Food-Service-Manual-for-Health-Care-Institutions

Food Service Manual for Health Care Institutions
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obey all safety and health standards established by the Occupational Safety and Health
Administration (OSHA). One such standard deals with blood-borne pathogens. The OSHA
standards are enforced through on-site inspections, and employers found to be in violation are
subject to fines and other penalties. (The OSHA standards related specifically to the food service
department also will be discussed in chapters 13 and 14.)
Immigration Reform Legislation
Federal legislation affects all U.S. employers. It has specific effects on those employers who
employ or seek to employ citizens of countries other than the United States. The body of law
that covers employment of immigrant (or alien) workers in the United States is described in the
following subsection.
Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act of 1986 was passed to stop the unlawful employment
of unauthorized aliens in the United States. The act requires employers to verify the citizenship
status and employment eligibility of all employees hired after June 1, 1987, as well as all current
employees hired after November 6, 1986. To comply with this law, employers must request all
new employees to supply proof of their identity and employment eligibility. Proof may be in the
form of a valid driver’s license, a Social Security card, or an unexpired reentry permit, among
others. They also must complete a Form I-9 certifying that they are eligible for employment.
The Immigration Reform and Control Act imposes substantial civil and criminal penalties
on employers who knowingly violate this law. In addition, the law makes it illegal to discriminate
against any individual other than unauthorized aliens on the basis of national origin or
status as a citizen or an “intending citizen.” All areas of human resource management are covered,
including hiring, recruitment, referral, and discharge. A separate enforcement procedure
has been established to handle discrimination violations. However, any alleged discrimination
that is covered under Title VII of the Civil Rights Act of 1964 would still be addressed under
the provisions of that act.
Illegal Immigration Reform and Immigrant Responsibility Act
In 1990 the Immigration Act revised U.S. policy on legal immigration that increased levels of
immigration of highly skilled professionals and executives. In 1996 the Illegal Immigration
Reform and Immigrant Responsibility Act was signed into law. This law placed limitations on
persons who have come to the United States and remained in the country longer than permitted
by their visas or persons who have violated their nonimmigrant status.
Role of the Human Resource Department
Most organizations today have some form of human resource department. In large organizations
especially (those with more than two hundred employees), this department will be a separate,
discrete entity whose role is to perform unique functions. In some organizations, the human
resource department may be called the personnel department or employee relations department.
Health care human resource departments are charged with four major areas of responsibility:
• Recruitment and employee activities
• Performance evaluation policies and procedures
• Compensation and benefits administration
• Labor relations
Specific responsibilities of the department vary from one organization to another, depending
in part on the organization’s structure and number of people it employs. For example, in a