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  • With the enforcement of the Occupational Safety and Health Administration’s (OSHA’s) “walkaround rule,” employers must be well-informed and prepared for the implications of this rule on their operations. This rule, set to take effect on May 31, 2024, empowers OSHA inspectors to be accompanied by third parties during onsite inspections. Continue reading for a comprehensive guide on what employers should know and do when an OSHA inspector arrives.

    Implications Of The Walkaround Rule

    The new Walkaround rule allows OSHA inspectors to be accompanied by union representatives, community activists, or any other third party considered necessary for the inspection. The following are key implications:

    • Involvement of third parties: Third parties, including union organizers, can join OSHA inspectors during an inspection and even wear union apparel, potentially impacting the dynamics of the inspection.
    • Limit on representatives: OSHA regulations limit the number of representatives who can accompany the inspector to one unless more are deemed necessary for the inspection.

    Safety And Liability Concerns

    Employers must also consider safety, liability, and confidentiality issues when third parties accompany an OSHA inspector:

    • Safety protocol: Employers must ensure third parties adhere to all safety protocols, such as wearing appropriate personal protective equipment (PPE).
    • Liability protections: Employers should protect themselves from tort liability by having non-employee representatives sign waivers of liability, especially in cases where they’re not covered by workers’ compensation.
    • Confidential information: Employers may need to address concerns regarding the protection of trade secrets and confidential information viewed during an inspection, possibly requiring third parties to sign nondisclosure agreements.

    Property Rights And Procedures

    Employers should also be aware of their rights and develop specific procedures for handling OSHA inspections, including:

    • Fourth Amendment rights: Employers should understand their rights under the Fourth Amendment and consider the need for a warrant or consent for the inspection to proceed.
    • Establish procedures: Employers should establish clear procedures for when an OSHA inspector arrives, including designating a representative to accompany the inspector and addressing conduct during the inspection.

    Preventing Interference With Inspections

    To ensure that the inspection proceeds smoothly and without interference, employers should take proactive measures, including the following:

    • Designate a representative: Designate a specific individual to meet the OSHA inspector and any accompanying third parties and join them during the inspection.
    • Prevent interference: Employers should prevent activities by third-party representatives that could interfere with the inspection, such as engaging in disruptive behavior or union solicitation.

    Prep Your Business For Success

    When navigating the complexities of OSHA inspections, business owners can benefit from the support of a professional employer organization (PEO) like GMS. At GMS, we understand you didn’t start your small business to spend countless hours on compliance and the administrative functions of your business.

    GMS works closely with your business to create a comprehensive risk management plan to keep your employees safe and your workers’ compensation rate down. These plans include a variety of workplace safety measures, including the following services:

    • Onsite consulting
    • Creation of workplace safety documentation and frameworks
    • Jobsite inspections
    • Job hazard analysis (JHA)
    • Development of standard operating procedures (SOP)
    • On-site and online training services
    • OSHA inspection assistance

    Be prepared when OSHA comes knocking on your door and partner with GMS. Get a quote today.

  • When it comes to creating a safe and productive workplace, ensuring the well-being of your employees is a top priority. Despite efforts to mitigate risks, workplace injuries still occur, resulting in harm to employees and inflicting significant financial burdens. The average settlement for a workers’ compensation claim is around $20,000, but this cost can vary based on the complexity of the injury. Shouldering a substantial portion of injury-related costs, employers bear the responsibility of providing workers’ compensation to employees injured on the job.

    Since most incidents are preventable, investing in enhanced occupational health can minimize the occurrence of workplace injuries and reduce associated costs. By implementing safety protocols and providing hazard identification and prevention training, you can control risks and establish a safer work environment.

    As a small business owner, you hold the power to prevent injuries in your workplace and cut down on worker’s compensation costs. Improving occupational health not only protects your employees from harm but also aids in securing your business’s financial stability.

    What Is Occupational Health?

    Occupational health focuses on keeping workers safe and healthy while on the job. It refers to the care for workers’ overall well-being, including their physical, mental, and social health, across all professions. This requires attention to a wide range of tasks related to health and safety, including detecting and addressing workplace hazards, as well as providing health education and training. Occupational health isn’t just about avoiding injuries at work; it’s also about supporting employees’ overall health and wellness. It’s crucial for you to take proactive safety measures and provide your workers with resources to care for their health.

    Understanding Workers’ Compensation

    Workers’ compensation aims to protect your employees and your business. Paid for by employers, workers’ compensation is a type of insurance that provides benefits for workers who are injured or become ill from their jobs. An employee must report their injury or illness to their employer and submit a claim to receive workers’ compensation benefits. These benefits typically cover medical expenses, replacement wages if employees can’t work due to injury, rehabilitation services, and compensation for permanent disabilities.

    Most states mandate employers provide workers’ compensation insurance; however, laws vary by state. Small businesses have the option to become self-insured or obtain workers’ compensation insurance through a third-party provider. If you live in a monopolistic state, you are required to purchase workers compensation insurance from a state fund. Although you can still choose to be self-insured, monopolistic states restrict employers from seeking third-party insurance options. As you consider your coverage options, you need to know your state’s specific requirements to support the well-being of your workers and assure compliance.

    How Occupational Health And Workers’ Compensation Are Related

    The relationship between occupational health and workers’ compensation is quite simple. While most incidents are preventable, overlooking occupational health can lead to more injuries on the job and an increase in employee claims. The frequency of claims filed directly impacts your cost for workers’ compensation.

    Properly paying attention to occupational health and workplace safety can prevent incidents and, therefore, lower your workers’ compensation rates in the long run. The following components you should consider to improve your business’s occupational health strategy:

    Early intervention and prevention

    When it comes to health and safety, it’s always best to be proactive. Catching hazards early on can prevent incidents from occurring, reducing the number of claims filed. By frequently conducting risk assessments, you can help mitigate workplace hazards and safeguard your workforce. In addition, it’s essential to track patterns in the injuries that occur to identify and address areas that need improvement. Remaining vigilant and noting trends prompts early intervention to prevent incidents before they happen.

    Injury and illness management

    If an incident occurs, it should be reported and documented immediately to ensure the injured or ill employee receives prompt care. Effective treatment and rehabilitation programs can help employees recover quicker and return to work sooner, resulting in lower workers’ compensation costs. When employees return to work, support them by providing accommodations, such as adjusting schedules or assigning lighter duties, as needed to encourage a smooth transition. Return-to-work programs can also assist in reintegration, backing employees as they recover and return to their roles at work.

    Long-term health and wellness

    To promote employee health, small business owners should consider how they can support comfort and wellness and their workplace. Disregarding the ergonomic element of workstations and equipment can negatively affect employees’ long-term health, potentially leading to more claims. You can treat this by ensuring employees are comfortable and aren’t experiencing excessive strain while doing their jobs. In addition, health and wellness programs, such as mental health support, biometric screenings, disease management, and more, can make a difference. These initiatives can encourage employees to prioritize their well-being and develop healthier lifestyles, minimizing the likelihood of injury or illness.

    The Benefits Of Integrating Occupational Health In Workers’ Compensation Management

    Making occupational health a part of your workers’ compensation management strategy benefits your workforce and your business. Investing in proper health and safety initiatives for your employees boosts morale, saves money, and gives your business a positive reputation. Your commitment to improving occupational health shows your employees you care, instilling confidence and promoting productivity. It also helps prevent workplace injuries and illness, keeping your employees safe and reducing workers’ compensation claims. In today’s competitive market, having a strong focus on occupational health sets your business apart and attracts top talent. Your workers’ compensation rates benefit from creating a workplace where employees feel safe and confident performing their jobs.

    Workplace Safety And Workers’ Compensation Management With GMS

    Maintaining all aspects of occupational health can be challenging for a small business owner. If you need help managing your workplace safety strategy, partner with a professional employer organization (PEO) like GMS. We have safety experts who can provide advice and help you identify potential risks in your workplace. We also offer comprehensive training courses that educate you on ways to prevent injuries and support a culture of safety.

    In addition to providing workplace safety services, GMS can help you save money on workers’ compensation insurance. We partner with businesses to manage workers’ compensation insurance rates and protect them from costly claims. Overseeing the claims management process, GMS helps with reporting, investigations, claims certifications, and more. Our strategies for cost containment and loss prevention can also assist in managing workers’ compensation rates.

    GMS is committed to supporting you in prioritizing your employees’ well-being and providing appropriate coverage. Contact us today to learn how to navigate workers’ compensation insurance options and find the best solution for your business!

  • Recently, the U.S. Department of Labor (DOL) has taken a stand against workplace safety violations by suing a Georgia pesticide and agricultural chemical manufacturer. The lawsuit alleges that the company illegally terminated a worker who had filed a workplace safety complaint with federal regulators, shedding light on the crucial issue of employee protection and the cost of speaking up for safety.

    Allegations And Retaliation

    The DOL filed the suit against Gainesville-based Avenger Products LLC and its parent company, Kittrich Corp, citing the wrongful termination of an employee who had raised concerns about chemical exposures in the workplace. This move comes after a federal whistleblower investigation by the Occupational Safety and Health Administration (OSHA) uncovered the alleged retaliation against the worker for voicing safety apprehensions.

    OSHA’s Assistant Regional Administrator in Atlanta emphasized the impact of employer retaliation on employees’ willingness to engage with federal safety investigators. She stated that it creates a chilling effect that hampers the cooperation necessary for ensuring workplace safety.

    Legal Action And Consequences

    The lawsuit filed by the DOL seeks justice for the terminated employee by demanding back pay, compensatory and punitive damages, and damages for emotional distress from Avenger Products. It’s a strong message to employers who disregard their employees’ rights and prioritize their own interests over the well-being of their workforce.

    In addition, the DOL highlighted the company’s troubling history of workplace safety violations over 20 years, with proposed penalties totaling $254,189 between June 2018 and December 2019. These repeated violations underscore the urgency of addressing the company’s disregard for safety protocols and the need for accountability in safeguarding employees.

    How A PEO Can Help

    To ensure your business doesn’t make the same mistakes as Avenger Products LLC, consider partnering with a professional employer organization (PEO). A PEO like GMS offers various services; however, in this instance, it can help business owners prevent cases of workplace safety violations, employee lawsuits, and compliance issues. This strategic partnership mitigates the risk of costly lawsuits and ensures a focus on essential business operations. Ultimately, gaining access to the expertise and resources of a PEO empowers business owners to proactively safeguard their workforce and maintain a compliant, secure, and efficient work environment. Contact our safety team today to learn how we can make your business simpler, safer, and stronger.

  • On average, employers report nearly 2.8 million cases of nonfatal injuries and illnesses among employees annually. Whether it’s a slip in the hallway or an equipment malfunction, accidents happen, and taking a proactive approach is crucial in safeguarding your employees and business.

    While worker safety programs with regular training and protocols are important, workers’ compensation insurance is one of the most essential tools to utilize. In fact, in every U.S. state except Texas, having workers’ compensation insurance is not only best practice but also the law. The consequences of being caught without coverage can lead to severe legal issues for your business, including possible shutdown.

    While we can give you a general overview of workers’ compensation, it’s crucial to note that every state in the U.S. and Washington D.C. has its own program, each with specific requirements and regulations. This means it’s not only a recommendation but it’s also a necessity to check and understand your local laws to protect your business. By doing so, you can ensure full compliance and avoid potential legal issues down the line.

    What Is Workers’ Compensation?

    Workers’ compensation is a type of insurance that provides comprehensive benefits to workers who become injured or ill on or as a result of the job. This insurance offers quick help to cover medical expenses related to the injury, rehabilitation costs, and lost wages during the period an employee is unable to work.
    While regulations vary by state, employers generally accept liability for work-related injuries and illnesses regardless of fault. In return, employees receive prompt and guaranteed compensation for their injuries while giving up the right to sue their employer for negligence. This system not only protects your employees but also provides a safety net for your business, ensuring that you can continue operations even in the face of unexpected accidents or illnesses.

    What Does Workers’ Compensation Cover?

    Workers’ compensation can cover a variety of needs, including salary replacement. Salary replacement can be particularly helpful when an employee needs to take a significant amount of time off work. However, typically, it covers less than an employee’s full salary, usually around two-thirds.

    In addition, workers’ compensation can include the following:

    • Medical expense coverage: Most plans provide reimbursement for health care costs, including, but not limited to, emergency room visits, surgical procedures, and medication.
    • Continuous support: Should an injury or illness require long-term care, such as occupational or physical therapy, due to a work-related incident, workers’ compensation may cover these needs.
    • Repetitive stress injuries: Conditions such as carpal tunnel syndrome, often seen in employees involved in continuous typing, develop over months or even years. Most workers’ compensation will cover injuries or conditions resulting from repetitive tasks.
    • Disability assistance: In cases where an injury permanently incapacitates an employee, workers’ compensation offers financial support similar to wage replacement. Both disability assistance and salary replacement help cover medical expenses and compensate for lost wages. The difference is salary replacement is for employees who can return to work after healing, and disability assistance is for those unable to resume their roles.
    • Benefits for survivors: In the unfortunate event of an employee’s death from a work-related injury or illness, workers’ compensation provides financial assistance to the dependents and may also cover funeral expenses.

    Employer Responsibilities

    As an employer, you’re responsible for providing adequate and compliant coverage for your team. When looking into your coverage options, there are several factors to consider, including which industry you work in. Sectors known for their high-risk environments, such as manufacturing or nursing, typically require more comprehensive coverage and are subject to higher premiums compared to other industries. In addition, it’s important to consider how many employees you have and what you are legally required to provide based on your state.

    Your legal obligations extend beyond just providing insurance; you’re responsible for accurately documenting and reporting incidents. In the event of a workplace injury, your first responsibility is to ensure the injured employee receives necessary medical attention. This may involve calling emergency services for severe injuries or providing transportation to a medical facility for evaluation and treatment.

    Once your employee has received medical attention, it’s crucial to document the incident thoroughly. This documentation should include details about how the injury occurred, the nature of the injury, and the time and place of the incident. All this information should be included in the First Report of Injury (FROI) and sent to your claims representative. In most cases, this needs to be done within 24 hours of the incident or from when an employee seeks medical attention. Failure to do so will result in substantial fines and leave your business open to lawsuits from the injured employee.

    Workers’ compensation can get expensive, especially if you’re in a high-risk industry. Creating a culture where safety is a priority and claims management is taken seriously is crucial to combat costs and prevent injuries

    Protect Your Business With GMS

    Workers’ compensation can be a costly expense, especially for small businesses. Partnering with a professional employer organization (PEO) like GMS can help save money and prevent your workers from being injured on the job. At GMS, we approach workers’ compensation in two ways: cost containment and loss prevention.

    Cost containment

    You may not be a Fortune 500 company, but when you partner with GMS, you’ll gain access to a risk management team that gives you Fortune 500 service. We do this by minimizing your exposure, helping you keep records, and completing other crucial best practices that keep your business compliant with OSHA.

    Loss prevention

    Our loss prevention strategies include risk assessments, safety training, the development of safety manuals and guidelines, workplace inspections, and OSHA compliance. GMS will work with you to reduce the risk of workplace accidents so that your business has fewer, less severe claims over time. If an incident does occur our partnership with CarivaCare provides our clients with 24/7 access to a workers’ compensation nurse triage program. This program offers employees a neutral, third-party medical professional to report any injuries on the job.

    Contact us today, and let us help you offer your employees the best coverage while saving your company time and money.

  • When employees come to work, they want to feel confident in their surroundings and know that their safety is prioritized. In fact, 89% of Americans have determined workplace safety to be more important than ever. Workplace safety isn’t just a box to check; it’s the foundation for building an environment where employees feel secure and takes ongoing effort to maintain. Establishing safety protocols is critical to developing a culture of trust, respect, and responsibility, supporting employee satisfaction and business success and maintaining legal compliance.

    Safety laws and regulations help ensure employee well-being and empower them to effectively perform their duties without fear of injury or illness. Regulations concerning safety also help to preserve company equipment and property by requiring regular maintenance and inspections. Whether it’s operating heavy machinery, handling hazardous materials, or navigating busy workspaces, having up-to-date safety protocols reduces the chance of work-related injuries and safeguards your business. No matter the size of your business, guidelines are necessary to maintain optimal conditions for employee safety and productivity.

    To create a workplace where employees feel confident in their safety, it’s crucial to identify vulnerabilities, understand how to prevent accidents, and promote a practice of safety.

    Understanding Workplace Risks

    In order to prepare for and prevent workplace accidents, it’s necessary to first understand the risks and vulnerabilities associated with your working environment. While working conditions vary by industry, there are common hazards such as slips and falls, exposure to hazardous chemicals or machinery accidents to be aware of and plan for.

    In addition to physical risks, as a business owner, you have legal and ethical obligations to ensure your staff’s safety. Failure to meet these standards not only puts employees at risk, but can also lead to reputational harm, costly fines, and penalties. To implement the proper protocols and remain compliant with safety laws, you must understand the risks your work environment presents and anticipate possible incidents.

    Proactive Measures

    It is best to treat and prepare for accidents before they arise. The first step in taking a proactive approach to workplace safety is to conduct thorough risk assessments that can help identify potential hazards. The Occupational Safety and Health Administration (OSHA) recommends each workplace create a checklist of potential hazards, pertaining to categories such as electrical systems, equipment operations, fire protection, and more.

    Furthermore, analyzing past incidents can help identify patterns and provide valuable insights into recurring issues and areas for improvement. To assure your business is actively reducing risks to employee safety, make sure you are taking the following precautions:

    Establish safety protocols and procedures

    Once possible hazards and risks have been identified, it’s vital to implement safety protocols and procedures that address the detected vulnerabilities. Safety guidelines should be documented and clearly communicated to employees. Making safety protocols easy to access supports employees in understanding the practices and swiftly locating them during emergencies. In addition, regularly review and update your protocols to keep up with evolving safety regulations and industry standards.

    Provide training and education programs

    To aid in enforcing protocols, comprehensive workplace safety strategies should include training and education in how to avoid accidents, handle equipment, and respond to emergencies. Providing safety training to all employees helps keep them aware of risks and everyone understands their role in maintaining a safe work environment. Research shows employees are 68% more likely to follow protocols when employers offer at least 20 hours of annual safety training. Along with general safety education, specialized training should be offered to any employee required to complete high-risk tasks.

    Supply necessary safety equipment

    Providing the appropriate safety equipment is critical to employees’ well-being. While hazards differ depending on the working environment, personal protective equipment (PPE) offers defense against many risks. From construction sites to health care facilities, PPE includes helmets, gloves, goggles, earplugs, respirators, and more. To uphold proper protection, safety equipment should be regularly maintained and inspected for any malfunctions. It’s also important to keep up with changing standards for safety equipment to guarantee employees have the best protective gear available.

    How To Create A Culture Of Safety

    In addition to following documented standards and protocols, your company’s overall mindset around safety and communication is also a key factor in protecting employees and equipment. Over half of Americans believe their employers’ communication regarding safety needs improvement. Beyond simply adhering to established guidelines, it’s imperative to cultivate a culture that prioritizes safety and promotes open communication.

    Leadership commitment to safety

    To boost buy-in and morale amongst employees, your company’s leadership must demonstrate their commitment to the health and safety of the team. Leaders can set a positive example concerning safety through their actions and decisions. When leaders actively engage in safety protocols, such as wearing PPE, they set the standard for others to follow. Investing in training, upgrading equipment, and allocating resources also displays dedication towards maintaining a healthy and safe work environment.

    Encourage employee involvement and open communication

    Reporting near misses should be encouraged as it allows you to identify potential hazards and address them before they escalate into more serious incidents. To foster open communication within the workplace, it’s essential to make employees feel comfortable sharing safety-related information without fear of reprisal. Promptly handling safety concerns also shows devotion to employee well-being and reinforces trust between management and staff.

    Monitor and show continuous improvement

    Maintaining effective workplace safety requires consistent effort. Conduct regular safety audits and inspections to identify potential hazards and deficiencies in existing safety protocols. Diving into past incident reports to find issues that may have been originally overlooked. By consistently refining safety procedures, you can enhance workplace safety and create a safer environment for all employees.

    Stay Safe By Partnering With A PEO

    A professional employer organization (PEO) can equip your business with the necessary resources and expertise to implement effective workplace safety protocols. When you partner with a PEO like GMS, you have access to safety experts who can offer professional advice and various services to guarantee compliance and protect your employees. We also offer courses and training to assist you in reducing workplace injuries and enhancing safety practices.

    Our experts can help make your safety practices not only compliant but also tailored to the unique needs of your business. Contact us today to start improving your employees’ health and safety!

  • In response to increasing concerns over workplace safety, California’s Governor Gavin Newsom signed Senate Bill 553 (SB 553) into law, a significant step towards ensuring a safer work environment for all employees. This new legislation, effective July 1, 2024, mandates all employers establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). SB 553 underscores the state’s commitment to enhancing workplace safety by requiring employers to proactively address and mitigate the risks associated with workplace violence.

    Empowering Cal/OSHA

    The California Division of Occupational Safety and Health (Cal/OSHA) enforces the requirements outlined in SB 553, which are now codified in California Labor Code Section 6401.9. This puts the responsibility for compliance and enforcement in the hands of a dedicated regulatory body.

    Cal/OSHA published a Model WVPP, similar to existing models such as the Injury and Illness Prevention Plan (IIPP) and COVID-19 Prevention policy. Model WVPP serves as a valuable resource for employers, specifically designed to aid employers in formulating their own customized workplace violence prevention plans. While not mandatory, the Model WVPP offers a structured framework that employers can adopt as a template for their individualized plans.

    The Model WVPP provides a comprehensive set of questions and examples, enabling employers to conduct a thorough risk assessment of their workplaces. This empowers employers to identify potential risks and tailor their prevention plans accordingly.

    Navigating Requirements

    Cal/OSHA has also released a Fact Sheet for Employers, offering a clear overview of the requirements set forth by SB 553. The fact sheet provides an overview of the following criteria:

    • Creating a workplace violence prevention plan
    • Maintaining a violent incident log
    • Employer responsibilities in workplace violence record keeping 
    • Training employees on workplace violence 

    By providing detailed guidance on the essential components of compliance, the fact sheet equips employers with the necessary knowledge to navigate the intricate landscape of workplace violence prevention.

    The Assistance Of A PEO

    As the implementation date for SB 553 draws closer, California business owners are seeking reliable support to ensure compliance with new WVPP requirements. This is where a professional employer organization (PEO) like Group Management Services (GMS) comes into play. PEOs offer tailored expertise in HR solutions, including specialized guidance on workplace safety protocols and regulatory compliance. By partnering with GMS, California business owners can tap into tailored support for developing and implementing effective WVPPs, ultimately creating a safer and more secure work environment for their employees. Are you interested in learning more? Contact our safety experts today.

  • In a recent turn of events, a California appeals court has fast-tracked the enforcement of new regulations under the California Consumer Privacy Act (CCPA), requiring small business owners in California to swiftly adapt to the evolving compliance landscape. This decision signifies immediate enforcement of new CCPA regulations, emphasizing the urgency for businesses to align with the updated compliance requirements. This ruling eliminates the previously anticipated grace period, necessitating proactive measures to safeguard businesses from potential compliance breaches and associated risks.

    Brief Background

    New CCPA regulations initially took effect in March 2023, but regulators built in a grace period to start enforcement on July 1, 2023. However, a California court delayed enforcement until March 29, 2024, creating a temporary reprieve for businesses. The California Privacy Protection Agency and the California Attorney General appealed this decision, resulting in the recent ruling that allows immediate enforcement of the regulations.

    Your Compliance Blueprint

    Small businesses must promptly initiate a comprehensive compliance plan to navigate this regulatory shift effectively. The following are essential steps to ensure CCPA compliance:

    1. Acknowledging existing CCPA requirements: While focusing on adapting to the new regulations, it’s crucial to remember that certain CCPA provisions have been in effect since January 1, 2020.

    2. Audit and update contracts: Review and update contracts with service providers, vendors, and third parties to ensure alignment with CCPA requirements for data processing and storage.

    3. Updating notices for employees: Provide updated notices to job applicants and existing employees to comply with CCPA regulations concerning data privacy.

    4. Refreshing privacy policies: Regularly update your privacy policies to reflect the latest CCPA regulations, ensuring transparency and compliance with customer data protection standards.

    5. Evaluating the website’s cookie compliance: Ensure that your website’s cookie banner and management tools adhere to CCPA guidelines, considering the collection of personal information from visitors.

    6. Enhancing CCPA rights’ requests processing: Align your processes with the revamped requirements for receiving and addressing CCPA rights’ requests, emphasizing compliance and responsiveness.

    7. Assessing ‘Dark Patterns’ on your website: Evaluate your website for any “dark patterns.” A dark pattern is a user interface that has been carefully crafted to trick users into doing things, such as buying overpriced insurance with their purchase or signing up for recurring bills. This ensures that user autonomy and decision-making are not compromised in accordance with CCPA regulations.

    Anticipating The Future Impact

    While the immediate impact of the accelerated enforcement may not heavily affect most businesses, it underscores the need for proactive compliance measures. In addition, the ruling’s implications on future agency rulemaking, particularly in regulating advanced technologies such as artificial intelligence (AI), emphasize the evolving nature of data privacy regulations.

    So, moving forward, small businesses in California must adapt to the accelerated enforcement of CCPA regulations, emphasizing the need for proactive compliance measures to mitigate potential risks and ensure adherence to consumer data privacy standards. Have you considered partnering with a professional employer organization (PEO)? A reputable PEO like GMS can provide tailored guidance, robust compliance frameworks, and comprehensive resources to help businesses effectively address the complexities of data privacy regulations.

    When you partner with GMS, business owners can access specialized expertise, streamline compliance efforts, and fortify their data protection strategies, empowering them to navigate the evolving regulatory landscape with confidence and focus on driving business success. Contact us today to learn more.

  • The Occupational Safety and Health Administration (OSHA) has sent its proposed walkaround rule to the White House for final approval. This sparked a contentious debate about the rule’s potential impact on workplace inspections and the involvement of third parties, including union members, in these inspections. This move has drawn both support and criticism from various stakeholders, setting the stage for a heated discussion on the future of workplace safety regulations in the U.S.

    The Proposed Rule

    The proposed walkaround rule aims to expand the participation of third parties, such as union members, in OSHA inspections. Under the current regulation, walkaround representatives must be employees. However, the new rule would grant OSHA inspectors the authority to determine whether a third party, including a labor union member, should be allowed to participate in the walkaround.

    According to the proposal, the rule would permit “a multitude of third parties” to serve as representatives authorized by employees for the purpose of OSHA walkaround inspections. This could include worker advocacy organizations, labor organization representatives, consultants, or attorneys with relevant experience interacting with government officials.

    Legal And Political Implications

    The proposed rule has raised concerns among lawmakers and legal experts. House Education and the Workforce Chairwoman Virginia Foxx expressed apprehension about the potential legal challenges the new rule might create. She warned that the lack of clear guidance on how judgment calls are made could introduce uncertainty and weaken the existing walkaround rule for political gain.

    This issue is further underscored by the fact that the Obama administration previously implemented a similar rule, but it was rescinded by the Trump administration. Some speculate that the proposed rule may face legal challenges because it appears to align with pro-union policies.

    Impact On Workplace Dynamics

    One of the key points surrounding the proposed rule is its potential impact on workplace dynamics. Proponents argue it could open opportunities for promoting union organizing and provide unions access to unrepresented employees at their worksites. However, opponents fear the rule, if finalized, may undermine employer rights and lead to a proliferation of third-party involvement in inspections, potentially complicating the process for employers.

    How A PEO Can Help

    In this environment of evolving workplace regulations and heightened scrutiny of workplace safety, small business owners face increasing complexity in navigating compliance requirements while maintaining operational efficiency. So, let us introduce you to the world of a professional employer organization (PEO). Partnering with GMS, a PEO, you’re provided with expertise in HR management, regulatory compliance, and safety protocols. This allows business owners to stay on top of changing regulations, enhance workplace safety, and streamline their operations, allowing them to focus on their core business functions. Our safety experts are here for you every step of the way. Contact us today!

  • In the construction world, safety isn’t just about checking off an item on your list, it’s the most critical aspect of your business. Yet, even with all the precautions in place, tragedies still strike, reminding us of the real risks involved. Unfortunately, this was tragically reinforced in August 2023 when a worker lost their life due to an electrocution incident. Let’s dive into the details of this incident so construction businesses can take proactive steps to ensure this doesn’t happen to their staff.

    The Incident

    At a Palm Pay residential construction site, tragedy struck. A worker, suspended from a crane boom, came into contact with two 13,200-volt power lines. The result was fatal – an unimaginable loss that shook the community. The Occupational Safety and Health Administration (OSHA) swiftly investigated the incident, uncovering serious violations.

    Citations And Violations

    Capt’n Hook’s Crane Service Inc., a Florida-based crane rental company, was cited by OSHA for the following violations:

    • Uncertified crane operator: The company employed an uncertified crane operator. Crane operators play a pivotal role in ensuring safety during lift operations. Proper certification ensures competence and adherence to safety protocols.
    • Operating near overhead power lines: Operating a hydraulic crane within 200 feet of overhead power lines is risky. The proximity to high-voltage electricity poses an immediate danger to both workers and the public, which Capt’n Hook’s Crane Service Inc. failed to observe.
    • Other-than-serious violations: The company also failed to label and mark rigging equipment, failing to ensure the legibility of warning labels on the crane.

    OSHA proposed a hefty penalty of $26,585. This financial consequence serves as a stark reminder that safety lapses have real-world costs.

    Lessons Learned

    1. Certification matters: Employing certified professionals ensures competence and adherence to safety standards. Companies must prioritize proper training and certification for all personnel.
    2. Safety zones are non-negotiable: The 200-foot buffer around overhead power lines exists for a reason. It’s not a suggestion; it’s a mandate. Companies must rigorously enforce this safety perimeter.
    3. Attention to detail saves lives: From labeling rigging equipment to maintaining legible warning labels, every detail matters. These seemingly small actions can prevent catastrophic accidents.

    Safety First With A PEO

    As we learn about this fatal accident, let’s collectively commit to a safer future. As a business owner, take a proactive approach to workplace safety and partner with a professional employer organization (PEO) like GMS. GMS’ safety experts provide a wealth of knowledge and offer various services to ensure your workplace is compliant and your workers are protected. From job site inspections and OSHA citations and assistance to training and everything in between, our experts are here to make your workplace a safer place. Don’t make the same mistake that Capt’n Hook’s Crane Service Inc. did; contact us today!

  • Workplace safety and health hazards are serious concerns that can significantly impact employees and a company’s overall operations. Recently, Dana Container, a transportation company in New Jersey, has come under scrutiny for repeatedly failing to address safety hazards, resulting in hefty fines imposed by the Occupational Safety and Health Administration (OSHA).

    Background

    Dana Container, located in Paulsboro, New Jersey, has been facing a substantial fine of $437,860 from OSHA due to various workplace safety and health hazards involving chemicals. The investigation was initiated in July 2023 following an employee complaint highlighting significant safety and health deficiencies within the company.

    The OSHA investigation revealed several violations, including a willful violation for the improper maintenance of safety data sheets for chemicals, such as corrosives. In addition, the company was cited for three repeat violations, including failure to update container labels, inadequately maintained eyewash stations, and a lapse in conducting medical evaluations for workers before respirator use. Dana Container had also been cited for similar violations in 2019 and 2023, indicating a recurring pattern of non-compliance.

    Furthermore, the company received four serious citations for failure to inspect hoists, establish a written hazard communication program, and ensure the fulfillment of safety requirements while using a lifeline fall protection system.

    The company has been given 15 business days to either comply with or contest the findings. Dana Container must rectify the identified safety and health hazards and implement robust measures to prevent their recurrence in the future.

    Importance Of Compliance And Accountability

    The repeated nature of these violations raises serious concerns about Dana Container’s commitment to ensuring the safety and well-being of its employees. Workplace safety is a legal obligation and is imperative for companies, especially those involved in transporting and handling hazardous materials.

    Ensuring a safe working environment is crucial for safeguarding the welfare of employees and preventing potential accidents or long-term health issues resulting from exposure to hazardous chemicals. In addition, non-compliance with safety regulations can tarnish the company’s reputation, leading to a loss of trust among employees, clients, and the public.

    Embracing A Culture Of Safety

    Dana Container should consider reevaluating its safety protocols, providing thorough training to employees on chemical handling and safety procedures, and implementing stringent measures to ensure compliance with OSHA regulations. This serves as a reminder of the importance of upholding workplace safety and health standards, particularly in industries dealing with hazardous materials.

    Consider partnering with a professional employer organization (PEO) like GMS to ensure the safety of your employees. GMS works with a wide variety of industries, including the transportation industry. As your transportation and logistics company grows, the administrative aspects of your business require more time and resources. Our safety experts help business owners take a proactive approach to workplace safety through various services. These strategies include:

    • Training
    • Job hazard analysis (JHA) and standard operating procedures (SOP)
    • Onsite consulting 
    • OSHA inspection and citation assistance
    • Jobsite inspections
    • Accident and injury investigations

    Contact us today to learn more!