EMPLOYEE STAKEHOLDERS:

PRIVACY,
SAFETY, AND HEALTH
WEEK 10
 ?

WHAT IS PRIVACY?

WHAT IS PRIVACY AT WORK?

 WHAT IS PRIVACY?

• BEING ABLE TO KEEP CERTAIN INFORMATION TO OURSELVES AND TO

CONTROL WHAT HAPPENS TO OUR PERSONAL INFORMATION.
• IT ALSO REFERS TO BEING ABLE TO DO THINGS WITHOUT INTERFERENCE
BY OTHERS. PRIVACY ISSUES CAN ARISE IN ALL ASPECTS OF LIFE.
• PERSONAL INFORMATION IS INFORMATION THAT IDENTIFIES A PERSON.
• THERE ARE SOME OBVIOUS EXAMPLES OF PERSONAL INFORMATION
SUCH AS A PERSON'S NAME OR ADDRESS.
 WHAT IS PERSONAL INFORMATION

PERSONAL INFORMATION CAN BE SENSITIVE IN NATURE SUCH AS INFORMATION ABOUT:

• A PERSON'S RACE, ETHNICITY, POLITICAL OPINIONS,
• MEMBERSHIP OF POLITICAL ASSOCIATIONS,
• MEMBERSHIP OF PROFESSIONAL ASSOCIATIONS AND TRADE UNIONS,
• RELIGIOUS OR PHILOSOPHICAL BELIEFS,
• SEXUAL PREFERENCES,
• HEALTH AND GENETIC INFORMATION OR CRIMINAL RECORDS
 CASE OF RADU v. THE REPUBLIC OF MOLDOVA
Facts: The applicant was 34 and married. She was a lecturer at the Police Academy and her husband also
works there. She had pending civil cases against employers. In 2003 she underwent artificial
insemination at a fertility clinic and became pregnant with twins. Later that year by doctor’s order she
was hospitalized on account of an increased risk of miscarriage. This information was indicated in a
medical certificate. Superior of the applicant asked doctor to disclose reason for her hospitalization and
diagnosis. The hospital gave all the information, including about hepatitis B and the difficult pregnancy
on twins. This information was widely available to all the Academy. The Applicant had miscarriage due
to stress.
The Applicant sued first the Hospital and then the State at ECtHR.

Do you find there was a violation of respect of her private life when disclosing this amount of
information about her?
 WHAT IS WORKPLACE PRIVACY

• CONSTITUTIONAL PROTECTION OF PRIVACY, SUCH AS THE PROHIBITION OF

UNREASONABLE SEARCHES AND SEIZURES, APPLIES ONLY TO THE ACTIONS OF
GOVERNMENT, NOT TO THOSE OF PRIVATE SECTOR EMPLOYERS.
• EMPLOYERS WILL HAVE ACCESS TO PERSONAL INFORMATION ABOUT
EMPLOYEES.
• THIS INFORMATION MAY BE SENSITIVE AND EMPLOYEES MAY WISH TO KEEP
THIS INFORMATION PRIVATE.  
 LAW OF THE RA ON PROTECTION OF
PERSONAL DATA

ARTICLE 3
• PERSONAL DATA SHALL MEAN ANY INFORMATION RELATING TO A NATURAL PERSON, WHICH ALLOWS OR
MAY ALLOW FOR DIRECT OR INDIRECT IDENTIFICATION OF A PERSON'S IDENTITY;
ARTICLE 15
• THE DATA SUBJECT SHALL HAVE THE RIGHT TO INFORMATION ON HIS OR HER PERSONAL DATA,
PROCESSING OF DATA, GROUNDS AND PURPOSES FOR PROCESSING, PROCESSOR OF DATA...
• THE DATA SUBJECT SHALL HAVE THE RIGHT TO GET FAMILIARISED WITH HIS OR HER PERSONAL DATA,
REQUIRE FROM THE PROCESSOR TO RECTIFY, BLOCK OR DESTRUCT HIS OR HER PERSONAL DATA, WHERE
THE PERSONAL DATA ARE NOT COMPLETE OR ACCURATE OR ARE OUTDATED OR HAS BEEN OBTAINED
UNLAWFULLY OR ARE NOT NECESSARY FOR ACHIEVING THE PURPOSES OF THE PROCESSING
 RIGHT TO PRIVACY IN THE WORKPLACE

FOUR MAJOR WORKPLACE PRIVACY ISSUES:

• COLLECTION AND USE OF EMPLOYEE INFORMATION IN
PERSONNEL FILES
• INTEGRITY TESTING
• DRUG TESTING
• MONITORING OF EMPLOYEE WORK, BEHAVIOR,
CONVERSATIONS, AND LOCATION BY ELECTRONIC MEANS.
 COLLECTION AND USE OF EMPLOYEE
INFORMATION IN PERSONNEL FILES

• WELLNESS PROGRAM ALLOWS YOUR EMPLOYER OR PLAN TO OFFER YOU

PREMIUM DISCOUNTS, CASH REWARDS, GYM MEMBERSHIPS, AND OTHER
INCENTIVES TO PARTICIPATE. SOME EXAMPLES OF WELLNESS PROGRAMS
INCLUDE PROGRAMS TO HELP YOU STOP SMOKING, DIABETES MANAGEMENT
PROGRAMS, WEIGHT LOSS PROGRAMS, AND PREVENTATIVE HEALTH
SCREENINGS
• WELLNESS VENDORS CHARGE EMPLOYERS A PER-PERSON FEE TO ASSESS
WORKERS' HEALTH AND MOTIVATE THEM TO EXERCISE, EAT WELL, SEE
DOCTORS AND TAKE PILLS. COMPANIES PUSH WORKERS TO PARTICIPATE WITH
GIFT CARDS, INSURANCE DISCOUNTS AND OTHER REWARDS OR PENALTIES.
• LAST FALL THE CITY OF HOUSTON REQUIRED EMPLOYEES TO TELL AN ONLINE WELLNESS
COMPANY ABOUT THEIR DISEASE HISTORY, DRUG AND SEAT BELT USE, BLOOD PRESSURE
AND OTHER DELICATE INFORMATION. THE COMPANY, HIRED TO IMPROVE WORKER
HEALTH AND LOWER MEDICAL COSTS, COULD PASS THE DATA TO "THIRD PARTY VENDORS
ACTING ON OUR BEHALF," ACCORDING TO AN AUTHORIZATION FORM. THE INFORMATION
MIGHT BE POSTED IN AREAS "THAT ARE REVIEWABLE TO THE PUBLIC." IT MIGHT ALSO BE
"SUBJECT TO RE-DISCLOSURE.
• HOUSTON WORKERS WHO CHECKED THE FINE PRINT SAID THEY WEREN'T SURE WHETHER
THEY WERE JOINING AN EMPLOYEE WELLNESS PROGRAM OR A MARKETING SCHEME.
• ? DO YOU THINK THERE IS A RISK OF VIOLATING PRIVACY AND WHY ?
 INTEGRITY TESTS

• BACKGROUND CHECKS OF APPLICANTS AND CURRENT EMPLOYEES HAVE BECOME A

SOURCE OF CONCERN FOR PRIVACY ADVOCATES.
• IN CERTAIN JURISDICTIONS EMPLOYER ARE USED TO USING EMPLOYEE CREDIT REPORTS,
CRIMINAL BACKGROUND CHECKS, AND OTHER INFORMATION.
• LIE DETECTORS, INTEGRITY TESTS AND PERSONAL TESTS (MEASURE MATURITY,
EXTROVERSION, EMOTIONAL STABILITY).
• THE TWO TYPES OF TESTS RELATED TO INTEGRITY TESTING ARE CALLED OVERT AND
PERSONALITY-BASED MEASURES. THE OVERT TEST ASKS ABOUT PAST BEHAVIOR AND
ATTITUDES ABOUT THEFT AND COUNTERPRODUCTIVE BEHAVIOR.
 EXAMPLES OF INTEGRITY TESTS

• WHAT WOULD YOU DO IF YOUR BOSS TOLD YOU TO DO SOMETHING THAT

VIOLATES COMPANY POLICY?
• HAVE YOU EVER EXPLAINED AN INCIDENT IN A WAY THAT MADE IT SOUND
BETTER THAN IT REALLY WAS?
• IS IT OK TO TAKE FOR YOUR OWN PERSONAL USE SAMPLES INTENDED FOR
CUSTOMERS OR CLIENTS?
 IN THE PAST 12 MONTHS, HOW MANY TIMES HAVE YOU ENGAGED IN OR
EXPERIENCED THE DESCRIBED CONDUCT
(NEVER- ONCE – TWO OR THEE TIMES- FOUR OR MORE)
• LIED TO A SPOUSE, BOY FRIEND, GIRL FRIEND OR SIGNIFICANT OTHER ABOUT
SOMETHING SIGNIFICANT.
• INFLATED AN EXPENSE CLAIM FOR REIMBURSEMENT.
• WAS GIVEN TOO MUCH CHANGE AND KEPT THE MONEY.
• LIED TO A CLIENT OR CUSTOMER ABOUT SOMETHING SIGNIFICANT.
• USED THE INTERNET FOR MORE THAN 15 MINUTES FOR PERSONAL REASONS DURING
WORK TIME.
• PROVIDED A CHILD WITH A FALSE EXCUSE FOR MISSING SCHOOL.
• LIED ABOUT A CHILD'S AGE TO SAVE MONEY.
USES OF INTEGRITY TESTING: PROS AND
CONS

To stem employee theft

Reasons for Use To screen employees and applicants

To replace polygraphs
 DRUG TESTING
DRUG TESTING IS AN UMBRELLA TERM INCLUDING DRUG AND ALCOHOL TESTING,
AND SUBSTANCE ABUSE.
ARGUMENTS FOR DRUG TESTING – DRUG USE CAUSES:
• ACCIDENTS AND INJURIES
• THEFT
• A PROPENSITY TO MAKE POOR DECISIONS
• DEATHS, INJURIES, RUINED LIVES
EMPLOYERS HAVE AN ETHICAL RESPONSIBILITY TO EMPLOYEES AND PUBLIC TO
PROVIDE A SAFE WORKPLACE, SECURE ASSET PROTECTION, AND A SAFE PLACE TO
TRANSACT BUSINESS.
 DRUG TESTING

ARGUMENTS AGAINST DRUG TESTING

• VIOLATES DUE PROCESS RIGHTS
• INVADES PRIVACY RIGHTS
• IGNORES EMPLOYEE’S ACTUAL PERFORMANCE
 GUIDELINES FOR DRUG TESTING

1. WRITTEN POLICIES, APPLIED 1. COLLECTION, TRANSPORTATION AND

IMPARTIALLY. ANALYSIS OF SPECIMENS SHOULD MEET
LEGAL, TECHNICAL, AND ETHICAL
2. CLEAR REASONS FOR DRUG TESTING
REQUIREMENTS.
SHOULD BE DOCUMENTED.
2. QUALIFIED REVIEW OF POSITIVE
3. NOTIFY EMPLOYEES AND APPLICANTS
RESULTS PRIOR TO EMPLOYER
OF DRUG TESTING, THE RIGHT TO
NOTIFICATION.
REFUSE, AND THE CONSEQUENCES OF
REFUSAL. 3. EMPLOYEE OR APPLICANT SHOULD BE
INFORMED AND GIVEN THE CHANCE TO
4. IF RANDOM TESTING, TELL EMPLOYEES
EXPLAIN BEFORE THE EMPLOYER IS
OF THE SAFETY AND SECURITY NEEDS
NOTIFIED.
THAT JUSTIFY TESTING.
4. THE REPORT TO EMPLOYER SHOULD
5. ALL TESTING SHOULD BE DONE
CONTAIN ONLY THE INFORMATION
UNIFORMLY AND IMPARTIALLY.
 MONITORING EMPLOYEES ON THE JOB

PASSIVE MONITORING METHODS - VIDEO CAMERAS IN A LOBBY.

ACTIVE MONITORING METHODS:
• RECORDING THEIR PHONE CALLS OR VOICE MAIL,
• READING THEIR COMPUTER FILES,
• VIDEOTAPING,
• MONITORING EMAILS AND WEB ACCESS,
OF THE 43% OF COMPANIES THAT MONITOR E-MAIL, 73% USE TECHNOLOGY TOOLS TO AUTOMATICALLY
MONITOR E-MAIL AND 40% ASSIGN AN INDIVIDUAL TO MANUALLY READ AND REVIEW E-MAIL.
 MONITORING EMPLOYEES ON THE JOB
COMPUTER MONITORING TAKES MANY FORMS:
• 45% OF EMPLOYERS TRACKING CONTENT, KEYSTROKES, AND TIME SPENT AT THE
KEYBOARD
• 43% STORE AND REVIEW COMPUTER FILES
• 12% MONITOR THE BLOGOSPHERE TO SEE WHAT IS BEING WRITTEN ABOUT THE
COMPANY
• 10% MONITOR SOCIAL NETWORKING SITES

INTERNET, E-MAIL, BLOGS AND SOCIAL NETWORKING

• EMPLOYERS ARE PRIMARILY CONCERNED ABOUT INAPPROPRIATE WEB SURFING.
• 66% MONITOR INTERNET CONNECTIONS
• 65% USE SOFTWARE TO BLOCK CONNECTIONS TO INAPPROPRIATE WEBSITES

? WHAT WOULD THE HIGHEST INAPPROPRIATE SITES LIST INCLUDE (GENRE) ?

 MONITORING EMPLOYEES ON THE JOB

EMPLOYERS WHO BLOCK ACCESS TO THE WEB ARE CONCERNED ABOUT EMPLOYEES VISITING:
• ADULT SITES WITH SEXUAL, ROMANTIC, OR PORNOGRAPHIC CONTENT (96%)
• GAME SITES (61%)
• SOCIAL NETWORKING SITES (50%)
• ENTERTAINMENT SITES (40%)
• SHOPPING/AUCTION SITES (27%)
• SPORTS SITES (21%)
• EXTERNAL BLOGS (18%)
 ARGUMENTS AGAINST EMPLOYEE
MONITORING
• INVASION OF PRIVACY
• UNFAIR TREATMENT
• CREATES STRESS AND TENSION
• EXCESSIVE PRESSURE TO BE PRODUCTIVE
• PRODUCES LOW MORALE
• CREATES A SENSE OF JOB INSECURITY
 POLICY GUIDELINES
ON THE ISSUES OF PRIVACY

1. OBTAIN INFORMED CONSENT BEFORE ACQUIRING INFORMATION.

2. DISCLOSE THE NATURE OF ANY SURVEILLANCE.
3. SET CONTROLS TO AVOID UNAUTHORIZED SPREAD OF INFORMATION.
4. COLLECT AND USE ONLY JOB-RELEVANT MEDICAL AND HEALTH DATA.
5. REQUIRE REASONABLE SUSPICION BEFORE DOING DRUG TESTS.
6. RESPECT AND PRESERVE THE BOUNDARY BETWEEN WORK AND HOME.
 RIGHT TO HEALTH AND FAMILY-FRIENDLY
WORKPLACE
RIGHT TO HEALTH IN THE WORKPLACE - TO CONTROL HEALTH CARE COSTS, FIRMS HAVE
TAKEN DRASTIC STEPS, INCLUDING BANNING SMOKING.
THE FAMILY-FRIENDLY WORKPLACE - A STATE OF EQUILIBRIUM WHERE THE DEMANDS OF A
PERSON’S PERSONAL AND PROFESSIONAL LIFE ARE EQUAL.
POPULAR FAMILY-FRIENDLY BENEFITS
• BRING A CHILD TO WORK IN AN EMERGENCY
• ON-SITE MOTHER’S ROOM
• CHILD-CARE REFERRAL SERVICE
• DOMESTIC PARTNER BENEFITS
?CAN YOU THINK OF ARMENIAN COMPANY THAT IS EXEMPLARY IN THIS RESPECT?
WORKPLACE SAFETY

The Bhopal disaster,

also referred to as the
Bhopal gas tragedy,
was a gas leak incident
in India in 1984,
considered the world's
worst industrial
disasters. Total of
3,787 deaths.
 
WORKPLACE SAFETY

Chernobyl Disaster 1986.

Chernobyl plant operators concealed the
accident from authorities and the local
population, and thus the government did not
even begin limited evacuations until about 36
hours after the accident.
 
 WORKPLACE SAFETY

RIGHT-TO-KNOW LAWS
MANY STATES HAVE PASSED LAWS IMPOSING A DUTY ON EMPLOYERS TO PROVIDE
EMPLOYEES WITH INFORMATION ON THE HAZARDS OF WORKPLACE CHEMICALS
AND TO MAKE SURE THAT WORKERS UNDERSTAND WHAT THE INFORMATION
MEANS IN PRACTICAL TERMS.
 ARMENIAN CONTEXT

THE MINISTRY OF LABOUR AND SOCIAL ISSUES (MOLSI) IS THE MAIN NATIONAL AUTHORITY
FOR LABOR AND SOCIAL MATTERS.
MAIN LEGAL ACTS THAT REGULATE HEALTH AND SAFETY AT WORKPLACE IN ARMENIA
• LAW ON STATE LABOUR INSPECTORATE
• LAW ON REGULATION OF TECHNICAL SAFETY
• LABOUR CODE
• LAW ON ORGANIZING AND CONDUCTING CHECK-UPS
FOR ILO DATA ON ARMENIA CHECK THIS WEB
 WORKPLACE VIOLENCE

ONE OF THE FOUR LEADING CAUSES OF DEATH IN THE WORKPLACE / THE

LEADING CAUSE OF DEATH FOR WOMEN.
DESPITE THIS, NEARLY 70% OF FIRMS DO NOT HAVE A PROGRAM TO ADDRESS
WORKPLACE VIOLENCE.
CONTRIBUTING FACTORS:
• GREATER TOLERANCE FOR VIOLENCE
• EASILY AVAILABLE WEAPONS
• ECONOMIC STRESS
• DIFFICULT JOB MARKET
• INSUFFICIENT SUPPORT SYSTEMS
 WORKPLACE VIOLENCE

WORKERS ARE MOST AT RISK WHO:

• EXCHANGE MONEY WITH THE PUBLIC.
• DELIVER PASSENGERS, GOODS, OR SERVICES.
• WORK ALONE OR IN SMALL GROUPS.
• WORK LATE AT NIGHT OR EARLY MORNING.
• WORK IN HIGH-CRIME AREAS.
 WORKPLACE VIOLENCE

EMPLOYERS ARE HELD LIABLE FOR AN UNSAFE ACT WHEN

1. THE EMPLOYER NEGLECTED TO KEEP THE WORKPLACE FREE FROM A HAZARD.
2. THE HAZARD WAS ONE THAT IS GENERALLY RECOGNIZED BY THE EMPLOYER OR
THE INDUSTRY.
3. THE HAZARD WAS ALREADY CAUSING OR LIKELY TO CAUSE SERIOUS HARM.
4. ELIMINATION OR REMOVAL OF THE HAZARD WAS FEASIBLE.
• GOING POSTAL, IN AMERICAN ENGLISH SLANG, MEANS BECOMING EXTREMELY AND UNCONTROLLABLY
ANGRY, OFTEN TO THE POINT OF VIOLENCE, AND USUALLY IN A WORKPLACE ENVIRONMENT.
 THANK YOU

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