The workers’ compensation system is based on a trade-off between employers and employees. Employees are entitled to receive prompt, effective medical treatment for on-the-job injuries or illnesses no matter who is at fault and, in return, are therefore prevented from suing employers over those injuries. As a result, California employers, as in other states, are required by law to have workers’ compensation insurance, even if they have only one employee. And, if employees get hurt or sick because of work, the employer is required to pay for workers’ compensation benefits. Workers’ comp insurance provides six basic benefits: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, or vocational rehabilitation and death benefits.
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Corporate Governance,
Business & Legal,
Employer Best Practices,
Health & Safety,
Employee Rights,
California Legislation,
EHS,
Disability benefits
The Fair Labor Standards Act of 1938 (FLSA) establishes a national minimum wage for most employees engaged in interstate commerce, and requires time-and-one-half pay for overtime worked by most employees. Although the most obvious changes to FLSA requirements occur when Congress raises the minimum wage, other revisions also impose important effects on millions of U.S. workplaces.
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Employee Rights
In an effort to reduce “significant risk to public safety,” the U.S. Department of Transportation (DOT) now proposes to establish a new Commercial Driver’s License Drug and Alcohol Clearinghouse for drug and alcohol test results for drivers operating under a commercial driver’s license (CDL). The clearinghouse would also track traffic citations for driving while under the influence of alcohol or drugs (DUIs).
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Training,
EHS,
Transportation
We’re still a long way from the paperless office, but the paperless cab may be upon us. The Federal Motor Carrier Safety Administration (FMCSA) recently adopted a new rule that requires drivers of interstate commercial buses and trucks to record their hours using electronic logging devices (ELDs). According to the administration, widespread use of these devices, also known as electronic onboard recorders, will reduce hours-of-service violations by hampering efforts to misrepresent time put in on the job—and that reduction will result in fewer crashes and fatalities.
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EHS,
Transportation
The US Environmental Protection Agency (EPA) administers a Worker Protection Standard (WPS) designed to protect workers exposed to agricultural pesticides. WPS is patterned after the Occupational Safety and Health Administration (OSHA's) Hazard Communication Standard (HCS) for workers in most industrial and commercial settings. EPA adopted the WPS in 1992, and just proposed its first revisions on February 20, 2014. Some of these changes incorporate revisions to HCS adopted by OSHA in 2012 (see my earlier blog), while others catch up on two decades of industrial hygiene and worker safety practices. Comments will be due 90 days after the proposal is published, with final approval to follow sometime later.
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Environmental risks,
Environmental,
EPA,
Hazcom
When you think of dangerous industries to work in, which ones come to mind? Construction, mining, longshoring, maybe even letter carrying, are obvious, but did healthcare make the list?
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Workplace violence
The Fair Labor Standards Act (FLSA) was first enacted in 1938, to ensure “fair pay” for American workers. Sixty-five years later, it is invoked most often when minimum wage and overtime premium pay are under discussion. But it also includes a number of important secondary provisions—including one requiring employers and employees to determine which time at the workplace is considered “work” that must be compensated, and which is not.
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EPA has a new fact sheet, “Section 609 Regulatory Requirements: Motor Vehicle Air Conditioning” that outlines the requirements to be followed to prevent the release of refrigerants during the servicing of MVACs and MVAC-like appliances. This fact sheet discusses the regulatory requirements for technician training and certification, sales restrictions, safe disposal, recordkeeping, equipment certification, and approved equipment. It also addresses the importance of protecting our ozone layer and explains the serious impact MVACs can have on the climate:
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Employer Best Practices,
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California Legislation,
Environmental,
Transportation
An investigation by the U.S. Occupational Safety and Health Administration (OSHA) found that New Prime Inc. retaliated against a truck driver by blacklisting him in the commercial transport industry after he sought medical attention for a work-related back injury. When he was given doctor’s permission to return to work he opted to seek employment with other motor carriers only to discover his attempts to do so had been sabotaged by his previous employer, New Prime Inc. OSHA has ordered the motor carrier company to pay the former employee $100,994.24 in back wages and damages and take other corrective action.
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OSHA,
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Hazcom
For the second year running, SEC activities during 2013 were dominated by its efforts to issue rules required by two major pieces of recent legislation:
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SEC,
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Accounting & Tax,
Accountants,
JOBS Act
