Employment Law Information

Archive for November, 2009

 
Employee Polygraph Protection Under the EPPA
By Joseph Devine

Many of us are used to only seeing “lie detectors” on television shows, usually dramas. So when an employer or business asks you to take a polygraph examination, it may come as a surprise and you may be protected under the Employee Polygraph Protection Act (EPPA) from having to take it.

Polygraphs or “lie detectors” are machines that read several measurements at once on a person: breathing rate, heart rate, blood pressure levels, and responses in the skin. These levels are then used to determine the physiological stress levels at different intervals of the questioning process. The transcript is then looked at by a polygraph examiner who is the ultimate decider on whether or not the employee (or subject) is telling the truth. Much controversy arises from this last step because there is a chance of error in reading the results.

The EPPA has established specific polygraph testing and restricting guidelines for many private employers under federal law. These standards are not required of government entities, federal government-affiliated businesses or agencies, public school employees, or anybody employed with or a part of a correctional facility. This means that any person under this umbrella can be asked by their employer to take a lie detector test.

Most private employers, however, cannot ask the same of their employees unless certain conditions apply. If the employee refuses to take the polygraph test, he or she cannot be fired, disciplined, or be discriminated against for not doing so.

Commercial businesses that can be permitted to use a polygraph test under the EPPA guidelines are:

-Security service companies such as security guard or alarm services

-Businesses affiliated with the manufacturing and distribution of pharmaceuticals

-Businesses whose employees are likely suspects in an incident of theft in the workplace that caused a financial loss to the employer

Certain standards must be met for a polygraph such as the way in which the test will be handled before the test, during the test, and after the test. Of course, the polygraph examiner must also be licensed and be professionally insured.

Many employers exercise rights that they do not have at the expense of their employees. If you or someone you know would like more information on polygraph tests, EPPA guidelines, or how both these items relate to your rights as an employee, contact the Houston employment lawyers of the Ross Law Group.

Joseph Devine

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By Joseph Devine

Courier services and the mail are one of the most important lifelines of our society. Without their efforts, communication and commerce would be much more difficult or impossible. The nature of these services means that employees are under unique pressures and face risks different from many other lines of work.

Delivering the mail requires more than people on the ground visiting mailboxes. There are long-distance truck drivers, pilots, loading and unloading crews, and distribution center employees. At each step of the chain, efficiency is of the utmost importance. This can result in a great deal of pressure on workers. Many of these jobs are also very physical, which can present injury risks.

For people delivering on the ground, there is a risk of injury from moving sometimes very heavy packages. Fully-loaded mail trucks can result in tumbling packages and smashed hands and feet. Improper lifting technique can of course result in injuries, and many delivery vehicles do not offer the same amount of protection as most modern vehicles.

Some of the unpleasantness of postal ground work has become iconic. Even if the mail is delivered “rain or shine,” adverse weather conditions can pose serious health risks. Without adequate protection, excessive heat and cold can cause serious and potentially life-threatening conditions. Likewise, unfamiliar dogs can pose serious threats to mail delivery people. Some people even have more exotic animals like tigers which could pose life-threatening risks to delivery people.

Postal and courier work can be as dangerous as it is essential. Although many people love the independence that line of work can bring, the risks are still present. If you have been injured while carrying out your mail delivery duties, you are entitled to file for workers’ compensation to help you with your expenses until you can work again.

The Pennsylvania workers compensation attorneys of Lowenthal & Abrams can help you put together and file your claim. To discuss your case with a lawyer, contact Lowenthal & Abrams today.

Joseph Devine

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By Joseph Devine

There are many occupations that have specific illnesses associated with them. Very often these are the result of some environmental factor in the workplace, or a result of the work itself. You may have heard of coal miners suffering from “black lung,” a disease caused by inhalation of coal dust. People whose jobs involve heavy repetition of certain actions can lead to repetitive strain injuries. In addition, although increasingly rare, some workers are still exposed to highly toxic chemicals like lead.

The lungs are one of the parts of the body most commonly affected by the workplace. People who work in industries where there is a lot of ambient dust are susceptible to diseases from dust inhalation. Although our lungs are capable of clearing out much of the particulate matter (dust) we inhale, some substances persist. Silica, the most common mineral on earth, is not toxic. But very fine silica particles can become permanently stuck in lung tissue and reduce the lung’s capacity.

Repetitive strain injuries, sometimes abbreviated RSIs, are the result of prolonged specific stresses on the body. Carpal tunnel syndrome is one example of an RSI, but there are many others. Carpal tunnel syndrome is caused by pressure on the median nerve, which connects the hands to the spine, as it passes through the wrist. Other RSIs involve similar prolonged strain on nerves and tendons, and can affect thumbs, elbows, and the nerves connecting the neck to the arms.

Although there are extensive workplace safety regulations in place, some jobs do involve risk of exposure to toxic substances. In many cases this is by necessity: jobs that “someone has to do.” Thankfully, modern safety equipment drastically reduces the effects of such work environments. If the equipment becomes damaged, however, workers can be exposed to toxic substances. People who clean radioactive waste, for example, could be exposed to cancer-causing radiation if precautions are not followed exactly.

If you have fallen ill as a result of workplace conditions, you may be entitled to workers’ compensation insurance. An experienced workers’ compensation attorney can help you get the full assistance you need. However, if you think someone might be liable for putting employees at risk, pursuing legal action might be preferable. In either case, the Pennsylvania workers compensation and personal injury attorneys of Lowenthal & Abrams can help you. Contact them today to learn more.

Joseph Devine

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