Health, Safety, & Security Questions of the Week

Marijuana in the Workplace

A marijuana leaf next to the text "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 Does this mean my drug-free workplace policies are no longer valid?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 such as AlertMeter, 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

Employee covering her face feeling ashamed.

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?

Professional working outside in high heat

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

Image of a man with a broken leg working from a home office

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:

  1. Create a work-from-home policy that includes the requirement to maintain a professional, well-kept, and safe work environment. Include home safety audits.
  2. Require employees to report any work-related injuries or illness immediately to their manager or safety official.
  3. 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.
  4. Ask the employee to take pictures of the work area where the injury occurred as well as of their injury, if possible.
  5. 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.

Three Ways HR Can Serve as Cybersecurity Defenders

Image of computer circuit boards symbolizing cybersecurity

HR Question:

Why should cybersecurity be a priority for HR professionals? Isn’t that IT’s job?

HR Answer:

Hackers look for more than just passwords and bank information. They can hold personal information hostage like social security numbers, share private health information, or share the results of someone’s less-than-satisfactory performance review with the public.

Human error is often one of the key weaknesses that hackers and cybersecurity criminals will try to exploit in their assaults. As HR professionals and business leaders, it’s up to you to build in defenses amongst your team members to protect the business and the sensitive information it has on your employees.

Implement a Clear Cybersecurity Policy

One of the first lines of defense that HR professionals can put in place is a strong cybersecurity policy. Policies that cover topics such as information sharing and the appropriate use of social media, remote devices, wi-fi, and VPNs can help educate your team members on safe technology practices and put definable consequences (beyond the potential danger of information exposure and distribution) around the misuse of company technology and information.

By partnering with your organization’s IT department, HR can include policies that support employee privacy and the company’s security, such as regularly updating passwords, guidelines to follow in the case of suspected security breaches, reporting procedures, and more.

Foster a Cybersecurity Savvy Culture

You know the phrase, “you have to walk the walk to talk the talk”? Or better yet – “leading by example.” The same concepts apply to how your HR department approaches cybersecurity when fostering your company culture. Without HR putting the same emphasis and care behind IT policies and priorities, these goals may fall flat before reaching the finish line.

As such, there are four ways to help encourage your employees to be aware of potential security risks:

  • Check phishing reports quarterly to see what’s trending and what’s changing with how the common scams operate.
  • Always be sure to double- and triple-check who’s asking you for information. Attackers are becoming more and more intuitive in how they reach out to you. It doesn’t matter whether it’s your mother, your boss, or your best friend who emailed you, check where the email came from and be certain before you respond.
  • Ensure that common behaviors, such as reusing passwords or using unprotected wi-fi networks, aren’t encouraged, practiced, or overlooked.
  • Never let your guard down. This is probably one of the most important things to remember. It’s not easy to do, but phishing is only a problem if it succeeds. And phishing will succeed. We’re all human and we will make mistakes. It’s these mistakes that attackers capitalize on.

Remember these four rules, and you’ll be much safer and prepared to deal with any phishing scams that come your way.

Include Cybersecurity in Regular HR Audits

As a part of your HR audits, which should be conducted on a regular basis, it’s important to include cybersecurity features in your regular process. Double-checking things such as password security, ensuring all software is updated, and making sure that policies are up-to-date based on popular apps and technology trends can help to keep your company’s and your employees’ information safe and secure.

Special thanks to Samantha Kelly for contributing to this edition of our HR Question of the Week. 

Visit our colleagues at Clark Schaefer Hackett to learn how they can support your cybersecurity needs, or check out our Health, Safety, and Security page to see how we can help develop processes, procedures, and programs to protect your team. 

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:

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.

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Can I Ask if My Employees Are Vaccinated?

Can we ask if our employees are vaccinated? Isn’t this a HIPAA violation or an illegal inquiry under the ADA or somehow confidential information?

Employers can ask for proof of vaccination unless there is a state or local law or order to the contrary.*

When an employer is requesting or reviewing medical information in its capacity as an employer, as it would be when asking about an employee’s vaccination status, it is considered to be an employment record. In such cases, HIPAA would not apply to the employer. The Americans with Disabilities Act (ADA) will govern the collection and storage of this information.

The Equal Employment Opportunity Commission (EEOC), which enforces the ADA, has stated that asking about vaccination is not a disability-related inquiry, though it could turn into one if you ask follow-up questions about why the employee is not vaccinated. Asking a yes or no question, or requesting to see the employee’s vaccination card, does not violate any federal laws or require proof that the inquiry is job-related.

Finally, just because employees think that something is or should be private or confidential doesn’t mean they can’t be required to share it with their employer. Social Security numbers, birth dates, and home addresses are all pieces of information an employee may not want to advertise, but sharing is necessary and required for work. Vaccination status is similar. However, all of this information, once gathered, should not be shared by the employer with third parties, except on a need-to-know basis.

*It appears that some governors may attempt to prevent certain entities from requiring “immunity passports” (e.g., proof of vaccination) through an executive order (EO), though as of July 31, none of the EOs already issued appear to apply to private businesses and their employees. Also note that if there is a law in place that prevents treating vaccinated and unvaccinated employees differently (like in Montana), you may be able to ask, but not take any action based on the response.

Should we keep a record of who is vaccinated or make copies of vaccination cards? If we do, how long should we keep that information?

If you’re asking about vaccination status, you’ll want to keep some kind of record (so you don’t have to ask multiple times), but how you do this is up to you, unless state or local law has imposed specific recordkeeping requirements. You may want to keep something simple like a spreadsheet with the employee’s name and a simple “yes” or “no” in the vaccination column. If you’d prefer to make a copy of their vaccination card, that should be kept with other employee medical information, separate from their personnel file. Per OSHA, these records should be kept for 30 years.

If we keep a record of who is vaccinated, can we share it with managers who will be required to enforce policies based on that information, such as masking and social distancing?

Yes. We recommend not sharing this information any more widely than necessary. While anonymized information is okay to share (e.g., “80% of our employees are vaccinated”), each employee’s vaccination status should be treated as confidential, even if the fact that they are wearing a mask to work seems to reveal their status publicly. Obviously, managers will need this information if they are expected to enforce vaccination-dependent policies, and employers should train them on how they should be enforcing the policies and how and when to escalate issues to HR or a higher level of management.

Special thanks to the HR Support Center for providing this edition of our HR Question of the Week. 

For further COVID-19-related resources, check out our COVID-19 Employer Resources page or contact us for direct assistance. 

This article does not, and is not intended to, constitute legal advice.  Information and content presented herein is for general informational purposes only and readers are strongly encouraged to contact their attorney to obtain advice with respect to any legal matter.  Only your individual attorney can provide assurances that the information contained herein is applicable or appropriate to your particular situation or legal jurisdiction.

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:

  1. 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.
  2. 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.
  3. 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. 

Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

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.

Leading Change Amidst a Crisis (Part 2 of 2)

Leader performance during a crisis sets the tone for the entire organization, and the current pandemic has tested leaders like no other. How leaders respond or fail to respond is key to future success. Leaders who remain calm, encourage input, take an open-minded approach and evaluate what the company can do better post-crisis are more likely to survive and shine. As we continue our exploration of key areas of leading change amidst COVID-19, we’ll discuss topics geared toward moving through and out of this crisis.

Psst! In case you missed it, be sure to read Leading Change Amidst a Crisis, Part 1.

Leading Change with Recognition

As we work through the challenges related to COVID-19, there have been many heroes that have risen to the surface. Healthcare providers, emergency responders, grocery store workers, manufacturers, and countless other essential workers have gone above and beyond the call of duty during a time of abnormal health risks and stress. Internally, your organization has most likely experienced some unsung heroes as well. There is no way to over-emphasize the importance of employee recognition, both during this crisis and once things are under control. Recognizing your employees’ hard work and dedication will do a lot to feed their self-esteem and desire to continue to shine, particularly during stressful times.

In some cases, employers spend a good portion of their time focusing on employees with behavioral or performance problems. Most leaders have been faced with these challenges, and those behaviors must not go unchecked. However, it’s important to purposefully take time to recognize the behaviors that you want to foster and see continued. Be sure to recognize your top performers as well as those behind the scenes in less public roles who are doing a great job in contributing to your organization’s success. While many don’t require hand-holding, human beings value respect and admiration from those around them – this includes their peers and co-workers.

Some ways to ensure that your employees feel appreciated and valued include:

Involve your employees in important decisions and strategic planning of the organization. Solicit their ideas about the direction you’re headed. Discuss the future of the company with them, along with their place within it. Talk about the roles they play and how they contribute. Consider what they have to say and give them credit for their input. By doing all this, you show your employees that they’re important to you and essential to the success of the organization. In addition, your employees will feel more invested in the decisions and strategic plan because they helped to develop them.

Regularly recognize employee achievements. Don’t wait for performance reviews or end-of-year events to give employees the recognition they deserve. Use whatever electronic communication system you have in place to speak well of your employees and their achievements regularly. Perhaps institute a peer-recognition program in which employees can praise each other for jobs well done and identify behaviors that led to their success. At Strategic HR, we use the “impressions” feature in our HRIS system. Here, employees can recognize each other for how they have lived our company values including collaboration, competence, communications, and more.

Invest in your employees. Offer opportunities for advancement. If promotions aren’t possible, then help employees level-up their skills and learn new ones. Provide coaching and training sessions — or cover the costs of outside services for this type of development. If your budget is tight, allow internal mentoring opportunities between team members and those in senior-level positions. Employees will feel appreciated when they can see that you care about their professional development and future success.

Say “thank you” every day. How leaders and managers behave sets the tone for the workplace. Regularly saying “thank you” fosters a more welcoming and respectful environment, and it also helps employees feel that they are valued. Appreciation can be given in many ways, but whether you show it through engagement, involvement, investment, or recognition, you’ll be making gratitude a key value of your workplace culture.

Planning for Future Workforce & Crisis

Nobody can see what the future will look like, but we do know that change is constant. Organizations that anticipate and plan for change are more likely to navigate well through challenges. Thus, when a crisis is looming in the shadows, you can accelerate preparations and proactive movement, rather than reacting. As Tony Robbins says, “all business owners want to be the disruptor, not the disrupted.” Keep your eye on similar players in the market, and even those outside of your operating space, to consider creative and innovative ways of preparing and doing business.  For example, it’s clear that 2020 has presented more unique challenges and crises in the first six months. And while it’s left a lasting impact, we can take a look at those around us for ideas and creative approaches to navigating a crisis that can apply even when we’re no longer in the midst of a pandemic.

In this unique time, leaders should meet with their teams to review and develop workforce plans through reflective assessments and brainstorming. Planning for the future requires an in-depth look at the people and the business model that serve as the pillars of the business.

People are your most important assets. Without them, the business wouldn’t be in operation. In order to lead your employees to achieve your organizational goals and objectives, you have to be an effective communicator. When having open conversations with your team, always consider:

  • Foster a collaborative workforce. You will be grateful for what can be accomplished when you all work together.
  • In your conversations, have an open mind when approached with feedback. Feedback can come from both above and below you – keep an ear open from both directions.
  • Should you receive negative or constructive feedback (either about your leadership or the business operations), determine the reason for it and take it in stride. It is an opportunity to learn to be better next time.
  • Don’t be afraid of risks or the unknown. Should a team member present a new or unfamiliar path, be willing to explore the challenge. It’s too easy to stay in your comfort zone, but that is not always going to get you where you want to go.
  • Be aware of how you are using your time. These conversations should be structured to best reflect on challenges and opportunities for your people and your business, rather than spent only focusing on frustrations or worries. Time management is a learned skill but can be mastered.

Based on your organization’s experiences with COVID-19, it may be an opportunity to alter your assumptions with your business model. Consider areas such as:

  • Different or additional revenue streams: i.e., workforce budget assumptions.
  • Changes in customer expectations: i.e., differences in product or service delivery.
  • Changes in workflow: i.e., process or task changes.
  • Changes in roles: i.e., streamlined roles, role enhancements, combining positions.
  • Changes in skill sets: i.e., cross-training or teaching additional skills—time management, technology, or process steps.
  • Changes in succession planning assumptions: i.e., knowledge, skills, and abilities (KSA’s) needed for those in the “pipeline.”

Based on the business and industry you are in, make a list of your potential vulnerabilities or those things that could go wrong that would cause a stir among the media and the public. Once identified, leaders can plan the best way to react to each unique occurrence. For example, if you are a school system, how could you respond if a bus driver wrecked the vehicle while intoxicated? If you are a restaurant, how do you respond to a case of salmonella poisoning? If you are a manufacturer, what are the potential consequences a product failure may have on users and their safety? If you are a bank, how would you respond if there was a breach of security exposing the personal financial information of a large group of your customers?

This role play of scenarios will allow companies to put plans in place so they can be prepared and fast-acting once a catastrophic situation occurs. Pre-planning for worst-case scenarios allows quicker response times and may prevent employee, community, and media backlash. So, let’s prepare for the worst while preparing to put the organization’s best foot forward.

Leading in the best of times can be a challenging, yet rewarding, role to play. Leading throughout a crisis and global pandemic presents unique learning curves and opportunities for leaders to navigate. But by doing so with effective communication, brand awareness, recognizing those around you, and keeping an eye on the horizon, leaders can come out on the other side of these trials as stronger, effective, successful professionals.

 

Special thanks to Angela Dunaway, PHR-SHRM-CP, and Melissa Dern for contributing to this month’s Emerging Issues in HR.

Executive/Leadership development will impact the bottom line for your business. It’s more important than ever to optimize your operations during the pandemic. Strategic HR can help with your leadership and HR strategy through COVID-19. For more information, please visit our HR Strategy and Training & Development pages, or simply contact us – we’d love to hear from you.

Leading Change Amidst a Crisis (Part 1 of 2)

Leader performance during a crisis sets the tone for the entire organization, and the current pandemic has tested leaders like no other. How leaders respond or fail to respond is key to future success. Leaders who remain calm, encourage input, take an open-minded approach, and evaluate what the company can do better post-crisis are more likely to persevere and shine. In this article, we will explore key approaches to leading change that may impact post-COVID-19 success and addresses future crisis planning.

Leading change with effective communication

Communication is one of the most critical aspects of organizational success!  Although there are many components to effective communication, we’re going to highlight the top three elements to keep in mind during a crisis:

Transparency

Particularly during a crisis, it is advantageous for leaders to be transparent in communicating with their employees – i.e. sharing what they do and don’t know about the situation and how the company is responding. The more you can share about what the company is doing to address the crisis, why it’s taking a particular approach, and how it will impact employees and the business, the better equipped employees will be to prepare for, understand, and support the company’s response. If you anticipate a negative impact on the company or employees, it’s better to let them know. For example, employees can buy into bad news IF they understand information like how the company is being impacted financially; IF they understand the reasons behind a wage freeze; or IF they understand they’re all on the same ship working toward common goals which is ultimately organizational success. During the COVID-19 crisis, many employees have been scattered in different locations with some working on-site and many working remotely. It can present an added challenge to communicate effectively when you can’t have your whole organization together; yet, it is critical to ensure that all employees are properly informed about what they can expect from company leaders and what is expected of them amid the crisis.

Empathy

One definition of empathy is “the ability to understand and share the feelings of another.” As leaders and HR professionals, we often have conversations with employees that require us to respond with understanding and concern. This is not to be confused with sympathy or pity. Rather, empathy involves active listening, being fully present, and avoiding judgment. COVID-19 was thrust upon management without warning, and it has taken strong leaders to support and guide teams to achieve optimal performance. Communicating with empathy is a key factor in holding anxious teams together.

Employee Advocacy

It is important for your employees to be highly engaged in order for your organization to weather the storm of any crisis. According to a study conducted by MSW Research and Dale Carnegie Training, “a team member’s relationship with their immediate supervisor is one of the three key drivers of employee engagement.” Although employee engagement efforts are often led by human resources professionals, all leaders should be responsible for creating an engaging and productive work environment for those who report directly to them. Employees need to know you care about their welfare, you care about their success, and you care about their future. During a crisis, employee engagement can teeter on a leader’s ability to maintain a strong relationship with their employees and show a high level of commitment to their well-being. There is no better time to practice servant leadership in building trust and lasting relationships with your employees.

Protecting your brand in a crisis

Employees and customers pay attention to how leaders react and respond in a crisis. What if the actions taken by leaders during COVID-19 were so severe that brands and reputations were forever impacted by the backlash? Organizations may want to think about how they treated their team if there were down-sizing decisions. Did they practice good faith when employees explained why they needed to take leave?  Did HR’s selection process for layoffs or furloughs appear biased or show favoritism? Were leaders transparent when an employee who had been in the work facility was diagnosed with the coronavirus? Did leaders communicate often with vendors and those expecting bill payment?  And lastly, do organizations have monitoring in place to continuously assess news, problems or situations that are brewing in the public?  These are just a few scenarios to consider, but it is easy to see how critical a leader’s actions are in times of crisis.

Once a crisis occurs, how an organization and the leaders of the organization respond is paramount.  Below are some of the action steps we believe will make a positive difference and affect public and media reactions:

  • Inform your employees. If a crisis occurs, share the news and details with your employees.  Town Hall meetings or a letter and/or video from the CEO go a long way in preventing chaos and retaining team members.
  • Investigate the situation. If something goes wrong within your organization, an investigation should ensue to discover why it happened. Were safety procedures skipped? If a breach of technology occurred, were insiders responsible, or was it the sole occurrence of a hacking breach?
    • Keep in mind, there may be times when an outside firm or service provider should conduct or assist with the investigation.  Determine if legal counsel should be involved to avoid risk(s) or prepare for litigation.  Most often, it is best to consult your attorney in these situations.
  • Maintain business objectives. While there may be disruption, a best practice is to keep employees engaged and moving forward when it is safe and reasonable to do so.
  • Seek different perspectives. Often front-line employees are able to shed light on the nuances of situations. Therefore, it’s important to include leaders and non-leaders in the fact-finding and resolution process, but be cognizant of times when privacy is a factor.
  • Take action. Once action steps are decided, ensure the plans are efficiently carried out according to timelines or deadlines.  One of the worst things an organization can do is to publish remedies, then fail to follow through on promises.
  • Provide updates. Keep the employees, public, and media informed of the status of the crisis.  If an employee has recovered from an accident, share the good news.  If a faulty part was discovered on the production line, share that it was found and what steps have been taken to alleviate future occurrences.

These are only a few steps to consider for protecting your brand during a crisis, but leaders and teams should address the matter based on internal operations, policies, procedures, and needs.

The power of influence and leading by example

Influence is another key capability leaders must possess in order to shape employee behavior, impact results, and leading change through a crisis.  The old school managerial style of “do as I say” leadership is no longer acceptable, nor does it work.  But here is the tricky part…trust, credibility, and respect can only be earned, and it usually takes time. Therefore, leaders should always be working to build these attributes because they will especially need to rely on them in a crisis.

Leading in a crisis doesn’t look significantly different than leading day-to-day. The challenge leaders face is getting their voices heard so that their team listens to their recommendations and takes action quickly. Leaders can’t hide and hope the crisis will go away.

One of the best ways to influence others is to lead by example. Here are ways to lead by example and get the most from your team:

  1. Work alongside your team. Develop the skills and learn new ones too. This will impress the team and build a stronger bond in showing that you are not afraid to get your hands dirty and work alongside them.
  2. Always communicate with respect. Be mindful of what you say and who is listening. If an issue requires privacy, be sure to find the appropriate time and place for the conversation and only involve those who should be part of the conversation.
  3. Address problems appropriately. Make sure if you have to escalate a problem, follow the proper chain of command. Nobody likes to have someone go around their back if there is a problem. Always address problems head-on.
  4. Be a good listener. You need to hear what your employees are saying. Be sure to stop and listen to your employees’ thoughts and suggestions, and give thoughtful and timely feedback. This will go a long way in building trust and loyalty.
  5. Take responsibility. As the saying goes “It’s lonely at the top.” You are the leader and blame rolls up, so know if your team makes a mistake, you will ultimately be the one responsible. When this happens, it presents a learning opportunity to make the necessary correction(s) and train your team on how to do it right the next time.
  6. Don’t micromanage. It’s your responsibility to communicate the company goals, mission, and values, and to provide the necessary training and tools for your employees to succeed in their roles. Don’t hover over them; empower them to take ownership of their areas and thrive.
  7. Take care of your health and wellness. If you are taking care of your own mental and physical well-being, not only will it help you to be a better leader, but it can also encourage others to follow in your path.

Remember, when leaders can effectively influence others, they are able to gain buy-in to action verses mandating direction and hoping others will follow. The very best leaders will develop characteristics of strong leadership that contribute to their success in times of crisis and calm.

Keep an eye out for Part Two of this topic to be published in next month’s Emerging Issues in HR where we’ll discuss the importance of recognition, resiliency, and preparing for the future amidst crisis.

 

Special thanks to Angela Dunaway, PHR-SHRM-CP, and Melissa Dern for contributing to this week’s Emerging Issues in HR!

 

Executive/Leadership development will impact the bottom line for your business. It’s more important than ever to optimize your operations during the pandemic. Strategic HR can help with your leadership and HR strategy through COVID-19. For more information, please visit our HR Strategy and Training & Development pages, or simply contact us – we’d love to hear from you.

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.

 

 

Workplace Wearable Technology Safety

Question:

Should your workplace use wearable technology to enhance employee safety and health?

Answer:

Before determining the usefulness of wearable technology in the workplace, it is important to first identify it.  So, what is wearable technology?  Wearables can include any type of “smart” personal device.  In our everyday lives, we think fitness trackers and smart watches.  In the workplace, that definition expands to include all types of “James Bond-esque” type equipment.  EHS wearable tech could include such things as:

  • Devices with radio-frequency identification (RFID) used to determine someone’s location;
  • Devices that conduct any type of measurement gathering – air quality for example;
  • Hard hats with sensors;
  • Glasses with displays;
  • And really any other device that provide information to assist in the safety, health, and well being of employees in the workplace.

Health and Safety professionals continue to expand their use of these items and are intrigued at the potential of these items to reduce workplace accidents and injuries and promote safety.  While using such equipment, employees could be alerted to potentially hazardous conditions.  For example, employees could be alerted if they are lifting an item that is too heavy or they are using unsafe movements.  In the event of catastrophic events such as fires or explosions, RFID equipment could allow employers to locate staff who may be trapped.  The devices could also prevent injuries by providing job activity simulation for difficult tasks, allowing time to practice and avoid potentially harmful mistakes.  Using wearable technology, employers may be able to predict hazardous situations and enhance accident prevention measures.

With all of this great opportunity, why not move forward with these initiatives?  There are a few things to consider.  The first being cost.  Wearable technology varies in price from a simple $40 fitness tracker to $5,000 smartglasses and beyond.  An ROI must be considered when investing in this type of equipment, keeping in mind the value of worker safety.  The second consideration is worker privacy.  In 2017, National Institute of Safety and Health published a white paper regarding the ethics of the use of wearable sensors.  The study reviewed the delicate balance between safety and the obvious concern, worker privacy.  NIOSH suggests that employers be transparent on what data is being collected / observed, how the data is being used, and allow for employees to opt out of a program.

Technology is great!  Consider cost, use, and benefit before implementation and be sure and clearly communicate with staff if you decide to take the dive into the world of wearable tech in the workplace.

 

Strategic HR understands your concerns with the safety and 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 your policies and procedures are compliant and protect your staff. Please visit our Health, Safety & Security page for more information on any of these services.

What to Do About Workplace Bullying (And How to Prevent It)

Question:

Do you know the signs of workplace bullying?

Answer:

Can you believe that approximately 2 out of every 5 people have been bullied at work? (1)

About 50 percent of those bullied have had stress-related, health problems as a result.

Workplace bullying—whether verbal, psychological, physical, or online—can be very destructive for any culture. It’s extremely damaging to morale, productivity, safety, and the health and well-being of all your workers…not just the ones involved with the bullying! (1)

One thing is for sure: this kind of treatment is not acceptable, not deserved, and any kind of behavior that resembles bullying shouldn’t be happening in any work environment.

Let’s take a closer look at some of the signs of workplace bullying, and what you can do to work against it becoming an issue in your company.

Do You Know the Signs of Workplace Bullying?

What is workplace bullying? It can take many forms, but according to the Workplace Bullying Institute, workplace bullying is any kind of treatment that is repetitive and abusive in nature. That can be threatening, humiliating, intimidating, or any combination of those. It can also include forms of verbal abuse, in some cases.

It’s a kind of mistreatment that can not only can impact someone’s health, but it can also prevent them from getting work done. Obviously, that’s a significant issue!

You may be surprised to learn who is a workplace bully.

It’s not necessarily someone who yells or intimidates or humiliates; that’s the kind of bully we think of in most cases, but it doesn’t have to look like that. Keep in mind that sometimes the signs of bullying are not that “loud.” Bullying can be more discreet, and can be more difficult to identify than just someone who is perceived as a “jerk.”

Do You Know Someone Being Bullied at Work Today?

According to the Workplace Bullying Institute, here are examples of experiences at work that could suggest you, or someone you know, is being bullied:

  •      Impromptu meetings are held where the sole point of the meeting is to humiliate someone
  •      The work is never good enough for the boss
  •      People have been told to stop talking or to “ignore” someone else
  •      People feel it is okay to scream or yell in someone’s face
  •      HR or coworkers agree the person is a problem, but no one ever does anything about it
  •      Your request to change to another boss/division is denied….with no reason
  •      When confronting the tormentor to stop the abusive conduct, you/someone else is accused of harassment or you/someone else is ignored

Sadly, often times the person who is being tormented is being targeted because they are perceived as a threat of some kind. The Workplace Bullying Institute’s research on the so-called “targets” of bullying saw that often times, the targets are a company veteran and/or the most skilled person in the workgroup (2).

And what if you feel YOU are the one being bullied? According to the Workplace Bullying Institute, here are a few signs you may be bullied at work:

  •      You almost feel sick or do feel sick before going to work
  •      Your family or loved ones think you are obsessed with work at home
  •      You have changes in health like blood pressure or other recent changes in health
  •      Paid time off feels like it is for mental health breaks
  •      You feel ashamed about what is happening at work, so much so that you don’t tell your partner about the interactions you are having with that person
  •      You start to believe that you were the one that provoked the cruelty (2, 3, 4)

How to Prevent Workplace Bullying

Many HR and safety managers, understandably want to prevent workplace bullying. They also want to be able to put an end to it if they suspect it may be an issue already.

The answer to how this can be done: company culture. Let’s take a closer look at what you can do to shut it down.

1. Take steps to make sure workers know what workplace bullying is.

If it’s identifiable behavior, that means it can be appropriately called out. Don’t be blinded by high performers or the person who is doing well in their job; believe it or not, these people can still be bullies. Get clear on what is—and what is not—acceptable behavior in your company.

2. Train your people on how to shut it down, on the spot.

Do workers know how they can respond to a bully if they deal with one, directly or indirectly? And do they just let this mistreatment happen without addressing it, right then and there, if they witness it? Don’t assume all your staff know the right way to deal with someone, in-the-moment, who may be toxic (3, 4).

Also be sure employees feel equipped and empowered enough to say something if they see it happening. That may require ongoing training, which can be well worth the investment. Give workers some sort of space or tool that can allow them to report what they are seeing.

3. Create a script to manage any bullying incidents.

If you are going to sit down and have a conversation with someone you suspect may be a bully, have a script readily available to help address the issue. You want to be as prepared as possible to put an end to any bad behavior.

Mark Murphy, a Forbes Contributor, suggests the following four-part script:

  •      Establish a candid context
  •      Describe the recent issue
  •      Share how that is going to change/needs to change (based on the policies of the company)
  •      Offer a choice to change behavior based on that HR policy (3)

This gives someone the option to adapt their behavior and to stop the mistreatment of others. If they come up with excuses or are unwilling to commit to change, do what it takes to remove them from the environment.

4. Dig for the full story.

Last, have metrics in place that can help tell the whole story about the workplace climate. Identifying and knowing about bullying is part of the solution, but you also want to know why it’s really happening—so you can fix that issue, too.

That’s where a platform like iReportSource can be helpful so you can see unbiased, actionable data points and stats that tell you more about the whole story.

What Else to Know About Workplace Bullying

A company’s culture is always in flux, and you’re never going to be completely immune to any and all bullying. But despite how a company culture is always going to be evolving, you can still do your best to create a stable environment where norms, values, and acceptable behavior is clear (1).

Learn More about iReportSource’s Dashboard

Our analytics dashboard will show you everything you need to be completely confident: from ROI, cost savings, the number of safety trainings completed and much more about the ongoing state of your culture—and that is all with the click of a button.

Are you ready to use data for better decision-making in your company? Learn more today.

 

A special thanks to iReportSource for sharing their insights on safety in the workplace. For more information on iReportSource, contact Christi Brown at cbrown@ireportsource.com or 513-549-3459. iReportSource allows you to avoid complacency and manage risk, all while helping you to reinforce behavior-based safety practices.

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.

 

Why Continuous Background Checks Are Now Trending

2018 was filled with a series of events that led many employers to question: Is one initial background screening at the point of hire really enough? Movements like #MeToo triggered concerns about the character of their existing workforce. In addition, a long list of questionable employee actions continues to make the news. As a precaution, many employers have started to implement routine background checks to monitor existing employees for any red flags.

“Continuous background checks are not a bad idea and can be useful in many scenarios. We often see companies conduct yearly checks on their employee’s license as well as additional screenings on education or credit when promotions occur.”

Signet Screening President Matt Messersmith

WHAT DOES CONTINUOUS BACKGROUND CHECKS LOOK LIKE?

Continuous screening involves periodic background checks on current employees to identify issues that can occur after a worker is hired.

Continuous background checks aren’t new to the pre-screening employment industry. For some employees, such as healthcare professionals, re-screening every six months is the standard process. But, as technology advances, other industries are deciding to jump on the bandwagon – and so far, success rates appear to be high.

The Chicago Public Schools (CPS) is one such example in the educational field. Nearly 130 CPS employees have been “terminated, recommended for dismissal, or have resigned amid scrutiny” after a review of background checks performed on CPS staff, according to The Chicago Tribune.

WHY SHOULD YOUR COMPANY CONSIDER CONTINUOUS SCREENING?

1. Security in your brand

Your company’s brand is extremely valuable and can be easily tarnished. Avoid taking any unnecessary risks and be proactive with continuous screening.

2. Confidence in your employees

An initial screening is just a snapshot in time. Just as every employer wants to have confidence in the performance of their employees, they also want to have confidence in their character. Reaffirm your confidence in hires with a continual screening process.

3. Ensure a standard is maintained

Every company has an initial standard that employees must attain to get their foot in the door. But six months later, is your company still holding that standard? If continuous screening isn’t in place, you could be settling for less than you planned. With continuous screening, you can be confident that your company standard is honored.

Thank you to Matt Messersmith, President/CEO, Signet Screening, for sharing your expertise on background checks. Make Signet Screening your hiring partner. By doing so, you will get accurate, timely information about a candidate’s history and insight into their abilities which helps you make better, more informed hiring decisions. Their background screening services include federal, state and local criminal checks, education and employment verification, drug screens, motor vehicle reports, registrations and social media searches. They will work closely with you to design the optimum screening and hiring process that best fits your needs. 

Matt can reached at mtm@signetscreening.com or (513) 330-6695.

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.

Managing Workers’ Compensation and Claims

Question:

I just took over responsibility for managing workers’ compensation claims at my company. Where do I start?

Answer:

If you are new to the responsibilities of managing the workers’ compensation process, it can be overwhelming. There are responsibilities that both the employer and employee have in the process. Compliance laws vary from state to state, so make sure that you are familiar with your state requirements. Compliance is very important, but it’s far from the only thing that matters when it comes to true operational excellence.

It takes an integrated risk management strategy to ensure your organization is performing safely, efficiently and profitably. When proactive measures are implemented consistently, accountability is shared across the entire organization. And, when this is combined with a transparent process for when an injury occurs, an organization can achieve operational excellence, improve results, improve employee engagement, and the company reputation will also benefit.

The Basics

Outline Your Policies

As a first step, outline the process and expectations at your company for what happens when an injury occurs at work, medical care for the injured, a process for completing the claims such as:

  • First Report of Injury
  • Accident investigation
  • Time away from work
  • Accommodations
  • Return-to-work process
  • Training requirements
  • Communication methods and frequency
  • Employee responsibilities
  • Preventing injuries

Build a Consistent Process

Once outlined, you need a uniform and consistent process for executing these policies and procedures. Many companies have had challenges with managing workers’ compensation claims as traditionally the forms to be completed have been paper-based and then emailed or shared on an intranet. Many companies are moving away from this due to the challenges of consistency of information, accuracy, timeliness, siloed information, and using incident reporting and safety software for data collection to solve these challenges.

Simply put, using technology to track the data and information, that is—makes it more easily accessible and it helps to make your programs more effective. These systems help you get the reporting and insights that you need quickly and easily to make improvements and understand your most vulnerable areas.

Prevent Injuries In The First Place

Much like healthcare’s focus on preventive care, Environmental Health & Safety has been adopting processes to prevent incidents. If you keep workers safe, you will have fewer accidents and reduce your workers’ comp exposure. This is the secret to being successful in your role in handling workers’ compensation responsibilities.

A safe workplace includes basics such as:

  • Providing and using proper equipment and personal safety gear
  • Identifying potential hazards regularly and resolving them quickly
  • Reporting and addressing unsafe conditions
  • Providing health and safety training on safe work practices
  • A process to report and investigate accidents

Not only is proper equipment, training and processes important, but establishing a culture that has a commitment to health and safety is key. This includes creating a supportive work environment that makes everyone accountable for safety and accident prevention.

As the owner of the process, it’s important that you ensure that all supervisors and/or managers know that they are responsible for the safety of employees under their direction as they can take an active part in preventing injuries.

Not only is injury prevention important for the health and viability of your employees, but it saves substantial costs – both direct and indirect. Costs of managing workers’ compensation claims are not only the direct costs of sick and/or disability pay, but the indirect costs associated with lost productivity, replacement costs, and overtime.

Technology Can Help

With anything, in order to make an overwhelming process successful, you need to provide the right tools. Easy to use software, like iReportSource, allow your workers to collect information in the field on a proactive and reactive basis. The ability to complete safety audits, site inspections and/or allowing workers in the field to submit safety suggestions in a real-time manner will help reinforce a culture of safety accountability as it’s simple to see who, when and what was submitted. And what’s easier than a few taps on a mobile phone?

Your role in managing workers’ compensation is critical to the success of the business. Don’t let the compliance and day-to-day requirements overwhelm you. It can be intimidating in the beginning, but there are plenty of tools, like iReportSource that can help you be successful.

The barrier to operational excellence in safety and workers’ compensation is lower than ever. What’s stopping you?

A special thanks to iReportSource for sharing their insights on safety in the workplace. For more information on iReportSource contact Nancy Koors at nkoors@ireportsource.com or 513-442-8595. iReportSource allows you to avoid complacency and manage risk, all while helping you to reinforce behavior-based safety practices.

 

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.

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:

  1. The aggressive marketing of Oxycontin as safe for chronic pain
  2. 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.

  1. Meldrum, ML. The ongoing opioid prescription epidemic: historical context.American Journal of Public Health, 2016:106(8), 1365.
  2. Quinones, S. Dreamland: The true tale of America’s opiate epidemic.New York, NY: Bloomsbury Press; 2015.
  3. 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.
  4. IMS Health National Prescription Audit
  5. CDC National Vital Statistics System
  6. SAMHSA National Survey on Drug Use and Health
  7. Ohio Department of Health Office of Vital Statistics
  8. CDC WISQARS Cost of Injury Reports, based on 2012 Ohio overdose incidents
  9. 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.

  1. 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.
  2. 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.

 

Are Evacuation Drills Mandatory to Meet OSHA Training Requirements?

Image of Workplace Safety Manual, along with work tools

HR Question:

According to the OSHA Training Requirements, is it mandatory that I conduct practice evacuation drills as part of my company’s annual training?

HR Answer:

The Occupational Safety and Health Administration (OSHA) does not require employers to conduct drills at a certain frequency. However, it is recommended as part of a comprehensive Emergency Action Plan, which is required. OSHA standard 29 CFR 1910.38(a) outlines the requirement for written documentation, planning, and training for workplace emergencies, and as an employer, preparing for the ‘worst case’ is something you should want to do. In today’s world where we’ve seen an increase in active shooter incidents, unpredictable weather patterns, and wildfires, emergency preparedness will allow you and your employees to have a plan in place should you be impacted by some type of potentially hazardous situation.

How to Prepare Employees for Workplace Emergencies

Employers should consider evacuation plans as one small part of the required Emergency Action Plan and use them as the opportunity to practice. The drills could include evacuation due to a fire, chemical leak, or even a shelter in place in the event of an external chemical emergency.

OSHA’s Evacuation and Procedures e-tool provides step-by-step guidance to help you prepare your workplace for potential emergencies. In addition, this OSHA Workplace Emergencies Factsheet provides an outline of what is required. Once you have a plan in place, OSHA recommends that you review the plan with employees and hold practice drills “as often as necessary.” It is also advised to include outside resources such as fire and police departments when possible. OSHA recommends that after each drill you assess the effectiveness of the drill (and the plan) and make adjustments as needed.

How to Meet OSHA Training Requirements

Workplace safety training will vary depending on the type of business. Here are some important points to consider when deciding what types of training your employees need to meet OSHA Training Requirements and Standards:

  •  Educate your employees about the types of emergencies that may occur and train them in the proper course of action.
  • The size of your workplace and workforce, processes used, materials handled, and the availability of onsite or outside resources will determine your training requirements.
  • Be sure all your employees understand the function and elements of your emergency action plan, including types of potential emergencies, reporting procedures, alarm systems, evacuation plans, and shutdown procedures.
  • Discuss any special hazards you may have onsite such as flammable materials, toxic chemicals, radioactive sources, or water-reactive substances.
  • Clearly communicate to your employees who will be in charge during an emergency to minimize confusion.

It is a good idea to keep a record of all safety and health training. Documentation can also supply an answer to one of the first questions an incident investigator will ask: “Did the employee receive adequate training to do the job?”

Emergency Action Plan Resources

OSHA has a number of outstanding resources to assist you in your planning process for an Emergency Action Plan, as well as all of the required OSHA standards. Free resources to help you with your safety training plans can be found in OSHA’s Training Resources and this updated booklet which outlines all of OSHA’s training-related requirements in one document.

Keep in mind that although drills are not required, a well-developed emergency plan with proper training (including drills) will result in fewer injuries and less confusion and chaos during an emergency. A well-organized response will help you, your employees, and your business to be in the best position to effectively handle an emergency.

Thank you to Patti Dunham, MBA, MA, SPHR, SHRM-SCP for updating this HR Question of the Week.

 

Are you overdue on harassment or other annual training?  Does your current training curriculum need to be refreshed to reflect changes in company policy or legal requirements?  Strategic HR has the expertise and resources to help.  Visit our Training and Development page to learn more or Submit a Training Request.

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/dte/library/pit/pit_q-a.html

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.

Obesity in the Workplace

Question:

According to SHRM’s 2014 Global HR Trends Report, obesity is on the rise in the U.S. and worldwide. If current trends continue, more than 50% of the U.S. adult population will be obese by 2030. The growing number of employees and candidates who are obese concern me as an employer because I have heard that they are deemed as having a disability.  Is that true?  What does that mean to me as the HR Manager?

Answer:

Yes, under the ADAA, the courts have expanded the legal definition of when obesity constitutes a disability. Employees are no longer required to establish that their obesity is due to another physiological condition or disorder. Obesity alone – whether morbid, severe, or simple obesity – can cause sufficient impairment that a person can be deemed as “disabled”.  Morbid obesity is defined as a body mass index (BMI) of 40 or higher; severe obesity is a BMI of 35-39.9 and simple obesity is a BMI of 30-34.9. Under the new amendments, the EEOC states that basic obesity alone can sufficiently impact life activities like bending, walking and transportation and it could now be treated as a physical impairment.  As in most potentially legal situations, each situation is unique and should be looked at carefully before taking any action.

As an HR Manager, the bottom line is that there are many more potentially disabled employees in the workplace. Employees who may be entitled to nondiscrimination protection and potentially reasonable accommodations if necessary.  Keep in mind, accommodations can be simple.  Things such as a large ergonomic chair, seat belt extenders for industrial equipment, or even allowing an employee to use a scooter.  Bottom line, be sure to treat obese employees as any other potentially disabled employee in the workplace and work with the employee to determine if an appropriate accommodation is necessary and can be made.

Strategic HR understands your concerns with the safety and 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 your policies and procedures are compliant and protect your staff. Please visit our Health, Safety & Security page for more information on any of these services.

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:

  1. Psychological (mental and emotional) 41.7%
  2. Partner/relationships 19.9%
  3. Family/child (behavioral issues) 14.3%
  4. 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.

How To Handle Expired Prescription Drug Use In The Workplace?

HR Question:

We recently had a situation where a longtime employee, with no prior incidences, took an expired prescription drug that was inhibiting her performance. After her drug test, she tested positive with it in her system and the script was older than one year. What should I do?

HR Answer:

This is certainly a tricky situation, and you are not alone in dealing with this challenge. A recent National Safety Council survey reports that more than 70% of employers have been impacted by prescription drugs, yet only 19% feel extremely prepared to deal with prescription drug misuse.

As you begin to assess your next steps, here are some things to consider:

Policy

What does your Drug Free Workplace Policy say? Typically, an acceptable deviation of a positive drug test is supplying a valid prescription from an attending physician. In this situation, the employee does not appear to have that if the drug was expired. What does your policy say about the consequences of a positive test? Take the opportunity to assess if you’ve covered as many conceivable scenarios as possible – from an expired prescription to innocently taking a family member’s prescription in an unusual circumstance.

Training

This is why Drug Free Workplace training is so critical. Such training should inform employees and managers of exactly these types of situations and potential consequences so this scenario can be avoided. What does your policy say about training? Have you adhered to that?

Precedent

What are the consequences of making an exception? If you make an exception for this individual, are you willing to make an exception the next time it happens to another employee (perhaps a lower performing employee)? Does making an exception impact the effectiveness of your Drug Free Workplace program?

Consult

Contact your Medical Review Officer (MRO) or find one that is familiar with your industry to gain some advice, as they are the experts. They will be able to assess whether or not the positive drug test is justified by the prescription or not, shedding some light on the next steps to take.

Unfortunately, there is no easy answer in this situation. It is vitally important that you remain unbiased, fair, and that you do what’s best for your company. Carefully consider the impact of your decision on future situations that may arise.

 

Providing a Drug Free Workplace Policy and Training are incredibly important when it comes to the safety and security of your workplace and employees. Strategic HR can provide you with best practices, policies, and training when it comes to creating a Drug Free Workplace or any other needs concerning the Health, Safety and Security of your workforce. Contact us to learn more about how we can help to develop your Drug Free Workplace Policy and Customized Training or view our Online Drug Free Workplace Training.  

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.

Image of our Wheel of HR Services, with a focus on Employee Relations.

How do we deal with employee body odor?

Question:

We have an employee with strong body odor and other staff feel it is making them ill at work. How do we address such a sensitive topic?

Answer:

Addressing personal care issues that affect others at work can be difficult conversations to have. Keep in mind the offending employee may not be aware that they have an odor problem, they may have a medical condition, or it may be the result of customs or cultures. Regardless, to keep harmony among your staff the situation needs to be addressed in a sensitive manner.

Be sure to take the employee to a private area to speak. It is also important to be clear in the reason for the conversation, but also be sensitive to the embarrassment it might cause the employee to have such a personal a discussion with their manager or human resources. The most direct route is best. State the problem, “It has been brought to my attention that you have a strong body odor”, and ask a follow up question to allow them the opportunity to share any possible reasons for the situation, “Do you have a health condition or a custom that might be contributing to excessive body odor?” If a health condition is present you will need to determine if there is an issue under the American’s with Disabilities Act (ADA) that will need to be accommodated in some way. If the cause is determined to be due to hygiene issues, the employee should be coached to work on their hygiene, focusing on the connection to the health and well being of themselves and others around them. If there is a company policy addressing appearance and cleanliness, this can be referenced as a guideline for the employee to follow and to emphasize the connection of the discussion to company policy versus a personal attack.

In any case, be considerate and handle the issue with discretion. This can be one of the toughest HR conversations you may have and in most instances it is just as hard for the receiver.

Having healthy employees is a key reason for developing a company wellness program, but also give consideration to the cost savings. Not only does a healthy workforce impact costs related to ever increasing health care expenses, but also impacts other expenses that are being trimmed as the economy necessitates a tightening of the belt in all areas of the company. Visit our Health, Safety & Security page to learn how we can assist you with issues surrounding the health and safety of your workforce.

What Is a Safety Audit and How Can Job Hazard Analysis Help?

Managers pointing at machinery while conducting a Safety Audit.

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

HR Question:

An employee has indicated that she has bed bugs in her apartment building. How should we handle bed bugs at work? What responsibility do we have as an employer towards our other employees?

HR Answer:

The first step is to communicate with your employees measures that they can take to prevent exposure, or if exposure has occurred, minimize the risk that the bed bugs will be transported to work. Under the OSHA general duty standard, an employer has an obligation to provide a safe work environment free of hazards that may cause physical harm. If it is determined that there are bed bugs in your workplace, you should take immediate action to eradicate the infestation (typically by calling an exterminator). There may also be obligations of notification and recordkeeping if hazardous chemicals are used to rectify the situation. If an employee has indicated that he or she has been exposed, you can request that the employee stay home until the problem has been taken care of on their end. Keep in mind, an exempt employee may be required to be paid for time away from work that is less than a full day.

Every situation should be taken on its own merit. In addition to OSHA, there are a number of different issues that should be considered: Family and Medical Leave (if the employee has been exposed and needs to deal with the exposure), Workers’ Compensation (if the employee is exposed at work), and the Fair Labor Standards Act (determining if you have to pay for time missed from work). We do recommend consulting with an attorney before any adverse action is taken resulting from bed bug exposure.

You may find additional information on the Centers for Disease Control and Prevention website.

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.