Safe and Healthy Work Practices - Do You Have a Plan?

As a California employer, are you required to have an Injury & Illness Prevention Plan in your workplace? The answer is resoundingly YES! Pursuant to SB 198, effective July 1, 1991, every employer (see the exception below*) shall establish, implement and maintain an effective Injury and Illness Prevention Plan.

The Plan must be in writing and requires the following seven elements:

1. The person or persons within the company that have authority and responsibility for implementing the Plan.
   
2. A process for ensuring that employees comply with safe and healthy work practices. Including, but not limited to: recognition of employees who follow safe and healthful work practices, training and refresher training modules, corrective actions and a comprehensive hazard communication program.
   
3. Protocol for communicating with employees, in a form readily understandable by all employees, on matters relating to health and safety within the workplace. Including, but not limited to: meetings, training programs, posters, written communications, employee access to anonymous notification concerning hazards and the establishment of safety committees that meet regularly.
   
4. Procedures for identifying and evaluating work place hazards including scheduled inspections to identify unsafe conditions and work practices. Inspections must be conducted to identify and evaluate workplace hazards.
   
5. Procedures to investigate occupational injury or illness.
   
6. Procedures for correcting unsafe or unhealthy conditions, work practices and work procedures, in a timely manner, based on the severity of the hazard.
   
7. Provide for formal training and continuous instruction.

*Exception is given to employers with fewer than 10 employees who are permitted to communicate and train employees orally in general safe work practices with specific instructions regarding unique hazards to the employees' job assignments as compliance with subsection 8 CCR Section 3203 (a)(3).

Employers Group can Help you with your IIPP
We have staff experts in the area of Health and Safety Compliance who can provide any of the following services:

1. Assistance in drafting an IIPP tailored to the member-specific industry;
2. Review an existing IIPP to ensure compliance;
3. Conduct formal site assessments at the member’s location to identify hazards;
4. Provide formal action plans on hazard elimination with attorney/client privilege;
5. Conduct training required as referenced within the IIPP, unique to the member’s industry;
6. Assist in establishing Safety Incentive Programs in the workplace; and
7. Launch an effective Health and Safety Program at the member Company.
   

July is Health and Safety Awareness month at Employers Group. Call us now to determine how we can help your organization be a safe place to work. Ask for a Professional Services Manager when you call us at (800) 748-8484, or send an email to lhollis@employersgroup.com.

Workplace Injuries

Q: When can an injured employee begin receiving temporary disability payments?
A: There is a waiting period of three (3) days following the injury before an injured employee can receive temporary disability payments. For purposes of calculating the waiting period, the day of the injury is counted unless the injured employee was paid full wages for the day of injury. There are two exceptions when the waiting period is waived. When the employee is hospitalized as an inpatient for treatment required by the injury, temporary disability begins immediately. The second exception is when .the injured employee has been off for more than 14 days. When this happens, the first three days are paid retroactively.

Q: Can the employer be held responsible for an injury suffered while the employee is coming to work or going home?
A: Under most normal conditions, an employee injured on the way to work or the way home will not be covered by workers' compensation. There are numerous exceptions to this rule and it is often necessary to look carefully at the specific circumstances surrounding an injury. The most important consideration is whether or not the employee was in some measure under the control of the employer. This will be true when the employee has already arrived at work or has not yet left; or the employee is being paid at the time of injury. It will also be considered a work injury when the employer exercises control over the employee's route; or, when the employer exercises control over the employee's activities during the commute.

Ergonomics Made Easy for the Workplace

What is the value of your employee’s well being? We all want our employees to be happy, healthy and satisfied at work. We follow numerous safety standards, turn up the heat or A/C during the appropriate season and even provide “ergonomic” gadgets and chairs. We do this to make sure employees do not experience pain related to doing their jobs.

Erogonomic risk factors
The reality is that if an employee has physical pain, something is wrong. Regardless of all the efforts, it may very well be caused by something as simple as the way they are performing certain work activities—which means it is an ergonomic problem.

Ergonomics made easy in new video program
In her interactive video program “SimpleERGO,” Dr. Alexandra Charish explains the facts about ergonomics and how to prevent and stop pain now. It is a training program that can be shown to all your employees. Dr. Charish dispels the myth of repetitive motion and addresses some of the most common pain issues plaguing employees today, such as:

• Neck and shoulder pain
• Sore wrists
• Sciatica
• Headaches
• Forearm pain
• Low back pain
• Tendonitis
• Eyestrain and Fatigue

Dr. Charish’s approach is simple: isolate the problem and identify a solution. The good news is that most ergonomic risk factors can be corrected at either no cost or a low cost. Dr. Charish has a Ph.D. in ergonomics, is a board certified ergonomist, and is the very expert used by Fortune 100 companies.

“SimpleERGO” is available in DVD, VHS and Streaming Video through the EG Store at discounted member rates. To purchase this 48-minute training program (in English or Spanish), or for more information, please visit our web site or call our Member Service Center at 800-748-8484 to speak to a representative. For a free demo, go to www.employersgroup.com/ergodemo.

Managing Compensation with Technology

Compensation Management is not an easy practice, as anyone involved with this intricate exercise can attest to, but an HRMS (Human Resource Management System) can help simplify the piles of data and help you streamline the process. How do you quickly determine who gets raises and who doesn’t? What about trying to figure out who is outside the salary range for their position? Can you easily generate reports that will help you manage the complex tasks of merit increases?

Employers Group offers an HRMS product that can help you with the following functions:

• Managing Merit Matrices to help apply salary increases based on employee performance ratings and position in the salary range.
• Tracking Salary Ranges for each Job
• Computing Compa ratios
• Reporting on salary grades, matrix guidelines, distributions, exceptions, projections of salary increases, etc.

Whether you are looking for a web-based, outsourced solution like eeAccess, powered by UltiPro, or an in-house solution like Abra, from Best Software, we can help you.

For further information, contact Joyce Weldon, HRMS Product Manager, at Employers Group, at 1-213-765-3999 or jweldon@employersgroup.com.

Common HR Compliance Mistakes Heard on our Consulting HELPLINE

Members tell us that the Consulting Helpline is EG’s most valued service. As a member, you can make unlimited calls regarding any HR related issue. Here are 10 of the common compliance mistakes discussed with our Helpline:

1. Commission agreements in writing – Failure to have sales commission and bonus agreements in writing and signed by both parties. Generally, these documents will be the deciding standard (careful of forfeitures). Any ambiguities are always interpreted against the drafter, usually this is the employer. Always have a labor attorney write or review the document.
   
2. I-9s – Failure to know that when a work authorization expires the employee can produce any document from List A, or list B and C. They don’t have to present an up-dated version of the initial work authorization.
   
3. Incentive pay and “regular rate” – Failure to include any production incentive payments (bonuses, etc) in the “regular rate” calculation. The “regular rate” is that hourly rate on which overtime must be calculated by law.
   
4. Travel time as hours worked – Failure to realize that any travel time is hours worked, regardless of when it occurs. Yes, sitting in an air terminal is paid travel time. A different travel time rate may be established before the travel is commenced as long as it equals minimum wage ($6.75/hour). Paying two different rates requires using the weighted average method to calculate the regular rate for overtime purposes.
   
5. FMLA/CFRA leaves – Failure to establish the 12-month period during which an employee is eligible to take FMLA and/or CFRA. The rolling back method is most advantageous to the employer.
   
6. Second opinions for leave necessity – Failure to realize that the employer may get a second medical opinion about the necessity for the employee to take FMLA and/or CFRA leave. This is not allowed for the illness of a relative,
   
7. Rest periods – Failure to know the formula used for the rest period requirements (applies only to non-exempts). The rest period requirement kicks in when hours worked equals at least 3 & ½ hours. The formula is 10 minutes for every 4 hours of work or major fraction thereof. Examples: 4-hour shift = one10-minute rest period; 6 hours of work = one 10-minute break; 6 hours & 5 minutes of work = 2 ten minute rest periods, one rest period for the first 4 hours and a second rest period because the balance of work is 2 hours & 5 minutes, which is a major fraction of 4 hours.
   
8. Non-authorized deductions from pay — California only allows these deductions in cases where the cash shortage or breakage is the result of gross negligence, willful misconduct, or dishonesty. Be ready to prove these. The employee must be left with federal minimum wage ($5.15) for all hours worked.
   
9. The fixed salary requirement for exempt positions – Applies only where some work is performed in the company’s established legal workweek (a continuous 7-day period). If no work is performed in the7-day period, then no salary is due at all. Further, the fixed salary is only a floor. Employers are allowed to pay overtime to exempts. Since overtime is not legally required, it can be paid at whatever calculation the employer decides.

Sick days and personal days – absences due to sickness for a full day do not have to be paid if the company has a bona fide sick pay plan and the employee has no sick time available because he is new or has maxed out. Personal days missed may be non-paid where no vacation is available.

Holiday pay rule – many employers require their employees to work the day before and a day after a scheduled holiday to be eligible for holiday pay. This rule cannot be applied to exempts. The law’s view is that the employee is ready and available to work on the holiday and he/she cannot be penalized if the company is closed.

10. Work station rest periods – Failure to know that employers may require employees to take rest periods at their work stations, but must be relieved of all work duties. Regarding meal periods, the employee must be allowed to leave the employer’s premises. Meal periods are required only for non-exempt employees.