Audit, Compliance and Risk Blog

U.S. Senate Will Require Anti-Harassment Training

Posted by Jon Elliott on Tue, Dec 12, 2017

Highly-publicized revelations about extensive workplace harassment have cost many alleged harassers their high-powered positions (including US Senator Al Franken), and are producing a variety of proposals to toughen standards. One of the first new provisions was enacted by the U.S. Senate on November 9. The Senate Anti-Harassment Training Resolution of 2017 (S.Res. 330) will require anti-harassment training in Senate offices. The Resolution applies to internal governance of the Senate, so does not apply to any other body, such as the House of Representatives (where House Resolution 630, requiring annual training by each member, officer and employee in employee rights, including anti-harassment and anti-discrimination, was passed on November 29 but is being reconsidered).

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Workplace violence

“Workplace” Under Part II of the Canada Labour Code Includes Work Activities Performed in Workplaces Not Controlled by the Employer

Posted by Maryse Tremblay on Tue, Oct 17, 2017

In a recent decision, Canadian Union of Postal Workers v. Canada Post Corporation, the Federal Court of Appeal reversed an earlier Federal Court endorsement of an appeals officer’s decision to limit the definition of “workplace” for the purposes of inspection under Part II of the Canada Labour Code to workplaces where the employer exercises control.

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

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