On Tuesday, May 7, the U.S. Court of Appeals for the District of Columbia voided a  NLRA poster mandate requiring employers to display a “Notification of Employee Rights under the National Labor Relations Act” poster on company bulletin boards and intranets.

 The rule established that the mandate was in violation of employers’ right to free speech as well as provisions of the National Labor Relations Act (NLRA). The court reasoned, that the poster rule disregarded the clear language of the free speech provision and that it prohibits an employer from exercising its right to decide not to disseminate the speech of another, and thereby constitutes an impermissible government mandate on what employers must say.

 As of May 7^th, workplaces no longer need to display the  NLRA’s Pro-Union poster.

Heat Stress Compliance

About 10 million workers a year are affected by heat stress. Due to the growing number of illnesses and deaths, employers are required to fully train and prepare their employees on the dangers of heat stress related illnesses. OSHA requirements for protecting workers from heat stress include OSHA 3154 and CAL/OSHA 3395, which mandate that employers take the necessary preventative training and education measures to ensure preparation and worker safety. These requirements mandate that industries prone to heat exposure such as construction, agriculture, landscaping, refineries etc, meet certain general industry training safeguards.

According to training mandates, effective training on the following topics must be provided to each supervisory and non-supervisory employee before the employee begins work that is reasonably anticipated to result in exposure to the risk of heat illness:

• The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment.
• The employer’s procedures for complying with the requirements of this standard.
• The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties.
• The importance of acclimatization.
• The different types of heat illness and the common signs and symptoms of heat illness.
• The importance to employees of immediately reporting to the employer, directly or through the employee’s supervisor, symptoms or signs of heat illness in themselves, or in co-workers.
• The employer’s procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary.
• The employer’s procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.
• The employer’s procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate.

Prior to supervising employees performing work that will result in exposure to the risk of heat illness, Supervisors must be provided effective training on the above topics as well as:

• The procedures the supervisor is to follow to implement the applicable provisions in this section.
• The procedures the supervisor is to follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures.
• How to monitor weather reports and how to respond to hot weather advisories

In order to meet these heat stress safety training and prevention requirements, employers will need to provide a general training program and then equip the appropriate job sites with the necessary materials.

The heat stress training program must be in compliance with the requirements laid out in Cal-OSHA heat standard, General Industry Safety Order (GISO) 3395.

Training requirements should include:

• Posting the Heat Stress Posters and hang the Heat Stress Responder First Aid Kit within easy access
• Providing a trainer’s Guide for supervisors to lead a heat stress safety meeting
• Providing attendees with Worker Fact Sheets detailing critical information on heat related illness and prevention
• Supervisors can complete and sign the Daily Checklist, ensuring the correct measures have been taken to prevent heat related illness or injuries

The topics included in the heat stress training must include:

• The health effects of heat
• How to stay safe and healthy
• How to be prepared for an emergency
• How to prevent heat illness

The Heat Stress Compliance in a Box is the perfect training solution, which includes OSHA’s required Heat Stress Safety and Prevention mandates.

In terms of jobsite training

• Workers must identify heat illness and the common signs and symptoms of heat illness.
• Ensures that in the event of an emergency, specific directions to the work site are provided
• Assists you in meeting OSHA First Aid Guidelines for treating heat related illness

The Heat Stress Job Site Safety Kit Solution Includes:

• Heat Stress First Aid Posters (1 x English, 1 x Spanish

OSHA and Cal/OSHA require that workers must identify common signs and symptoms of heat illness.

• Heat Stress Prevention Posters (1 x English, 1 x Spanish)

OSHA and Cal/OSHA require that in the event of an emergency, specific directions to the work site are provided.

• Heat Stress Responder Kit

Assists you in meeting OSHA First Aid Guidelines for treating heat related illness.

Help your workers stay safe and meet compliance regulations without delay.  Summer is almost here!

Among many reasons why it is important to maintain an up-to-date Written Safety Plan, is to meet Federal law obligations and protect yourself from costly fines and law suits. Did you know that failure to maintain a Written Safety Plan (or IIPP) is consistently among the top 10 most cited OSHA standards? OSHA Section 3203 mandates that all businesses maintain a written record of all health and safety hazards in the workplace, along with the appropriate procedures to handle each of these hazards. A well designed Written Safety Plan and strategy will meet and exceed the OSHA Standards for an IIPP.

Employers are advised that in addition to the Injury and Illness Prevention Program for Safety, Health and Workplace Security your business must also have safety plans that address the standards that impact the operation of your business.  A Written Safety Plan must be specific to the company and it’s location, and address the safety standards for the company’s industry classification. Keep in mind, if your safety plan isn’t in written form your company is not compliant! Combined with an effective Written Safety Plan, industry specific employee training and ANSI Certified first aid materials in the workplace, an OSHA Safety Notice Poster is an essential part of the safety culture necessary for employers to provide a safe and healthy work environment as required by OSHA. Employers must inform their employees of pertinent workplace safety and health information in order to be compliant with various OSHA standards. An OSHA Safety Notice Poster assists businesses by communicating employer specific notices, postings and information that are required in general industry.

An OSHA Safety Pack can assist you in complying with State and Federal safety regulations, help lower workers’ compensation claims, and avoid safety-related fines and law suits. A written safety plan or IIPP is the most effective and efficient way for businesses in meeting these requirements. Included is a written safety plan on a CD. Once you have received your safety plan, please print out all the documents provided and make them available to all employees in your workplace.

The Osha Safety Pack provides you with compliance by including,

* General Safety & Health Policy (29 USC 654(a)(b))
* OSHA Poster (3165-09R) — “It’s the Law” (29 CFR 1903.2)
* OSHA 300-A Summary (29 CFR 1904.32)
* Right to Access Medical and Exposure Records (29 CFR 1910.1020(g))
* Injury & Illness Reporting Procedures (29 CFR 1904.4)
* Personal Protective Equipment (PPE) Notice (1910.132(f)(1)(i)(ii))
* Emergency Contact Numbers — 29 CFR 1910.151(a)

The Basic Written Safety Plan provides a written record of all health and safety hazards in the workplace and the proper procedures to handle these hazards. The just-updated Basic Written Safety Plan includes the basic requirements for an Injury and Illness

Prevention Program as laid down by OSHA*:

* OSHA-Business Disaster Recovery Safety Plan
* OSHA-IIPP-Safety & Health Plan
* OSHA-IIPP-Workplace Security Safety Plan
* OSHA-Incidents & Investigation Safety Plan
* FBI Anthrax Poster
* Suspicious Mail Alert Poster
* Safety Plan Quick Guide

* The Basic Written Safety Plan is not an “OSHA-proof” IIPP. Additional requirements may be applicable depending on industry type. The effectiveness of an IIPP and how well it meets OSHA regulations depends on you addressing all the requirements and putting them into practice in your workplace. An IIPP must be printed, and be available to all employees on request.

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification I-9 form.

While employers should begin using the March 8, 2013 dated I-9 form immediately, older forms dated Feb. 2, 2009, and Aug. 7, 2009, will be accepted until May 7, 2013. After May 7, 2013, only the March 8, 2013 form will be accepted.

Individuals hired for employment in the United States are required to complete the I-9 form, regardless if they are or are not a U.S citizen. The I-9 form is used to verify identity as well as employment authorization and requests employees to provide the employer with acceptable documents verifying the identity and work authorization of the employee.

Employees should complete and fill out Section 1 of the I-9 form no later than the very first day of employment. Once the employee has provided the appropriate documentation and signed Section 1 of the I-9 form, thus attesting their citizenship or immigration status, the employee has agreed to be fined and/or imprisoned if false statements are provided on the form. The employer is then required to examine the employment authorization and the validity of the documents within three business days of the employees first day of employment.

The employer must then complete Section 2 of the I-9 form and record the document information including, document title, document number, document expiration date (based on the documents provided by the employee). Next, under Certification of Section 2, the employer must insert the employees first date of employment and complete this section with their name, title and the employer’s business name and address.

Section 3 of the I-9 form may or may not have to be completed depending on whether the employee provides an Employment Authorization Document, noted in Section 1 as Form I-766, or a 2-year permanent resident card. The employer is obligated to complete this section before the expiration date listed in Section 1. Employers will NOT need to reverify U.S. citizens, non-citizen nationals, lawful permanent residents with a Permanent Resident Card (Form I-551) or any List B documents. Reverification requires an unexpired document from either List A or List C. If an employee is rehired within three years of the I-9 form date, the employer may complete a new I-9 form or complete Section 3 of the original I-9 form. In Section 3, if the employees name has changed the change must be recorded in Block A.

Employers are not required to make copies of the documents presented although photocopies should not be made in lieu of completing Section 2 and Section 3 from the I-9 form. If the employer chooses to do so they should make photocopies for all new hires and reverification. The photocopies must then be presented with the I-9 form in the case of an audit from DHS or a Government agency. I-9 forms should be maintained and separated from the employee’s personal file and every employee should have one. The employer is obligated to maintain the I-9 form for three years after the date of employment begins or one year after the employee’s termination.

If you have not yet updated your I9 forms, here is a free updated I-9 form ready for download.

OSHA mandates that a business maintain a written record of all health and safety hazards in the workplace along with the proper procedures to handle these hazards. An Injury and Illness Prevention Program will help companies to meet these mandated requirements, but how do you properly introduce employees to the training, prepare for an OSHA audit and choose the appropriate Safety Plan product for your business?

It is important that employers takes the appropriate measures to develop good safety attitudes at all times. Not doing so can result in employee lawsuits or serious injuries. In addition to encouraging employees to think about safety, it should be a workplace topic that is continually addressed, discussed and improved upon. It is the employer’s responsibility to ensure that employees work safely, so manager and supervisor training is critical for checkups, monitoring performance and visibility. By encouraging employee participation in an active safety discussion such as inciting questions, addressing complaints about unsafe or uncomfortable conditions ensures positive feedback for safety performance and attitude. Don’t forget to set an example for your workers. When workers see that the staff are wearing PPE, following rules, eliminating hazards and investigating incidents they will be more likely to comply with regulations. When a safety hazard is brought to your attention, whether you are a supervisor or employee, you should take the necessary steps to report or improve the condition right away.

OSHA inspections can take place at anytime. In order to effectively prepare for one of these surprise visits managers will want to cover all bases and be prepared for a range of possible scenarios. If your company is subject to an inspection, it is important to consider simple key points in your plan such as, where the opening conference will take place, who will meet and lead the OSHA inspector through the walk about, whether you have the necessary items (cameras, video) to document and record the inspectors observations and whether you can quickly locate the company’s OSHA logs, illness and injury prevention pan, hazard communication plans and other pertinent records that an inspector might request. If an inspector requests documents which are not made available, it is likely to be interpreted as an admission that the documents do not exist, thus becoming viable grounds for a citation or penalty. Some documents an OSHA inspector might request include,

• OSHA log 300 for the past 5 years
• OSHA 5020 (Employer’s First Report of Injury)
• DWC Form 1 (Workers’ Compensation Claim)
• Proof of workers’ compensation insurance, workers’ compensation experience modification
• Injury and Illness Prevention Program (written safety program 8 CCR 3203)
• Safety Inspection Records, Employee Training Records
• Heat Illness Prevention Program (8 CCR 3395)

In order to demonstrate compliance with your company’s safety plan there are a couple of key steps that will give you the opportunity to prepare effectively.

• Ensure that you have a key employee who is responsible for safety.
• Prepare a plan and any necessary steps, and be able to communicate and train employees about safety.
• Be aware of when your last hazard assessment was conducted and what the results were.
• Ensure that your hazard assessment covers hazardous areas where you have had work injuries.
• Ensure you have the proper accident investigations to determine the true cause of the injury.
• Train all employees in safety and have documentation that includes information on who was trained, on what, when, and by whom.
• Keep written records of any hazard assessments an information on when they were done, by who, and what corrective action was taken.

Other prepatory measures your company should consider is conducting your own workplace accident investigations. If there has been a fatality, serious injury or overnight hospitalization of an employee an OSHA inspection is imminent. By conducting your own accident investigation and site inspection you will be able to plan the logistics and take the preventative measures necessary to cope with the situation and to be better prepared before an inspection. Lastly, there are many resources to help you prepare for an inspection-take advantage of them! OSHA Consultation Services will come out and do their own inspection without citing you, but rather informing you what you need to do and how you need to get ready. They’re a very helpful preventative service, available to help companies to get their act together. Another great resource is your workers’ compensation insurer loss and safety team. This team can give good advice on what is being done correctly and what isn’t. Lastly, by training your own staff to do hazard inspections (which are part of your written safety plan) you will be able to take note of any hazards and keep relevant documentation. A simple solution is having employees from a different department conduct the process using a checklist.

Employers are advised that in addition to the Injury and Illness Prevention Program for Safety, Health and Workplace Security your business must also have safety plans that address the standards that impact the operation of your business. OSHA’s requirements can be daunting and complex. In fact, many employers fail to present and update the documents accordingly with changing mandates and often times forget to include key health and safety points as they pertain to the company and it’s location as well as the safety standards for the company’s industry classification. So, how can you ensure you meet all OSHA requirements? According to OSHA, if your safety plan isn’t in written form your company is not compliant!  A well designed Written Safety Plan will meet and exceed the OSHA Standards, meet your obligations under OSHA, and protect your business from costly fines and lawsuits. Our OSHA Safety Pack meets all the basic OSHA safety and health regulations and includes your All-in-One Safety Poster and IIPP. Our All-In-One Safety Poster Solution and Injury and Illness Prevention Program (IIPP) help safety professionals, business owners and managers comply with State and Federal safety regulations, keep workers safe, lower workers compensation costs and avoid safety-related fines and law suits.

Employee performance is a crucial step for improving employee productivity and should be regularly monitored, evaluated and communicated. There are a couple of things that you can implement to ensure effective procedures and systems to manage your employees.

The first thing managers should do is ensure that they have an updated job description on file for each employee. This prevents any blurring of what the employee is responsible for and helps to define how their success level will be gauged. Having an updated employee handbook is also important. This offers a reference point to review and reflect upon the current Performance Review procedures. Creating a performance review form will also help you to track employee contributions, strengths and any areas that need improvement. Once you’ve scheduled individual Performance Review meetings with employees, both parties will be clear on the contributions and areas of improvement and assistance or resources may be offered to help address specific areas. It is also important to schedule a follow up meeting to monitor performance. Each performance review should be kept in the employee’s HR file and managers should be trained on how to conduct Performance Review meetings and complete Performance Review forms.

Some key pointers to keep in mind are to make sure that the process is as transparent and open as possible to retain the morale and integrity of the employee. Showing appreciation, acknowledgement and being impressed with good performance as well as balancing constructive criticism with positive feedback are integral to a successful meeting and effective communications strategy. It’s also a great idea to brainstorm along with the employees and keep the lines of communication open and support their efforts to improve. Once you help your employees to see the link between their performance goals and the overall company success, the output of the employees contribution will be more effective and their work will be more rewarding.

There is nothing is more basic to the safety and well being of the workplace than keeping it violence-free. This truth has been tragically spotlighted over the past many months. In these cases, the violence came from outside. Human behavior is inherently difficult to predict, but it can be even harder to foresee when a perpetrator is a relative stranger. It is within our ranks where we have the greatest opportunity to prevent such attacks on the peace, safety and well being of our workplaces.

On Dec. 14, 2010, a gunman whose wife had lost her job as a teacher walked into a Panama City FL school board meeting and fired several rounds before being wounded by a security guard and taking his own life.

On Jan. 8, 2011, at Rep. Gabrielle Gifford’s Congress on the Corner event at a Tucson mall, a gunman killed 6 and wounded 14 including Rep. Gifford and members of her staff. For them, others working at the event, and the many employees of the mall, this was a workplace violence incident.

On Dec. 14, 2012, a horrific incidence of workplace violence took the lives of children and staff at Sandy Hook Elementary School in Newtown, CT.

What is known is that, according to OSHA, the risk for violence is higher for jobs with extensive public contact in the community. Other high risk workplaces include health care, social service, where money is exchanged or deliveries made, and where late night or early morning hours are worked, particularly in high crime areas. 7,000+ workplace homicides occurred between 1997-2007 (the most recent U.S. Labor Data available). Of those, 1000+ involved work associates, which is our focus here.  Although most incidents don’t involve a death, they can none-the-less be scarring for the individual and collective psyches of your team and your organization. In addition to any physical injuries, the toxic fallout from violence can include cognitive distraction, fear and anxiety, increased absence, turnover, emotional exhaustion, more accidents, performance deficiencies and lower production.

According to the Workplace Violence Research Institute, workplace aggression also takes a heavy toll on the financial health of businesses.  An Institute study estimated the aggregate cost of workplace violence to U.S. employers to be more than $36 billion as a result of expenses associated with lost business and productivity, litigation, medical care, psychiatric care, higher insurance rates, increased security measures, negative publicity, and loss of employees. Problems in any of these areas can create a difficult financial environment for companies, especially those that are in the small or mid-sized range. Investigations in the aftermath of violence by employees often reveal that warning signs were missed or unreported, either by employees to management, or by supervisors up the line.

For supervisors, there are some common reasons why warning signs aren’t addressed:
•    Aversion to conflict
•    Discomfort with emotion
•    Not knowing the company’s safety policy and procedures
•    Lacking confidence in the company’s safety policy and procedures
•    Reluctance to spend time on “non-bottom line” issues
•    Fear of retaliation

Given the legal duty of employers and their agents (everyone in a position of authority) to create and maintain a safe workplace, companies are much more likely to train supervisors on Workplace Violence than the rank and file employees. Yet employees are a powerful piece of the violence prevention puzzle when educated, enlightened and engaged in protecting their turf.

Harassment is at the beginning the violence continuum. In our training, we let employees know harassment can escalate into warning signs of potential violence, which can include:
•    Threats of harm or suicide
•    History of violence
•    Physical or verbal intimidation (for example: harassing phone calls or stalking)
•    Unwarranted paranoid behavior
•    Excessive conflicts at work
•    Inability to take criticism about job performance
•    Carrying or fascination with weapons
•    Fascination with news about violent incidents
•    Approval of violence to solve problems
•    Despair over personal problems
•    Drug or alcohol abuse
•    Disregard for employee safety
•    Obsessive involvement with the job with no apparent outside interest
•    A loner romantically obsessed with a co-worker who doesn’t welcome or share the interest
•    Extreme changes in behavior

In our experience, employees overwhelmingly want to be good workplace citizens — do the right thing for themselves, the team, and the company

At your company:
•    Are employees empowered and committed to take action if they see a risk?
•    Is there a culture of compassion, respect and professionalism up and down the line?
•    Are employees informed about the proper action to take re: potential violence?
•    Is there an atmosphere of trust in which employees feel comfortable coming forward?
•    Are employees confident they will be protected from retaliation?
•    Has it been demonstrated that concerns will be taken seriously and information handled with maximum confidentiality?
•    Are supervisors aware, informed, engaged with management in helping troubled employees, including support through the EAP?
•    Have you thought about providing reference cards to employees with warning signs and prevention tips?

It’s a pressure-cooker world. Even if the workplace is copacetic over-all, we can’t necessarily jettison outside stressors at the door. We’re hearing about an uptick in hostility in client workplaces as staff members deal with such things as caring for older parents, kids returning to the nest, spouses losing jobs, and financial worries. This is a time to engage your entire team in being compassionate, watchful, and proactive in preventing violence from ripping at the fabric of your workplace community.

Kit Goldman, President and Founder of Workplace Training Network, Inc., An OSHA4less,com Strategic Partner. Over the past 20 years, Goldman’s courses have engaged hundreds of thousands of executives, managers, and employees in a vast array of industries. She has appeared frequently as workplace experts in the national media and contributes to the OSHA4Less blog on a monthly basis.