Cal/OSHA Reminds Employers to Protect Outdoor Workers from Heat Illness as Temperatures Rise Statewide

AIO Heat Stress 2018 (WordPress blog)

Our California Outdoor Heat Illness Prevention Poster is on sale for the entire Summer of 2018 saving you 15% of our already low prices. Take advantage of this offer now by using coupon code HEAT2018 upon checkout.

Cal/OSHA is reminding all employers to protect their outdoor workers from heat illness and to encourage their workers to take preventative cool-down breaks in the shade as temperatures rise throughout California. The National Weather Service has issued excessive heat warnings for forecasts of triple-digit temperatures through the weekend, starting Thursday, June 21st, in Southern California and beginning Friday in central and northern counties. Summer has officially begun.

“During heat waves, employers must closely observe their employees for signs and symptoms of heat illness,” said Cal/OSHA Chief Juliann Sum. “As always, workers should be encouraged to drink water frequently and take preventative cool-down rest breaks in the shade when they feel the need to do so.”

To help employers comply with the state’s Heat Illness Prevention Regulation, All In One Poster Company has designed a comprehensive poster to supplement the Cal/OSHA standard training requirement and the employer’s Injury and Illness Prevention Program (IIPP), and to serve as a quick reference guide. Remember that displaying posters is a sign of your commitment to safety.

CAHeatStress2015

This poster contains the following information:

  • Steps to Preventing Heat Stress according to Cal/OSHA
  • Symptoms of Heat Exhaustion
  • Symptoms of Heat Stroke
  • What to do for Heat-Related Illness

California’s heat illness prevention regulation requires employers with outdoor workers to take the following four steps to prevent heat illness:

  • Plan – Develop and implement an effective written heat illness prevention plan that includes emergency response procedures.
  • Training – Train all employees and supervisors on heat illness prevention.
  • Water – Provide drinking water that is fresh, pure, suitably cool and free of charge so that each worker can drink at least 1 quart per hour, and encourage workers to do so.
  • Shade – Provide shade when workers request it and when temperatures exceed 80 degrees. Encourage workers to take a cool-down rest in the shade for at least five minutes. They should not wait until they feel sick to cool down.

Cal/OSHA urges workers experiencing possible overheating to take a preventative cool-down rest in the shade until symptoms are gone. Workers who have existing health problems or medical conditions that reduce tolerance to heat, such as diabetes, need to be extra vigilant. Some high blood pressure and anti-inflammatory medications can also increase a worker’s risk for heat illness.

In addition to the other requirements outlined in California’s heat illness prevention regulation, it is crucial that supervisors are effectively trained on emergency procedures in case a worker does get sick. This helps ensure sick employees receive treatment immediately and that the symptoms do not develop into a serious illness or death.

Cal/OSHA’s Heat Illness Prevention special emphasis program, the first of its kind in the nation, includes enforcement of heat regulations as well as multilingual outreach and training programs for California’s employers and workers. Online information on heat illness prevention requirements and training materials are available on Cal/OSHA’s Heat Illness Prevention web page and the Water. Rest. Shade. campaign site. A Heat Illness Prevention e-tool is also available on Cal/OSHA’s website.

For indoor workers in California, All In One Posters has also put together a California Indoor Heat Stress Poster seen below. This poster was created in response to a bill that was signed by Governor Brown in which section 6720 was added to SB 1167 to add protection for indoor workers against indoor heat.

All in One Posters - California Heat Illness Prevention for Indoor Working Environments

On-the-job heat exposure is a risk during operations involving high air temperatures, radiant heat sources, high humidity, direct physical contact with hot objects, or strenuous physical activities. Affected workplaces may include foundries, brick-firing and ceramic plants, glass products facilities, rubber products plants, electric utilities, commercial kitchens, laundries, chemical plants, and smelters.

OSHA emphasizes that while thousands of workers become sick each year from occupational heat exposure, the illnesses and deaths that can result are preventable.

All in One Poster Company designed the California Heat Illness Prevention for Indoor Work Environments to address this problem. Our poster contains steps to prevent heat illness, types of heat illnesses and treatments, and steps that both employees and employers can take to address this issue and create a plan of action.

New York State Clean Indoor Air Act Includes Vaporizers and E-Cigatrettes

WHAT WAS ADDED: As of November 22, 2017, legislation has included electronic cigarettes, vaporizers, and similar devices to the Clean Indoor Air Act, which bans their use everywhere that smoking tobacco products are prohibited.

BACKGROUND: Effective July 24, 2003, the amended New York State Clean Indoor Air Act (Public Health Law, Article 13-E) prohibits smoking in virtually all indoor public areas including workplaces, restaurants and bars.

WHERE IS SMOKING PROHIBITED
Public Health Law, Article 13-E, Section 1399-o states that smoking shall not be permitted and no person shall smoke in the following indoor areas:

  • Places of employment;
  • Bars and Restaurants;
  • Enclosed indoor swimming areas;
  • Public transportation including all ticketing, boarding and waiting areas; buses, vans, taxicabs and limousines;
  • All places of employment where services are offered to children;
  • All schools, including school grounds;
  • All public and private colleges, universities and other educational and vocational institutions;
  • General hospitals;
  • Residential health-care facilities, except separately designated smoking rooms for adult patients;
  • Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
  • All indoor arenas;
  • Zoos; and
  • Bingo facilities.

WHERE IS SMOKING PERMITTED
Smoking is permitted in the following areas or businesses:

  • Private homes and private residences when not used for day care; private automobiles;
  • Hotel or motel rooms rented to one or more guests;
  • Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
  • Membership associations where all duties related to the operation of the association are performed by volunteers who are not compensated in any manner;
  • Cigar bars in existence prior to January 1, 2003 (where 10% or more of total annual gross income is from the sale of tobacco products); and
  • Up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated smoking areas.

POSTING OF SIGNS
Public Health Law, Article 13-E, Section 1399-p Posting of Signs

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained where smoking is regulated (prohibited or permitted) by this article, by the owner, operator, manager or other person having control of such area. ALL IN ONE POSTER COMPANY offers a NO SMOKING and NO VAPING COMBINATION SIGN that may be used in accordance with the amendment to the law that now includes electronic cigarettes, vaporizes, and similar devices.

VIOLATION AND PENALTY
The enforcement officer for a city or county health department can assess a penalty of up to $1,000 for each violation. In areas where the State Health Department is the enforcement officer, a fine of up to $2,000 may be assessed.

New Jersey Statewide Earned Paid Sick Leave Law begins October 29, 2018

Law Preempts Local Sick Leave Ordinances

A new law will generally require New Jersey employers to provide earned paid sick leave to each employee in New Jersey beginning October 29, 2018. Notably, the law preempts all local sick leave ordinances. The following chart summarizes the law and its requirements.

Which Employees and Employers Are Covered? All employers and paid employees in New Jersey.
Must an Employer Compensate Leave? Yes. An employer generally must pay an employee for earned sick leave at the same rate of pay with the same benefits as he or she normally earns. However, an employee is generally notentitled to payment of unused earned sick leave upon termination, resignation, or retirement.
How Much Leave May an Employee Accrue and Use? 40 hours
Which Life Events Qualify for Leave?
  • Mental or physical illness or injury of an employee or his or her family member.
  • Attending certain meetings or events for a child’s education or care.

 

Additional requirements and exceptions apply. Click here to read the new law.

New Jersey Equal Pay Law Takes Effect July 1, 2018

Law Effective July 1, 2018

A new state law expands coverage of existing law to prohibit discrimination in wages on the basis of any protected class. Highlights of the law include the following.

Prohibited Employer Actions
Under the new law (applicable to employers of all sizes), an employer may not pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, that is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility.

In addition, an employer who is paying a rate of compensation in violation of the new law may not reduce the compensation of any employee to comply with the law.

Exceptions
An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority or merit system, among other exceptions.

The law takes effect on July 1, 2018Click here to read the new law, which includes additional exceptions.

Background
Current New Jersey law prohibits employers from discriminating in any job-related action, including (among other things) compensation and the terms, conditions, and privileges of employment on the basis of any of the law’s specified protected categories (e.g., race, creed, color, national origin, nationality, ancestry, age, and sex).

As of today, no poster revisions or requirements have been released. All In One Posters will be monitoring future developments.

Originally posted by HR360

California Immigrant Worker Protection Act (AB 450) Template Now Available

California – Assembly Bill 450, signed by Jerry Brown on October 5, took effect January 1, 2018 and adds new provisions to the Government Code. To help employers comply with the notification and posting requirement, the bill required the Labor Commissioner to create a template by July 1, 2018 and is now available. Click HERE, then click on California to view and download the Notice of Inspection of I-9 Employment Eligibility Verification Forms.

What Employers Need to Know

1.) Beginning January 1, 2018, both public and private employers (and their agents) are prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant.

2.) The law also prohibits employers (or their agents) from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order.

Employers Must Post New Notice on July 1, 2018

3.) Employers will have to post to current employees a notice of inspection of Form I-9 (and any other employment records) by an immigration agency within 72 hours of receiving the federal notice of inspection, in the language the employer normally uses to communicate employment information.

4.) Employers, upon reasonable request, must also provide an affected employee (employees identified by the immigration agency as ones who may lack work authorization) with a copy of the notice of inspection of Form I-9s.

Immigration Inspection Deficiency Notice

5.) After an inspection, employers will have to provide the affected employee and the employee’s authorized representative a copy of the written immigration agency notice (the “Notice of Suspect Documents” or NSD) within 72 hours of receipt, including the result of such inspection if an employee is impacted, and obligations of the employee and employer as a result. This notice must be hand-delivered if possible, otherwise by mail and email, and should contain:

  • A description of any deficiencies identified in the notice;
  • The time period for correcting deficiencies;
  • The time and date of any meeting with the employer to correct deficiencies;
  • Notice that the employee has the right to representation during any meeting scheduled with the employer.

Violation Citation and Fines

6.) The California Labor Commissioner or Attorney General has the exclusive authority to enforce these provisions and can impose penalties of $2,000 up to $5,000 for a first violation, and $5,000 up to $10,000 for each subsequent violation under the law.

For a list of Frequently Asked Questions, visit https://www.dir.ca.gov/dlse/AB_450_QA.pdf

Department of Labor Cites GA Roofing Contractor For Exposing Employees to Fall Hazards, Proposes Penalties

BIRMINGHAM, AL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has again cited Jose A. Serrato, an independent roofing contractor based in Marietta, Georgia, for exposing employees to fall hazards at a worksite in Birmingham. The employer, who has been cited seven times in the past five years, faces $133,604 in proposed penalties.

OSHA conducted the investigation under the Agency’s Regional Emphasis Program for Falls in Construction, and cited Serrato for exposing employees to fall hazards of approximately 28 feet, and for failing to re-train employees who did not demonstrate the skills necessary to recognize fall hazards.

“Employers are responsible for ensuring their worksites are free of recognized hazards,” said Ramona Morris, OSHA Birmingham Area Office Director. “This employer has continually exposed employees to fall hazards by disregarding federal safety requirements.”

Serrato has 15 business days from receipt of its citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit http://www.osha.gov.

Displaying safety posters signify a commitment to compliance. Our Safe Lifting, Avoiding Slips, Trips, and Falls Poster can be used in conjunction with the required safety training for your employees.

New York Paid Family Leave: Updated Information for Employers

The state of New York has updated two provisions of its paid family leave guidance regarding deductions from employees’ wages and voluntary coverage. Highlights of the changes are presented below.

Wage Deductions
The 2018 payroll contribution is 0.126% of an employee’s weekly wage and is capped at an annual maximum of $85.56. If an employee earns less than the New York State average weekly wage ($1,305.92 per week), he or she will have an annual contribution amount less than the cap of $85.56, consistent with his or her actual weekly wages.

Click here for a calculator that provides an estimate of weekly employee deductions.

Voluntary Coverage 
A self-employed individual who has employees must obtain paid family leave coverage for such employees. The self-employed individual must opt in for both disability and paid family leave benefits and cannot opt in for only paid family leave.

Click here for additional information.

Background
New York has enacted a paid family leave policy, which is being phased into effect beginning January 1, 2018. It applies to employers of all sizes. When the law is fully phased-in over the next several years, employees will be eligible for 12 weeksof paid, job-protected leave when certain life events occur.

Click here for more information about the law.

Post an employee notice
A “Notice To Obtain” is included in our All In One Poster for the state of New York, and not the actual notice. Here is what you need to know with regards to obtaining it:

  • Your insurance carrier will provide you with a notice to employees (Form PFL-120) stating that you have Paid Family Leave insurance.
  • If you are self-insured, you can get this notice by contacting the NYS Workers’ Compensation Board at certificates@wcb.ny.gov.
  • Post and maintain this notice in plain view.

Originally posted by HR360

Maryland Releases Updated Sick and Safe Leave Poster and Model Policies Under Healthy Working Families Act

Maryland has released an updated poster and model policies regarding its sick and safe leave law, which is currently in effect. The newly updated poster will be included in our Maryland All-In-One posters beginning March 16, 2018. For customers who have already purchased 2018 Maryland posters earlier this year, you may download, print, and post this bilingual notice beside your existing poster.

Updated Poster and Model Policies
An employer must notify its employees that they are entitled to earned sick and safe leave under the law. The state has released an updated poster (in English and Spanish) for employer use. Additionally, model policies for employee handbooks or other employee benefits documents are available.

Note: These documents (as well as the FAQs discussed below) are intended to provide general guidance about the law’s requirements and may be subject to change. The state is expected to release final guidance documents in the future.

Updated FAQs and Additional Resources
The state has also released updated FAQs that address various topics (e.g., applicability, accrual, use, verification) regarding the sick and safe leave law.

Additional resources (including guidance and executive orders) are available by clicking here.

Background
Under the law, an employer with 15 or more employees generally must provide an employee with paid earned sick and safe leave, while an employer with 14 or fewer employees must (at least) provide an employee with unpaid earned sick and safe leave. The law does not apply to an employee who (among other things) regularly works less than 12 hours a week.

Originally posted by HR360

Proposed OSHA Rule for California Indoor Heat Illness Protection due January 1, 2019

On September 29, 2016, Governor Brown signed a bill that directs Cal/OSHA to create a regulation protecting employees of indoor workplaces from heat illness. Section 6720 was added to SB 1167 requiring that a proposed rule be submitted to Cal/OSHA Standards Board by January 1, 2019. The standard would apply to all indoor work areas where the temperature equals or exceeds 80 degrees Fahrenheit when employees are present.

In November 2015, the California Occupational Safety and Health Appeals Board has ruled in favor of Cal/OSHA’s citations against two employers because their Injury and Illness Prevention Programs (IIPP) failed to effectively address the hazard of indoor heat.

“This is the first case of indoor heat considered by the Appeals Board. In this case, the ruling affirms that California’s IIPP standard can be used to address hazards that the standard does not specifically identify, including indoor heat,” said Christine Baker, Director of the Department of Industrial Relations (DIR).

On-the-job heat exposure is a risk during operations involving high air temperatures, radiant heat sources, high humidity, direct physical contact with hot objects, or strenuous physical activities. Affected workplaces may include foundries, brick-firing and ceramic plants, glass products facilities, rubber products plants, electric utilities, commercial kitchens, laundries, chemical plants, and smelters.

OSHA emphasizes that while thousands of workers become sick each year from occupational heat exposure, the illnesses and deaths that can result are preventable.

All in One Poster Company designed the California Heat Illness Prevention for Indoor Work Environments to address this requirement. Our poster contains steps to prevent heat illness, types of heat illnesses and treatments, and steps that both employees and employers can take to address this issue and create a plan of action. Our easy-to-read, laminated poster is designed to supplement the mandatory training that will be required by the Cal/OSHA standard. It can also be used as a quick reference guide in preventing heat stress, heat exhaustion, heat stroke, or even death.

Our California Heat Illness Prevention for Indoor Work Environments Poster is available in both English and Spanish, and measures 24″ x 39″.

All in One Posters - California Heat Illness Prevention for Indoor Working Environments

Washington Paid Sick Leave Notification Form Now Available

Originally posted by HR360

Model Notice Now Available

Washington has released an employee paid sick leave notification form (“notice”) that is compliant with the state paid sick leave rules.

Notice Requirements
Employers must provide employees with a notice regarding their rights under the sick leave law. The notice may be provided in written or electronic form, and its contents must be made readily available to all employees.

For existing employees (already working before January 1, 2018), the notice must be provided no later than March 1, 2018. For new employees (hired on or after January 1, 2018), the notice must be provided no later than the commencement of employment.

Background
An employer generally must provide each of its employees paid sick leave at the greater of the increased minimum wageor the employee’s normal wage. An employee accrues at least one hour of paid sick leave for every 40 hours workedand may use paid sick leave for certain purposes.

Click here for additional paid sick leave information and resources (e.g., sample policies and FAQs). Additional notice requirements are available by clicking here.