Optimum HR Systems

WHAT OSHA REQUIRES EMPLOYERS TO PAY FOR

By Vija Kelly

When OSHA inspectors go into the field, they are expected to follow guidelines set by the federal agency for inspecting compliance with the various regulations.  Knowing what the inspectors are supposed to look for will help you to know what is expected of you. What follows is the information provided inspectors regarding Personal Protective Equipment. The guidelines for inspectors also serve to help you deal with such problems as disappearing safety glasses. The interpretations of the regulations set in the inspection guidelines specifically give employers the right to ask that employees share in the cost of replacement for “lost” items. This is useful information when setting policies about employee responsibility to take care of equipment issued by the employer.

To keep reading Ms. Kelly, download the entire article in PDF

 

Optimal Knowledge: The Resilience Issue

The new issue of Optimal Knowledge is about resilience. Here is an excerpt from the leading article of Anita Ryan: “At The Crossroads: The Keys to Organizational Resiliency”: “American businesses, large and small truly are at a crossroads. Those organizations resilient enough to have survived the longest economic downturn since the Great Depression are now faced with dual dilemmas that could challenge their continuing success. On the one hand the uncertain global financial situation requires businesses of all types to maintain vigilance related to cash reserves, workforce expansions and internal project investment. On the other hand in certain sectors there has been an easing of recession pressures. An increase in sales has been accompanied by a simultaneous rise in external customer demands and an internal strain on human resources that are already at a breaking point.

The layoffs and hiring freezes that were required at the height of the recession placed an ongoing burden on remaining employees. Increased hours and productivity demands could be sustained for a certain period of time. However, now that 3 years have passed, top employees (and they are the top employees because lower performing workers were cut at the beginning of the downturn process) who have not been sufficiently supported are beginning to respond to the call of recruiters from competing businesses. Suddenly these hard working top-notch people are saying “enough” and considering other options.

Although businesses want to maintain the fast reacting strategies that have enhanced their survival capabilities, now is the time to pull some mid and long terms strategy tools out of their organizational toolboxes.The loss of underappreciated highly skilled key employees is as big a danger to continued corporate resiliency as are poorly constructed or executed sales and marketing plans. So what are these tools?...” Keep reading... 

Optimal Knowledge: The Harmony Issue

In a perfect world, there should be a harmony between what business goals dictate and what compliance requirements impose. This idealistic harmony rarely exists for several reasons. Some companies believe that they cannot afford to make changes in their way of doing business and adjust to a variety of compliance requirements regarding affirmative action, safety regulations, manufacturing processes or other employment related regulations.  Some other companies believe that since they are stellar performers in almost all aspects of their business they probably will not be hit by an audit. Some companies simply don’t know better – they don’t follow changing regulations, trends in auditing, etc.

All these practices can, in the end, be more costly and disruptive than complying in the first place. The goal should be to integrate compliance into every process so that it becomes automatic and you are prepared long before the auditor (inspector) shows up at your front door.

In this issue, Dick Warren writes about the recent OFCCP audit trends and suggests several steps to develop an “audit-ready” Affirmative Action Plan. With several examples of the cost of safety procedures in recent OSHA citations and the steps to avoid them, Vija Kelly stresses the fact that in most cases is less expensive to adhere strictly to the rules out of the gate than to address them after an inspection. Dick Lee speaks about another type of harmony – one that affects us all – the harmony between a costumer-centric healthcare and the business goals of the healthcare providers. His advice applies to any type of organization.

This conversation about harmony should continue at all levels in your organization. Download the Harmony issue.

REGULATIONS: A SUMMARY OF WHERE TO FIND WHAT IN THE CODE

We all know that there are multiple regulations that apply to our workplaces. Finding the ones that apply specifically to our workplace can be a challenge. Easy access to the internet has put all the rules and regulations at our fingertips (or our computer screens) but it has not simplified finding the rules that we are looking for. We thought we would provide you a list of those regulations that apply to most workplaces by subject and including the particular section of the codes(s) where they may be found. Thus, if you go to the OSHA website, www.osha.gov, you can click on the word regulations on the left hand side of the screen and scroll down by number until you reach the regulation you want to access. The same applies to EPA and DOT.

Click here for the balance of Ms. Kelly's article.

 

IMPORTANT RECENT CHANGES AT OSHA

by Vija Kelly

Two developments in OSHA enforcement may have an immediate impact. The first change is a response to studies that have indicated under-reporting of injuries and illnesses. Beginning last year, OSHA launched a “National Emphasis Program on Recordkeeping” with the intent of using stricter enforcement to correct inaccurate and under-reporting. The scope of this program has been broadened.

The second is a direct result of congressional inactivity on amending the OSHAct. OSHA had sought an increase in fines to wield a bigger stick with firms that were willing to risk financially insignificant penalties for non-compliance. No amendment was forthcoming. In response OSHA has changed its penalty calculation system which  effectively raises fines.

NEW ENFORCEMENT OF INJURY AND ILLNESS REPORTING REQUIREMENTS 

• Investigation targets have been expanded to encompass manufacturing companies, companies with large worksites, and companies whose injury reporting rates are much lower than the industry standard.

• The criterion for deletion has been removed for establishments that have recalculated days away, restriction and transfer rates greater than 4.2.

• The injury and illness rate criteria have been changed from a days away, restriction, and transfer rate of 4.2 to a rate greater than 4.2 and less than 8.

• Target list selection will use the data from the 2008 OSHA Data Initiative

• The company records to be examined will focus on 2008 and 2009 calendar years.

NEW PENALTY CALCULATION SYSTEM 

• History reduction will expand from three to five years (that is if you had previous penalties in the last five rather than three years, fines will not be reduced)

• A new history increase—Employers that have been cited by OSHA for any high gravity serious, willful, repeat, or failure-to-abate violation within the previous five years will receive a 10% increase in their penalty up to the statutory maximum

• Time period for repeat violations will be increased from three to five years• Area Director/Informal Conference reductions will be changed

• High gravity serious violations related to standards will be citable as separate violations

• A gravity-based penalty determination will be adopted, providing for penalties between $3000 and $7000• Employment size reductions will be lessened

• The current good faith procedures will be retained• Final penalties will be calculated serially resulting in an increase of approximately 50% to a moderate gravity penalty.

Child Labor Advisor Updated

Following the changes in the regulations, 29 CFR Part 570, regarding certain work environments involving operation of paper-products machines, scrap paper balers, and paper box compactors, considered unsafe and harmful for children between 16 and 18 years old, the DOL updated Child Labor Rules Advisor.  The change in regulations became effective on July 19, 2010 and immediately after that, the online interactive Child Labor Rules Advisor was changed to reflect the information.

The advisor is  part of the Fair Labor Standard Act (FLSA) online initiative, eLaws (Employment Laws Assistance for Workers and Small Businesses) and provides detailed information for business and workers on various issues related to child labor. It is designed for a several audiences – teacher, parents, youth, employers, etc. , but also on designed to answer questions about workers and businesses that are subject to federal child labor rules. This Advisor provides information at different levels of detail, depending on who is seeking the information, (i.e., youth, parent, employer, teacher).

The Child Labor Rules Advisor is also a useful tool to aid in understanding federal employment laws. The DOL advises that you first visit the introductory page, where there is a wealth of information about the basic regulations, FAQ and introduction to the Child Labor legislation.

To see the change in regulation of 29 CFR Part 570, you can visit: http://www.dol.gov/dol/allcfr/esa/title_29/Part_570/29CFR570.63.htm

For further information on labor legislation, please contact Optimum HR Systems labor law specialist, Eric Heiberg at eheiberg@chvv.com

OSHA 300A SUMMARY MUST BE POSTED

1 February Through 30 April 2010

• The summary must include all OSHA recordable incidents
• The summary must be posted even if you had no injuries
• The summary must be taken down at the end of April
• If you have employees working at remote locations, you must furnish them with a copy of the summary

The OSHA 300A form is a summary of all of your recordable illnesses and injuries for the previous year. Injuries, as specified in the code, include such things as measurable hearing loss as well as what the word “injury” brings to mind.  The form also requires you to furnish the man-hours worked. And, it must be signed by an officer of the company.

The OSHA 300A summary is compiled from the OSHA 300 log which must be maintained throughout the year.  In fact, illnesses and injuries must be posted to this log within three days of occurrence. The back-up information required for each entry is “The First Report of Injury” and any subsequent medical information such as recommendations for light duty, job transfer or medical treatment.

One of the commonest problems we find is over-reporting. To be recordable the injury must be work-related, require medical attention and involve lost workdays or job transfer. When posting “lost time” illnesses and injuries, remember that the count begins with the first work day after the illness or injury happened. It is sometimes advisable to fill out a “First Report of Injury” when an injury happens that may or may not end up being recordable. The report than can be removed from the file and not entered if it is not recordable, or entered if it does.  An example might be a cut. If the cut does not require stitches and does not result in job transfer or lost workdays, then it may be treated as a warning that you need to find out why it happened and address that issue. If it requires stitches, it becomes a recordable injury and is entered on the log and subsequently counted in the 300A Summary. The same accident investigation requirements apply.

For more information, please contact our OSHA specialist, Ms. Vija Kelly

DRIVING ON COMPANY BUSINESS

by Vija Kelly, Optimum HR System Associate

A lot of companies have cars that are operated for company business. It may be as simple as a clerical worker driving a deposit to the bank or as complicated as a large delivery truck that logs thousands of miles per year. Automobiles may be owned by the company, owned by an individual who is given an allowance for travel, or rental vehicles.  

All of these instances require that a company have a written policy that addresses the company’s expectations of drivers. Additionally, for vehicles that weigh 10,001 pounds or more, there are strict Motor Vehicle Regulations that need to be followed. A written policy assures that company personnel know what is expected of them, both from a safety and regulatory aspect, documents what the company is doing, and provides the basis for training of employees. Although there is overlap in policies for motor vehicle fleets and personal cars used for company business, there are significant differences on what is actually required by various regulations.

There are basically four different types of vehicles that could be driven on company business:

1. Vehicles with a gross weight of 26,001 pounds or more.  These vehicles and their drivers must meet very complicated and extensive rules including the need for a Commercial Vehicle License, routine drug testing, on duty time logging, etc. The application, employment and recordkeeping requirements are very specific including health documentation, motor vehicle record checks and motor vehicle record evaluation.
   
   There are also strict inspection and maintenance requirements for these vehicles, as there are for the next category.
2. Vehicles with a gross weight of 10,001 pounds.  These vehicles are considered “Commercial Motor Vehicles”. Although their drivers are not required to have a commercial drivers license, there are strict requirements for driver applications, records, duty time logging, etc.
3. Trucks with a gross weight of under 10,000 pounds. These are not “commercial” vehicles, but insurance companies will require that anyone who drives these vehicles meets some basic requirements and that a company have a fleet safety policy which covers safe operation.
4. Automobiles, either furnished by the company or personal, operated on company business. Rental vehicles may also be put into this category. Drivers of both types of vehicles should be required to meet basic requirements, such as no moving violations within a specified period of time, no DUIs, etc. Safe operation policies should be in writing.

Keep reading...

MINIMIZING THE SPREAD OF H1N1 IN THE WORKPLACE

by Vija Kelly, a Optimum HR Systems Associate

The H1N1 virus continues to spread both globally and nationwide. The alarming thing is that there has been no abatement in the spread during the time of the year when the spread of flu normally slows. The effects of the flu continue to be quite mild. Also, the flu has mostly affected young people. Older people seem to have some immunity. There are currently 300 mutations known to have happened to the virus. The next mutation could make the illness more severe.

Employee absenteeism will likely be the greatest problem especially with workforces cut to the bone because of the poor economy. The Center for Disease Control is recommending that persons who get ill stay out for seven days or two days after all of their symptoms have disappeared. This can severely strain production capability.

The development of a vaccine is still in process. The first priority nationwide may be to inoculate pregnant women, health care workers and young children. It is unlikely that there will be enough vaccine to inoculate the work force.

What you can do to minimize the spread of the flu in your workplace:

1.Educate your employees

      a.     Cover coughs and sneezes

      b.     Wash hands frequently

      c.     If you are ill, stay home

Hygiene posters should be posted in lunchrooms and washrooms.

2. Practice good housekeeping

      a.     Clean lunchrooms and washrooms thoroughly

      b.     Frequently clean high-touch surfaces such as toilet handles, microwaves handles, faucet handles, refrigerator handles, computer keyboards.

Just wiping down surfaces is not sufficient. H1N1 is a virus.  Surfaces need to be cleaned with soap and water or a cleaning solution with antiseptic  properties. Products containing alcohol, ammonia or chlorine bleach will dothe job. Just don’t mix ammonia and chlorine. It could be lethal!