HR Forum

Are your MSDS practices OSHA compliant?

Working with chemicals is a dangerous business. Employees have a right to know about the chemicals they work with and the hazardous effects those chemicals may cause.

Wearing the proper personal protective equipment (PPE) can protect your body from a chemical’s potential hazards, but the information your Material Safety Data Sheets (MSDS) takes that protection one step further. An MSDS may become your lifeline when a disastrous event like an accidental spill, fire or explosion happens in the workplace.

An MSDS is a document that contains detailed information about a potentially hazardous substance including it’s potential hazardous effects, physical and chemical characteristics, and recommendations for protective measures. It is an integral part of every organization’s hazard communication (HAZCOM) program.

MSDSs are reference documents that basically serve as a “one-stop shopping source” for anything you may want or need to know about chemicals in your workplace. Employers must have an MSDS for each hazardous chemical they use.

The documents must be easily accessible to employees whenever they are in their work areas. There must be no barriers to access, such as a locked drawer, office door or having to ask for an MSDS.

While many employers keep their MSDSs in a centrally-located binder, it is acceptable to make the documents available electronically through the use of a computer with a printer, microfiche machine, Internet site, CD-ROM or Fax-on-demand system.

If you choose to use electronic MSDSs, employers must ensure that:

Electronic devices must be reliable and readily accessible to employees at all times,
Every employee is trained on how to use the electronic MSDS system,
A back-up system is in place in the event of an emergency, including power outages or equipment and online access delays,
And the electronic system is part of your overall HAZCOM program.

Remember, providing employees with MSDSs is just one part to complying with OSHA’s Hazard Communication Standard (HCS). Along with developing your MSDSs, the HCS involves properly labeling hazardous containers and employee training.

Visit G.Neil’s HR Library for more information on hazardous materials safety, OSHA compliance and the tools to help keep employees safe on the job.

HR survey reveals top green business practices

More than half of employers incorporate environmental management into their business operations, according to a new survey conducted by human resource consulting firm Buck Consultants.

“Many employers now recognize that green programs in the workplace can promote social responsibility among workers and help retain top talent,” said Don Sanford, managing director of Buck’s Communication practice who directed the survey. “More than 60% of survey respondents have made environmental responsibility part of their organization’s mission statement.”

The survey found that 54% of the 93% U.S. organizations surveyed actively incorporate “green” practices into their daily business operations.

According to the survey:

78% of respondents use Web or teleconferencing to reduce travel.
76% promote the reduction of paper use.
68% implement wellness programs to foster employee’s proper nutrition, fitness and healthy living.

One of the key findings of the survey revealed that when organizations appoint an individual to lead green efforts, employee involvement “dramatically” increases. Companies with at least three-quarters of their employees actively involved in green programs, 71% have appointed individual leaders. Only 29% did not appoint a green leader.

Some companies provide employees with incentives to encourage more green behavior around the office. The survey found that of companies that provide rewards, 77% provide special employee recognition, 36% give prize incentives and 14% offer monetary rewards.

“There is still much more that organizations can do,” Sanford said. “We expect to see future growth in green training programs, environmentally responsible investment options and recruiting employees with green skills.”

Stimulus plan subsidizes COBRA, expands unemployment insurance

President Barack Obama signed the $787 billion stimulus package into law yesterday hoping to provide a boost to the nation's continuing recession.

"I don't want to pretend that today marks the end of our economic problems, nor does it constitute all of what we're going to have to do to turn our economy around," said Obama, who signed the bill at the Denver Museum of Nature & Science, underscoring its hope of creating environmentally-friendly jobs.

"But today does mark the beginning of the end; the beginning of what we need to do to create jobs for Americans scrambling in the wake of layoffs; the beginning of what we need to do to provide relief for families worried that they won't be able to pay next month's bills; the beginnings of the first steps to set our economy on a firmer foundation, paving the way to long-term growth and prosperity." Read the full Boston Globe story.

The stimulus plan contains specific measures that will effect most businesses across the country, including a COBRA subsidy for laid-off workers, hiring incentives and new HR requirements.

Roughly $21 billion of the stimulus package is available to help workers who have been laid off to keep their employer-provided health insurance through COBRA, the federal law that gives unemployed workers the right to maintain their employer health insurance after a layoff.

The federal government will pay 65 percent of COBRA premiums for a period of nine months for employees who are laid off from September 1, 2008 through December 31, 2009. Employers will receive a payroll tax credit to offset the subsidy. Employers must notify former employees who are eligible for the new subsidy by March 1.

Documents will have to be updated as the new rule requires that information on the COBRA subsidy is to be included in employers' COBRA notices.

The stimulus also outlines tax benefits for hiring certain types of workers. If your company hires an unemployed military veteran or a person who didn’t finish high school, you could receive a $2,400 per employee tax credit as part of the Work Opportunity Tax Credit. The two new classes of qualified workers were added to the “target group” of disadvantaged workers.

Other HR requirements included in the stimulus plan:

An increase of weekly unemployment benefits by $25.
An extension of the temporary emergency unemployment compensation program through December 2009. The program provides up to 33 weeks of extended unemployment benefits.
Unemployment compensation to workers who leave an employer for "compelling family reasons," such as domestic violence, illness or disability of an immediate family member.

As the Department of Labor releases more information on the compete details of the stimulus plan and what will be required of businesses, G.Neil's legal team will be there to help make sure your organization is fully compliant.

Please check back often or subscribe to our blog for the latest updates on how the stimulus plan impacts your business.

For more on how the stimulus package will impact your business, read:

USA Today - Employers fear cost of health insurance for jobless workers

HR Morning - Obama stimulus package contains 6 big paperwork changes for you

Boston Globe - Stimulus is signed as storm builds

About.com: Human Resources - Economic stimulus package and COBRA

Cash incentives help employees quit smoking

Smokers are more likely to quit if they are offered a cash incentive, according to a new study offering the strongest evidence tying monetary rewards to behavioral changes.

The study, led by a team from the University of Pennsylvania and published by the New England Journal of Medicine, is one of the largest of its kind.

Researchers tracked 878 General Electric Co. employees from across the U.S. for 18 months in 2005 and 2006. Each employee involved in the study smoked an average of one pack of cigarettes a day. They were divided into two groups and all received information regarding smoking-cessation programs.

Members of one group received cash incentives for completing each step of the program: $100 for finishing a smoking-cessation course, $250 if they quit smoking within six months, and $400 for continuing to not smoke for another six months.

Almost 15% of the group who were offered money to stop smoking had quit within the first year of the study, only 5% of the other group had done the same. At the end of the 18-month study, 9% of the paid group was still not smoking compared to only about 4% of the non-paid group.

From the Wall Street Journal article:

Loretta Massie-Eaton, a 53-year-old administrative assistant who works for GE in Atlanta, said encouragement from her 14-year-old son, Harrison, was the main reason she decided to participate. But money was also a motivation, she said. "It was the satisfaction of sticking to the commitment and getting reimbursed for doing it," said Ms. Massie-Eaton, who says she hasn't had a cigarette since taking part in the study more than two years ago.

Ric Barton, a GE lighting specialist from Cleveland, said he had been thinking about quitting before the study. A smoker for four decades, the 62-year-old said finding places to light up had become increasingly difficult and he was tired of rising cigarette prices. "It was icing for me to get a monetary reward for something I was already planning to do," Mr. Barton said.

Statistics show that helping employees quit smoking is worth the investment for companies. Smoking costs employers $3,400 per smoking employee per year in health-care bills, reduced productivity and absenteeism, according to the Centers for Disease Control and Prevention (CDC).

Researchers not involved in the study commented that the latest findings show that incentives work and give employers hard evidence that incentive programs can help companies save money on employee health-care costs.

“You’d prefer not to pay them, but it’s worth it,” said Helen Darling, president of the National Business Group on Health professional organization.

Related posts:

Help employees quit smoking, participate in the Great American Smokeout

Workplace smoking policies: When employees lie

New research suggests exercise makes you smarter

We know that regular exercise can help the human body ward off a slew of physical ailments including heart disease, obesity, certain types of cancer, diabetes and hypertension. Now, along with the benefits to our bodies, new studies show that exercise can be just as beneficial to our brains.

Until recently, the only link scientists had to connect exercise and brain function was the fact that aerobic activity increases the amount of oxygen flowing to the brain and nourishes brain cells. A recent study is suggesting that exercise helps brain cells form new connections, increasing the brain’s capacity for knowledge, according to an article at HRGuru.

Neurologist Scott Small from the Columbia University Medical Center and Fred Gage of the Salk Institute co-authored the study that illustrates how exercise could improve our ability to learn and develop.

Here’s a breakdown of what happens to your brain as you exercise:

As you exercise, your muscles contract.
This releases chemicals, including a protein called IGF-1.
IGF-1 travels to the brain and stimulates the release of several chemicals, including brain derived neurotropic factor (BDNF).
Regular exercise increases levels of BDNF.
BDNF stimulates neurons (brain cells) to branch and connect in new ways.
New junctions between neurons are the basis of learning.

“Bodies that exercise regularly stimulate brains to have higher levels of BDNF; brains with higher levels of BDNF have greater capacity for knowledge,” explains author Kristin Wehner, “Healthy & Wealthy” columnist at Entrepreneur.com.

If you’ve been looking for more reasons to encourage employees to start exercising, you can now add knowledge to the list. It may involve a small investment, but promoting exercise with an employee wellness program will pay itself back in reduced health care costs, a boost in productivity, and an even smarter workforce than what you have now.

FMLA changes: Survey shows employers lack communication

Less than one third of employers have discussed the recent changes to the Family and Medical Leave Act (FMLA) with their employees, according to a survey by Compensation.BLR.com and HR.BLR.com.

Survey respondents revealed that:

40% had not communicated the FMLA changes to employees.
32% said while they haven’t communicated the changes yet, they plan to do so.
28% said they had already communicated the recent changes to the FMLA to employees.

The U.S. Department of Labor (DOL) published the new FMLA rules on November 17, 2008 and they became effective on January 16, 2009. The changes to the FMLA regulations introduced a slew of changes that employers and employees need to be aware of.

Many of the changes were designed to improve communication between employers and employees. The new FMLA ruling includes clarifications and new requirements on how and what employers must communicate to employees. It also includes clarifications and new requirements on when and how employees notify their employer on their need for FMLA leave.

The final rule includes benefits for some military families that give special job-protected leave rights to family members of injured service men and women, and also helps families of members of the National Guard and Reserves manage their affairs when the service member is called to active duty.

For a more detailed breakdown of the changes to the FMLA, read this earlier post: FMLA regulations, what employers need to know.

To avoid the most common mistakes when interpreting the new FMLA rules, take a look at the ComplyRight Now E-Guide: New 2009 FMLA Regulations - What Employers Need to Know. This downloadable guide provides a complete overview of the new rules and employers’ responsibilities under the FMLA.

DHS postpones new Form I-9 to April 3

Beginning Monday, February 2, 2009, all U.S. businesses were scheduled to update their Employment Verification practices to incorporate new standards for documentation and newly updated I-9 Forms. However, late in the day on Friday, January 30, the Department of Homeland Security (DHS) extended another 30-day comment period for the new rules and pushed back the scheduled update by two months, instructing businesses to resume their use of the previous guidelines and I-9 Forms.

This move caused confusion among hiring managers and Human Resources departments across the country. Within just the past few weeks, businesses had been scrambling to receive and distribute the recently released updated I-9 Forms to meet the February 2nd deadline. In doing so, many have discarded the previous forms believing them to be outdated.

Completing an I-9 Form is mandatory for all new employees hired to work in the United States and the scheduled update reflected several changes in the acceptable documents employers can use to verify an applicant's eligibility to work. The retraction and re-instatement of the old forms has employers once again scrambling to respond and replace forms thrown away last week.

Ashley Kaplan, Labor Law Compliance Attorney for G.Neil, received the DHS announcement Friday evening and immediately recognized the potential challenges.

“We worked overtime last week to ship out the updated forms to our customers to begin using on February 2, and now need to get back to them with new instructions,” Kaplan explains. “We’re providing a free pdf of the previous I-9 Form and instructions to our customers who purchased the updated forms. We’ll also closely monitor the extended review period in case further changes occur before the April 3rd deadline.”

Learn more about the most recent changes in our new Form I-9 Q & A.

President signs equal pay for equal work bill

This morning, President Barack Obama signed the Lilly Ledbetter Fair Pay Act into law, an equal-pay bill that will make it easier for employees to sue for pay discrimination.

As Obama signed his first piece of legislation as President, he ended a 2007 Supreme Court decision that said workers must file a pay-discrimination lawsuit within 180 days of a company’s initial decision to pay them less than another worker performing the same job.

Throughout his campaign, Obama promised to sign the bill, which became a focal point for labor and women’s groups.

From President Obama’s statement on the law this morning:

It is fitting that with the very first bill I sign - the Lilly Ledbetter Fair Pay Restoration Act - we are upholding one of this nation's first principles: that we are all created equal and each deserve a chance to pursue our own version of happiness.

... So in signing this bill today, I intend to send a clear message: That making our economy work means making sure it works for everyone. That there are no second class citizens in our workplaces, and that it's not just unfair and illegal - but bad for business - to pay someone less because of their gender, age, race, ethnicity, religion or disability. And that justice isn't about some abstract legal theory, or footnote in a casebook - it's about how our laws affect the daily realities of people's lives: their ability to make a living and care for their families and achieve their goals.

It is estimated that women are still paid about 78 cents for every dollar that men are paid for doing equal work, according to 2008 Census Bureau statistics.

The Act is named after a former Goodyear employee who didn’t become aware of a pay discrepancy until the end of her career. She sued, but the Supreme Court ruled in 2007 that she missed her chance.

The Ledbetter Act will amend the 1964 Civil Rights Act to reach farther than gender to include pay discrimination based on factors such as race, religion, national origin, disability or age.

More cutting OSHA training, taking chances with employee safety

In the wake of our country’s recent economic challenges, a disturbing trend has emerged that could cause a spike in employee injuries and safety violations. Recent reports show that many companies are taking their chances with employee safety by including vital OSHA safety training in this year’s budget cuts.

Delaying, trimming back or even eliminating employee safety training may result in an oncoming flood of new workplace injuries or even fatalities. Along with the danger to employees, businesses face the additional risk of increased OSHA fines, workers’ compensation claims and wrongful injury lawsuits.

Evidence of this hazardous trend can be seen in states like North Carolina, where the number of workplace deaths increased by 31 percent in 2008 after three years of steady decline, according to the Charlotte Observer.

The sagging economy could exacerbate the trend. Labor department officials worry workers could be in greater danger if companies scrimp on safety to make ends meet.

Department spokeswoman Dolores Quesenberry said Wednesday that company training and other safety initiatives are often among the first to go during hard economic times. “That's one of the first messages we want to get to employers: Make sure your employees are trained. It's not worth a life.”

According to a survey of safety professionals by Kimberly-Clark Professional, U.S. workers are putting themselves at risk by not complying with important safety procedures and failing to wear personal protective equipment (PPE).

Key findings of the survey:

89% of safety professionals have witnessed workers not wearing PPE when they should
33% cited compliance with safety protocols as the top workplace safety issue in their facilities
34% said the economy affected their worker safety training programs or resources
63% of those impacted by the economy said it had led to less money for safety education and training
33% of those impacted by the economy said business concerns get more attention than safety concerns during tough economic times

With the cost of work-related injuries in the US totaling more than $50 billion a year, businesses can’t afford to cut any corners when it comes to employee safety training and equipment. The financial burden of just one serious injury or fatality could put your company out of business forever.

As the economy falters, the need for more inexpensive safety training has never been more critical. G.Neil is meeting the challenge with new products that make safety training and OSHA compliance easier and affordable. From forklift training videos to safety posters, our wide variety of products can help you complete mandatory OSHA training without jeopardizing your budget or employee safety.

Related information:

Press release: Skipping OSHA safety training could spell death for employees

Job training program opens new doors in Michigan

Last month, Michigan Gov. Jennifer Granholm passed a bill allowing community colleges to create training programs for businesses adding new jobs or new businesses coming into the state.

Under Michigan’s New Jobs Training Program, participating businesses and community colleges would pay nothing. Tuition and training costs will be financed through bonds sold by the colleges and paid back with employer withholding taxes.

Companies may participate under the condition that the training is for newly created jobs, as part of an effort to build up the state’s job base. Trainees can’t be replacement workers for existing positions.

From the Lansing State Journal:

"This is not a hit to the state, because these are new jobs," said Michael Hansen, president of the Michigan Community College Association. "The state was never going to realize that income tax anyway. The jobs wouldn't exist except for this program."

Modeled on a successful program in Iowa, the initiative "is a win for the community college, because they develop training capacity," he said, adding that several of the state's community colleges, Lansing Community College among them, have already expressed interest.

"It's a win for the company, because they get their workers trained for free," he said.

The New Jobs Training Program is modeled after a successful program Iowa began in 1983. In Iowa, companies adding new jobs can make agreements with local community colleges to train a set number of employees. The colleges issue bonds to the employer, which are repaid by the trained employees’ state income taxes. Training is received at no cost to the employee, and their company takes responsibility for repayment if the training contract is broken.

In the 25 years since the Iowa program began, “employers working with community colleges have received over $560 million from the Iowa New Jobs Training Program for 2,000 training projects and more than 138,000 planned new jobs, some of which pay salaries averaging nearly $40,000 annually,” according to SHRM.

When signing the legislation, Michigan Gov. Granholm pointed out that the state “must do everything we can to help our citizens get the training they need for good-paying jobs in this challenging global economy. These bills are another part of our plan to ensure that we have a strong workforce that can compete and win in the 21st century.”

Access to technology keeps workers creative and efficient

The majority of U.S. workers place a high value on technology in the workplace, some would even take drastic measures to work for companies that value technology in the same way.

Almost 40 percent of workers would consider changing jobs to work for a company that is more committed to providing access to and training in the latest technology, according to a national survey commissioned by the Fairfax County Economic Development Authority (FCEDA).

Key findings of the survey include:

Four out of five workers said access to technology is important to their ability to be creative (78%) and productive (80%) at work.
80% of workers said that such technology gives their employer and edge in the marketplace.
39% of workers would consider leaving their current jobs for an employer that makes better use of technology with access to more up-to-date technology.
37% would contemplate a job change if better technology-related training were offered.

Retaining top performers is key to an organization’s success and is many times their top worry during a recession. Holding on to prized employees is a top concern for employers, even in today’s economy, according to a survey developed by Robert Half International.

Nearly four out of 10 (39%) of senior executives cited employee retention as their greatest staffing concern, according to the survey.

Another top concern included bringing in new employees (22%) along with productivity and employee morale (17%).

“Many firms are operating with lean teams in which every staff member plays a key role in the business, making retention a greater concern,” said Max Messmer, chairman and chief executive of Melo Park, Calif.-based Robert Half International. “Companies that lose top performers may not only experience declines in productivity but also incur significant costs in replacing these professionals.”

If your business is concerned with retaining top performers, maybe it’s time to take a look at the technology your employees are using to complete their daily tasks. Making an investment today to update your in-house technology and offer technology training may save you thousands of dollars in diminished productivity and the hardship of losing top performers in the future.

Economic stress impacts employee health, productivity

According to recent reports, you can now add employee health to the list of victims of the recession. Studies show that financial stress due to the current economic recession is having a dangerous impact on employee health and productivity.

Results from the AARP survey, Impact of Economy on Health Behaviors, reveal that one in five adults ages 45 and older are suffering health problems due to financial stress and many are delaying medical treatment because they can’t afford it.

"Right now people are increasingly concerned about their jobs, retirement savings and simply being able to provide for their families and it's taking a major toll on their health," said Bob Gallo, AARP Illinois Senior State Director. "It's a harsh irony that worrying about being able to afford health care is actually causing health problems."

Key findings of the AARP survey include:

20% of people 45 and older reported health problems due to financial stress
22% have delayed seeing a doctor due to cost
16% had to use retirement savings or other savings to pay for medical care
21% have cut back on other expenses to afford their medical care
16% are not confident they will be able to afford health care in 2009

A poll by AXA PPP healthcare of 200 HR professionals found that a quarter of firms believed the majority of their employees were showing symptoms of stress as a result of money worries.

More than 75% felt that employees would be more productive if they were less concerned about financial issues. Unfortunately, more than 40% of HR professionals admitted they would wait until a worker asked for help before offering advice or support.

Instead of waiting for employees to come to them, HR can take proactive steps to help make a positive impact on employee stress. Helping employees deal with mounting financial stress can lead to lower health care costs, higher morale and a healthy bottom line.

According to the wellness professionals at Wellness Corporate Insights, HR can help employees by:

“Establishing comprehensive corporate wellness programs to increase employees' awareness of their own behavior, to show them that the company knows and cares, and to head off problems of increased health care costs and diminished health and efficiency that will remain after the recession is over."

"It's an important time to focus on employee wellness--not only for the good of employees, but for the health of the company too.”

OSHA posting deadline: Are you ready for February 1?

Beginning February 1, employers must post a summary of the total number of job-related injuries and illnesses that occurred last year, according to the Occupational Safety and Health Administration (OSHA).

OSHA requires employers with more than 10 employees to post the injury and illness summary (OSHA Form 300A) from February 1 to April 30, 2009. The summary must list the total number of job-related injuries and illnesses that occurred in 2008 and were logged on the OSHA Form 300.

Employers must also include information about the annual average number of employees and total hours worked during the calendar year to help calculate incidence rates. If there were no injuries or illnesses in 2008, you must enter “zero” on the total line.

A company executive must sign the Form 300A and it should be displayed in a workplace common area where notices to employees are usually posted. Failure to post the annual summary could result in citations and penalties.

Though they are not generally required to file the records with OSHA, employers must document workplace injuries using Forms 300 and 300A and keep the forms at the worksite for a five-year period. Forms should be readily available to employees and OSHA inspectors.

Employers with 10 or fewer employees and some employers in certain industries are usually exempt from federal OSHA injury and illness recordkeeping and posting requirements. View the full list of exempt industries here on the OSHA Web site.

During Fiscal Year 2008, OSHA logged 87,687 violations of its standards and regulations for worker safety and health across the nation. More than 67,000 of those violations were cited as “serious,” according to an agency press release.

"Workplace inspections and issuing citations are a critical part of OSHA's balanced approach to improving workplace safety, but the real test of success is saving lives and preventing injuries, " said acting Assistant Secretary of Labor for OSHA Thomas M. Stohler.

OSHA conducted close to 39,000 worksite inspections last year, exceeding the agency’s enforcement goal by 2.4 percent.

Based on preliminary data from 2007, the workplace fatality rate has declined 14 percent since 2001, according to Stohler. Since 2002, the workplace injury and illness rate has dropped 21 percent. Both statistics mark all-time lows.

Stohler pointed out that such success is due to OSHA’s strategic approach to enforcement. The agency achieved their goal by targeting the most hazardous workplaces while using education, training and cooperative programs to improve overall OSHA compliance.

For more information on OSHA recordkeeping requirements, take a look at these helpful articles from G.Neil’s HR Library: (All articles are free and require no registration.)

New Form I-9 effective February 2

Employers have just over a month left to comply with the latest changes to the Employment Eligibility Verification (Form I-9).

The U.S. Citizenship and Immigration Services (USCIS) published the interim final rule to streamline the Form I-9 process in the Federal Register on December 17, 2008. There are several changes in the new I-9 form, including new verification guidelines and a redefined list of acceptable proof of identification documents.

Beginning February 2, 2009, all employers are required to use the revised Form I-9 for verification of new employees and re-verification of existing employees.

There are several changes in the new I-9 form, including:

Expired documents are no longer considered acceptable proof of identification or work authorization.
Three additional documents were eliminated from List A of the List of Acceptable Documents.
Foreign passports with machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) were added to List A.
The new U.S. Passport card was added to the list of acceptable employment eligibility verification documents.
Revisions to the employee attestation section of the Form I-9.

Employers who fail to use the revised I-9 form by February 2, 2009 may be subject to violation fines. Keep your company in compliance by ordering the updated Form I-9 today.

DOL releases updated FMLA poster

On December 18, 2008, the U.S. Department of Labor (DOL) issued a new Family and Medical Leave Act (FMLA) poster based on revisions published in November 2008. Employers with 50 or more employees, and all public sector employers, are required to update their mandatory employee and applicant labor law postings with the new FMLA poster.

The new FMLA poster outlines how the expanded FMLA provides job-protected leave for the spouses, children or parents of members of the armed forces called to active duty in the U.S. military. Additional FMLA rights for employers and workers are clarified on the new poster, too.

Along with the FMLA poster, employers must post all other mandatory federal and state labor law posters, a burden that entails monitoring up to 20 different posters from as many as seven different agencies. And with the incoming Democratic administration expected to serve a more regulatory function with labor issues and workers’ rights, the level of labor law posting enforcement is expected to increase.

That’s why many employers are turning to third-party poster providers to maintain their posting compliance.

Poster Guard Compliance Protection, guaranteed by G.Neil, offers employers the easiest way to keep up to date with all federal and state posters. In addition to a poster set containing all required postings, employers automatically receive a new poster any time a federal or state posting regulation changes. Poster Guard Compliance Protection also offers a 100% Compliance Guarantee against fines, online auditing tools and dedicated customer support.

The ADA Amendments Act, Part 2: How employers should prepare

In our last post, we examined the major changes the Americans with Disabilities Amendments Act will have on the original law when it becomes effective on January 1, 2009.

The new amendments make major changes to the original ADA, including what is considered a major life activity and the definition of disability. Employers must be aware of the changes and the effect they will have on their businesses. From the Word on Employment Law with John Phillips:

All we know now is that the realm of “the disabled” is about to be significantly enlarged. While it may be incorrect to say the new Act makes everyone disabled, we’ll be much closer to that point than we’ve ever been. Reasonable accommodation requests will become more frequent and more complicated. Disability discrimination charges and litigation will increase dramatically. Given the new Act’s language, it’ll be difficult for courts to dismiss these cases without letting a jury decide them.

In many respects, we’re starting all over with disability discrimination. If the Supreme Court has, in the past, given employers an advantage in these cases, the advantage is about to be given to employees.

If you haven’t started already, employers should be preparing for how the changes to the ADA will effect employment processes, accommodating employees with disabilities and compliance requirements.

In a recent Workforce article, author Tina M. Maiolo explained the next steps employers should take to prepare for the upcoming ADA changes. Here are her seven steps to compliance with the ADA Amendments Act:

Assume every employee is healthy. Presume nothing, especially whether the employee has any type of impairment.

Assume all employee impairments fall under the ADA. When an employee claims to have an impairment, always assume that it is qualified as a disability under the ADA Amendments Act. Employers are “safer to assume from the outset that an impairment qualifies as a disability than trying to argue later that it does not.”

Accommodate employee impairments. After a claim is made, be sure to make all reasonable attempts to accommodate the employee’s impairment. Unless the accommodation creates “undue hardship,” by being so burdensome or expensive that it changes the nature of the business, employers must be accommodating.

Review and edit job descriptions. “An employer’s defense against an ADA Amendments Act claim is likely to rest on whether the disabled employee was "qualified" to perform the essential functions of his or her job.” Write an accurate and detailed job description from the beginning that clearly defines essential job functions.

Begin ADA Amendments Act training. “HR should treat the ADA Amendments Act as an entirely new law.” Everyone involved in the hiring process, including HR and managers should go through training to understand the changes.

Throw away, modify or create disability policies. Either start from scratch writing new disability policies, or modify your existing policies to reflect the latest ADA changes. It would be best to have these done before the law goes into effect on the first of the year.

Make modifications as the courts interpret the new amendments. “The impact of the ADA Amendments Act will not be static,” they will continue to evolve over time. Stay on top of the latest changes and your business will be better protected.

Understanding the changes to the ADA is the first step to compliance. Once the law goes into effect on January 1, 2009, it is up to employers to choose to follow what is required of them under the law.

If you’re looking for help managing employee accommodation requests, the ComplyRight ADA Administration System contains all the forms and information employers need to comply. Complete with forms, tip sheets and valuable best practice information, the system can help you manage any request.

ADA Amendments Act, Part 1: What changed?

In September, President Bush signed the Americans with Disabilities Amendments Act as an effort to restore protection for disabled individuals that were created in the original 1990 bill. The new ADA Amendments will go into effect on January 1, 2009 and every employer and HR professional must be prepared to stay in compliance with the new regulations.

The new ADA changes allow more protections for disabled individuals by reversing Supreme Court decisions that once narrowed the definition of disability and what is a major life activity. It also forms broader parameters to how the law may be interpreted by the courts in the future.

One of the biggest questions the amendments answer is in regards to: What is a major life activity? As written, the new ADA states that it shouldn’t be interpreted strictly and whether someone is disabled “should not demand extensive analysis.” According to The Word on Employment Law with John Phillips, Phillips explains:

The Act includes a nonexhaustive list of activities that constitute major life activities, including caring for oneself; bending; performing manual tasks; speaking; seeing; breathing; hearing; learning; eating; reading; sleeping; concentrating; walking; thinking; standing; lifting; communicating; and working. Are you beginning to get the picture? If an employee can’t perform one of these activities, he/she is automatically disabled. Wow!

We’re just beginning, however. The Act also includes a subset of major life activities called “major bodily functions,” including functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. There is no requirement that the functions have any relation to the ability to perform a job. Indeed, some are completely unrelated to work. If these functions are substantially impaired, however, you have a disability.

In another big change, the Act reverses Supreme Court rulings that denied disability status to people with conditions in remission or improved by medicine or medical treatment. The new amendments state that such a condition is still considered a disability if it limits a major life activity when that person is active. According to Phillips:

A disability is to be determined without regard to the ameliorative effects of mitigating measures such as “medication, medical supplies, equipment, or appliances, low-vision devices . . . prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; use of assistive technology; auxiliary aids or services; or learned behavioral or adaptive neurological modifications.” The only exceptions are eyeglasses and contact lenses.

Additionally, the amendments make the process of claiming a disability less involved. To prove that an employee was disabled under the original ADA, one had to prove they were regarded as having a physical or mental impairment and that the impairment considerably limited a major life activity. “Pandora’s box will be opened,” by the new act, in that an employee may be considered disabled “whether or not the impairment limits or is perceived to limit a major life activity.”

The definition of disability has been significantly altered by the new ADA Amendments Act, employers must be educated on how to fully comply with the latest changes. In our next post, we’ll explain how employers should prepare for the new ADA changes before it becomes effective on the first of the year.

For help managing ADA accommodation requests under the new amendments, take a look at the ComplyRight ADA Administration System. It contains all the necessary forms, tools and information to effectively manage employee requests for reasonable accommodation.

25 states scheduled to raise minimum wage in 2009

In 2009 the country will see minimum wage increases in 25 states, the District of Columbia and Puerto Rico. Listed below are all of the states that have scheduled minimum wage increases next year. Visit Anne Bares at Compensation Force for a complete breakdown of all the scheduled changes.

Arizona
Connecticut
District of Columbia
Idaho
Illinois
Indiana
Kentucky
Maine
Maryland
Missouri
Montana
Nebraska
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
South Dakota
Texas
Utah
Vermont
Virginia
Washington

Researching continually changing labor laws and what your business is required to post is a never-ending task, but luckily there are tools out there to help you stay up to date.

G.Neil’s Poster Guard Compliance Protection is just one valuable service that takes the stress of wondering whether you’re in compliance with federal and state labor laws off your shoulders and places it into the hands of experienced labor law professionals.

Read this and learn more about how Poster Guard can help you track the latest labor law changes and keep your business in compliance.

How the new FMLA regulations affect you, free webinar

Last month, the Department of Labor released the final regulations under the Family and Medical Leave Act (FMLA) that go into effect on January 16, 2009.

This ruling marks the first set of revisions to the FMLA regulations since its enactment in 1993. As a result of the changes, new forms and posters will be required for employers subject to FMLA guidelines.

Next week, ComplyRight will be hosting a free webinar to inform you on exactly what you need to know to fully comply with the new FMLA regulations before they take effect in January.

This free webinar is packed with the latest information to keep your business in full compliance. You will learn:

The impact the new regulations have on your business, what changed and how to comply
Your rights as an employer under the FMLA, including methods to handle FMLA abuse
Specific key requirements of the law
How to modify your policies, notices and employee postings
New rules for handling common FMLA issues, including intermittent leave, chronic conditions, light duty, supervisor access to medical information and leave for military families.

Sign up today to attend The New FMLA Regulations: What You Need to Know, presented by Wendy J. Smith, Esquire, Fisher & Phillips LLP, on Thursday, December 11, 2008 from 2 p.m. to 3 p.m. EST. Visit the registration page for more information.

Related information: 

New FMLA regulations, what employers need to know

Family and Medical Leave Act Changes Q & A

Corporate giving, it’s never too late to start

Though there’s only a few weeks left until the year is over, it’s never too late to start a corporate giving program. Even during tough times, evidence shows that philanthropy is a solid business investment.

In a 2007 survey of corporate executives by the Boston College Center for Corporate Citizenship, 61% said corporate citizenship makes a “tangible contribution to their company’s bottom line.” In nine out of ten industrial sectors, corporate philanthropy had a positive impact on corporate revenue, according to a study presented at the 2004 meeting of the International Communication Association.

There’s no time like the present to put together a corporate giving program and make a difference in the community. If you want to give back before the year is up, you only have a few weeks left to get going. Start with these simple ideas for corporate giving:

Organize a canned food drive. Have everyone in the office bring in canned goods to be donated to a local food bank. Encourage more employees to give by providing an incentive such as a day to dress-down at the office. Visit Feeding America to find a food bank in your area.

Give employees a day to volunteer. Allowing employees to volunteer on the company’s time shows goodwill and improves employee morale. Pay it forward and give employees a day to give their time to a local charitable cause.

Hold a bake sale. Have everyone in the office bake their favorite holiday treat and bring it in for a company bake sale. Donate the proceeds to a local charity.

Put leftovers to good use. Once you’ve sent happy holiday wishes to employees and customers, take your leftover company Christmas cards and put them to good use. There’s a number of ways to repurpose your business holiday cards, including sending a card to a wounded soldier, sick child or to a neighbor in need. Read this article for a full list of ideas.

Sponsor a clothing drive. A clothing drive is a great way to give back to community members in need and also help employees clean out cluttered closets. Donate clothing to nonprofit organizations like Goodwill, the Salvation Army or a local homeless shelter.

Few things say “Happy Holidays” better than a charitable donation. Foster employee teamwork and show your corporate goodwill by giving back to the community during the holiday season and throughout the year.

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