Health, Safety, & Security Questions of the Week
Marijuana in the Workplace
HR Question:
Now that Issue 2, legalizing recreational marijuana in Ohio, has passed, what does it mean for my employment policies? Does this mean my drug-free workplace policies are no longer valid? How should I navigate marijuana in the workplace?
HR Answer:
Medical marijuana was legalized in Ohio in September 2016, and retail sales began in January 2019, when the first four licensed dispensaries opened for business. On December 7, 2023, Issue 2, decriminalizing non-medical marijuana use, will go into effect – opening the door for adults 21 and over to legally possess, purchase, and share up to 2.5 ounces of cannabis. As reported by WCPO, the law isn’t without its limits, however, as it prohibits:
- Using marijuana in public
- Operating a vehicle while under the influence of marijuana
- Being a passenger in a vehicle and using marijuana at the same time
Additionally, landlords and employers can still prohibit marijuana use based on their policies. So, what do employers need to consider as they navigate this new law?
Considerations for Recreational Marijuana in the Workplace
First and foremost, it’s up to the organization to decide if the use of the drug will be tolerated or affect current drug testing policies. The employer would potentially need to reevaluate, for example, whether or not there is an acceptable amount of marijuana that could be found in someone’s drug test, and how that amount may impact the decision of whether or not to terminate an employee (or not to hire). Additionally, it’s necessary to consider how to ensure current employees aren’t using marijuana at work or before they come in.
Depending on how your organization wants to proceed, there are a few paths to take:
- You could choose to eliminate confusion and maintain (or start) a zero-tolerance drug-free workplace. The drawback here is that you could have a harder time finding applicants for job openings. If that’s the case, you could remove or modify any existing testing policies to eliminate cannabis, much like many employers don’t test for alcohol.
- If you open up your organization’s policies to permit legal marijuana use, one option is to shift the focus from testing what’s in someone’s system, which may linger for weeks after the fact, and instead come up with a new standard aimed at determining whether an employee is actually impaired. Some employers have begun to implement alertness assessments, which allows employers to test someone’s cognitive function that day. Of course, this would require training your leaders and managers and communicating expectations across the board to all employees.
Considerations for Medical Marijuana in the Workplace
What about medical marijuana? In outlining employers’ rights, Ohio’s Revised Code 3796.28 states that an employee has no specific protections, which could be interpreted that you do not have to accommodate an employee’s need to use the substance. An employer has the right to not hire an employee based on medical marijuana use, possession, or distribution. At this time, the law does not allow a cause of action against an employer if an employee believes he or she was discriminated against due to medical marijuana use. An employer is allowed to have a zero-tolerance drug-free policy in place, with or without special accommodations for those who use medical marijuana.
The Bottom Line
No, this does not mean your drug-free workplace policies are no longer valid. But what this does mean is that this is a key opportunity to review any drug-related policies to make sure they are up-to-date, accurate, and reflect the needs of your organization. And, as always, consult your legal counsel to ensure that you’re avoiding discriminatory actions and complying with federal, state, and local laws. If you make any changes, be sure to distribute and explain the policy and have employees sign off on the acknowledgment.
Thank you to Alisa Fedders, MA, SPHR, and Samantha Kelly for contributing to this edition of our HR Question of the Week.
Do you struggle with doing what is right for your company and right for your employees when it comes to creating a Drug-Free Workplace? Sometimes the “right” solution isn’t always easily identified. Strategic HR understands your dilemma of being between a rock and a hard place. We can provide you with best practices, policies, and training when it comes to creating a Drug-Free Workplace or any needs concerning the health and well-being of your workforce. Please visit our Health, Safety, & Security page for more information on any of these services.
How To Handle Drug and Alcohol Abuse in the Workplace
HR Question:
I am part of our HR team, and a supervisor approached me because they suspect one of their employees may be drunk or on some type of drug that is inhibiting their performance. We have a policy prohibiting workplace drug and alcohol abuse that allows us to test if we have reasonable suspicion. Is that enough? What should I do?
HR Answer:
First, we recommend that you talk with the supervisor to understand and specifically document the employee’s behavior that’s causing concern. Is it behavior that is not typical (i.e., appearance, odor, etc.)? It is ideal to have two parties observe and document the behaviors to independently confirm reasonable suspicion of drug and alcohol abuse. However, it is not required if you do not have the ability to do this. If you’re able to have two observers, one party is often the supervisor and the other party is typically someone in management or HR.
If the employee has a safety-sensitive job or appears to present a safety concern for others, the manager and/or HR professional may need to remove the employee immediately from their work area. In this case, escort the employee to wait in a safe and private location (i.e., a conference room, an office, etc.) to discuss the concerns and observations.
How to Communicate the Concern
After documenting the employee’s behaviors, it is important to promptly discuss this information with the employee. It’s helpful to approach this type of conversation from a position of care and concern for the employee versus an accusatory approach. The observations should be shared in a fact-based manner. It is not necessary to specify the drug or alcohol you suspect they may have used. Instead, focus on the concern that they appear to be impaired in some way.
The company’s workplace drug and alcohol abuse policy should be reviewed with the employee, and it should be explained that they are being required to be tested as outlined in the policy. It is also important to explain the consequences if they refuse to comply. (And this should be addressed in your policy as well.) If you have any doubt about your policy’s ability to protect your organization or your employees, we recommend having your attorney review it.
Drug and Alcohol Testing
Given the nature of the situation, the employee should not be allowed to drive themselves to the testing facility. Rather, the employee will need to be transported to the drug/alcohol screening facility. It is best practice to have someone in management or HR alert your testing facility of the situation and to transport the employee. Keep in mind, if you use a facility that does not provide instant results, you will also need to transport the employee to their home or ask them to identify someone who can pick them up and take them home.
It is best practice to not have the employee return to work until the test results are available. If you’re wondering how to handle the employee’s pay during this time, you are not obligated to pay an hourly (non-exempt) employee for time missed from work while waiting on the test results. This may not be the case for salary (exempt) employees according to the FLSA.
Negative Test Results
If the test results are negative, the manager or HR professional should contact the employee and advise them they can return to work on their next scheduled day. It’s also best practice to pay employees for time missed from work while waiting on the results.
Positive Test Results
If the test results are positive, you should follow your company’s policy and procedure. This may involve a last-chance agreement, treatment and/or Employee Assistance Program (EAP), or immediate termination if the company has a no-tolerance policy.
Whether the result is positive or negative, the situation must be handled respectfully and professionally. Keep in mind this is an uncomfortable situation for everyone and should be treated with the utmost discretion for all parties involved.
Special thanks to Marie Frey, SHRM-CP, HR Business Advisor for contributing to this HR Question of the Week.
Handling drug and alcohol use in the workplace can be stressful…especially if you don’t have the right policies, procedures, or training. Strategic HR can provide you with best practices, policies, and training when it comes to creating a Drug-Free Workplace or providing an overall safe and healthy work environment. Visit our Health, Safety & Security or Training & Development pages to learn more.
Do I Need a Heat Safety Plan? How Do I Build One?
HR Question:
As an employer, I understand it’s my responsibility to take precautions when employees work outside in the heat. Additionally, I learned that OSHA is now conducting Heat Safety Inspections. Do I need a heat safety plan? If so, how do I build one?
HR Answer:
As summer heats up and the temperatures rise above 80°F, so too will heat-related illnesses. Employers should be aware that OSHA places a duty on employers to protect employees from occupational heat-related illnesses both indoors and outdoors. SHRM reports that employers should prepare for an increase in heat-related workplace inspections by OSHA especially as the heat index rises!
Despite being commonly underreported, the Bureau of Labor Statistics found that since 2011 there have been 436 work-related deaths caused by environmental heat exposure. The death of postal worker Peggy Frank from heat stroke in her mail truck led to legislation that require all postal vehicles to be modified to include air conditioning within three years. In 2021, OSHA announced an enforcement initiative on heat-related hazards, developing a National Emphasis Program on heat inspections, and launching a rulemaking process to develop a workplace heat standard.
Starting a Heat Safety Plan
A job safety analysis will provide a better understanding of the heat risks that your employees experience. Positions commonly at risk for heat-related occupational illness are workers in agriculture, construction, landscaping, and mail and package delivery. Indoor environments such as manufacturing plants and distribution centers can create high-heat environments, which through ambient heat and protective clothing can be just as dangerous as the outdoors. When building your heat safety plan, be particularly mindful of the dangers involved with physically demanding positions and positions requiring bulky equipment or gear in high heat.
Monitor The Heat
When the heat index reaches 80°F or higher, serious occupational heat-related illnesses and injuries increase. This is especially true when employees are not yet acclimatized to the heat, performing strenuous work in direct sunlight, or in radiant heat without frequent access to cool water and shade. Monitor ambient temperatures and prepare for high heat events to ensure adequate measures are taken to protect employee health. Businesses with high-heat environments should establish a heat alert program so adjustments can be made to the physical demands of employees working in high heat. Businesses may consider scheduling hot jobs for cooler parts of the day or planning scheduled maintenance or repair work for cooler seasons.
Evaluate Your Tools
Once there is a thorough understanding of the organization’s heat safety risks, evaluate environmental controls such as air conditioning, fans, heat shields, ventilation, or other ways of reducing radiant heat sources. Investments made in improving employee working conditions will improve productivity and provide a boost to morale. Employers can continue to reduce the risk of occupational heat illnesses by providing frequent breaks, and shaded cooling stations with ample cool water that is easily accessible to workers. Establishing a regular schedule of rest and hydration breaks will promote a culture of well-being where employee health and safety are the top priority.
Pay close attention to new hires in high-heat environments as they have not had an opportunity to acclimate to the environment. Provide even more frequent breaks to new employees and ease them into the physical demands. Providing body cooling and protective clothing such as cooling vests can help reduce the impact of the heat on the employee’s health.
Train Your Managers / Supervisors and Employees
Train employees and managers on heat safety to ensure that everyone knows the signs and symptoms of heat stress and is trained on heat-related illness first aid. OSHA fined a Florida-based employer heavily for exposing workers to hazards related to high ambient heat without adequately training someone to perform first aid and ensure they were available to render assistance in heat-related emergencies. Training is key to ensuring employees are educated on heat-related hazards to manage their exposure, take breaks, stay hydrated, and monitor signs of heat stress. Managers need to be trained on heat-related hazards, safety protocols to reduce heat-related illnesses, and how to obtain first aid for any employee suffering from heat-related illness.
Employers can consult the Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments for more recommendations on how to build a heat safety program and keep employees safe from heat-related illnesses.
Special thanks to Colleen Mahoney, PHR, for contributing to this edition of our HR Question of the Week!
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? A safe environment plays a key role in keeping a company Healthy, Safe, and Secure. Strategic HR has the expertise you need to ensure your policies and practices are keeping your workers, and customers, safe. Visit our Health, Safety, and Security page to learn more about how we can assist you.
How To Determine If A Home Office Injury Is Covered By Workers’ Compensation
HR Question:
Our company has agreed to allow employees to work a hybrid schedule, allowing them to work from home on multiple days during the week. Although this has been very well received by employees, we have seen an increase in the number of injuries from employees working from home. How do I know if a home office injury is covered by workers’ compensation, and how do I handle these claims?
HR Answer:
The Bureau of Labor Statistics announced that in 2020, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses. Although down from 2.8 million in 2019, workplace injuries are still an expensive and difficult issue for employers, and with the increase in the number of employees telecommuting and working from home or alternate locations, this task has some additional unique challenges.
What is a compensable injury under workers’ compensation?
In many instances, it is easy to determine if an injury is covered by workers’ compensation. The key words in determining coverage under workers’ compensation are: “arising out of (what they were doing) and in the course of (where were they – time, place, etc.) employment.” Cutting your finger opening a box at work is an easy example of a covered injury. Injuries from a home office are not always as easy to determine coverage. Overall, injuries and illnesses that occur while an employee is working at home are considered work-related (and thus compensable) if the illness or injury occurs while the employee is performing work for pay in the home or alternate workspace and the injury or illness is directly related to the performance of work. If the employee is completing a work task and they can prove they were working in the interest of their employer when they got hurt or injured, it is typically a covered event.
One important note is that employers must also consider the “personal comfort doctrine.” This legal term states that certain personal activities for the employee’s comfort (bathroom breaks, eating/drinking) are deemed necessary and are considered part of an employee’s work activity. According to the personal comfort doctrine, tripping over the dog and breaking your leg while walking to the bathroom at home during work hours could be covered under workers’ compensation. This doctrine, along with the overall lack of witnesses and the inability to control the work environment, can lead to frustration regarding workers’ compensation claims outside of the traditional workplace.
For additional support, OSHA provides instruction on compliance and guidance on interpreting the work-relatedness of injuries resulting from telecommuting.
What can employers do to protect your organization and your employees?
We recommend taking the following steps to establish expectations for safe remote work environments, as well as what to do if you receive an injury claim from a remote worker:
- Create a work-from-home policy that includes the requirement to maintain a professional, well-kept, and safe work environment. Include home safety audits.
- Require employees to report any work-related injuries or illness immediately to their manager or safety official.
- If an injury occurs, obtain a report of the accident and be sure to include a written statement from the employee. The report should include exactly what the person was doing at the time of the injury. How, when, and where the injury occurred should be detailed in the report. Cumulative injuries and slips, trips, and falls are the most commonly reported home injuries, therefore, getting these details is important.
- Ask the employee to take pictures of the work area where the injury occurred as well as of their injury, if possible.
- Provide all of the pertinent information to your workers’ compensation carrier or administrator, and let them make the assessment as to work-relatedness. Include legal counsel if necessary.
Overall, treat all workplace injuries the same, regardless of where they occurred. Claims must be actively managed from the time they are reported. Employee safety and health should be a priority for all employers, regardless of an employee’s work location. Actively managing these claims is one step in assuring their well-being and the well-being of the company.
Thank you to Patti Dunham, MBA, MA, SPHR, SHRM-SCP, Director of HR Solutions for contributing to this HR Question of the Week.
Strategic HR understands your concerns with the well-being of your employees as well as your organization. We offer expertise in health, safety, and security to cover any need you may have ranging from creating workplace safety policies to developing a business resumption plan for handling unexpected emergencies. Please visit our Health, Safety & Security page for more information.
How Do We Create An Emergency Preparedness Plan?
HR Question:
We don’t have a formalized emergency preparedness plan, and I think we should probably have one, right? What should we include?
HR Answer:
You’re right. Every employer needs an emergency action plan for many reasons, including to be compliant with the Occupational Safety & Health Administration (OSHA) 29 CFR 1020.38(a) requirement. Beyond the mandate, every employer should want to protect their employees from harm to the best of their ability, as emergencies can be unpredictable, scary, and have impacts beyond your business to the community around you – such as the recent explosion at a Northern Kentucky chemical plant. And finally, if you do not protect employees and they are harmed, they may come back with a lawsuit, as was the case after the recent tornados destroyed a local factory in Mayfield, Kentucky.
Emergency action planning doesn’t have to be hard. You should have a written policy to address a variety of potential emergency situations such as a fire, tornado, hurricane, chemical spill or explosion, active shooter, and major illness or pandemic. When prepping Emergency Response Plans, it’s important that you anticipate the variety of emergencies you might face. Consider the risks that your organization may be exposed to, even if they’ve never happened before, and make a list. Create a separate plan for each separate emergency. After all, how you respond to a flood may be very different than how you would respond to a tornado.
From there, it’s important that you prepare your teams. Clearly communicate these plans to all employees at all locations annually and be sure to practice them on a regular basis. At a minimum, the strongest emergency response plans should include:
- A way of making an immediate announcement of an emergency to employees (e.g., PA system, phones, text, etc.)
- Response procedures including emergency escape routes and safe shelter-in-place designated areas (post these routes/locations at common points in the building)
- Identification of a safety officer and/or employees who may remain to perform critical operations before they evacuate/shelter-in-place (depending on the severity of the emergency) and what those operations are
- Accounting for all employees after evacuating or emergency has concluded
- Rescue and medical duties for employees
- Names or job titles of persons who should be notified of the situation
The beginning of a new year is a great time to remind your employees of your emergency action plans and practice them for a variety of situations. Some resources available to assist in developing plans include:
- Strategic HR’s Emergency Preparedness Toolkit
- OSHA’s How to Plan for Workplace Emergencies & Evacuations
- Ready.gov Business Preparedness Planning and Tools
Special thanks to Lorrie Diaz, MS, for contributing to this HR Question of the Week!
It’s not negative thinking to plan for a devastating event that could harm employees or impact your company’s ability to function – in fact, it’s a good business practice. Bad things happen, but it’s how we prepare for and recover from a disastrous event that often leads to success or failure. Visit our Health, Safety & Security page to learn more about how we can help you with your emergency preparedness needs.
How Can HR Professionals Reduce Workplace Violence?
HR Question:
How can we reduce workplace violence?
HR Answer:
The numbers are staggering and undeniable. According to SHRM’s 2019 study, 48% of HR professionals reported some type of workplace violence incident in their organization. The U.S. Bureau of Labor Statistics also reported in the same year there were 888,220 events or exposures involving injury or illness. Of those, 20,870 were assaults in the workplace. Even worse, 454 of those assaults were fatalities.
Workplace violence has always been on the radar for HR professionals at some level. They are the first to encourage the involvement of an Employee Assistance Program (EAP); they regularly coach supervisors on having difficult conversations with employees; and often, they serve as sounding boards for employees when they are distraught or concerned. Through actions and behaviors, they work to create cultures of engagement, awareness, and even compassion and grace when faced with difficult employee relations issues regularly. Despite all of these efforts, it is sometimes not enough.
What else can be done beyond the EAP to help reduce and prevent workplace violence incidents?
Proper planning and assessment can help to identify risks.
With proper planning and worksite assessment, employers can identify ways to limit potential exposure, reducing the likelihood of incidents occurring. The Occupational Safety and Health Administration promotes a well-written and practiced workplace violence prevention program. But to truly be effective, programs like this need to contain engineering controls and administrative controls in addition to training.
The National Institute for Occupational Safety and Health (NIOSH) has developed specific guidelines to assist with violence prevention in a variety of work environments. Some helpful engineering controls include bright lighting, silent alarms for front desk/access points, video surveillance, access control, and door locks/badge systems throughout the building to limit the access points.
When creating your plan, remember to work with your local firefighters and/or police to get specific direction or even a complete evaluation of your worksite preparedness plan. There are also many paid professionals and consultants that will help write and/or review your plan specifically for your organization. In this situation, one size does not fit all, so be sure to get some expert advice in creating and training on a proper plan.
Encourage open communication – If you see something, say something.
Encourage open communication with employees, as raising and addressing concerns today can protect someone tomorrow. Create a culture where employees are free to voice their issues in a healthy manner and foster respect within the workplace. Remember to take all staff communications seriously. Even the smallest event can trigger individuals, so properly plan all messages and their delivery, especially if you are implementing any type of change.
Ask employees about safety concerns.
Be involved. Ask questions. Ask employees if they feel safe and what could be done to create a safer environment. Ask them how they are doing. Ask them what concerns or issues they have (and follow up). Focus on early detection of potential issues. HR professionals can play an important role by asking questions and being involved with the goal of early intervention and prevention of workplace incidents.
Leverage technology to identify and address incidents quickly.
New technology is quickly becoming helpful in ways we could have never imagined. A few examples include the following tools out in the market today.
Response technologies can be used to quickly activate the need for first responders. There are tools with location and geofencing that allow responders to pinpoint the actual spot where an event is reported. Active shooter research tells us that in many cases there is a very short window to intervene. Having location accuracy helps improve the chances of an effective and timely response.
Digital technology tools continue to evolve in this space. There are apps, for example, that organizations can provide to employees that allow for confidential reporting of workplace concerns. Think “Ethics Line” gone mobile. These tools allow employees to report concerns – confidentially – and in real-time. The employee report can even include uploaded photos, video, or audio of the behaviors or events they are concerned about or have witnessed, assisting with a future investigation if necessary.
Acoustic gunshot detection is another type of technology that has been implemented in some worksites. These types of systems automatically detect the sound and then tie it to the company’s security systems. It can then sound an alarm, notify the security team, and even dispatch help… long before someone onsite can even discern if the noise was a gunshot or make a call for help.
More sophisticated security programs and camera systems can also assist with potentially violent situations. Old camera systems are reactive, sometimes only activating when a commotion activates the camera. New systems today are proactive, using facial recognition. The systems can send signals if an unauthorized person enters a building or even if someone is carrying a weapon onto the worksite.
As the number of incidents continues to grow, HR professionals and business leaders need to prepare their worksites in ways they have never done before. It is important to remember that the culture we create, the programs we provide, and the tools and technology we implement can help to calm a potentially violent situation you did not expect. Human Resources can take an active role “beyond an EAP referral” to prepare the workplace, staff, and employees to handle these unpredictable situations and even potentially save lives.
Special thanks to Patti Dunham, MBA, MA, SPHR, SHRM-SCP for contributing to this edition of our HR Question of the Week!
In 2019, Strategic HR and MYCA Learning partnered together to support organizations in their search for essential training in accessible ways, resulting in the creation of our Active Shooter Preparation e-Learning Course. Geared toward preparing and protecting our communities should they face the unthinkable, this fifteen-minute course seeks to educate participants on how to be aware, how to assess their surroundings, and how to make a plan.
Preparing For a Potential Active Shooter Incident
Active shooter incidents are an unfortunate reality facing us all. Active shooter situations are unpredictable and can evolve quickly. It is important to provide your employees with the information needed to help prevent and prepare for the unthinkable.
How to Prepare – create an Emergency Action Plan:
- Clearly identify possible evacuation routes – have at least two.
- Maintain up-to-date emergency contact information for all employees to provide to local authorities.
- Practice your evacuation and response plan annually.
How to Respond – it is important that you act swiftly as an active shooter situation often evolves quickly:
- Run: Safely evacuate the area when possible to do so and call 911 when out of the line of fire. Help others evacuate when possible and stop anyone from entering the active shooter zone. It is important to keep your hands visible so that responders on the scene do not view you as a threat and follow all instructions given by the police responding.
- Hide: If you cannot evacuate safely, barricade yourself as best as possible and stay quiet. Lock the door or block an entrance with a heavy object. Remember to silence your phone, including vibration, and dim your screen if possible.
- Fight: Lastly, if you are unable to escape or hide, be prepared to fight and to act decisively. Improvise weapons from your surroundings and throw things at the shooter. For example, a fire extinguisher makes an excellent defense tool both in weight and to spray at the shooter. Work as a team to disable the shooter and remember that you are fighting for your life.
Call and Text 911 for Help – provide as many details as possible, including:
- Location of the shooter.
- Your current location.
- Context of the situation.
- Number of shooters.
- Describe the shooter as accurately as possible.
- Number and types of weapons.
- Number of people in the locations.
- Any actions taken.
How to Interact with Law Enforcement on Scene:
- Remain calm, follow instructions and keep your hands visible at all times.
- Put down anything in your hands; raise your hands and spread your fingers.
- Avoid pointing, screaming, or yelling.
- Do not stop an officer for help during evacuation.
- Do not share anything on social media.
Law enforcement will be on the scene to stop the active shooter as quickly as possible. Any injured victims will not be helped until the shooter has been neutralized and the area is safe.
For a more customized approach, visit our Active Shooter Training to learn more about how Strategic HR’s team can create a plan for your organization.
In 2019, Strategic HR and MYCA Learning partnered together to support organizations in their search for essential training in accessible ways, resulting in the creation of our Active Shooter Preparation e-Learning Course. Geared toward preparing and protecting our communities should they face the unthinkable, this fifteen-minute course seeks to educate participants on how to be aware, how to assess their surroundings, and how to make a plan.
Mental Health Concerns in the Workplace
In today’s chaotic environment, many American workers have been searching for ways to cope with the “new normal.” Between the pandemic, civil unrest, a divisive and contentious election, and frequent changes in their day to day life, it’s no surprise that mental health concerns in the workplace are on the rise. What impact can your employees’ mental health have on your organization?
In a recent study of 12,000 employees conducted by the Boston Consulting Group, individuals with better mental health were about two times more likely to maintain or improve their productivity when compared to those who were experiencing worse mental health during the pandemic. When surveyed about their mental health needs, TELUS International found that roughly 80% of workers would quit their current role if a new position provided more support for their mental health needs.
In this unique moment of increased remote work, additional challenges have presented themselves. In that same study, four out of every five workers indicated that they found it difficult to separate their work life and home life when working remotely due to the pandemic. Between the longer days and later hours resulting from a lack of structure when working from home, the mental strain led to an inability to maintain a positive work-life balance. This trend can be very difficult to sustain on a long-term basis, eventually impacting employee productivity and the quality of their work.
So how can HR and business leaders partner together in this remote/hybrid work environment? The same TELUS survey allowed employees to voice the changes they would most like to see implemented.
Encouraging the Use of PTO
Roughly 97% of those surveyed believed that taking vacation days is important to their mental health. In fact, over half of those surveyed have taken a “mental health day” since the pandemic began. Without the ability to travel or get away for vacation, employees may find themselves hesitant to take time off. Leaders should encourage the use of available PTO to disconnect, recharge, and relax – even if it’s within their own backyard.
Creating Flexible Scheduling (Without the Extra Hours)
Nearly nine out of every ten respondents agreed that a flexible work schedule would positively impact their mental health. This would allow employees to take mental breaks during the day, catering to children’s school schedules and family needs while reducing the guilt associated with “not being available.” When implemented correctly, this gives employees a feeling of control, reduces turnover, and boosts morale.
Provide Professional and Personal Interaction
Many employees would benefit from additional coaching or “reach outs” through the week from their managers or leaders. By connecting up and down the ladder and across departments, these unstructured check-ins can allow employees to fill the social gaps they lack from the isolation that naturally comes with remote work. In fact, many businesses have also implemented virtual “happy hours” to have their team gather for social interaction. Be sure to strike a careful balance here to avoid “Zoom Fatigue” by bombarding each other with video calls and check-ins.
Implement Telehealth Initiatives
There has been an increased demand for remote counselors or therapy sessions. In fact, the American Psychology Association has indicated that telehealth counseling can be just as effective as in-person counseling especially for younger generations that are used to using technology. It also allows for easier scheduling, lower costs, and a more private environment than the traditional face-to-face setting. Connecting employees to resources that provide this kind of remote support can allow individuals to work through their stress and develop coping mechanisms with trained professionals.
The COVID-19 pandemic has increased the ongoing conversation around mental health and highlighted the importance of taking care of ourselves, both in mind and in body. HR professionals and business leaders have an opportunity to make a positive impact on their lives and the health of their employees by building bridges for interaction, implementing mental health initiatives, and guiding employees to utilize the resources they have at hand. Strategic HR created this extensive compilation of mental health resources as an easy-to-use reference for employers to support the mental wellbeing of their employees. By encouraging frequent conversations, utilizing available resources without attaching stigma, and establishing positive practices surrounding mental health, businesses can see themselves and their employees through these uncertain times with success.
Special thanks to Mike Coltrane, Talent Acquisition Consultant, for contributing to the Emerging Issues in HR!
Your employees face challenges every day. We can help you to ensure that your company policies and benefits best support your employees’ overall well-being. Visit our Benefits and Compensation page or our Health, Safety, & Security page to learn more. Or, better yet, contact us.
What Should Ohio Employers Know About Marijuana in the Workplace?
Question:
As an Ohio employer, can you help me understand how marijuana legalization fits into our employment policies?
Answer:
You are not alone in trying to navigate the everchanging state of marijuana legalization. A growing number of states have either passed laws, or are considering legislation, to ease restrictions on employees’ use of marijuana for medicinal or recreational reasons. So, employers that need or want to continue testing or disciplining for marijuana use must know the applicable state and federal laws, including the court decisions that interpret those rules.
Medical marijuana was legalized in Ohio in September 2016, and retail sales began on January 16, 2019, when the first four licensed dispensaries opened for business. As of February 1, 2020, OHDispensaries.com reports 48 of the 57 licensed dispensaries are operating. So, it is important that you know your rights as an Ohio employer regarding medical marijuana.
Below, we will walk you through some commonly held perceptions and workplace scenarios to help your Ohio-based company evaluate how marijuana legalization impacts your employment policies.
True or False: Medical marijuana users have job protections in Ohio due to state disability discrimination laws.
Answer: False. Presently, there is nothing in Ohio’s medical marijuana law that prohibits or limits an employer’s right to drug test employees for marijuana, require a drug free workplace, or impose discipline or discharge an employee violating an employer’s policies The law protects the employer’s right to fire or discipline any employee found to be using medical marijuana. The statute also states that it will not interfere “with any federal restrictions on employment” related to the use of medical marijuana in the workplace. All marijuana use, whether for medical or recreational use, is still illegal under federal law. It is listed as a Schedule I drug under the Controlled Substances Act, which means that it is deemed to have no medical value and a high potential for abuse.
True or False: If an employee has a medical condition that requires the use of medical marijuana, I must accommodate the employee.
Answer: False. In outlining employers’ rights, Ohio’s Revised Code 3796.28 states that an employee has no specific protections. Under the law, you do not have to accommodate an employee’s need to use the substance. An employer has the right to not hire an employee based on medical marijuana use, possession, or distribution. The law does not allow a cause of action against an employer if an employee believes he or she was discriminated against due to medical marijuana use. An employer is allowed to have a zero-tolerance drug free policy in place, with or without special accommodations for those who use medical marijuana.
True or False: My company has its headquarters in Ohio but has locations in other states. Even if the laws in those states provide workplace protections for medical marijuana users, our employees in those states who use medical marijuana may be disciplined, fired, or not hired.
Answer: False. Thirty-three states and Washington, D.C., have legalized medical marijuana use, and 10 states have approved both medical and recreational use. Registered medicinal users—or “cardholders”—in some states other than Ohio may have job protections. For example, beginning in 2020, employers in Nevada and New York City cannot consider positive pre-employment marijuana screens. However, some exceptions apply, particularly for safety-sensitive positions. Consider research published last year by the National Institute on Drug Abuse where they found that employees who tested positive for cannabis had: 55 percent more industrial incidents, 85 percent more injuries and 75 percent greater absenteeism compared to those who tested negative.
State statutes with nondiscrimination provisions for medicinal use typically exclude jobs that require drug testing under federal law. For example, certain commercial motor vehicle operators would be excluded from job protections because the Department of Transportation requires them to pass drug and alcohol screens.
While Ohio law provides employers with employment rights on the topic of medical marijuana use, HR professionals must remain vigilant to ensure that your company does not act irresponsibly or apply policies in a discriminatory manner. Make sure that your drug-testing practices and drug-free workplace policy fall within the parameters of the laws in the states in which your company operates. You may find it helpful to consult your legal counsel to ensure that you understand and comply with the federal, state and local laws that may apply to your organization.
Strategic HR knows that keeping abreast of workplace compliance issues and deadlines can be daunting, especially when the laws keep changing. We can help you by offering resources to help you identify and mitigate compliance issues and by making sure you are informed of changes and reacting in a timely manner. Our HR Audit will help your organization identify trouble spots in your HR function. Visit our HR Audit page to learn more about this helpful service.
Does My Company Need an AED?
Question:
AED’s have been mentioned in safety demos and tutorials that I have attended. Does my company need one of these devices? If so, what type of training is needed in order to use it?
Answer:
The safety and well-being of your employees and anyone who visits your place of employment should be top of mind for all organizations. There are many tools and resources that can help with your organization’s first-aid and emergency preparedness, including an AED.
What is an AED?
An AED is an Automated External Defibrillator, which is a portable device that measures the heart’s activity and can deliver an electric shock in order to correct the rhythm of the heart. It can also restore a heartbeat if the heart suddenly stops. An AED is meant to be placed in high traffic locations, and it is designed to be extremely simple for users to operate in times of an emergency.
According to the American Heart Association, there are roughly 350,000 cardiac arrests outside of a hospital setting each year. Cardiac arrest is when a person’s heart stops beating, and blood will stop flowing to the brain, lungs, and other important parts of the body. The person will typically lose consciousness very quickly, and they will die if normal heart function is not restored. Time is crucial in these instances since permanent tissue damage can occur within three to five minutes of loss of blood flow. For every minute the body goes without oxygen, the chances of death increase by 10%. Over 90% of patients that receive a shock from an AED within the first minute of arrest survive.
A study recently published by JAMA Surgery showed that the average response time for emergency medical personnel was roughly seven minutes. This time could increase up to 14 minutes for rural areas. This study drives home the fact that the general public can play a critical role in saving lives if they are trained on the basic skills and tools to help those in their community until medical professionals can arrive. Having an AED in your workplace can play an important role in your company’s emergency preparedness and saving lives.
Where can I find an AED?
There are multiple resources that can help a company pick out the best plan for their AED purchase, placement, maintenance, and training. Make sure to ask the manufacturer or seller about the intended use, storage options, maintenance and training requirements for any AED being considered for purchase. Contact multiple reputable vendors to find the best option for your company.
What type of training does my team need for an AED?
AEDs are designed to be as simple and user-friendly as possible. They often have voice and visual aides to help in their function. Although emergency training is not required in many states, it is encouraged. AED storage and display is also an important factor to consider. According to the American Heart Association, over half of employees do not know where they can find an AED in their workplace. Create an awareness plan to ensure employees know where to find the AED in the case of an emergency. It is commonly recommended to place the AED near the entrance of your building so employees, as well as non-employees, see the device when they enter the building. It is a best practice to have the device marked with a brightly colored “AED” sign.
There are multiple national nonprofit organizations, including the Red Cross and the American Heart Association, that provide online and onsite training to prepare your employees for how to use AED devices. Many local first responder organizations, like fire departments and police departments, can help provide training as well. Be sure to reach out and find the best fit for your organization. Also consider factors such as the size of the company, the costs of the training, the timing of training, and how to create an ongoing training program to keep people up to date in the future.
Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from analyzing your safety programs to making sure you are OSHA compliant to proactively ensuring employee wellness. Please visit our Health, Safety & Security page for more information on any of these services.
Impact of Inclement Weather on Employees
Question:
With the cold months and potential for bad weather, I’m concerned about the possibility of weather impeding our employees’ ability to get to work. What workplace practices and policies do we need to consider?
Answer:
Great Question, and kudos to you for proactively thinking about potential challenges for your employees and the business. As we move into these colder months with inclement weather, there are a few things that you should consider ahead of time that will help you, your employees, and organization.
By discussing the issue with your management, you can determine what their expectations are for employees should inclement weather impact the employees’ abilities to get to work. You’ll want to talk with your management about:
- How do they want to handle employees coming to work when the weather may be bad? Are you encouraging employees to be present or is it acceptable to work from home?
- What will they use to determine if the office would be closed? Consider the level of the weather emergency declared for the county you are located in as well as surrounding counties and how that impacts your decision to close the office.
- How will they notify employees whether the office is closed or start of day is delayed?
- Will they allow employees to work remotely on “snow days” and do you have the appropriate processes / connections in place to assure they are productive?
Additionally, you’ll want to be prepared to discuss some key issues with your management, specifically how pay is impacted. Things to consider include:
- For non-exempt employees, the company is not required to pay the employees. Companies have the choice of:
- Paying them for the day, even if they don’t work.
- Not paying them – as long as they conduct no work. This includes quick emails or texts to the non-exempt employee for a “quick question”. If you are asking them a “quick question”, you must pay them for the time worked.
- Paying them Paid Time Off / Vacation – either requiring them to take it or allowing them to choose PTO or not be paid for the day.
- For exempt employees, if the company closes, the employee must be paid their regular salary. You may require them to use accrued Paid Time Off / Vacation during a closure, IF you have a policy in place and/or that has been past practice. If the exempt employee does not have enough accrued time to cover the closure, you are still required to pay them and allow them to go “negative” with their balance.
Keep in mind that PTO is generally voluntarily chosen by the employee, and then is approved or denied by the employer based on business needs. The employer can make it mandatory for employees to use PTO for hours not worked due to missing work due to weather. Again, PTO policies should be stated in a company handbook to avoid any misunderstandings around when employees can use PTO.
Finally, following this discussion with management, we recommend that you formally document the plan into an Inclement Weather Policy and add it to your employee handbook, or at a minimum, notify your employees of your expectations.
If you need assistance in creating a severe weather policy for your workplace, Strategic HR can help you. Contact Us to learn more about how we can help you with this policy or any other policies for your employee handbook.
Do Injury Prevention Programs Really Work?
Question
We’ve experienced an increase in work-related injuries this year. Do injury prevention programs really work?
Answer:
The answer is a resounding YES! Quality onsite injury prevention programs accomplish over a 50% reduction in musculoskeletal recordable injuries and the associated cost along with a 30% reduction in non-work-related musculoskeletal issues.
This is a key point as you begin to look at the various injury prevention programs because many employers do not realize the level of impact preventative measures could have on their business. Injury prevention programs return a significant ROI in many different industries and with employers of all sizes. The value of an injury prevention program extends way beyond the dollars and cents impacting the lives of your employees and changing the culture of your organization.
There are some actionable steps that can be taken to identify if your organization may be a good environment for an injury prevention program, but it starts with a commitment at the leadership level. Start by investigating the questions below and consider your responses:
- Evaluate OSHA logs and look at the frequency of your musculoskeletal injuries or sprains and strains. What is the % of your recordable injuries that fall into these categories (Contusions, sprain/strain, slip, trip or fall)?
- Look with an outsider’s eye at the culture of your organization and try to be objective. Is there a focus on early reporting without consequences? Are there other programs in place such as ergonomics teams, safety teams or cross functional groups that look at injury prevention opportunities?
- Do you have a significant number of employees out for non-work related musculoskeletal issues? Does this create strain on your workforce in any way?
- Do you have a high amount of injuries with newly hired employees?
- Evaluate your operations for work that is physical and or repetitive. Do you have one or both?
If you answered yes to these questions above or if you feel like you would like to change any of your answers, an Onsite Injury Prevention program may be perfect for you. Injury prevention programs are best operated through third party companies whose interest totally aligns with one of preventing employees from becoming patients. Furthermore, a quality injury prevention program should focus on the leading versus lagging indicators to an injury. The best programs focus on ergonomics, human movement patterns and early intervention for minor soreness’s in the space where work is occurring or “on the floor”.
A properly infused program can be magical for organizations and can have a significant impact on bottom lines, injury rates as well as employee morale and retention. Don’t let preconceived notions about programs not working or being too expensive stop you!
A special thanks to Tom Ernst, PT, MPT, OCS, COMT with Oxford Physical Therapy, a client of Strategic HR, for responding to this question for us. If you are evaluating your business for an onsite injury prevention program, we’d encourage you to reach out to Tom to learn more about Oxford at Work. Tom can be reached at tom.ernst@oxfordatwork.com or 859-240-4761. Oxford at Work’s goal is “Keeping your employees from becoming patients.” To learn more, check out this video (password: 50%reduction).
Strategic HR is an outsourced HR management firm that works with many businesses of all sizes and industries. We all have similar needs across the HR spectrum and in general in running our businesses. Please keep Strategic HR in mind as a strategic partner for your business. We are just an email (info@strategicHRinc.com) or phone call away (513-697-9855).
Emergency Response Plans: Preparing for Emergencies & Natural Disasters
HR Question:
Do we need an emergency response plan?
HR Answer:
Would your team members know how to react if there was a tornado? What about a fire or an active shooter? These questions matter because emergency response plans are becoming more critical than ever. Emergency response plans should include the actions that need to be taken, should certain situations occur as well as what to do following the emergency or disaster.
Often, companies may talk about this in terms of a business continuity plan, or having an enterprise resource management plan. Whatever it’s called, it’s important to have so that there are guidelines for how to best respond. “It’s just a way of thinking about what happens after the firetrucks leave, after the tornado rolls through, or after that emergency happens: What are workers going to do?” says Karen Hamel, CSP, WACH, a regulatory compliance specialist and technical writer at New Pig Corp. (New Pig Corp specializes in workplace safety and spill containment products.)
“Part of that is, of course, being prepared for the emergency itself. It’s important to make sure that you have Emergency Response Plans for what the insurance doesn’t cover, too,” she says.
Hamel shares 4 planning tips that can assist leaders with emergency planning and prevention:
Tips for preparing Emergency Response Plans
#1: Predict What Kind of Emergencies Could Happen
Whether it be a natural disaster or a business attack, take the time consider what kind of risks your company has, even if they’ve never happened before. It’s not acceptable to say, “We never thought that would happen.”
“It can be looking at what happened in your facility or looking at the nature of your facility,” explains Hamel. “If you’re a chemical facility and you deal with a lot of hazardous chemicals, how can they affect your employees? How can they impact the environment? If you’re dealing with a lot of flammable products, if you had an explosion, what would the result of that be?
“Look at both natural hazards as well as the manmade ones to determine what might happen at your facility so that you can properly plan and have the equipment, the people, the training that you need to deal with whatever your particular emergencies are.”
Action steps: “The Federal Emergency Management Agency (FEMA), the American Red Cross and other organizations offer free information that can help you become aware of disasters and emergencies you may face. They also offer templates to help facilities begin planning,” says Hamel.
#2: Prepare Your People
After you’ve considered what could happen, start preparing employees. Procedures and drills are important to ensure everyone knows what to do at the time. But also make sure you have the resources that you’ll need after.
“If you have a call center, for example, it could be establishing a different call center. Or, it could be establishing a way for some of your employees to work from home so that you still have the capability of taking customers’ calls, and being ready for those sorts of emergencies if they do happen,” says Hamel.
Action steps: Planning also needs to include your communicate plan. How will you communicate with employees, families, outside responders, mutual aid groups, stockholders, vendors, customers and the media? “Maintaining organizational charts with contact information can seem like a never-ending task, but it is a critical element of emergency planning.”
#3: Focus on Protecting Lives
Life safety is a key principle of every emergency response, and the logistics you have in place need to be able to align with your plan to protect your people (and property). “Make sure that when there is that crisis or emergency, that people and property are taken care of.”
The list is long, but that can include:
- Making sure there is shelter place for employees for certain disasters
- Knowledge and plans of response duties
- Evacuation plans
- Steps to make sure people are accounted for after an emergency
- Back-up power systems
Action steps: Just like standard operating procedures you have, detail the steps to be taken to perform work tasks safely. These emergency response plans need to outline and make visible what procedures the company expects employees to follow when anything out of the ordinary happens.
#4: Be Sure You Practice
“Practice” comes down to training and making sure that people have the tools that they need to do their jobs. And, make sure that they know how to use the tools.
Making sure workers have the confidence and the ability to use whatever tools, resources, supplies are on-site is going to make things go smoother in case of an emergency.
“This is about just making sure that people know what’s expected of them. It can help avoid a lot of chaos, and it can help keep everybody be a lot safer when a response is needed.”
Action steps: Don’t neglect training or drills and do you best to make sure workers have the right attitude about practicing. “Training and drills do take time, but they give everyone the chance to get things right before they are in a critical situation. They also can identify plan shortcomings so that they can be corrected before an emergency. Allow time after drills for everyone to comment on what worked, as well as areas where people may need further training,” says Hamel.
A special thanks to iReportSource for sharing their insights on safety in the workplace and the importance of having Emergency Response Plans. For more information on iReportSource call 513-442-8595. iReportSource allows you to avoid complacency and manage risk, all while helping you to reinforce behavior-based safety practices.
It’s not negative thinking to plan for a devastating event that could harm employees or impact your company’s ability to function – in fact it’s a good business practice. Bad things happen, but it’s how we prepare for and recover from a disastrous event that often leads to success or failure. Strategic HR has a variety of resources to help you prepare for such emergencies. Visit our Health, Safety & Security page to learn more about how we can help you with your Emergency Response Plans OR pick up our Emergency Preparedness Toolkit and do-it-yourself.
Active Shooter Training: Surviving the Unthinkable
By David Powell with Strategic HR
Unfortunately, there have been an increased number of active shooter incidents across the country. With the increase in number, it becomes even more critical to ensure we help prepare our employees should the unthinkable happen. However, many employers are unsure where to begin to help prepare their employees for a potential active shooter event.
We’ve all experienced firsthand the tornado and fire drills to help prepare us should one of these events occur. Active Shooter Training is no different. It is important for employees to understand the company plan and options to prevent mass panic if an active shooter incident did occur.
One of the first things an organization needs to do is to determine the threat level to their place of business. Are there clear threats that could be identified? Is your place of business at higher risk such as late-night retailers, liquor stores, and even banks? Is there a former employee, disgruntled customer, or is there an employee that has problems with a husband, wife or former boyfriend that could threaten your organization? Sadly, there does not seem to be a clear answer to this question. Many businesses that have been the victims of this type of attack really have very little in common. There have been attacks at movie theaters, airports, labor offices, and trading companies just to name a few. The key to increasing your odds of surviving an active shooter event is to have a plan.
An Active Shooter Plan needs to be simple and easy to remember and understand. You need to ensure all your employees know the plan, and most importantly you need to rehearse the plan. Some of the things to consider when developing your plan:
- How will you notify your employees that an event is happening including employees at the location and employees that may be off site?
- Do your employees know where all the exits in your facility are?
- Do you have an accurate list of your employees and how you will account for them?
- Who will contact the local authorities?
Remember that rehearsing the plan is just as important as the development of the plan. The first few times you rehearse you may identify shortfalls that you may want to add to the plan, and that’s okay. The more you run through the rehearsals, the quicker it will become and the more comfortable your employees will become with it.
Your Active Shooter Plan should also include some basic strategies that your employees may more easily remember in the moment. For example:
Awareness: When was the last time you were walking along looking at your phone and not paying any attention to what was going on around you? It is important to take steps to become more aware of your surroundings to be able to recognize if anything isn’t “normal”. And also, like on an airplane, you need to be aware of your exits should an incident occur.
Run: If you would ever find yourself in an active shooter situation, look at your options and assess if running may work. If running is an option, go – go as fast as you can. Don’t worry about taking personal items with you. And, if you can, urge others to join you as running is your best chance to survive. You may even have individuals that will freeze in the situation and you’ll need to pull them along. Get out and get safe!
Hide: Unfortunately, running may not always be an option for you. If you find yourself in this situation, look for a place to hide that is out of sight and could even block gunfire. If possible lock or barricade the door. Remember to silence your cell phone.
Fight: Even if you hide, you may find you have to fight back. Look around for any type of object – blunt, sharp or even something to throw at the shooter to distract them. If you are with a group of people, work together to overpower the shooter.
In all four of these situations, call 911 if you are safely out of the building or hidden. You may have to make the call on a cell phone. Remember, 911 may not know where you are on a cell. So, be ready to provide details and any details you know about the current shooting incident.
The reality of gun violence is that it is not new. However, there is not necessarily legislation requiring employers to take action. In the event of an active shooter, the Occupational Safety and Health Administration (OSHA) will come in to evaluate what happened and how it may have been prevented. OSHA has the ability to penalize employers if reasonable steps to maintain a safe workplace were not in place. What the agency considers “reasonable” is subjective and will depend on the specifics of each case. But, no matter how much an employer tries to keep their employees safe, they cannot prevent every possible event. A “No Weapons Allowed” policy in the company handbook or a “No Guns Allowed” sticker on the front door are good steps but are not going to protect employees, when an active shooter event occurs, which could be at any time.
It is important for the company to recognize that the threat is real, and they need to do as much as they can to protect their employees. It is important for the company leadership to support the development and training of a realistic Active Shooter Plan that meets their company’s specific needs and prepares their employees for surviving the unthinkable.
Have questions about this article or need help developing your Active Shooter Plan and Training, contact Strategic HR at info@strategicHRinc.com or 513-697-9855. Strategic HR is fortunate to have two well trained experts on staff to help customize your plan and training.
The Opioid Epidemic and Its Cost on Society and the Economy
Submitted by Signet Screening
How Prescription Painkillers Led to the Opioid Epidemic
The dependence on prescription painkillers and synthetic opioids has exploded into a full-blown epidemic in America. The problem is a 50-state issue that public health officials are calling the worst drug crisis in the American history.
The epidemic’s roots are in chronic pain and what is being looked at as questionable pain management practices. An estimated 25 million adults suffer from daily pain, and another 23 million struggles with severe, recurring pain. The consequences are costly:
- Disability
- Decreased work productivity
- Lower quality of life
- Poor health overall1
Opioids aren’t without a purpose: They’re an effective way to manage pain when prescribed by a physician and taken as indicated. However, the entire class of drugs is highly addictive. When a prescription runs out or is too expensive to maintain, some people may turn to using cheaper street opioids.
The most commonly used opioids are:
- Heroin
- Hydrocodone
- Morphine
- Codeine
In 2014, the U.S. Department of Health and Human Services (HHS) made the epidemic declaration. That year, more people died from drug overdoses than any other year on record with more than six out of ten deaths involving opioids.
Opioids: From the 1970s to now
The history of the crisis is interesting to review and provides perspective on how the situation has gotten to this point.
Throughout the 1970s doctors and nurses were trained to provide minimal opioids for pain, unless death appeared imminent. In the ’80s, a group of prominent pain management specialists began promoting the idea that restraints on prescribing opioids were unnecessary and even cruel.
Kathleen Foley of New York City’s Memorial-Sloan-Kettering Cancer Center wrote two highly influential articles reporting on the low incidence of addictive behavior in small cancer and noncancer patient groups. These articles, and other efforts, started a 20-year campaign for the long-term use of opioids for the treatment of pain in noncancer patients.
Many pain management specialists challenged the idea that chronic opioid therapy was safe, pointing out the risks of addiction, overdose and other side effects. As pain specialists debated these issues, several factors brought opioids to mainstream usage:
- The aggressive marketing of Oxycontin as safe for chronic pain
- The trafficking of cheap, pure heroin in smaller U.S. cities
Purdue Pharma marketed Oxycontin as nonaddictive and safe since it was released within the body over a 12-hour period. However, recreational users learned to use Oxycontin to achieve highs by crushing or dissolving the pills or by taking large doses. Both pill mill operators (unethical doctors who prescribe hundreds of pills without medical justification) and well-intentioned general practitioners wrote a high number of prescriptions for this drug.
The ample supply of Oxycontin made it an attractive option at first, particularly for low-income Medicaid and Medicare patients. But then, addiction and the recurring expense prompted users to find a lower-cost alternative. They began using black-tar heroin (a less expensive form of heroin that’s either sticky like tar or hard like coal), and sellers were readily available to fill the need. Heroin traffickers encouraged use in the West, Midwest and Appalachia by:
- Meeting buyers in safe locations2
- Offering inexpensive product2
- Giving free samples to encourage customer loyalty2
Instead of paying $40 for a pill, Oxycontin users could pay $10 for the same effect. Oxycontin users – including many middle-class teens and young adults – began to see heroin less as a taboo and more of a practical alternative.3
Call-out statistics to use throughout History section
- Overdoses involving prescription opioids and heroin increased 200% between 2000 and 20141
- Drug overdose deaths increased 137% between 2000 and 20141
The Social and Economic Impact
As the number of opioid prescriptions grew from 76 million to 219 million between 1991 and 2011, the impact on families, communities and business became devastating. Many experts who initially called for the liberal use of opioids to treat chronic pain began reversing their support due to the alarming reports of abuse and addiction.
The daily statistics are bleak – here’s what happens on an average day in America:
- More than 650,000 opioid prescriptions are dispensed4
- 78 individuals die from an opioid overdose (prescription and heroin)5
- 580 begin using heroin6
- 3,900 begin nonmedical use of prescription opioids6
While the number of deaths is highest in major cities, such as Chicago and Baltimore, the greatest overall impact is in Appalachia, New England and the Midwest.
The Epidemic in Ohio
Ohio has been one of the most hard-hit states. The epidemic has strained the resources of law enforcement and the criminal justice and healthcare systems. Ohio’s publicly-funded addiction treatment services are also stretched thin.
The number of drug overdose deaths increased in Ohio by more than 440 percent from 1999 to 2012.7 The Centers for Disease Control (CDC) estimated that unintentional drug overdose deaths cost the state $5.7 million in medical costs and $2 billion in work loss costs in 2012.8
Legislative Efforts
Individual states have tried to crack down on prescription opioid abuse through legislative efforts, setting in-office physician dispensing limits, licensing pain management clinics (pill mills), and establishing patient safety and education programs.
Forty-seven states, including Ohio, Indiana and Kentucky, have established Naloxone Distribution Programs. Naloxone is a drug that reverses heroin’s effects on the brain and jump-starts breathing for overdose victims. The Food and Drug Administration (FDA) approved its use in 1971, and doctors and paramedics routinely have used the drug since then. The distribution programs also provide overdose training and take-home naloxone doses to people considered high risks.
How Is The Opioid Epidemic Affecting Companies?
This epidemic is having negative effects on businesses, as well as within families and communities. Businesses need to take steps to protect their reputation and profitability. Employees with addictions function at about 75 percent productivity, so the direct cost to companies is 25 percent of salaries on that factor alone.
What Can Business Leaders Do?
The first step for business leadership is to review or institute a drug-free workplace program with policies and procedures in place for all employees. A drug-free workplace helps prevent the hiring of illegal substance abuses and helps deter current employees from substance abuse. Business leadership can visit the Institute for a Drug-Free Workplace for more information on establishing a drug- and alcohol-abuse policy.
Companies can also educate and train managers on looking for the signs of addictions and knowing what steps to take if an issue is identified. Signs of potential abuse include:
- Bloodshot eyes and dilated pupils
- Sudden weight loss
- Appearance deterioration
- Mood swings, including displays of aggression and irritability
- Withdrawal from co-workers
- Slurred speech
Companies should also understand the available screening methods for opioids and the capabilities of each method. Many factors – metabolism rate, age, liver and kidney health, and body weight – affect how long opioids can be detected. In general, however, saliva, urine and hair follicle tests can discover the most common opioids after last usage:
| Drug | Saliva Test | Urine Test (most common in employment testing) |
Hair Follicle Test |
| Heroin | 5 hours | 2 to 7 days | Up to 90 days |
| Hydrocodone | 12 to 36 hours | 2 to 4 days | Up to 90 days |
| Morphine | Up to 4 days | Up to 3 days | Up to 90 days |
| Codeine | 1 to 4 days | 1 to 4 days | Up to 90 days |
For current employees, companies are encouraged to support rehabilitation programs for improved recovery rates. Insurance often covers 30-day inpatient programs although much longer treatment periods are needed typically.
Conclusion
The opioid epidemic is taking a toll across America on individuals, families, businesses and communities. Despite efforts, recent data show that the United States is still in the throes of the opioid epidemic. Naloxone programs are preventing a small percentage of overdose deaths, but the rising use of fentanyl – a synthetic opioid painkiller that’s 50 to 100 times more powerful than morphine – is contributing to the situation worsening.
In 2016, fatal overdoses increased 26% in Connecticut, 35% in Delaware and 39% in Maine9. After fatal overdoses soared 62% in the first nine months in 2016, Maryland’s Governor Larry Hogan declared a state of emergency.9
The fight against opioid abuse and its effects will continue for many years. The combined efforts of individuals, community organizations, government legislation and programs, and employers will help the country reverse the abuse of prescription and street opioids.
- Meldrum, ML. The ongoing opioid prescription epidemic: historical context.American Journal of Public Health, 2016:106(8), 1365.
- Quinones, S. Dreamland: The true tale of America’s opiate epidemic.New York, NY: Bloomsbury Press; 2015.
- Mars, SG, Bourgois, P, Karandinos, G, Montero, F, & Ciccarone, D. “Every ‘never’ I ever said came true”: transitions from opioid pills to heroin injecting.International Journal of Drug Policy, 2014;25(2), 257-266.
- IMS Health National Prescription Audit
- CDC National Vital Statistics System
- SAMHSA National Survey on Drug Use and Health
- Ohio Department of Health Office of Vital Statistics
- CDC WISQARS Cost of Injury Reports, based on 2012 Ohio overdose incidents
- Daily chart: America’s opioid epidemic is worsening. http://www.economist.com/blogs/graphicdetail/2017/03/daily-chart-3. March 6, 2017
Thank you to Signet Screening for sharing this article. Their services include federal, state and local criminal checks, education and employment verifications, drug screens, motor vehicle, and social media searches. For more information contact Signet Screening or call 513-330-6695.
Note: This material is not intended as legal advice and is for general informational purposes only. Those seeking legal advice should consult directly with legal counsel regarding their specific facts and circumstances.
What Does It Mean To Be a Partially Exempt Industry Under OSHA?
Question:
According to our company’s NAICS code it says we’re a Partially Exempt Industry. Do we have to complete the OSHA Form 300A each year?
Answer:
If your North American Industry Classification System (NAICS) code classifies you as a Partially Exempt Industry, it is not necessary to complete OSHA injury and illness records (including the OSHA Form 300A). Unless you are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS.
SHRM’s article “Am I Exempt from OSHA’s Recordkeeping Requirements” notes that there are two exceptions to OSHA’s recordkeeping requirements.
- First, businesses with 10 or fewer employees must keep these records only if the agency specifically requires them to do so. Businesses with 10 or fewer employees throughout the previous calendar year do not need to complete recordkeeping forms. Keep in mind that if there are more than 10 employees at any time during that calendar year, the employer may come under the requirement. When counting employees, business owners must include full-time, part-time, temporary and seasonal workers.
- The second exemption is for establishments classified in certain industries. For example, restaurants, banks, and medical offices do not have to complete the forms. For a complete list see the OSHA List of Partially Exempt Industries.
Please note that all employers, including those partially exempt by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye. Make reports to the local OSHA office or to 1-800-321-OSHA within eight hours of when managers become aware of the incident.
Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from analyzing your safety programs to making sure you are OSHA compliant to proactively ensuring employee wellness. Please visit our Health, Safety and Security page for more information on any of these services.
House Bill 523: The New Law that Legalizes Medical Marijuana
Question:
As an Ohio company, I am confused about what changes, if any, I need to make as a result of the implementation of House Bill 523, the new law that legalizes medical marijuana on September 6, 2016. Does this mean my drug free workplace policies are no longer valid?
Answer:
No, this does not mean your drug free workplace policies are no longer valid.
Employers are still free to have drug free workplace policies and now is the time to look at your policy and make sure it can withstand the change. Some legal counsels are recommending that policies be updated to state specifically that medical marijuana is prohibited under the policy. If you make the change, be sure to distribute and explain the policy and have employees sign off on the acknowledgement.
With such a policy in place, employers may still have the right to discharge employees who fail a drug screen, even if it was due to the use of medical marijuana. The discharge would be considered ‘just cause’ making them ineligible for unemployment. In addition, an employee may not be eligible for workers’ compensation for their injury if their injury was the result of being under the influence of marijuana.
Be sure to make sure your policy is up to date and all employees are treated equally under the policy. (For the nitty gritty details, click here)
Do you struggle with doing what is right for your company and right for your employees when it comes to creating a Drug Free Workplace? Sometimes the “right” solution isn’t always easily identified. Strategic HR understands your dilemma of being between a rock and a hard place. We can provide you with best practices, policies and training when it comes to creating a Drug Free Workplace or any needs concerning the Health, Safety and Security of your workforce. Please visit our Health, Safety & Security or Training page for more information on any of these services.
What is a powered industrial truck according to OSHA? Do you need proper training?
Question:
Our Warehouse Manager just got a new piece of equipment that I would describe as a type of pallet-jack. When I questioned him about training on the equipment, he said that because an employee does not sit on the piece of equipment to operate it, so there was no required training under OSHA. Is that true? What is the definition of a powered industrial truck according to OSHA?
Answer:
Actually, the Warehouse Manager is incorrect. When most people think of required OSHA standards for that type of equipment, they think of lift trucks. OSHA’s standard for “Powered Industrial Trucks” , however, is much broader than that. OSHA defines a powered industrial truck as “Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials. Powered industrial trucks can be ridden or controlled by a walking operator.” The standard does designate and say that earth moving and over the road haulage trucks are not included in the definition. Equipment that was designed to move earth but has been modified to accept forks are also not included. Your Warehouse Manager better get his policy in order and start training under the standard.
See OSHA’s Q&A on the standard here: https://www.osha.gov/training/library/materials
Accidents happen! But they’re called accidents because they weren’t anticipated. Once the accident does occur it’s up to employers to make sure accidents don’t repeat themselves. Strategic HR has the tools and knowledge needed to help you break the cycle of accidents in the workplace. We offer expertise in everything from safety audits to writing safety manuals and procedures.
For more information on how we can keep your employees safe please visit our Health, Safety & Security page.
OSHA 300-A Log
Question:
I know I am supposed to take my OSHA 300-A log down on April 30. How long do I have to keep it after I take it down?
Answer:
You are correct! The log can come down on April 30, but according to OSHA Standard – 29 CFR -1904.33(a), employers must save their OSHA 300 Log, the Form 300-A (annual summary), and the Form 301 Incident Report forms for 5 (five) years. The stored OSHA 300 Logs must be updated by the employer to include any newly discovered recordable injuries or illnesses…even after the log had been posted.
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? A safe environment plays a key role in keeping a company Healthy, Safe and Secure. Strategic HR has the expertise you need to ensure your policies and practices are keeping your workers, and customers, safe. Visit our Health, Safety and Security page to learn more about how we can assist you or contact us now at info@strategicHRinc.com.
Rating Employees On Safety
Question:
How do we rate employees on safety?
Answer:
Rating employees on safety starts by having an organization whose norms, beliefs, attitudes,and practices are concerned with minimizing exposure of employees to workplace hazards.Having an effective Safety Incentive Programs can definitely help and, although all are not alike,it is important to consider some of these basic elements:
- Identify the objective – Determine why you want to establish the program. It could be to decrease workers’ compensation premiums by reducing the number of worker injuries, or your goal may simply be to reinforce general safety principles.
- Select participants – Decide which employees need to participate in the program to achieve the long-term goal.
- Establish a theme – Having a focus reminds participants of the goal you want your employees to achieve.
- Select appropriate prizes with increasing value – Prizes don’t have to be expensive, but they should have meaning. Prizes that reinforce the contest theme can be very effective; for example, safety glasses, work shoes, hard hats, etc. Give prizes based upon the company’s safety record (i.e., 1,000 accident free days, 50,000 hours worked without lost-time accident, etc.).
- Determine the program’s length – It should be intermittent and last for a specified period of time. If carrying out a program idea will require a prolonged period, you might consider having several short contests. This will maintain employee interest and allow managers to stress various safety issues.
- Communicate the goal – It is important that the program is fun and relevant to the work experience of all participating employees. Also, make recognition for working safely more significant than the value of the prize.
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? A safe environment plays a key role in keeping a company Healthy, Safe and Secure. Strategic HR has the expertise you need to ensure your policies and practices are keeping your workers, and customers, safe. Visit our Health, Safety and Security Page to learn more about how we can assist you.
Who’s Using Your EAP
Question:
We just implemented an Employee Assistance Program. What do I need to know about EAP use in order to better share this new resource with employees?
Answer:
Although depression is a primary reason employees call their Employee Assistance Program (EAP), many other services are available. In addition to personal and family counseling, most programs cover substance abuse, grief support, child care, elder care, financial education and legal assistance.
ComPsych, a leading provider in Employee Assistance Programs, recently analyzed data from the millions of calls they handle each year. The published results were quite interesting.
The top four types of EAP calls were:
- Psychological (mental and emotional) 41.7%
- Partner/relationships 19.9%
- Family/child (behavioral issues) 14.3%
- Stress/anxiety 10.5%
Though women callers still outnumber men (61 versus 39 percent), the percentage of men accessing EAP and work-life services has gradually but steadily risen over the past decade. Though fewer men call assistance lines, more men called for help with relationship issues than women (22 versus 18 percent). Furthermore, men were almost five times as likely to call about alcohol and chemical dependency issues.
Why are these statistics important? Because most employees won’t even think to use your EAP until they are in the middle of a crisis. By understanding your audience and their concerns, you can tailor your communications to meet their particular needs. Ask your provider for data on the EAP services most used by your employees. Then create a targeted, year-round communications plan to help employees understand the types of support they can receive and how to take action when they are ready.
How can you promote your EAP?
- Display posters promoting the most-used services, focusing on one issue at a time. If possible, ask your provider to use images of people who reflect your audience. For example, are they blue-collar workers? What’s their age range and ethnicity? Always highlight the phone number and website so employees know where to go for help. And be sure to change the posters frequently, since different services are needed at different times.
- Dedicate a portion of your benefits website to your EAP. List all the services available (putting the most-used at the top of the list) and provide simple instructions on how to get help. Emphasize that all services are provided by a third party who protects their privacy and never shares personal information with the company.
- Promote your benefits website through a direct link on the home page of your intranet.
- Cross-promote EAP services by featuring a variety of stories in your company newsletter, enrollment materials or postcards. Remember, spouses and other family members may not realize assistance is available, so include EAP information in materials sent to homes.
- If a location suffers a natural disaster, such as a hurricane or tornado, actively promote your EAP services. If possible, have representatives from your provider available on site to assist employees and their families through the aftermath.
Statistics show both men and women are taking advantage of a variety of valuable EAP services. By understanding who’s using your EAP and why, you can create a targeted, year-round communications plan that increases awareness, acceptance and usage of your plan.
A special thanks to Elizabeth Borton, President of Write On Target, for sharing her expertise with us. Sign-up on her website at to receive future communication blogs at www.writetarget.com. Or, you can contact her with questions at EBorton@WriteTarget.com or 937.436.4565 at extension 28.
Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from analyzing your safety programs to making sure you are OSHA compliant to proactively ensuring employee wellness. Please visit our Health, Safety & Security page for more information on any of these services.
Good Samaritan Law
Question:
If an employee tries to medically help someone during a medical emergency are they or our company liable if something should go wrong?
Answer:
If you work in Ohio you are covered by something called the “Good Samaritan” law that protects bystanders who provide emergency aid from financial liability if there is an unintended injury or wrongful death. This law is meant to protect those providing emergency care at the scene of an emergency and does not apply to care provided to someone already in a medical facility. Nor does it protect someone if they expect payment for the treatment (such as from an insurance company). Stated best, the law is designed to let people do the right thing without fear of being sued.
To see the details of Ohio Good Samaritan laws visit the ORC website.
An injury in the workplace is no laughing matter and Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from reviewing your safety procedures to helping you with employee wellness initiatives. Please visit our Health, Safety & Security page for more information on how we can assist you with Health, Safety and Security.
What Is a Safety Audit and How Can Job Hazard Analysis Help?
HR Question:
My manager is concerned about our company’s ability to pass a safety inspection and wants us to do an audit. Can you explain what a safety audit is and how to conduct one?
HR Answer:
A Safety Audit (known more formally as a Health and Safety Audit) is a routine, comprehensive review of the efficiency, effectiveness, and compliance of a company’s safety management programs. Although ensuring the safety and well-being of employees should always be a top priority, it is also critical to comply with local, state, and federal regulations.
For example, OSHA’s General Duty Clause requires that employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” By conducting Safety Audits, the company is keeping a safety culture in the forefront of the business while doing its due diligence to increase the likelihood of complying with this clause.
What to Include in Safety Audits
A Safety Audit is similar to a comprehensive health check-up for an organization’s safety framework. The audit should include an in-depth review of safety protocols, recordkeeping, policies, procedures, and physical facilities. The main objective is to identify potential hazards, assess regulatory compliance, and recommend measures that improve and strengthen workplace safety.
It’s important to note that there isn’t a “one-size-fits-all” approach. Audits must be customized to the type of industry, size of the company or location being audited, applicable local, state, and federal laws, and any other company-specific factors that might affect the safety and health of your workforce.
How to Use Job Hazard Analysis in the Audit
Embedded within Safety Audits is the practice of conducting a Job Hazard Analysis (JHA). A JHA is an important component that dissects every job or task into steps, pinpointing potential hazards associated with each. You can leverage JHA to gain insights into the risks employees encounter during their daily responsibilities. This analysis forms the cornerstone of proactive risk management, facilitating the development of targeted training programs and safety initiatives tailored to address specific vulnerabilities.
The Advantages of Job Hazard Analysis:
- Informed Decision-Making: Armed with insights from JHA, the company can make data-driven decisions on resource allocation, training priorities, and safety measures thereby optimizing the impact of its initiatives.
- Tailored Training Programs: JHA results enable the company to design training programs that are finely tuned to address skill gaps and safety concerns, fostering a well-informed and competent workforce.
- Regulatory Adherence: JHA aligns with regulatory requirements that mandate hazard assessments, helping organizations increase their chances of being compliant.
- Employee Engagement: Involving employees in the JHA process cultivates a sense of ownership over safety, fostering engagement, camaraderie, and proactive participation in safety initiatives.
Turn Safety Audit Findings into Action
Once the Safety Audit findings and JHA insights are gathered, the company should take the following steps:
- Strategic Recommendations and Action Plan: Develop an action plan that translates audit and JHA insights into actionable recommendations. Assign responsibilities, set timelines, and establish priorities to support efficient implementation.
- Tailored Training Initiatives: Harness the power of JHA to craft training programs that align with identified skill gaps and safety needs. Equip employees with the knowledge and skills needed to navigate their roles safely.
- Continuous Monitoring and Adaptation: Regularly track the progress of the action plan and evaluate its impact on overall safety. Adapt strategies as needed in response to evolving risks and changing circumstances.
- Transparent Communication: Maintain open channels of communication with employees, fostering a culture of dialogue and receptiveness. Involving employees in safety initiatives empowers them and contributes to a safer workplace.
Safety Audits and Job Hazard Analysis are pivotal tools in cultivating an environment of trust, productivity, and well-being. By proactively addressing risks, strengthening and reinforcing safety measures, and nurturing a culture of safety first, the company not only strives to meet regulatory obligations but also underscores its commitment to employee welfare.
As industries evolve and challenges transform, the dedication to safety remains unwavering. Through regular audits, analyzing results, and responsive measures, the company can continue to pave the way for a safer work environment.
Thank you to Sherry Hume, SHRM-CP, HR Business Advisor for contributing to this HR Question of the Week.
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? Strategic HR has the expertise to develop/review your policies and practices to support the safety of your workers, customers, and visitors. Visit our Health, Safety & Security services to learn more about how we can assist you with workplace safety.
Work Related Injuries from a Home Office
Question:
I have “virtual” employees who don’t spend all their work time in the office. How do I know if an employee’s injury is work related if they work out of their home?
Answer:
This is one of the big challenges that employers face when they allow their employees the opportunity to work from home. Overall, injuries and illness that occur while an employee is working at home is considered work related (and thus compensable) if the illness or injury occurs while the employee is performing work for pay in the home and the injury or illness is directly related to the performance of work. These type of injuries cannot be related to the general home environment (i.e faulty wiring, tripping on the carpet) but rather must be related to the performance of work.
What is a compensable injury? One might be an injury to a finger that was slammed in a filing cabinet drawer while filing papers for work. Another could be an injury to the foot due to a dropped heavy box (assuming the box was for work purposes and contained work materials). Proving how some of these injuries occurred in the home is a challenge because there is a lack of witnesses, and there is the inability to control the work environment to ensure adequate safety and housekeeping to prevent injuries. Creating policies for your employees to ensure they keep a professional, well-kept and safe work environment at home, as well as requiring them to report any work related injuries or illness immediately, is essential.
Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from creating a communicable disease policy to developing a business resumption plan for handling unexpected emergencies. Please visit our Health, Safety & Security page for more information.
Ensuring Safety in the Workplace
Question:
We seem to be experiencing a flare up in minor workplace accidents. What are some steps we can take to raise safety awareness and reduce the number of incidents?
Answer:
The most important thing to do is to look around and see what you are doing and determine what has changed in the recent past to cause this flare up. Sometimes the cause is easy to identify, but many times not. Overall, there are a number of things employers can get involved in to ensure their organization moves toward a ‘safety culture’, one where safety is valued and resulting in an improved safety record.
- Create a safety culture from the top down. Safety should be discussed at the very beginning of employment from recruitment to job descriptions to background checks and reference checks. Start talking safety early and always in your workplace.
- Be sure your employees know they are partners with the organization in the safety effort. Safety is NOT just for the employer to do. It must be a team effort with cooperation of the employees and employer to be successful.
- Create involved safety programs to involve employees in that effort.
- Create safety committees that are employee based.
- Make safety training a priority in your organization and talk about it (even if briefly) in all meetings.
- Investigate all accidents and near misses in your organization to determine their cause and to avoid future accidents.
- Conduct self audits. Have employee teams do audits on different areas of the workplace to review for hazardous conditions.
- Recognize and reward the safety successes.
These types of activities will ensure a safety culture and ultimately improve the safety record of your organization.
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? A safe environment plays a key role in keeping a company Healthy, Safe and Secure. Strategic HR has the expertise you need to ensure your policies and practices are keeping your workers, and customers, safe. Visit our Health, Safety and Security page to learn more about how we can assist you.
How to Handle Bed Bugs at Work
An employee has indicated that she has bedbugs in her apartment building. What responsibility do we have as an employer towards our other employees?
