HR Forum

White House gets behind the issue of bullying and how to prevent it

Bullying has grown much bigger than a few mean-spirited taunts from kids on the playground. It has become a type of emotional and verbal warfare that is fought at any age, in any social circle and in virtually any setting (workplaces included). And sometimes the consequences are devastating, as we saw with the tragic stories in 2010 of beleaguered teens taking their own lives to escape the near-constant mocks and insults.

What’s even clearer is that bullying is not some sort of harmless “acting out” that can be brushed aside. Because of electronic mediums and networks like email, texting, Facebook, YouTube videos and more, bullying can become much more pervasive than we ever imagined. We even have a term for it: cyberbullying.

Putting some political muscle behind the issue, President Obama and First Lady Michelle Obama hosted the first-ever White House Conference on Bullying Prevention last Thursday, March 10. It brought together educators, experts, politicians and other concerned individuals to explore how bullying affects American communities and what can be done to minimize it.

"If there is one goal of this conference, it is to dispel the myth that bullying is just a harmless rite of passage or an inevitable part of growing up," Obama said in a speech.

So what about bullying in the workplace? Is it really that big a deal? Unfortunately, yes! And we’re learning that it’s just as likely to be delivered by females as it is men. According to a nationwide poll by the Employment Law Alliance, 45 percent of American workers say they’ve experienced workplace abuse, and 40 percent of these bullies are women (with women bullies picking on other women more than 70 percent of the time).

Left unchecked, bullying can deal a dangerous blow to workplace productivity, as well as the individual’s health, causing headaches, loss of appetite, high blood pressure, insomnia, depression and panic attacks.

To deal with being bullied at work, Dr. Michelle Callahan in an article at huffingtonpost.com recommends:

Don't get emotional. Bullies take pleasure in emotionally manipulating people. Stay calm and rational to diffuse the situation.
Don't blame yourself. Acknowledge that this is not about you; it's about the bully. Don't lose your confidence, or think you are incapable or incompetent. They are usually beating you at a mind game, not based on your actual work performance.
Do your best work. The bully's behavior will seem more justified if you aren't doing your best work, or if you do things like come to work late, take long lunches, turn in work late, etc.
Build a support network. Instead of allowing the bully to make you retreat into your office, work on building your relationships with your coworkers so that you have support and the bully doesn't turn them against you as well (although she will try and may even be successful).
Document everything. Keep a journal (on your personal computer or in writing, but never leave it in the office) of what happened when (and who witnessed it) so that if you need to escalate this problem to Human Resources, you have the information you need to make your case. Keep emails and notes.
Seek help. If you think you're being bullied, it's time to start talking to others who can help you manage this situation. Try a mentor, advocate, seasoned/experienced friend, even a legal advocate who specializes in bullying and inappropriate or discriminatory behavior in the workplace.
Get counseling. It will help you deal with the stress, especially if the bullying is already affecting your physical and mental health. You have to take care of yourself.
Stay healthy. Maintain a healthy and balanced lifestyle outside of work to help you cope with the madness at work. Work out, get a good night's sleep and eat a healthy diet.
Educate yourself. Learn everything you can about bullying, your company's policies on inappropriate behavior and occupational law regarding this kind of experience. The more you know, the better your chances of successfully dealing with this situation.
Don't expect to change the bully. Real behavior change is difficult and it takes time. You have no control over a bully's willingness to accept that they have a problem and to work on it. You can do your best to manage the situation, but it's really the company's responsibility to be observant and responsive to the needs of their workers and the general work environment.

Regarding the 10^th suggestion, there are many things you can do as an employer to support a more inclusive corporate culture and prevent bullying and other types of harassment. On-site training can go a long way toward spreading the message that workplace bullying will not be tolerated – at any time and in any form.

OSHA issues new guidelines on Personal Protective Equipment (PPE) compliance

Today’s post comes from G. Neil’s HR News Weekly:

A new directive issued by the Occupational Safety and Health Administration (OSHA) – titled Enforcement Guidance for Personal Protective Equipment in General Industry – will assist enforcement personnel in determining whether employers are in compliance with PPE standards.

Effective Feb. 10, 2011, the directive replaces Inspection Guidelines for 29 CFR 1910 Subpart 1, the revised Personal Protective Equipment Standards for General Industry issued in June 1995. It clarifies what type of PPE employers in general industry, shipyard employment, long shoring, marine terminals and construction must provide at no cost to workers. This typically includes goggles and face shields that fit properly without restricting vision; earplugs and earmuffs that reduce noise to acceptable levels and cost less than administrative and engineering controls; and respirators that protect workers from exposure to air contaminants.

The directive also addresses the types of PPE exempt from the employer payment requirements. Lastly, it covers PPE enforcement policies based on court and review commission decisions.

Learn more about OSHA safety standards and recordkeeping guidelines here.

No excuses! Employees can't dodge a well-defined employee attendance policy

No matter how compelling the reason (and employees come up with loads of them), missing work without permission is unacceptable.

In a recent appealed court case, Matter of Rivers v. Commissioner of Labor, the ruling stands that an employee’s unapproved absence was properly deemed misconduct and as such, made the employee ineligible for unemployment benefits.

The employee, an automotive technician, requested time off to spend time with his son returning from Iraq. He was approved for one day. But when he decided to extend his family visit two additional days without approval, he opened an unintended door. When he returned, he was fired for misconduct and as a result, couldn’t file for unemployment.

If we were to step out of the “employer’s advocate” arena for a moment, we might feel an emotional pull regarding the employee wanting to reconnect with his son. But rules are rules. Most employers have a clear employee attendance policy that outlines the request/approval process … and specifies that a “no show” is grounds for disciplinary action or termination. That’s your first line of defense. Your second line, regarding using “misconduct” as a basis for denying unemployment benefits, is showing that the employee deliberately and willfully engaged in activity that showed a complete disregard for your workplace standards and policies.

This employee overstepped his bounds on both counts … and suffered the consequences.

Private-sector jobs took a robust turn in February

It’s up. It’s down. It’s up again. Tracking the U.S. employment climate can be a little bit like following a Hollywood celebrity’s career. But for today, the news is good.

Private-sector employment jumped 217,000 in February – with medium businesses adding 104,000 jobs; small businesses, 100,000 jobs; and large businesses, 13,000 jobs.

The speed of gains is accelerating, too. From December 2010 through February 2011, the average gain was more than 200,000 – compared with an average gain of just over 60,000 during the previous six months.

"Looking at the ADP numbers over the last five or six months, the trend is clearly toward stronger private sector employment and we should see that trend going forward," said Steve Blitz, senior economist for ITG Investment Research in New York.

The comments are in … is an NLRA posting on union rights forthcoming?

Today's post comes from G.Neil’s HR News Weekly:

As we indicated in an earlier post, the Office of Management and Budget (OMB) was accepting comments through Feb. 22, 2011, on a proposed rule by the National Labor Relations Board (NLRB). The rule would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights.

Of the more than 4,000 comments received by the OMB a week before the deadline, many of them questioned whether the NLRB has the authority to issue this rule since the NLRA contains no provisions regarding a mandatory posting. A good portion of comments also questioned the actual content of the poster, particularly the fact that it doesn’t address the negative aspects of joining a union.

In related news, a House subcommittee recently held a hearing to examine the direction of the NLRB, including certain decisions and initiatives that may have overstepped the agency’s boundaries. In addition to criticisms against the role that organized labor has played in recent years, a prevailing theme at the hearing was the appropriateness of the proposed NLRA posting. Many of the unfavorable comments echoed those received by the OMB during the 60-day comment period.

After the hearing, NLRB Chairman Wilma Liebman stated:

“The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy. … We are actively seeking input from practitioners and from the public, by inviting briefs for important cases that are under review, and by using the process of federal rulemaking to seek comments on one potential change intended to inform American employees of their statutory workplace rights.”

Now that the comment period is over, the NLRB has 90 days to review the public comments and issue a final rule. Stay tuned for continued updates on the proposed rule and whether a mandatory Federal poster is released as a result (most likely by this summer).

Newly issued Employment Authorization Card now acceptable with Form I-9

The United States Citizenship and Immigration Services (USCIS) is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.

While it looks similar to the current Employment Authorization Document (EAD), the credit card-sized Employment Authorization Card includes new text that serves as both an employment authorization and Advance Parole document. The combination card is also more secure and durable than the paper Advance Parole document.

Employers may accept the new card as a “List A" document to prove the identity and work eligibility of a newly hired employee when completing the Form I-9.

Proposed bill takes aim at 20-year minimum wage for tipped workers

For the past 20 years, the minimum wage for tipped employees has remained at $2.13 per hour.

Congresswoman Donna Edwards of Maryland hopes to change that. She recently introduced a bill (H.R. 631) that would increase the minimum wage for employees who live off tips to $3.75 an hour, eventually reaching $5.50 an hour. The bill is currently under review by the House Committee on Education.

A recent report, “Behind the Kitchen Door: Inequality & Opportunity in Washington, D.C.’s Thriving Restaurant Industry,” revealed that restaurant workers made, on average, $22,218 in 2009. In addition, nearly 90 percent of the workers reported that their employers did not offer health insurance.

Is your cube-mate super laid back ... or dead?

What a dead-end job.
There was stiff competition for the position.
She must have been dying for a promotion.

The puns are running amok over the story of a Los Angeles County employee who lay dead and slumped over in her office cubicle for an entire day before anyone noticed. Last seen alive at 9 a.m. the previous Friday morning, the 51-year-old auditor was found by a security guard doing his rounds on a Saturday afternoon. The woman most likely died from a stroke or heart attack.

Your first inclination may be to snicker, but the honest truth? This is absolutely horrible PR for the business, the woman's manager and the woman's coworkers. Instead of chuckling, HR managers and corporate leaders should be looking at this incident as a wake-up call.

What type of manager is so disconnected with his or her staff that an employee could pass away undetected? Even mediocre managers touch base with their employees daily, if just to say "Hi" or "Have a great weekend" on a Friday afternoon. And happy coworkers - team players - would certainly notice a neighbor in distress.

Focus is a great thing in the workplace, but not to the point of being clueless. We don't have to be best friends with everyone we share office space with, but social niceties go a long way. Take enough interest in the people around you that you'd recognize if they were in trouble ... certainly if they were unconscious! There is an opportunity for every HR professional in America to use this unfortunate event as a point of discussion regarding the level of interaction between managers and employees.

It's too easy to make light of this story, but the reality is this: Someone died while on the job and it took nearly 24 hours for anyone to notice. Could this ever happen in your workplace?

People say - and do - the craziest things in job interviews

HR professionals and hiring managers know that interviews can be stressful for even the most competent and composed applicants. After all, they’ve been on the other side of the desk before. Yet, there are certain scenarios that defy reasonable explanation and leave them scratching their heads in disbelief.

To prove our point, we’ve compiled a “Top 10” list of job interviews that went sour … and why:

1) “I had a candidate open his briefcase, pull out a package of cheese crackers and a juice box, and munch away on his midday snack while I was asking him questions. He said he’d had no time to eat because he was interviewing all day!”

2) “How about the guy who forgot dark socks to wear with his suit so he colored in his ankles with a black, felt-tip marker?”

3) “I’ve had numerous interviews where the person’s cell phone goes off and rather than apologize and quickly turn off the phone, the person checks the number. So rude.”

4) “When I asked this particular candidate (a 20-something with about five years of work experience) why she was looking to change jobs, she answered, ‘Well, I’ve been sitting around twiddling my thumbs for the last few months.’”

5) “My most unique experience was the candidate who told me he was abducted by an alien who told him to apply for the job – and to report what he learned back to his alien leaders.”

6) “I wished I had never offered this particular woman a cup of coffee because when she set the cup down on my desk, she immediately knocked it over and spilled the piping hot liquid all over my papers and files.”

7) “I’ve seen some interesting clothing choices through the years, but the best ever was the man who showed up in a powder-blue leisure suit, straw hat and flip-flops. And no, he wasn’t applying for a creative position or auditioning for a part in a play!”

8) “Granted, this particular candidate told me he wasn’t feeling well before the interview, but, about 15 minutes into it, he got this strange look on his face, jumped up out of his chair, and promptly threw up all over my office floor.”

9) “After the initial interview with an applicant, I explained the final step in the hiring process would be drug testing. She then responded, ‘Oh, what type of drugs do you want me to test?’”

10) “Before the interview even started, I had a candidate ask me to see where he’d be seated when he got the job. He said he needed to check out the space to make sure he’d have enough privacy!”

Uphold your role in the interview process

On the flip side, you don’t want to be the reason the job interview was a flop. When you’re responsible for interviewing applicants, take the time to define the job and its requirements, schedule interviews only after you’ve reviewed the resume and/or application (and can give the candidate your full attention), and steer clear of illegal interview questions concerning an applicant’s age, race, sex, disability, religion, national origin, pregnancy and any other protected classification.

And if a candidate tells you he’s fighting a bad case of the stomach flu, you may want to reschedule the interview!

With a detailed workplace policy, checking personal email usage is fair game

In an ideal world, your employees would use the Internet, e-mail, company-supplied cell phones and other electronic equipment for legitimate business only. No online shopping while on the job; no browsing nonwork-related websites for hours at a time; no e-mailing coworkers the latest joke or company gossip; and no texting friends and family on a company cell phone or pager. But we know better. For all the conveniences electronic equipment provides in the modern workplace, it also opens the door to abuse, which is why most employers monitor electronic equipment for inappropriate or excessive personal use.

But how deep can you dig? In most situations, that depends on your electronic communications policy – and the specifics of said policy. As a recent court decision revealed, precise wording matters. In Holmes v. Petrovich Development Co., LLC, an employee sued her employee for discrimination and retaliation. While developing its defense, the employer identified emails the employee sent to her attorney from her work computer using her personal, password-protected email account. Although the employee argued that the emails were off-limits due to attorney-client privilege, details in the employee handbook proved otherwise.

There, in black and white, were the following guidelines: (1) company computers are to be used only for company business; (2) employees are prohibited from accessing personal email on company computers; (3) the company will monitor its computers for compliance with the policy and thus might "inspect all files and messages . . . at any time"; and (4) employees using company computers to create or maintain personal information or messages "have no right of privacy with respect to that information or message."

Due to the explicit and prohibitive workplace policy (which the employee received and reviewed), the court ruled that the emails were not privileged and that the employer was entitled to use them in the case.

Lesson learned: Your employee handbook should include a well-drafted electronic communications policy that informs employees that there will be no expectation of privacy for personal business conducted on company equipment – and that your company may review e-mails, voicemails, web search history and other activity for any legitimate business purpose. The policy should also advise employees that use or misuse of company equipment violates company policy and is subject to disciplinary action. That way, your company is shielded from liability for reasonably reviewing employee communications.

New bill would require employers to grant time off to veterans on Veterans Day

The U.S. House of Representatives recently introduced a bill that would give veterans November 11 off for the Veterans Day holiday. If signed into the law, the bill would apply to employers with 50 or more employees, and employers could choose whether to offer the day off paid or unpaid. Also, employees seeking the time off would have to provide at least 30 days’ notice.

The proposed legislation is modeled after a law that already exists in Iowa. Supporters of the bill say veterans have earned the right to a day off that recognizes their service. Opponents, however, fear that the legislation would create a division between employees and put undue financial restraint on employers.

Check back here for updates on the status of the bill – and if it will require a mandatory posting in the workplace.

Reminder: OSHA Form 300A posting deadline right around the corner!

Just so the date doesn’t get away from you … OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be displayed from February 1, 2011, through April 30, 2011. The form summarizes the number of on-the-job injuries and illnesses for the calendar year, as logged on the OSHA Form 300.

It should be posted in a conspicuous place by February 1 and remain on view through April 30 – in a location where it can’t be altered, defaced or covered by other posted material.

A few things to keep in mind:

=> Even if there weren’t any recordable injuries or illnesses in 2010, you must post the form with zeros on the “TOTAL” line.

=> Copies should be made available to any employee who might not see the summary (a remote employee who works from home, for example).

=> You’ll need certain employment information, such as the annual average number of employees and total hours worked in the calendar year, to determine incidence rates.

=> You should post separate summaries for each work site.

=> Your business is exempt if you employ fewer than 10 workers (and had no fatalities).

=> The form must be filled out and certified by a company executive as correct and complete.

In a weak economy, discrimination charges strengthen

Not good. Not good at all. According to a wsj.com article, workers filed a record number of discrimination charges against employers last year. And once again, the strained economy is to blame.

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) climbed to nearly 100,000 – a 7% increase from the year prior and a 21% jump from 2007.

Joe Trauger, vice president of human-resources policy for the National Association of Manufacturers, a business trade group, explains:

"When times are good, people are happy and when they're not, they aren't. Anytime we go into a recession or the economy gets a little shaky the numbers seem to spike a bit.”

The fact that the EEOC has ramped up its budget and staffing may be contributing to the increase, as well. With more resources to work with, the agency is working harder to educate employees about their workplace rights while also making their services more user-friendly and accessible.

Apparently workers are getting the message. They’re quicker to recognize discriminating behavior and take legal action when they feel they’ve been wronged.

The message, then, for employers is to ensure a harassment-free workplace supported through clear workplace policies, strict adherence to anti-discriminatory labor laws, and ongoing employee and manager training.

New year, new tax forms - Get your updated 2011 W-4s now

It had a bit of a bumpy start in the new year, but the updated Form W-4 is now available.

Here’s what happened: The form released by the Internal Revenue Service (IRS) on January 3 (and published again on January 6) included an incorrect OMB number (located at the top right corner of the form). Soon after our own legal research department detected the error, the IRS released a corrected version of the form on January 7.

As you know, a Form W-4 must be completed by new employees when they begin a job to claim withholding allowances on income tax returns. A new Form W-4 is also required when a current employee’s tax status changes, such as with the birth of a child or a change in marital status.

You can get your updated Form W-4s here. We offer a variety of formats (paper, downloadable, state-specific, multi-pack sets, with imprint) and support materials (tip sheets, an informative W-4 Poster) to meet your business needs and help your employees avoid costly tax mistakes.

Enforcement kicks into high gear - Don't leave your compliance efforts idling!

After shoring up their resources last year, the Equal Employment Opportunity Commission (EEOC) and Immigration and Customs Enforcement (ICE) are flexing their enforcement muscles ... and planning to pack a punch in 2011.

Increased staffing and a sharper focus on enforcement will mean more audits, more investigations into complaints and more inspections in the months ahead.

The EEOC, for example, received a record-high of 99,922 discrimination charges in 2010. Yet because of the EEOC’s expanded resources, the number of pending charges dropped by 14 percent. And that’s not all: Greater claim-processing procedures resulted in the EEOC collecting an all-time high of $404 million from employers last year.

ICE is making its presence known, as well. Last year, the agency conducted more than 2, 200 employer audits, which led to 180 criminal charges. And immigration enforcement continues to be a priority for the Obama administration, with ongoing goals to conduct on-site inspections (particularly businesses that employ workers with H-1B visas) and expose illegal hiring practices.

In light of these recent statistics, it’s never been more important to prevent harassment and discrimination in the workplace (via clear policies, legally sound actions and attitudes, and regular training) and to keep scrupulous I-9 records on all employees. Otherwise, you could find your company on the receiving end of a discrimination lawsuit or I-9 audit.

If proposed NLRB rule is finalized, mandatory federal poster will follow

The National Labor Relations Board (NLRB) published a proposed rule last month that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. According to the NLRB, the purpose of the proposed rule is “to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.”

Comments on the proposed rule will be accepted through February 22, 2011; then the Office of Management and Budget has 90 days to review the comments and issue a final rule.

Check back here for updates on the proposed rule and to learn if a mandatory federal poster is released as a result (most likely by this summer).

Will they stay ... or will they go?

Lose 10 pounds … cut back on caffeine … learn a new language … get a new job. With the lifting of the recession and the ringing in of the new year, many employees are taking a long, hard look at their careers and planning their exit strategy. And a big reason for their departure may surprise you: lack of trust.

According to Deloitte LLP’s fourth annual Ethics & Workplace Survey, one-third of the nation’s employees will renew their job search as the economy revives. Approximately 48 percent of the respondents cite a loss of trust in their employers as a motivator for seeking a new job. At the same time, 46 percent blame a lack of transparent communication from their company’s leadership as a reason for looking elsewhere.

What’s going on here? And more important, what can management do to regain employee trust and pull back the curtain on the major decisions affecting the workplace?

While you can’t eliminate the economic uncertainties that linger even in the new year, you can invest in the mental well-being of your employees. Here are some steps in the right direction:

1. Create a clear sense of purpose. When budgets get cut and staffs downsized, employees often wonder when a pink slip is coming their way. Managers can allay fears by meeting with employees after a layoff or restructuring to revisit corporate and departmental goals. Remaining employees must understand they are critical to the ongoing success and profitability of your company. Meet regularly to share revised goals and expectations. Clearly define roles and responsibilities. And most of all, let employees know that “we’re all in this together.” Getting through challenging times is easier when everyone is working toward a common objective.

2. Get employees involved in what’s next. Once employees understand they are important to the ongoing viability of your company, encourage them to uncover and share ways to improve efficiency – to find a better way. If employees believe their ideas will be heard and implemented, they are more likely to go above and beyond. Attaching rewards to great ideas and sharing them corporate wide also cultivates an environment of value and security.

3. Dole out “thank yous” and compliments. When raises aren’t possible in tough economic times, it is imperative that leaders and managers increase their efforts to bestow positive praise on a regular basis. Heartfelt words of recognition and encouragement have a way of immediately lifting spirits. Look for ways to call out a job well done, whether it’s submitting an error-free report, staying on task with a high-profile project or working well with others on a team initiative. For most employees, being valued and praised for their hard work is just as important as a paycheck.

Previous posts:
Through thick and thin, it’s the people who matter most

Why it’s just as important to dole out the praise as it is the pay

The clock is ticking to process the new payroll tax cut for employees

Happy New Year, HR Forum readers! I hope you weathered every HR storm in 2010 with wisdom and finesse - and that 2011 brings you and your business continued growth and success. Check back here often for insight and guidance with the biggest challenges the new year throws our way. It's bound to be an interesting 12 months, with many twists and turns in the worlds of labor law, people management and HR. Together, we can tackle the toughest issues and map out the smartest solutions.

Now for the first topic this year ... taxes!

Thanks to the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, millions of employees will see a bump in their take-home pay this year. That’s because the recently passed Act provides a tax cut that reduces the Social Security (FICA) tax withholding rate from 6.2% to 4.2% of wages paid. For an employee earning up to the $106,800 taxable earnings cap, this 2% reduction amounts to a tax savings of $2,136.

While this is good news for employees, the change is putting employers in a bit of a bind to quickly implement the changes. The IRS is instructing employers to process the new withholding “as soon as possible in 2011 but not later than Jan 31, 2011.” If you accidentally process the payroll tax withholding at the higher 6.2% rate, you must reimburse employees the difference by March 31, 2011.

In addition to the reduced Social Security withholding, the IRS released new income-tax withholding tables for 2011. (The new law maintains the income-tax rates from recent years.)

Because employers and payroll companies must handle the withholding changes, employees won’t be required to take any additional action, such as filling out a new Form W-4

Please note: As soon as it is released by the federal government (usually in January of the new year), we will update the Form W-4 required by every employee to claim (or makes changes to) their tax withholdings.

Are you doing enough to prevent breaches of protected health information?

HIPAA violations can have serious legal consequences.

Case in point: A federal grand jury has indicted a former employee at the University of Pittsburgh Medical Center for allegedly stealing patient data. The defendant disclosed to other people the names, birth dates and Social Security numbers of patients – information later used to file false tax returns. The law carries of maximum sentence of 80 years in prison, a fine of more than $4.7 million, or both.

In another case, a former researcher at the UCLA School of Medicine has been sentenced to four months in federal prison for HIPAA violations. Upon learning that he was being dismissed from his job, the UCLA employee accessed the medical records of his superior and coworkers, as well as more than 320 patient records (many of them celebrities) during the following four weeks. Charges were filed in 2009 and the defendant pleaded guilty in early 2010 to four misdemeanor counts of illegally reading private and confidential medical records.

Not only do these cases demonstrate the long reach of HIPAA enforcement, but also the importance of bumping up security and other safeguards to prevent these types of medical data breaches.

What is a breach?

A breach occurs when 1) there has been “unauthorized” access, use or disclosure of “unsecured” PHI that violates the HIPAA Privacy Rule, and 2) the disclosure “compromises the security or privacy” of the PHI, which means that it “poses a significant risk of financial, reputational or other harm to the individual.”

What is “unsecured” PHI?

The rules define “unsecured” PHI as any information that has not been rendered unusable, unreadable or indecipherable to unauthorized individuals through the application of a technology such as encryption and destruction.

Encryption - Proper encryption should use an algorithmic process to transform data into a form that is meaningless without a confidential process or key (which also must be protected).

Destruction - Hard copy PHI, such as paper or film, needs to be thoroughly shredded or destroyed so that it cannot be read or reconstructed.

How do I protect my business?

To steer clear of HIPAA violations and breaches, you should:

Establish breach notification procedures and update policies - Develop guidelines for determining when a breach has occurred, who will prepare individual notifications, and when a breach will trigger a requirement for notice to the media or immediate notice to HHS. Amend your HIPAA privacy and security policies, too, to cover the security breach notification rules.

Maintain a breach incident log - Set up a system to log security breaches affecting fewer than 500 individuals, which you must file with HHS within 60 days after the end of the year.

Revise business associate agreements - Discuss with your business associates (and put in writing) when they should notify you of a breach by their organization, what information should be reported, and which party will issue the required notifications.

Train employees on proper procedures - Employees should understand when they have encountered a breach and how to report it. A successful training program will provide formal instruction on HIPAA-related policies and procedures, as well as build awareness through workplace postings and other employee materials.

Employee safety during winter's "big chill"

When the winds are howling, the snow drifting and the temperatures plummeting, your employees have more to worry about than “Jack Frost nipping at their nose.”

If forecasts hold true, this could continue to be an especially rough winter season for much of the country. Now is the time to step up your cold-weather safety training to ensure your employees work safely outdoors and are prepared for any winter-related emergencies.

For your employees at the greatest risk …

If your business involves construction, commercial fishing, maritime or agriculture, much of your workforce is directly exposed to the dangers of extreme cold. Meet your obligation under OSHA to provide a safe working environment by educating outdoor employees on cold-weather risks and guiding them on proper winter wear.

The two biggest health threats for your outdoor employees are frostbite and hypothermia. Alert them to the early signs of cold stress, and what they should do if they (or a coworker) show symptoms of either condition.

Frostbite occurs when body tissues freeze, most often affecting the fingers, toes, nose, cheeks and ears. It can permanently damage tissue and cause loss of movement in the areas affected. Early symptoms include numbness, tingling or stinging, aching, and bluish or pale skin.

Recommended first aid: Move the victim to a warm room or shelter; discourage the victim from walking on frostbitten feet or rubbing the frostbitten area, which can cause damage; and immerse the affected area in warm water.

Hypothermia occurs when body temperatures drop to dangerously low levels due to exposure to cold (as well as other factors, such as high winds, exhaustion and wet clothes.) Early symptoms include shivering, fatigue, loss of coordination and disorientation. In later stages, hypothermia can lead to bluish skin, dilated pupils, slowed pulse and even unconsciousness and death, if left untreated.

Recommended first aid: Move the victim to a warm room or shelter; remove wet clothing; warm the chest, neck, head and groin with an electric blanket, if possible; provide warm beverages; and keep the victim dry and wrapped in a warm blanket.

Keep in mind that these risks increase significantly in relation to the windchill factor. On blustery, cold days, the wind eliminates the thin layer of air that acts as an insulator between the skin and the outside air, which can cause a loss of as much as 80 percent of a person’s total body heat.

Even when conditions aren’t severe enough to cause frostbite or hypothermia, they may lead to other safety hazards for your employees. For example, a worker that loses feeling and dexterity in his hands may have difficulty handling tools, equipment and other materials, increasing the chance of an accident.

What they wear matters

The right clothing is a vital defense against the cold weather. While OSHA does not require you, in most cases, to provide cold-weather personal protective equipment (PPE) to employees at no cost to them, it’s certainly a good idea to inform them on what type of gear will safeguard them from the elements.

To prevent heat loss, employees should wear several layers of loose clothing and a durable winter coat that provides adequate insulation, sheds snow and wetness, and allows the escape of moisture from within. Thermal underwear is also recommended, along with wool socks, quilted or lined pants, waterproof, insulated footwear, wool knit caps or hat liners, and gloves or mittens.

Office feeling a little ho-hum? Wrap up the gift of employee morale

Between planning a cross-country vacation to visit Aunt Judy or navigating the nearest mega-mall for last-minute gifts, many employees find their focus dropping faster than the needles on a Fraser fir during the holiday season.

The floundering economy has many a staff crying, “Bah! Humbug!”, as well. Whether it’s due to weak, year-end sales or the company being forced to cancel the annual holiday extravaganza, employee morale may be in a slump. From G.Neil’s HR Library of interesting, insightful HR articles, I bring you some tips to boost employee morale during the holidays and keep energy levels high well into the new year:

Food. Food has a magical way of bringing employees together and putting everyone in a good mood. Throughout the year and especially during the holiday season, get employees together by holding bake sales for charity, organizing potluck luncheons or simply bringing in a bag of bagels.

Holiday cards. Business holiday cards are a simple and easy way for companies to show their appreciation for the hard work employees have put in all year long. Remember to go one step further and write a personal, hand-written message on the inside of the card for a special touch.

Compliments. Like a sweet treat, compliments have a way of immediately lifting our spirits and bringing a smile to our face. Encourage supervisors to compliment their employees regularly. It’s a free and easy way to improve employee morale not only during the holidays, but year-round.

Fun. Look for simple ways to lighten the mood at work. Hold whimsical contests, bring in pizza for lunch or make up playful celebrations, like “Favorite Team Jersey Day.” If the weather permits, buy some frisbees or footballs and take the action outside of the office. Keep your ideas simple, get everyone involved and have a good time.

Humor. Bring some laughter back into the office with a fun activity. For example, organize an office-wide event where employees hand out funny awards to coworkers and supervisors. Keep costs low by using common office supplies to create the awards. See how creative employees can get by using what they find in the supply cabinet.

The holidays offer a great opportunity to improve employee morale around the office. All it takes is a little ingenuity and some simple ideas. Don’t wait until January 2nd to get started - get going today!

DOL and ABA partner to help resolve wage-related complaints

In the first-ever collaboration between a federal agency and the private bar, the Department of Labor (DOL) and American Bar Association (ABA) will join forces to resolve employee complaints received by the Wage and Hour Division (a department that handles more than 35,000 employment-related legal complaints in a typical year).

Through an attorney-referral system, the new program will ensure more workers obtain legal assistance for complaints such as not getting paid the minimum wage, not being paid overtime, or being denied family medical leave.

As of December 13, complainants whose cases cannot be resolved by the DOL due to limited capacity will get a toll-free number connecting them to a network of state and local ABA-approved attorneys. If the DOL has already conducted an investigation, the complainant will receive the findings to share with the attorney who takes the case. The DOL also has established a special process to help complainants and representing attorneys obtain additional case details and documents.

According to DOL Secretary Hilda Solis, this collaboration “streamlines worker access to additional legal resources and builds on the Department of Labor’s continued efforts to ensure that employers comply with America’s labor laws.”

To learn more, check out the We Can Help area of the DOL’s website.

Be more safety savvy by educating employees on the latest CPR guidelines

As you know, the American Heart Association (AHA) recently released new CPR guidelines (see previous blog post) specifying that chest compressions come first, followed by clearing the airway and mouth-to-mouth breathing. The new guidelines also indicate how fast and how hard rescuers should push on the breastbone during compressions.

What are you doing to share this new CPR procedure with your employees? You play a key role in empowering your workforce with the latest safety guidelines. Satisfy OSHA’s requirement for posting essential safety information by hanging a current CPR poster in your workplace.

We’ve refreshed our Lifesaving CPR and Choking Posters to make it easy to keep your company up to date on the latest CPR technique. When prominently displayed, the boldly illustrated, laminated posters provide immediate access to the new CPR steps, possibly shaving seconds off a life-sustaining emergency procedure. Order now and save 10% off the regular price.

'Tis the season for sexual harassment training

In just a few festive hours, an employee can do or say something at the annual holiday party (see previous post) that could lead to a sexual harassment claim – and a legal mess that lasts long after the tinsel comes down.

To keep the good cheer in check and protect your company from a harassment claim:

Remind employees of your no-harassment policy. Redistribute the policy before the holiday party, and emphasize that all guidelines will be in full force, even if the party occurs off-site or after work hours. Be certain your employees understand that harassment can be verbal, physical or visual. The areas that could get someone in trouble at a holiday event are most likely verbal and physical harassment, including inappropriate comments, jokes, unwelcome physical contact, invading one’s physical space and offensive gestures.

Make sure all employees and supervisors have received sexual harassment training. If you haven’t conducted sexual harassment training in the past year, consider organizing a one- to two-hour session that covers definitions and examples of harassment, an overview of employee rights, and clear communication that the company will not tolerate harassment of any kind.

A few last tips …

Since you could be found liable for injuries caused by a drunken employee, consider not serving alcohol at all – or taking steps to limit consumption, such as providing a limited number of drink tickets for each employee, closing the bar well before the party ends or offering perks to employees who volunteer to be designated drivers.

Also, stress to supervisors the importance of setting a professional example, and that you’re counting on them to keep an eye on any employee antics that could get out of hand.

It's (work) party time! How to ring in the holidays without regrets

Whether a corporate-sponsored, semi-formal event or a group outing at a local watering hole, holiday gatherings are festive events, which can lead to careless carousing (especially when the eggnog is spiked).

That doesn’t mean employees can’t and shouldn’t have fun. They simply need to party smart. There is no other event on the corporate calendar that offers greater opportunity to be noticed - whether it’s as employee of the year or the guy who slow-danced with the table centerpiece.

Help your employees have a joyous and memorable-for-all-the-right-reasons corporate holiday season by encouraging them to follow these party pearls of wisdom:

1. Join the festivities. First and foremost, encourage employees to attend the event. Yes, it’s the holidays and everyone is busy but “no-shows” are noticed. At the very least, attending demonstrates that you’re a team member and not an outsider.

2. Dress appropriately. This is no time to be a jester in a court of kings. Don’t show up looking like you’re cleaning out the garage … or test the boundaries of good taste with clothes too tight, too short or too low. Do your best to blend and remember that how you dress matters.

3. Restrict the refreshments. Too many trips to the spiked punch bowl or open bar can lead to inappropriate words and actions. Limit yourself to one or two drinks, so you can leave the party with your wits - and reputation - intact.

4. Toe the line. Although employees are not officially on the clock, their conduct during on-site or off-site events should be the same: businesslike. Many a career has taken a turn for the worse due to loose lips, lapses in sound judgment and other embarrassing shenanigans. Keep it clean and keep it professional.

5. Expand your social circle. While it’s easier to hang out with your “regular” group of coworkers, a holiday gathering is a great environment for getting to know employees you don’t regularly interact with. On the flip side, don’t attach yourself to just one person and monopolize the conversation. Move around and mingle.

6. Limit “shop talk”. While you’re mingling with others, try to keep the business talk to a minimum. Instead, take advantage of the opportunity to get to know your coworkers on a more personal level. Be positive and stick with safe topics like travel, family, local sports and movies.

7. Be appreciative. Before leaving the party, make an effort to thank a senior executive. Not only is it proper etiquette, but it also gives you a chance to make a positive (perhaps even first) impression. Your politeness will be remembered.

Check out Friday’s blog post for some final tips from the HR front for keeping your holiday event happy and harassment-free.

Long-awaited GINA regulations clarify how to prevent genetic information discrimination

On November 9, 2010, the U.S. Equal Employment Opportunity Commission (EEOC) published the final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA). Title II of GINA is designed to prohibit employment discrimination based on genetic information, specifically restricting employers with 15 or more employees from obtaining and sharing genetic information.

According to the EEOC.gov website: “The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.”

Specifically, genetic information is defined as:

• Information about an individual’s genetic tests and the genetic tests of family members (including tests that identify a predisposition to a disease, such as breast cancer or Huntington’s Disease)
• Family medical history (often used to determine someone’s risk of getting a particular disease or disorder)
• Requests for and receipt of genetic services by an individual or family members
• Genetic information about an individual or family member’s fetus, or of an embryo legally held by an individual or family member through assisted reproductive technology

In addition to clarifying GINA’s prohibition against requesting, requiring or purchasing genetic information (including guidelines for legal Internet searches), the final regulations include a “safe harbor” provision protecting employers from liability when they use specific language warning individuals not to provide genetic information when submitting health-related information.

To ensure compliance, you should display the “EEO is the Law” posting that the EEOC revised in late 2009. With Poster Guard® Compliance Protection, you can be confident you’re communicating the latest mandatory GINA information via the Federal Easy-Post™ labor law poster. You should also update your employee handbook to include “genetic information” as one of the protected, anti-discrimination categories.

To Iraq and back - The legal rights of returning soldiers

As the U.S. wraps up combat operations in Iraq, the remaining 50,000 U.S. troops will be heading home and returning to work. Now is the time to brush up on your awareness of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and your legal responsibility to soldiers returning from military leave.

USERRA, which applies to both active duty and reserve members of the military, is the primary federal law governing the employment and reemployment rights of service members. USERRA requires you to reinstate employees upon completion of service; to grant the same seniority, status, pay and applicable benefits an employee would have earned if not called to duty; and to train or otherwise qualify returning employees for reemployment. Keep in mind, too, that when state and federal laws regarding military leave conflict, you must follow USERRA and provide the maximum advantages available.

USERRA requirements are tricky for many employers. In fact, a 2010 poll conducted by the Society for Human Resource Management (SHRM) revealed that only 9 percent of respondents were “extremely familiar” with USERRA, while 52 percent claimed to be “somewhat familiar” and an alarming 39 percent of respondents claimed to be unfamiliar with the law.

We can help. With our automatic poster replacement service, you can be certain you’re displaying the latest, mandatory USERRA information via the Federal Easy-Post™ labor law poster. G.Neil also offers an easy-to-read, downloadable E-Guide that clearly explains the USERRA regulations and your legal obligations.

Previous post:

Veterans’ Benefits Act of 2010 makes some changes to USERRA

Why it's just as important to dole out the praise as it is the pay

We’re all too familiar with the saying “Money can’t buy happiness.” Well, it seems this sentiment is as true in the workplace as it is in our personal lives. Just as a bigger house, car or flat-screen TV can’t define our happiness at home, neither can a bigger paycheck, bonus or raise at the office.

What does bring more satisfaction, according to a recent McKinsey Quarterly global survey, is praise from our superiors. Recognition and support go a long way toward boosting an employee’s self esteem, building confidence and enhancing performance. Those are huge positives that, thankfully, don’t cost your recession-challenged business a lot of money!

Salary isn't everything

Conducted in June 2009, the McKinsey survey garnered responses from more than 1,000 executives, managers and employees from around the world (and representing a range of industries).

The survey posed the question, “Which incentives do you find boost employee morale and productivity most?” The answers were:

• Praise and commendation from immediate managers – 67%
• Attention from leaders – 63%
• Opportunities to lead projects or task forces – 62%
• Performance-based cash bonuses – 60%
• Increased base pay – 52%
• Stock or stock options – 35%

As the report outlining the survey results explains: “The respondents view three noncash motivators … as no less or even more effective motivators than the three highest-rated financial incentives. The survey’s top three nonfinancial motivators play critical roles in making employees feel that their companies value them, take their well-being seriously, and strive to create opportunities for career growth.”

How to keep employees engaged

The results of this survey are good news for cash-strapped employers still crawling out from under the recent economic downturn. “There couldn’t be a better time to reinforce more cost-effective approaches,” explains the report. Money’s traditional role as the dominant motivator in the workplace is taking a back seat to more intrinsic benefits.

So how do you act on this important message and motivate employees to give their best? Here are some simple, low-cost employee recognition ideas to enhance job satisfaction and performance:

Make a note of it
A hand-written thank you note shows you valued a person’s work enough to take time out of your day to acknowledge it. It’s a simple gesture with great impact. For even more impact, mail a card or letter home so the employee can share the praise with family members.

Point out employees publicly
Use a public forum, such as a staff meeting, to recognize excellent performance, so an employee’s moment in the spotlight is shared with others. Look for other creative ideas for employee recognition, such as company newsletters, intranets or even articles in local newspapers.

Little things mean a lot
It’s great to recognize the "big wins," but it’s also important to call attention to the everyday achievements. Reward employees for their “quieter” contributions with a thank you note and if the budget will allow, something extra like a store gift card, desktop award or free lunch.

Encourage peer recognition
Implement a program in which employees recognize one another. One version of this could be a "Pay It Forward" type of award in which the first employee who receives the award identifies the next employee who deserves the award.

Create a work environment that supports achievement
Display inspirational and motivational posters on the wall, introduce team-building or motivational games as a part of staff meetings, and provide occasional social events on company time to strengthen camaraderie among employees and management.

Keep in mind, too, that most employees enjoy new, challenging opportunities. Avoid micromanaging employees so they’ll gain a sense of control and mastery with their work, and involve them in (or have them lead) fresh projects that will expand their skills and stretch them creatively.

In a weak economy, FMLA claims strengthen

Claims related to the Family and Medical Leave Act (FMLA) jumped more than 10% this year, according to a report by FMLASource, an affiliate of ComPsych Corporation. The key reasons for FMLA absences are 1) personal illness/injury, 2) caring for a child, and 3) caring for an elderly relative.

Experts blame the struggling economy for the bump. “As companies continue to operate with leaner staffs in a slowly recovering economy, many workers are seeking FMLA job protection in order to take time off to care for themselves as well as family members,” says Jim Brown, vice president of FMLASource.

To counteract this trend, Brown recommends that employers beef up their support services, including Employee Assistance Programs (EAPs) and work-life initiatives, to address employee issues and reduce the length of FMLA absences.

A thorough monitoring and documentation process of claims is essential, too. To ensure tighter administrative control and to curb costs in a tough economy, rely on the ComplyRight™ FMLA Administration System. It includes all the forms and information you need to effectively manage FMLA requests according to the latest regulations.

Veterans' Benefits Act of 2010 makes some changes to USERRA

On October 13, President Obama signed into law the Veterans’ Benefits Act (VBA) of 2010. Through amendments to the Uniformed Services Employment and Reemployment Rights Act (USERRA), the VBA further protects service members from employment discrimination (including wages and benefits) and retaliation due to service.

Whereas USERRA excluded “wages or salary for work performed” in its definition of “benefit of employment,” the VBA references a 2002 court case to clarify that wages or salary are included in the definition.

The VBA will also utilize a multi-factor test to determine if a new, “successor-in-interest” company can be held liable for the USERRA violations of a previous company. (A modification to help prevent employers from dodging responsibility for their actions). The factors to be considered include:

• Use of the same or similar facilities
• Continuity of workforce
• Similarity of jobs and working conditions
• Similarity of supervisory personnel
• Similarity of machinery, equipment and production methods
• Similarity of products or services

The amendments are retroactive and apply to any USERRA violations that occur before, on or after the VBA’s enactment date.

Check back here to learn of potential updates to the federally required USERRA posting.

OSHA to set its "sights" on high-risk, non-construction worksites

OSHA recently narrowed down the high-hazard manufacturing, non-manufacturing and nursing home sites it plans to inspect under its 2010 Site-Specific Targeting (SST) program. Designed to direct the agency’s enforcement efforts to riskier workplaces, the SST program is OSHA’s primary inspection plan for non-construction sites with 40 or more workers.

The plan relies on OSHA’s 2009 Data Initiative survey, which collects injury and illness data from 80,000 private sector establishments in high-hazard industries in the previous year. The 4,100 workplaces selected for inspection were among 15,000 employers who received warning letters from OSHA in March, informing them they had twice the number of injuries and illnesses resulting in days away from work, restricted work activities or job transfers.

“Our goal is to prevent worker injuries and illnesses and save lives,” said Assistant Secretary of Labor for OSHA David Michaels. “The Site-Specific Targeting program helps OSHA focus its enforcement resources to high-risk employers who are endangering their workers' health and safety.” osha.gov

Even if your business wasn’t targeted for inspection, you should strive to meet all OSHA safety standards, prevent accidents, and properly document injuries and illnesses. The right OSHA recordkeeping forms and tools can help you maintain a safe, OSHA-compliant workplace.

The show must go on: Judge 'em for their talents, not their financial trip-ups

Sure, there was a time when she thought she could be a rock star. But the only thing that rose to the heights of her imagination was her credit card debt. Hey guitars and amps are expensive … and she really thought that next gig would be her ticket to stardom.

Her life looks a lot different now. All those unpaid bills – and her rock-star dreams – are both things of the past. Yet her previous credit history haunts her like that horrible performance in Poughkeepsie. Should her previous financial flops keep her from getting a job now?

Some employers say yes. And some legislators are out to change that.

Approximately 13 percent of employers surveyed by the Society of Human Resources Management (SHRM) said they run credit checks on all job applicants - with another 47 percent considering credit history.

Employers say they run checks to learn more about an applicant’s honesty and sense of responsibility. Lawmakers say the practice is unnecessary and keeps people in debt because their past financial problems prevent them from obtaining work.

Currently, lawmakers in at least 16 states have proposed outlawing credit checks. And late last month, the EEOC held a public meeting to address the use of credit history as a screening tool. With unemployment reaching such high levels throughout the country, there's growing concern that credit checks are unfairly excluding certain applicants from legitimate job opportunities. (Keeping our aspiring performer from earlier singing the blues when she should be pulling in a steady paycheck.)

Representatives from a variety of stakeholder groups shared their views at the public meeting. Chi Chi Wu of the National Consumer Law Center (NCLC), for instance, explained that credit histories create a “fundamental Catch-22” for job applicants during this time of high unemployment and high foreclosures. She adds: “You can’t re-establish your credit if you can’t get a job, and you can’t get a job if you’ve got bad credit.”

Other concerns expressed in the meeting are that credit checks:

• can negatively impact certain protected groups, including women and people with disabilities;
• are a poor, or unreliable, predictor of job performance; and
• are often inaccurate or riddled with errors.

It will be interesting to see how this issue plays out in the coming months. Personally, I feel that there a lot more reliable indicators of an applicant’s skills and trustworthiness than their credit history. I also know too many solid, hard-working professionals who fell victim to the real estate bust and economic downturn … and whose financial challenges play no part in their “hireability.” These people are not washed-up rock stars who need to turn in their mics and guitars.

In the meantime, remember that the Fair Credit Reporting Act (FCRA) requires employers to obtain an applicant’s written consent before requesting a credit report. And if you decide not to hire or promote someone based on details in the report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report.

How to recover faster from a disaster

Halloween is upon us, which means we're surrounded by all sorts of horrors: ghosts, goblins, bad Lady Gaga costumes and bottomless bowls of diet-wrecking candy.

But if the latest news stories are any indication, wicked weather is one of our bigger threats these days. We turn on the national news and witness vivid coverage of tornadoes, floods, earthquakes, severe storms, fires and other disasters wreaking havoc on homes, businesses and communities. And as we watch the destruction, we think, “Thank goodness it’s not me, my family or my workplace.”

As a responsible employer, however, you need to realize this simple truth: Disaster can strike any time. And the difference between lengthy down time and a quick recovery lies with proper emergency planning.

To ensure you’re never caught off guard in a crisis and can respond promptly, a basic plan should include:

• Emergency contact numbers. Keep a current database of employee and emergency service phone numbers in a safe place with easy access. Cell phones, with their separate networks, are good communication devices in emergencies.

• Detailed employee communication plans. How will top management deliver information to employees after a catastrophic event? It’s a smart idea to prerecord information on toll-free hotlines. And don’t forget the Internet as a way to connect with employees after a disaster.

• A list of critical tasks. Identify and distribute critical business operations (what keeps your company producing, selling, taking orders or providing services) to supervisors and employees. Also, think about limited or restricted work schedules, telecommuting arrangements and company transportation services for employees.

• An off-site meeting place. Designate an off-site location for top management and “essential” staff to meet in case your building is inaccessible.

• Customer communication plans. How will you communicate with customers on the status of their orders and deliver information to business clients?

• Data recovery plans. Natural and man-made disasters can easily wipe out hard drives and destroy databases. Keep critical back-up data at an outside location and have a plan on how to retrieve that information if disaster strikes.

• Employee health and safety. Health and safety become top priorities if you decide to keep your business open during and/or after a disaster. Refine your emergency response procedures and stock up on the appropriate first aid supplies.

Put your plan to the test ...

Once your disaster plan is in place, practice it and then practice it again. Train employees and supervisors on emergency procedures and what to do if they have limited or no access to the building.

Test your plan with emergency dry-runs and document the results. Look for ways to improve and update your plan wherever necessary. Schedule semi-annual meetings of emergency response teams to keep everyone in the loop and up to date.

The amount of lost time and productivity after a major disaster will ultimately come down to your preparations and training. With effective communication and employee cooperation, your business can keep recovery time to a minimum and your business standing after a crisis.

Are you steering clear of OSHA's top 10 safety violations?

The Occupational Safety and Health Administration (OSHA) recently shared the 10 most frequent workplace safety violations for 2010 in a presentation to the National Safety Council.

Here are the 10 safety issues that made the list:

1. Scaffolding
2. Fall Protection
3. Hazard Communication
4. Respiratory Protection
5. Ladders
6. Control of Hazardous Energy – Lockout/Tagout
7. Electrical-Wiring Methods
8. Powered Industrial Trucks
9. Electrical – General
10. Machine Guarding

How safe and sound is your workplace? More important, what are you doing to build awareness and train your employees on proper safety procedures? With the right training resources, you can help prevent these top 10 safety offenses and avoid costly OSHA penalties.

American Heart Association switches CPR steps under new guidelines

In the past, the steps to administering CPR were 1) clear the victim’s airway, 2) deliver rescue breaths, and 3) start chest compressions. That has changed, however, under the American Heart Association’s new CPR guidelines. Now, chest compressions come first, followed by clearing the airway and giving mouth-to-mouth breathing.

The previous guidelines – last updated in 2005 – delayed getting oxygen-rich blood circulating throughout the body, which is essential in the critical first seconds of cardiac arrest.

“Every second without blood flow is associated with cells dying, so the faster you can start CPR, the faster you get blood flowing and the better you stave off the damage from cardiac arrest,” said Dr. Dana P. Edelson, director of clinical research for the University of Chicago’s Emergency Resuscitation Center and a co-author of the guidelines.

Among other changes to the guidelines, the AHA recommends that rescuers administer at least 100 chest compressions per minute, and push the breastbone down at least 2 inches with each compression - both of which can lead to better outcomes. And for people who may be uncomfortable giving mouth-to-mouth breathing, the new guidelines encourage non-medical professionals to use hands-only CPR.

Educate your employees about the AHA’s new CPR guidelines with our fully updated Lifesaving CPR Poster and Lifesaving Choking Poster.

Employers can expect a spike in OSHA penalties under new policy

As part of a longer-term enforcement plan, the Occupational Safety and Health Administration (OSHA) is moving forward with a new, stricter administrative penalty policy that became effective October 1, 2010. Many experts felt that OSHA’s penalties, which have been around since the early 1970s, were too low to act as a deterrent. A handful of penalty adjustments will have a much wider, harder-hitting effect on employers.

Under the new policy, the time period for reviewing an employer’s past history of OSHA violations – to determine a “repeat” violation and any penalty increases or reductions – will expand from three to five years. An employer who has been cited by OSHA for a high-gravity, serious, willful, repeat or failure-to-abate violation within the last five years will receive a 10% penalty increase, up to the statutory maximum. (At the same time, any employer who has been inspected in the last five years and has none of these violations will receive a 10% penalty reduction.)

Among the other adjustments with the new policy:

• High-gravity, serious violations under OSHA’s Severe Violators Enforcement Program (SVEP) don’t have to be grouped but, rather, can be cited as separate violations with their own penalties

• OSHA officers can consider the gravity of serious violations (the severity and probability of an injury/illness resulting from a hazard) to issue penalties ranging from $3,000 to $7,000

• Employers with 251 or more employees will not receive any penalty reduction for employer size

• Good-faith procedures will continue, where employers can earn a reduction if they have a solid safety and health program in place, and are clear of any high-gravity, serious, willful, repeat or failure-to-abate violations

• Also retained is the 15% “quick fix” reduction for employers who immediately address any hazards identified in an inspection

• The minimum proposed penalty for a serious violation will increase to $500, and the minimum penalty for a posting violation will increase to $250 (if OSHA previously provided the company a poster)

In light of OSHA’s new penalty policy, you should carefully audit your safety and health program, remove all workplace hazards, enhance your safety practices, and properly document accidents and injuries. Check out our OSHA recordkeeping forms and tools for clear direction and easier compliance.

Statistics underscore administration's tough stance on immigration enforcement

According to a recent announcement by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), the Obama administration has achieved record-breaking immigration enforcement statistics in the past 20 months. Of particular note is the unprecedented number of convicted criminal aliens being identified and removed from the country.

Since January 2009, ICE audited more than 3,200 employers suspected of hiring illegal employees, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions. In fiscal year 2010, ICE removed more than 392,000 illegal aliens (of which more than 195,000 were convicted criminals) … a 70% increase from the previous administration.

“This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law,” said DHS Secretary Janet Napolitano.

We've said it before, and we'll say it again: Protect your business from damaging fines and even criminal arrests with a properly completed Form I-9 for every new employee.

Previous posts:

The "ICEy" grip of immigration enforcement felt by 500+ businesses

10 tips for surviving an I-9 audit

That knock on your office door may be Homeland Security

7 ways to rev up employee reviews

When it comes to managing employee performance, many companies miss the mark. And here’s why: Performance management means more than conducting reviews with employees once or twice a year.

If you only provide feedback at review time – sitting across a desk and going point by point through a rigid appraisal form – you’re overlooking many valuable opportunities to mentor, support and guide your employees.

For more relevant, results-driven performance management, you should:

1) Provide regular and immediate feedback year-round. To help employees learn from their mistakes and overcome their challenges, you need to share feedback that’s specific and timely. If you’re plugged into what your employees are doing day to day, and have worked to maintain an “open door” policy with them, confronting them with constructive criticism will be easier.

2) Set the right foundation at the beginning of the year. Create some structure around your expectations for the position and what a positive, productive year should look like. With the employee’s input, take the time to determine a handful of objective, measurable goals. Strive for goals that are challenging, but at the same time attainable.

3) Keep track of daily performance. A performance log lets you jot down notes about an employee’s good or bad behavior, as you observe it or hear about it. This information can be a handy reference for weekly or monthly discussions and certainly, a much more reliable resource at review time than your memory!

=> => OK, you’re keeping the lines of communication open with your employees and providing thoughtful feedback on a regular basis. But like most companies, you also need to complete a written appraisal and conduct a formal, one-on-one review. Here’s how to make the most of it:

4) Be prepared. This should be obvious, but make sure you’ve thought through what you’re going to say, and how you’re going to say it, before sitting down with the employee. Whether you use a standard performance appraisal form or some other written format for rating key performance factors, you still need to talk through the contents and fill in additional details.

5) Lead with the positive. Performance reviews can be as anxiety-inducing for the employee as they are for the manager or supervisor. Reinforce the employee’s strengths (with specific examples, of course) at the beginning of the review to set a positive tone and help put the employee at ease.

6) Make it a two-way conversation. An effective performance review is not a one-sided monologue by a manager. Rather, it should be an open exchange that allows employees to voice their concerns and offer new ideas. Creating this dynamic will help employees feel you value their opinions, which goes a long way toward increasing employee engagement and morale.

7) Focus on what matters to the employee. Job satisfaction plays a huge role in an employee’s attitude and performance. Just as no two employees are exactly alike, there’s no such thing as a “one size fits all” approach to reviews. An effective review should explore the issues that matter most to the employee, whether that means accepting new challenges, working on teams, taking on more responsibility or receiving additional training. If you know what makes an employee “tick”, you can tie more of those motivators into his or her goals and objectives.

More Americans using illicit drugs - How to keep your workplace clean

Based on a survey by the Substance Abuse and Mental Health Services Administration (SAMHSA), the overall rate of illicit drug use in the United States rose from 8% in 2008 to 8.7% in 2009 (among Americans aged 12 and older). The higher numbers are believed to be the result of greater marijuana use.

The annual National Survey on Drug Use and Health (NSDUH) shows that other forms of substance abuse are on the rise, too:

Nonmedical use of prescription drugs - 2.8% in 2009 (from 2.5% in 2008)
Number of past-month ecstasy users – 760,000 in 2009 (from 555,000 in 2008)
Number of methamphetamine users - 502,000 in 2009 (from 314,000 in 2008)

Drug-Free Work Week is October 18-24, the perfect time to build awareness and take specific steps that will positively impact your company’s safety and productivity. Here are some ways you can make the most of it:

• Implement a drug-free workplace program – Make this the week you launch a program, if you don’t already have one. Employee handbook software can help you develop a solid, legally approved drug-free policy. You’ll also want to let applicants know your workplace is drug-free by applying drug-free applicant stickers to your job applications.

• Promote your drug-free workplace program - Once you have a program, you’ve got to get the word out and get employees involved. Hand out substance abuse fact sheets to remind employees about the effects substance abuse can have on the workplace.

• Train supervisors on their role in the workplace - Ensure supervisors understand your policies for handling substance abuse with a supervisor-specific handbook that outlines what they can and cannot do if they suspect abuse among their employees.

• Remind employees about the availability of employee-assistance services - These free, confidential services can help employees get the help they need to overcome substance abuse problems.

• Offer health screenings - Let employees know about the resources available to them to evaluate whether they have a substance abuse problem. Also, consider giving employees disposable alcohol detectors during holiday breaks when alcohol consumption is more likely, and encourage them to test alcohol levels before driving.

• Review your health insurance policy - Employees are more likely to seek help if your policy includes coverage for substance abuse treatment. Consider the cost benefit of adding such coverage over the cost of an accident and lost productivity.

• Create a drug-free workplace display - Dedicate an area of your workplace, such as a breakroom bulletin board, for raising awareness of your drug-free workplace policy with substance abuse posters.

• Feature Drug-Free Work Week in the employee newsletter or intranet - This feature can contain helpful information about the impact of drugs on the workplace, sources of help, and things workers can do if they think a colleague may have a substance abuse problem.

• Distribute a payroll message listing helplines or a reminder about Drug-Free Work Week for employees – Let employees know about Drug-Free Work Week with a notice that includes a list of resources available to them.

• Hold a social event celebrating safety and health - Put together a pizza lunch or other worktime activity to help blow off some steam … and reinforce the message that drugs and alcohol aren’t necessary to relax.

• Allow employees time to volunteer in community drug-prevention efforts - Organize a team of volunteers to help support local drug-prevention programs, or grant time off for employees who are involved in other drug-awareness and prevention efforts.

Changing a job's "essential functions" - ADA loophole or sinkhole?

Ask Woodman’s Food Markets this question and you’ll probably get a resounding “sinkhole.” The Janesville, Wisconsin-based grocery store chain is being sued by the Equal Employment Opportunity Commission (EEOC) for firing a disabled employee who was restricted from lifting more than 10 pounds.

The snag is this: Kimberly McMillan-Goodwin successfully performed the job for years with the lifting restriction. But when she returned from an absence due to injuries in a car accident, she was placed on a one-year leave and then terminated. The company’s explanation? It changed the position, making McMillan-Goodwin no longer able to perform her job with the long-standing restriction. Plus, the company claimed it had no other positions to offer her.

While we don’t know the outcome of the lawsuit yet, the case deserves our attention because it pertains to whether an employer can change the essential functions of a job under the ADA and in turn, fire a disabled individual who was previously qualified. There is a fear that for particularly crafty employers, this could serve as a legal loophole, allowing them to sidestep the accommodation duty under the ADAAA’s expanded definition of “disabled.” Simply change the job description to shut out disabled candidates or existing employees who no longer meet the job’s requirements.

The EEOC’s position in the”changed jobs” case is more clear-cut. “It is unfortunate that some managers still act as if it’s acceptable to deny jobs to people who are ready and able to work, simply because of a disability – especially when the people they put on the street have a history of
long, loyal successful performance,” says John Hendrickson, regional attorney for the EEOC’s Chicago District. “It really runs against most people’s sense of fundamental fairness and, beyond that, it violates federal law.” (eeoc.gov)

October is National Disability Employment Awareness Month. In its support for disabled employees, the DOL’s Office of Disability Employment Policy (ODEP) is promoting the message:

“Talent has no boundaries – Workplace diversity includes people with disabilities.”

Are you doing your part to open doors when hiring and promoting workers with disabilities? Just as important, are your workplace policies in sync with last year’s amendments to the ADA, including making reasonable accommodations for qualified individuals?

Caution! Pulling back the social media curtain could lead to hiring discrimination

The social networking explosion has created an “Age of Transparency” for individuals who share their lives – the good, the bad and the ugly – for the entire world to see. As of January 2010, there were more than 500 million global subscribers to Facebook, with 103 million residing in the U.S. – a leap from 43 million a year earlier or an annual increase of 145 percent! Even more astonishing: The growth rate within the 35-54 age bracket is up 328 percent in the U.S. over the same period. It’s safe to say nearly everyone is doing it.

The ubiquitous use of Facebook and other social networking websites creates opportunities for hiring managers and HR professionals to “peek behind the curtain” with potential hires. While a helpful resource, social networking sites may also pose an HR risk if discrimination comes into play during the screening process.

To make sure you don’t cross any legal lines, consider these tips before scouring social networking sites:

1. Don’t judge a book by its cover. Photos appearing on social networking sites often depict individuals having fun with friends and family and may not always be flattering. Judge candidates on how they present themselves during face-to-face interviews. It’s their professionalism in an office environment that you are concerned with most.

2. Check out LinkedIn for the professional point of view. While Facebook is a friends and family communication portal, LinkedIn is its professional counterpart. Reviewing LinkedIn content will give you a much better perspective of an individual’s career history, skill set and professional presentation.

3. Avoid out and out discrimination. Some managers may dig deep into a prospect’s past, and, in turn, uncover spiritual, political, social or sexual preferences in the process. Using this information and other protected categories to discriminate in the hiring process is unlawful. Some states, like California and New York, have privacy laws preventing employers from interfering with employees’ private lives.

4. Social networking sites don’t always present the facts. Many people provide inflated details about their personal lives to hide certain information or to paint a desirable picture to friends and family. Focus your hiring decisions on resumes, interviews and references to avoid relying on disinformation.

5. Add social networking rules to your company policy. The best practice to avoid misuse of social networking sites is having a written policy that clearly informs hiring managers about what information can and cannot be considered in the review process.

OSHA gets involved to discourage distracted driving

The fight to discourage texting while driving just gained new momentum. The Occupational Safety and Health Administration (OSHA) and the U.S. Department of Transportation (DOT) are partnering to build awareness about the dangers of distracted driving and reduce worker fatalities from vehicle crashes.

“It is imperative that employers eliminate financial and other incentives that encourage workers to text while driving,” said Secretary of Labor Hilda L. Solis. “It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality.”

Texting while driving is already a hot topic for much of the country. On the legal front, President Obama signed an executive order last year prohibiting federal employees from texting while driving, and more than 20 states make it a primary offense to text and drive. And this past spring, Oprah Winfrey and Harpo Studios declared April 30 the nation’s first “No Phone Zone Day.”

As part of its multi-pronged strategy, OSHA will launch an education campaign for employers during “Drive Safely Work Week” in early October, post an open letter to employers on its website to advance the “no texting while driving” initiative, and align with the National Safety Council and other organizations to reach out and support employers in their efforts.

What are you doing to help put the brakes on distracted driving? You can take two important steps to deter this dangerous practice: 1) Distribute an employee policy forbidding cell phone use while driving and 2) Display a workplace poster to reinforce your message.

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