illustrated briefly as well as have clear direction during practice and few have not. However, the similarity of the legislation procedure among GCC members is that there has sufficient scope to amendment to reach a merged form.
Secondly, during trial of any immoral fact, amendment/review of the available legislation of OHS has required greater compliance. Moreover, it has enough tough for the legislation authority to proper solution and reach in the right conclusion. This circumstance has mostly faced in Kuwait among other GCC countries;
Thirdly, during obligatory application of the current labor Act, it has still confused that to what extent the labor market of the GCC members would be benefited for any injury as well as injustice.
Additionally, there has not also clear direction on labor injury, leave, and health benefits scheme.
Finally, Common limitations of the GCC members have a tendency hamper to facilitate OHS benefits to the injured labors at root to upper level of an origination
Consequence of the above scenario in GCC members, they have major legislation obstacles inconsistent with OHS, such as, GCC members have insufficient resources to enable legislation affairs towards the common labors, surprisingly scarcity of moral standards/principles, scarcity of expertise lawyers to handle labor injury cases, and poor coordination between injurer and employers.
Labors have not yet enough concern on their individual rights at all types of organization, poor government initiatives to develop workforce, uneducated person, lack of coordination along with absent of accountability on OSH, restriction on reporting on job injury, occupational diseases as well as morality standards, imperfect policies are the main problems in this region.
GCC OHS committee and evaluation forces
At the first week of April 2008, GCC members have arranged a meeting in Kuwait to construct proper solution to resolve occupational accident and better workplace aids. Consequence of this meeting following are the two OHS evaluation factors.
Firstly, members of the GCC individually should have a specific legislation solution during occupational accidents as well as labor health and safety.
Secondly, regular inspection and performance evaluation has also been actively executed to be continued workplace ethical attributes, health, and safety. Additionally, should have scope of regular amendment.
Compare the position between UAE & Western Countries
Workplace atmosphere in Western countries
Study of the comparative workplace atmosphere between UAE and western countries (Finland, Germany, Poland, UK, and USA) have evaluated several significant fundamental diverse attributes (legislative, political, social and economic) in the area of workplace health and safety. Western countries have primarily focused on competitive employment. Under this comparison, western countries have a clear illustrated outline on workers mental health and it has obligatory to define various attributes of workplace mental health issues.
However, there have significant differences among five countries labor market structure as well as labor market needs and demand during occupation. For example, due to global economic downturn both the UK and the USA has suffered from high unemployment ratio though over the Europe unemployment is a crucial dilemma. On the other hand, during occupation labor union structure has also primary difference among these five countries.
Common factor of the five western countries have focused that over the past decade workplace mental diseases/stress has severely increased because of open global economy, tight competitive market, threat of recession and increasing living costs. Other than Germany and Finland, rest of three countries workplace health problem have recently reached at alarming stage and it has around 20%.
In addition, 50%-employed people of Finland have now suffered occupational diseases (stress related symptoms, such as anxiety, depressive feelings, physical pain, social exclusion and sleep disorders). To overcome such dilemma, Poland and Germany have begun to study on identifying workplace dilemmas as well as reduce unemployment ratios. Currently, the UK and the USA have also under processed to examine workplace health and safety dilemmas.
In this inspection, it has appraised that 40% US employees have suffered from workplace health and safety dilemmas. Finally, common scenario of these five countries have focused that most of their occupational diseases have generated by extreme workload and stress (Gabriel and Liimatainen, 2000).
The Health Safety Act 2008 (UK)
The new Act of workplace health and safety has an amendment form of HSWA Act 1974 (Health and Safety at Work), where provisions of penalty and trial modes have revised for the primary stage of HSW and applicable only in the UK (England, Wales, Scotland and Northern Ireland).
This Act has also included common people who have under threat of workplace accidents. Establishment of this Act has enlarged the scopes to resolve and reduce occupational health, safety, and diseases. Application of the Act 2008 during construction accident should require following Construction Regulations 2007 including design and management. There have three major impact of the Act 2008 those have illustrated in below (Ashurst London, 2009).
According to the Act 2008, privileges of the court has included maximum two years prison for most common OHS accidents, but before amendment custodial sentence was applicable only for the serious occupational accidents.
Current amendment of the HSW Act has enlarged authoritative power of the Crown as well as Magistrates’ Courts through compel higher fine along with custodial sentences at the end of trial for serious occupational accidents as well as most common occupational accidents. Whilst employers deny/disobey HSWA legislation, the Magistrates’ Courts has the authoritative power to impose maximum fine £(5,000-20,000);
As stead by the HSWA 2008 (Section-33), occurrence of diverse form of offences over the UK has obligatory, to face current amended trials, and at the end activist of the offence should punish through maximum penalties in the course of either custodial sentences or fines or both.
Compare the workplace environment between the UAE & Asian Countries
Business Ethics- Perspective of China
A significant percentage of labor force of China involved with mining and minerals industry as the prime mineral resources of China is – coal and iron ore, which are adequate for meeting the demand of industrial mineral.
Other than these, China is the world’s fifth largest gold producer, and it has abundant resources of energy and 934.2 million tons of oil had produced by China. Considering food crisis and large population, Chinese government concentrates more on agricultural production and 46.9% of total national workforce involve in agriculture, (include forestry and fishing).
However, the ethical dilemmas for business in the area of workplace health and safety is one of the most important factors for the employees of the Chinese coal mining industry as the employers of this sector always violate the administrative rules and regulations.
In addition, the employers infringe the rule of safety, but the labor has to suffer injury for their activities, the burden of proof injury is on the worker, as a result, employers become more irresponsible though they owe duty health and safety of labor and ordinary staff bare unlimited hazard to get compensation while they injured or any accident occurred.
This dilemma also exist in other industrial sector in China, as a result, protection at the workplace turn into an important concern to the citizens of China, as the researchers identified that each week an average of two employees die in industrial accidents and unfortunately over 200 labors lose a limb in southern China.
In 2004, there were more than 16, 497 fatalities at the workplace among them 24.8% employees worked in coal-industry, which indicates that China has experienced huge financial growth by depending on the low cost labor force, but China failed to provide adequate protection of the employees though the workplace safety issues get importance only on theoretical perspective.
Employees of Malaysian Industry
The position of the workers of Malaysian Industry is much better, as OSH (Occupational Safety and Health) reported that the rights of employees has protected by the Occupational Safety and Health Act 1994, which was passed due to development of public consciousness or awareness about workplace safety issues.
However, OHS has collected data from 304 companies of different sectors and pointed out that Malaysian labors still suffer some familiar workplace health troubles like silicosis and pesticide poisoning, job linked upper limb disorders because of assembly line labor, unexpected deaths among immigrant employees, and some other mental strain.
According to the report of Rahim, Abdullah, and Mahat (2010), OSH identified that more than 94.5% of the companies disclosed workplace safety information, 42% companies have control on industrial accidents, and 15.6% companies do not adopt safety standards.
The Ethical Dilemmas in Workplace- Perspective of India
It is interesting that India has been incorporated occupational safety and health laws for fifty years, but the government has failed to implement the objective of this law due to lack of officials and number of other barriers, for instance, there are only 1400 safety officials, about 1154 factory inspectors, and only 27 medical inspectors to cover entire India.
Pandita (2010, p.1) reported that there are more than twenty six million workers who work in the industrial sector with completely no safeguards, as a result, they suffered lungs problem for silica dust, poverty epitomizes, and so on. He further addressed that the affected or injured workers know they can die any time, but they have no alternative option of livelihood though the constitution of India protected the employees who involved in hazardous occupations by safety rules.
From the above discussion, it can be said that the employees of UAE get more facilities than Indian employees get, as India has regulation, but have no practical implementation that particular law, so accidents become a regular consequence as the employers have no accountability and employees have no security in workplace.
Recommendation
Ethics in business is required as there is abundance of evidences of unethical corporate practices in the area of workplace health & safety all over the world including the UAE; therefore, this paper would recommend some suggestions to solve these dilemmas, such as, the government should pass effective health and safety legislation especially for mining, metals, and energy sectors.
However, the employers of the UAE should implement these laws in the workplace to ensure health and safely of employees, and more research on this sector would help the government to find out proper solution for resolving ethical dilemmas.
Conclusion
During this concluding phase, overall analysis of the paper has evaluated that globally, ethical dilemmas and workplace health and safety has now a considerable issue. In case of UAE, they have adequate Labor Laws, but lack of awareness due to poor educational attributes labor market of UAE have not yet enjoy proper benefits of their workplace legislation. On the other side, the western countries have under course of regular amendment of their labor and workplace legislation.
However, their workplace dilemmas have mostly generated from competitive atmosphere along with severe workload and stress. Scenario of the GCC has almost similar to the UAE and have several common obstacles and complexity. At this concluding part, it has to be included that MNCs have consciously violated workplace ethics in third world countries to design high profit margin. Continuous development and proper inspection of workplace legislation would have improved current dilemmas in UAE as well as GCC members.
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