Audit, Compliance and Risk Blog

Major Changes to Ontario’s Employment and Labour Laws Pending

Posted by STP Editorial Team on Tue, Jul 25, 2017

By Kate Dearden

On May 30, 2017, the Ontario government announced its intention to introduce The Fair Workplaces, Better Jobs Act, 2017. This legislation would include significant amendments to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA).

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Tags: Employer Best Practices, Employee Rights, Canadian

New California Guidance For Workplace Anti-Harassment Efforts

Posted by Jon Elliott on Tue, Jun 27, 2017

Workplace violence prevention is increasingly recognized as one of many employer responsibilities for the safety and health of their employees. Different jurisdictions have focused on different types and degrees of “violence” – from deadly attacks to workplace rudeness and bullying. California has been a leader among U.S. jurisdictions. The state requires private employers with more than 50 employees, and all public employers, to train managers and supervisors at least every two years in how to avoid and prevent sexual harassment. Since 2015, this training must include “abusive conduct.”

Last year, the state Department of Fair Employment and Housing (DFEH) adopted a requirement that employers with five or more employees create detailed written policies for preventing harassment, discrimination, and retaliation. This month, DFEH issued detailed guidance addressing these anti-harassment requirements. These new guidelines should be required reading for California employers, and non-California employers should take the opportunity to compare their own efforts against these recommended best practices.

What Are California’s Harassment Prevention Requirements?

Effective April 1, 2016, DFEH regulations require California employers with five or more employees to create detailed written policies for preventing harassment, discrimination, and retaliation. DFEH claims finds authority for this requirement in the state Fair Employment and Housing Act (FEHA) prohibitions against discrimination, harassment and retaliation, and in FEHA’s requirement that employers “take reasonable
steps to prevent and correct wrongful (harassing, discriminatory, retaliatory) behavior in the workplace.”

Anti-harassment policies must do all of the following:

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Tags: Employer Best Practices, Employee Rights, California Legislation, Workplace violence

Thinking About Occupational Hearing Protection After Better Hearing and Speech Month

Posted by Jon Elliott on Thu, Jun 22, 2017

May was Better Hearing and Speech Month, and the National Institute for Occupational Safety and Health (NIOSH reminded employers that Occupational hearing loss (OHL) is one of the most common work-related illnesses in the United States. Each year, about 22 million U.S. workers are exposed to hazardous noise levels at work. NIOSH reports that U.S. employers paid more than $1.5 million in penalties for not protecting workers from noise in 2016, and that $242 million is spent annually on workers' compensation for hearing loss disability.

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights

California Adopts Workplace Violence Prevention Requirements For Health Care Facilities

Posted by Jon Elliott on Thu, Feb 09, 2017

Health care and social service workers suffer workplace violence at much higher rates than in most other sectors, because of the higher risk from their patients and clients. In response, worker protection laws and regulations have begun to require workplace violence prevention in these sectors. The California Occupational Safety and Health Standards Board (OSHSB) just adopted a new regulation, implementing 2014 legislation that expands state requirements for hospital security plans, to include specified workplace violence prevention programs. Compliance begins in phases during 2017-2018, and will be administered by the Division of Occupational Safety and Health (Cal/OSHA)).

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights, Workplace violence

“Boss, I Need A Week Off"

Posted by STP Editorial Team on Thu, Feb 02, 2017

Every province and territory in Canada provides that an employee may take leave from work pursuant to legislated leaves of absence, and thereafter be reinstated to his or her former position or comparable employment. Some of the leaves commonly given across many provinces include: maternity and paternity leave, adoption leave, bereavement leave, sick leave, and jury duty leave. Other types of leave that may be less known but which are nonetheless recognized in some provinces include emergency leave, leave for reservists, organ donation leave, and, most recently, leave for victims of domestic violence.

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Tags: Employer Best Practices, Employee Rights, Canadian

OSHA Revises Walking, Climbing and Fall Protection Standards – Part 2 (Protective Systems and Training)

Posted by Jon Elliott on Tue, Jan 31, 2017

The Occupational Safety and Health Administration (OSHA) has issued massive revisions to its regulations requiring most employers (“General Industry”, in OSHA parlance), to protect employees from slip and fall hazards in most workplace contexts, including:

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights, Environmental risks

Can You Serve Notice Via Social Media?

Posted by Eric Robinson on Wed, Jan 25, 2017

The Internet continues to develop and evolve at lightning-fast speed, with new sites and platforms bursting into prominence as others lose their popularity and fade away. Meanwhile, the law, which is not known for its rapid acceptance of new ideas and technology, struggles to keep up, and so do those who must keep up with both the technological and legal developments.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Internet

OSHA Revises Walking, Climbing and Fall Protection Standards – Part I (Surfaces and Pathways Between Levels)

Posted by Jon Elliott on Mon, Jan 23, 2017

The Occupational Safety and Health Administration (OSHA) has issued massive revisions to its regulations requiring most employers (“General Industry”, in OSHA parlance), to protect employees from slip and fall hazards in most workplace contexts, including:

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights

EEOC Issues Rule to Make Federal Government a Model Employer for People With Disabilities

Posted by Jon Elliott on Thu, Jan 12, 2017

Federal laws prohibit employers from basing employment decisions on a variety of factors, including “disability.” Private employers are subject to the Americans with Disabilities Act (ADA), while public agencies are subject to the Rehabilitation Act. Both laws are administered and enforced by the Equal Employment Opportunity Commission (EEOC), with states generally cooperating with EEOC or imposing similar requirements on state and local agencies. EEOC generally provides the same requirements and guidelines to both sets of employers, but there are differences.

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Tags: Employer Best Practices, Employee Rights, EEOC

Nanotechnology Workplace Safety

Posted by Jon Elliott on Tue, Dec 06, 2016

As entrepreneurs commercialize “nanomaterials”, occupational safety and health (OSH) agencies and professionals are developing standards to evaluate and manage the associated hazards. These protective efforts cover the full range of OSH agency efforts. The easiest step is to expand application of the Employer’s General Duty to protect workers against workplace hazards to cover nanomaterials –easiest since this Clause requires employers to take steps against “recognized” hazards, and do not bind the agencies to promulgate specific standards (I’ve written about the General Duty Clause here, and about recommendations for comprehensive safety and health programs here). At the other extreme, the Occupational Safety and Health Administration (OSHA) or other OSH agencies can issue enforceable OSH standards –so far there are none exclusively addressed to nanomaterials, although some materials do trigger some standards (see below). Between these extremes, agencies can and do offer non-mandatory but detailed guidelines for some hazards – the National Institute for Occupational Safety and Health (NIOSH) just issued such a guide for nanomaterials, building on similar publications by other agencies. The rest of this blog discusses the new NIOSH guide, “Building a Safety Program to Protect the Nanotechnology Workforce: A Guide for Small to Medium-Sized Enterprises” (NIOSH Guide), and references some of resources used to produce them.

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights, EPA