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  • Employers are exploring how devices like smartwatches, rings, helmets, and other “wearables” can reduce injuries, boost performance, and track employee productivity. While these tools can yield significant benefits, they also carry legal risks if employers collect or use personal data in ways that violate anti-discrimination laws. Below, we’ll explore the key considerations and best practices for adopting wearables at work while staying compliant.

    Why Wearables Are On The Rise

    Nearly two-thirds of employees would be willing to use wearable devices if it helped them do their jobs better. From a smartwatch that monitors employee fatigue to an exoskeleton that relieves physical strain, wearables can drive tangible advantages:

    • Improved safety: By flagging early signs of fatigue or discomfort, wearables can prevent injuries in high-risk industries like construction and manufacturing.
    • Enhanced productivity: Smart glasses and helmets can deliver real-time instructions or detect errors on the line, reducing downtime.
    • Worker well-being: Many companies use devices to encourage healthy habits (step counting, heart rate monitoring, etc.) as part of broader wellness initiatives.

    But There’s A Legal Catch

    Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) warns that employers must tread carefully when using wearable devices that collect health or biometric data. Certain data collection may be considered a “medical examination” or “disability-related inquiry” under the Americans with Disabilities Act (ADA) – and the ADA has strict limitations on when, why, and how such examinations may occur.

    Potential ADA Pitfalls

    • Unintended medical exams:

    If your device tracks an employee’s heart rate, blood pressure, or other physical/mental conditions, you may be inadvertently conducting an ADA-governed “medical examination”.

    • Disability-related inquiries:

    If you require employees to explain certain health metrics or conditions revealed by the wearable, you could be making disability-related inquiries, permitted only under tightly defined circumstances (e.g., job-related and consistent with business necessity).

    • Data storage:

    The ADA mandates that any medical or disability-related data be stored separately from general personnel files and treated as confidential.

    Nondiscrimination Obligations

    Employers must also comply with other federal and state EEO laws, such as Title VII, the Pregnancy Discrimination Act, and the Genetic Information Nondiscrimination Act (GINA). For instance:

    • Unequal impact: If wearable data is less accurate for employees with darker skin, but you use that data to make adverse decisions, it may constitute unlawful discrimination.
    • Pregnancy or family health: Firing or reassigning a pregnant worker based solely on wearable-collected health data could lead to a discrimination claim.
    • Genetic information: Accidentally gleaning details about an employee’s family medical history can violate GINA if the information is used to make employment decisions.

    How To Adopt Wearables Responsibly?

    1. Define your purpose – then limit collection

    Ask yourself: Why am I using wearables? Is it purely safety-related (e.g., identifying high-risk behaviors), or is it also about wellness incentives? Nail down the rationale, then collect only the data points necessary to achieve that goal. Using a watch or band just to see if people are “working hard enough” can quickly cross into ADA or privacy minefields.

    1. Keep it voluntary or prove “business necessity”

    Most safety-related wearable usage in high-risk jobs can often be justified as job-related and consistent with business necessity. Otherwise, keep your program voluntary. When wearables are part of an optional wellness program:

    • Ensure it’s truly voluntary: Establish that there is no undue pressure or negative consequences if an employee opts out.
    • Offer an alternative: Provide a reasonable accommodation or alternate method for employees who can’t or won’t use the device.
    1. Protect confidential data

    Whether you’re collecting heart rate or geolocation, treat it like the sensitive information it is:

    • Segregate medical files: If the data is health-related, store it in separate medical files as mandated by the ADA.
    • Control access: Only authorized personnel (such as human resource (HR) or occupational health staff) should view personally identifiable health data.
    • Prevent illegal disclosures: Don’t share health metrics with managers responsible for promotions or discipline, unless there’s a strict, lawful need to know.
    1. Avoid disparate treatment

    Ensure that wearable policies apply across the board, or at least follow a clear, neutral standard (e.g., all forklift operators or all employees in a certain high-risk area). Requiring only one demographic group to wear a device could be discriminatory.

    1. Communicate openly about privacy

    Transparency fosters trust. Let employees know:

    • Exactly what data is being collected.
    • How it’s used (Safety metrics? Wellness incentives?)
    • Who sees it and why.
    • What their rights are if they have concerns or want to opt out, if applicable.

    In some states, like California, you may also need to provide formal notice outlining these details.

    Balanced Risk And Reward

    If done right, workplace wearables can be a powerful tool for:

    • Reducing on-the-job injuries
    • Boosting efficiency
    • Improving employee wellness

    But any data that touches health or biometric details is legally sensitive. The U.S. EEOC’s latest fact sheet underscores how crucial it is for employers to align wearable usage with anti-discrimination and disability accommodation laws.

    How GMS Can Help

    • Policy review and crafting: Our HR experts can design wearable device policies that comply with ADA, GINA, and state-specific laws.
    • Compliance training: We’ll train managers to avoid discriminatory practices, from collecting the wrong data to using metrics for improper reasons.
    • Secure data management: We’ll provide proprietary technology for storing health-related information confidentially and prevent unauthorized access.

    By partnering with Group Management Services (GMS), you’ll have a team that understands the complexities of workplace tech adoption. We’ll help you implement wearables in a way that safeguards employee privacy, reduces risk, and promotes a safe, productive environment.

    Contact GMS today to learn how our HR and compliance experts can keep you exploring wearable tech solutions safely.

  • Stay calm, stay compliant, and stay ready: Your step-by-step guide to handling OSHA inspections with confidence. 

    Don’t panic if you find an Occupational Safety and Health Administration (OSHA) inspector at your door. While unannounced inspections can be stressful, you’re not powerless. You’ve learned what triggers an inspection and how to prepare beforehand in the first two parts of this series. Now, we’ll focus on how to navigate the inspection process itself. By following the right steps, you can maintain a professional and compliant environment that keeps your employees and business protected. 

    Know Your Rights Before The Inspection Begins 

    When an OSHA compliance officer arrives, it’s important to know what you can and can’t do. For instance, you have the right to request the officer’s credentials, ask why they’re at your workplace, and determine the scope of the inspection. If the inspection results from an employee complaint, you can ask to see a copy of that complaint. Having a solid grasp of your rights helps ensure a fair and focused review of your operations. 

    Be Polite And Professional

     

    First impressions matter. Greet the OSHA officer politely and guide them to a comfortable waiting area while you notify your designated representative, whether it’s your facility manager, HR director, or safety officer, of their arrival. Don’t keep the inspector waiting unnecessarily. A courteous, respectful demeanor can set a constructive tone for the entire visit. 

    Control The Flow Of Information 

    While you should always answer questions truthfully, there’s no need to volunteer extra details. Respond directly to what the inspector asks without straying into unrelated territory. If the inspector requests specific documents (such as hazard communication programs, training logs, or incident reports), provide them promptly but do not overshare. Keep in mind that clarity and honesty go a long way, but unnecessary details can create confusion or additional scrutiny. 

    Limit The Scope Of The Inspection 

    You’re not required to give the inspector free rein of your entire facility. By designating a careful route and shutting down irrelevant operations, you can help focus the inspection on the area of concern. This approach keeps the inspector’s attention on key points and helps prevent them from wandering into unrelated areas where they might identify new issues. Just remember to remain cooperative and professional. 

    Be Prepared To Address Safety Hazards Immediately 

    If the inspector points out an obvious, easily correctable hazard during the walkaround, like a missing guardrail or improperly stored chemicals, fix it right away. Prompt remediation shows good faith and your commitment to safety and compliance. More complex issues may require additional time, but addressing simple fixes on the spot demonstrates responsiveness and can help mitigate potential penalties. 

    Accompany The Inspector Every Step Of The Way 

    Ensure that your designated representative, such as a supervisor or a Safety Manager, stays with the inspector during the walkaround. Take notes, snap your own photos, and record any measurements so you have the same records the inspector does. If employees are interviewed, managerial staff usually have the right to have an attorney present during managerial interviews. For non-managerial employees, however, the inspector may conduct interviews privately. 

    Stay Calm During The Closing Conference 

    At the end of the inspection, the OSHA officer will hold a closing conference to discuss any potential violations or concerns. This isn’t the time to argue aggressively or admit fault; remain calm, polite, and take notes. You’ll have opportunities later to contest citations if you believe they’re unjustified. If a simple correction can be made on the spot, do it. If not, outline a plan to address the issue thoroughly once you’ve had time to review all the details. 

    Follow Up After The Inspection

    Once the inspector leaves, meet with your team to debrief. Talk to any employees who were interviewed and review the inspector’s areas of focus. Use these insights to improve your safety culture, address any identified hazards, and review any compliance weaknesses. If OSHA issues citations, you have the right to contest them. Consider consulting with an attorney if you need help navigating the appeals process. 

    How GMS Can Help During And After An OSHA Inspection

    Navigating an OSHA inspection is easier when you have the right support. At Group Management Services (GMS), we have experienced HR professionals and compliance experts who can help your business take a proactive, organized approach: 

    • OSHA inspection and citation assistance: We support clients through OSHA investigations and the management/mitigation of OSHA citations. 
    • Policy and procedure guidance: We’ll ensure you have clear, accessible safety policies in place before inspectors arrive. 
    • Training and documentation support: GMS can help you maintain up-to-date safety training records, incident logs, and hazard assessments, making it easier to respond quickly and accurately to requests for documentation. 

    By partnering with GMS, you gain a knowledgeable ally who can help streamline your HR functions and create a safer, more compliant work environment. We handle HR and risk management, so you confidently run your business, even when OSHA comes knocking on your door. 

    Ready to make OSHA inspections less daunting? Contact GMS today to learn how our comprehensive services can support your compliance efforts and help ensure smooth inspections. 

  • Don’t wait until it’s too late. Take action now to ensure your workplace is prepared for OSHA inspections before they arrive.

    Workplace safety isn’t something that should be addressed only when an inspection is at your door. Being proactive is key to preventing violations and ensuring the well-being of your employees. In the first part of this series, we explored what triggers Occupational Safety and Health Administration (OSHA) inspections. Now, we’ll shift our focus to practical steps you can take to prepare well ahead of time, so that when an inspection occurs, you’re ready to face it with confidence rather than concern.

    Why Preparation Matters

    Just as you’d service machinery before it breaks down, it’s vital to address safety and compliance before OSHA comes knocking. Proactive preparation can help:

    • Prevent financial setbacks: Early improvements may cost less than hefty fines and emergency fixes.
    • Ensure employee well-being: A safer environment reduces the likelihood of serious injuries or fatalities.
    • Enhance workplace culture: A proactive approach builds trust and shows employees that their safety matters.

    Build A Safety-First Culture

    A positive safety culture is the foundation of any successful preparation plan. When everyone from top management to entry-level employees understands their role in maintaining a safe environment, compliance becomes second nature. Encourage open dialogue about safety issues, hold regular ‘toolbox talks’, and celebrate examples of conscientious behavior. The goal? To make safety part of your company’s identity, not just a line item on a checklist.

    Conduct Thorough Safety Audits

    If you’ve never conducted a comprehensive safety audit, now is the time. Systematically review your facilities, equipment, and workflows to identify any hazards or compliance gaps. Pay special attention to areas that frequently trigger inspection, like fall protection, machine guarding, and hazardous material handling. Consider bringing in third-party experts if necessary. These professionals can spot overlooked risks, offer practical solutions, and help ensure you meet OSHA standards.

    Develop Clear Policies And Procedures

    If your employees don’t know what’s expected of them, they’re more likely to take shortcuts or unknowingly violate safety standards. To avoid this, make sure to:

    • Draft and update safety policies: Keep documentation in plain language so everyone understands it.
    • Post guidelines prominently: Place safety reminders and protocols in high-visibility areas, such as break rooms and job sites.
    • Establish reporting channels: Make it easy for employees to report hazards or concerns without fear of backlash.

    By putting strong policies in place, you create a roadmap that guides everyone toward safer work habits and ensures that no one’s left guessing what the rules are.

    Prioritize Training And Communication

    Even the best policies won’t help if employees aren’t aware of them or don’t know how to apply them in real-world scenarios. To ensure that employees are aware of your company’s safety protocols, consider utilizing:

    • Onboarding sessions: Introduce new hires to your safety culture and outline their responsibilities from the start.
    • Hands-on workshops: Practical training helps employees recognize hazards and use protective equipment correctly.
    • Refreshers and updates: Industries evolve, and so do regulations. Stay compliant by hosting regular retraining sessions to align with evolving regulations.

    Regular communication keeps safety top-of-mind. Consider monthly newsletters, safety bulletins, or short videos highlighting new techniques or reminders. The more accessible and engaging your training materials, the better your employees will retain and apply them.

    Keep Meticulous Records

    From injury logs to training certifications, can make or break your compliance efforts. If an inspector arrives, well-organized records show that you’ve been diligent. These records include:

    • Accident and incident reports: Promptly record any workplace injuries, near-misses, or other safety-related events.
    • Training verification: Maintain a record of all completed training sessions, who attended, and when.
    • Equipment maintenance logs: Show that machinery and safety equipment are regularly inspected and maintained.
    • Hazard assessments: Keep a written record of identified risks and the steps taken to address them.

    Good recordkeeping not only helps you during an inspection; it also supports continuous improvement. By reviewing past incidents and training outcomes, you can identify trends, refine your policies, and make targeted changes that reinforce workplace safety over time.

    Conduct Mock Inspections

    Don’t wait until an OSHA representative is actually on-site to find out where you’re falling short. Conducting mock inspections, either internally or with outside consultants, helps you see your operation through the eyes of an inspector. Walk through your facility, check for compliance with known OSHA standards, and evaluate how well employees follow safety protocols. Mock inspections can:

    • Highlight weaknesses: Identify issues before they escalate into violations.
    • Improve response time: Familiarize your team with what to expect, so they remain calm and cooperative during a real inspection.
    • Build confidence: By knowing you’ve addressed potential pitfalls, you can approach a real inspection with assurance.

    Partnering With GMS For A Proactive Approach

    Staying ahead of OSHA compliance can feel overwhelming when you’re already managing day-to-day operations. That’s where Group Management Services (GMS) can step in. Our experts can help your business:

    • Conduct audits and gap analyses: We’ll identify areas where you may be at risk before an inspector does.
    • Refine training programs: Gain access to resources that keep your team informed and prepared.
    • Support recordkeeping and documentation: We’ll help ensure your paperwork is in order and easy to reference.

    By partnering with GMS, you’re not just preparing for an inspection, you’re cultivating a robust, ongoing approach to safety. This proactive stance empowers your workforce, strengthens your compliance efforts, and sets you and your business up for long-term success.

    Contact GMS today to learn more about how we can support you in preparing for and preventing OSHA inspections. Click here to continue reading how to handle OSHA when they finally come to inspect your workplace.

  • Workplace safety is not something that businesses can afford to cut corners on, and that isn’t a figure of speech. A single penalty from the Occupational Safety and Health Administration (OSHA) can cost your company anywhere between $16,131 and $161,323. The federal organization even hosts a website where you can see every case with initial penalties of $40,000 and higher, and the list of companies affected across all 50 states is extensive.

    Understanding what causes an OSHA inspection is crucial to helping your company avoid devastating financial setbacks. This blog marks the first in a three-part series on OSHA inspections. In this segment, we’ll explore the common events and conditions that can prompt an inspection and why being informed is the first step toward maintaining compliance.

    Why OSHA Conducts Inspections

    In 1970, the Occupational Safety and Health Act (OSH Act) of 1970 was enacted to ensure employers provide safe and healthy working conditions for their employees. Their purpose is to enforce standards and prevent recognized hazards in the workplace. Normally, OSHA demonstrates this by conducting random inspections in the search for violations. However, that’s not always the case. Many of these inspections can be triggered by specific events, conditions, or reports. By understanding these triggers, employers can identify potential risks and act before an inspector arrives.

    Key Triggers For OSHA Inspections

    1. Imminent danger situations

    Workplace hazards that pose an immediate risk of death or severe physical harm are a top priority for OSHA. Examples include unguarded machinery, chemical spills, or significant fall risks. If OSHA suspects imminent danger, either through tips or observations, an inspection may occur within 24 hours.

    1. Severe injuries or fatalities

    Under OSHA regulations, employers must report workplace fatalities within eight hours and severe injuries (hospitalizations, amputations, or eye loss) within 24 hours. These reports often trigger inspections to determine the root cause and assess compliance with safety standards.

    1. Employee complaints

    Employees can file anonymous complaints if they believe their workplace has serious safety violations. OSHA gives significant weight to these complaints, especially if they detail hazards that could result in severe injury or death.

    1. Referrals

    Referrals often originate from other government agencies, law enforcement, or even media reports. For example, Straus Feeds LLC was investigated after OSHA received reports of unsafe working conditions. After the inspection, the company was cited for 24 violations, leading to penalties totaling $161,332.

    1. Programmed inspections

    Certain industries, such as construction, manufacturing, and health care, are deemed high-risk by OSHA. These sectors often face programmed inspections due to their higher injury and illness rates.

    1. Follow-up inspections

    If your company was cited during a prior inspection, OSHA may conduct a follow-up to ensure that violations have been corrected. Failure to address citations can result in heightened scrutiny and increased penalties.

    Staying Ahead Of OSHA Inspections

    OSHA averages over 32,000 inspections a year and your business could be one of them. While OSHA inspections can’t always be avoided, understanding what causes them gives organizations the opportunity to proactively address risks. Continue reading here to learn more about the actionable steps you can take to prepare ahead of time. 

    Partnering With GMS

    Navigating OSHA compliance and inspections doesn’t have to be overwhelming. Group Management Services (GMS) offers tailored solutions to help your business stay compliant, reduce risks, and cultivate a safe culture. Whether it’s safety training, recordkeeping, or audits, our experts are here to help you safeguard your workplace and stay prepared for any OSHA visit.

    Contact GMS today to learn how we can help your organization succeed in workplace safety and compliance. 

  • The U.S. Department of Justice (DOJ) recently announced significant updates to its evaluation of corporate compliance programs (ECCP) policy document, a critical reference for determining whether corporate compliance programs are robust and effective. These changes, which became effective on September 23, 2024, are designed to address evolving risks, particularly around emerging technologies like artificial intelligence (AI) and the use of data analytics in compliance operations. 

    Let’s explore what these updates mean for your organization and how to ensure your compliance program stays ahead of the curve. 

    Understanding The DOJ’s Evaluation Of Corporate Compliance Programs 

    The ECCP is a key resource that the DOJ uses to assess whether a company’s compliance program is well-structured and effectively implemented. The DOJ’s approach to evaluating corporate compliance now includes a particular emphasis on how businesses are managing the risks presented by AI and other new technologies. This evaluation can impact decisions related to criminal charges, monetary penalties, and ongoing compliance obligations such as corporate integrity agreements. 

    New Focus On AI And Emerging Technologies 

    The DOJ has made it clear: the rapid development and use of AI presents new challenges that must be managed proactively. Companies are now expected to have specific policies, procedures, and safeguards in place to certify that AI technology is not misused, whether intentionally or recklessly. Prosecutors will ask detailed questions about AI risk management, such as: 

    • Does the company assess how AI could impact its ability to comply with laws? 
    • How does the company integrate AI risk management into its broader enterprise risk strategies? 
    • What measures are in place to prevent AI misuse and guarantee trustworthiness? 
    • Are there controls ensuring AI is used as intended, and how is human oversight maintained? 

    To address these questions, your compliance program should include mechanisms for monitoring AI usage, auditing AI performance, and training employees on proper and ethical use of AI technology. The DOJ’s message is clear: companies cannot afford to ignore the risks associated with emerging technologies. 

    Leveraging Data Analytics In Compliance Programs 

    Another major focus of the ECCP update is the strategic use of data analytics in compliance efforts. The DOJ now expects companies to leverage data analytics tools to enhance their compliance operations and monitor program effectiveness. Prosecutors will evaluate whether compliance personnel have adequate access to data systems and whether the company uses data to improve efficiency and measures outcomes. 

    Key questions from the ECCP update include: 

    • Is the company using data analytics to make compliance operations more efficient? 
    • How does the company ensure the quality and accuracy of its data sources? 
    • Are there methods in place to measure the performance of data analytics models? 

    This emphasis on data access and quality means companies must invest in robust data infrastructure and provide the necessary resources for their compliance teams to monitor and respond to potential risks effectively. Compliance staff must be equipped with the tools and training needed to leverage data analytics for proactive risk management. 

    Why This Matters For Your Business 

    The DOJ’s updated guidance highlights the increasing complexity of managing compliance in a technology-driven world. Companies must be proactive in understanding and mitigating risks posed by AI and emerging technologies, ensuring that their compliance frameworks are adaptable and robust. Furthermore, businesses that fail to leverage data analytics in their compliance operations may face greater scrutiny. 

    Practical steps for compliance 

    1. Review and update your compliance policies: Make sure your program addresses AI risks and incorporates data-driven monitoring tools. 
    2. Train your staff: Educate your team on the ethical and compliant use of new technologies, including AI. 
    3. Leverage data analytics: Invest in data systems that enable real-time monitoring and performance assessments of your compliance program. 
    4. Conduct regular audits: Frequently review your AI systems and data practices to ensure compliance and identify areas for improvement. 

    The Role Of Compliance In A Digital World 

    The DOJ’s ECCP update underscored the need for companies to adapt to technological advancements while maintaining strong compliance standards. As emerging technologies continue to evolve, organizations must stay vigilant, proactive, and committed to upholding the highest levels of corporate integrity. 

    If you’re unsure whether your compliance program meets these new DOJ expectations, partnering with a professional employer organization (PEO) like Group Management Services (GMS) can provide clarity and guarantee your business remains compliant. 

    Contact GMS today to see how we can support your organization in effectively managing compliance risks. 

  • As workplace temperatures rise, so does the need for robust safety measures to protect employees from heat-related risks. In August 2024, the Occupational Safety and Health Administration (OSHA) took a critical step by introducing a new proposed rule aimed at preventing heat injury and illness in both outdoor and indoor work environments. This proposal highlights OSHA’s commitment to reducing heat-related injuries and fatalities by mandating preventative measures in all general industry, construction, maritime, and agriculture sectors.

    U.S. employers are responsible for the consequences of workplace injuries. In addition to the resulting downtime and lost productivity, these incidents increase insurance premiums.

    Here’s what you need to know about this significant development and its implications for your business.

    Why OSHA’s Heat Prevention Standard Matters

    Excessive heat is the leading cause of weather-related fatalities in the U.S., posing significant risks to workers in both outdoor and indoor settings where cooling measures are limited. According to the Bureau of Labor Statistics, workplace heat exposure caused 479 fatalities between 2011 and 2022 and over 33,000 work-related injuries. Many of these incidents could have been prevented with structured safety plans, which is exactly what OSHA aims to address with this new rule.

    Additionally, OSHA increased its penalty rates earlier this year. Violations now cost a business over $16,000 per infraction. This increase adds further motivation for employers to meet compliance standards.

    Key Components Of The Proposed Rule

    The proposed OSHA standard requires employers in all general industry, construction, maritime, and agriculture sectors to implement comprehensive heat prevention measures. The rule outlines several key requirements:

    • Heat hazard assessment: Employers must evaluate heat risks in their workplaces, considering both outdoor temperatures and indoor heat sources like machinery and equipment.
    • Heat injury and illness prevention plan: A core requirement of the proposal is for employers to develop a written plan that outlines specific steps for managing and mitigating heat hazards. This plan would clarify employer responsibilities, from ensuring access to water and shade to adjusting work schedules based on temperature.
    • Workplace controls: The rule proposes both engineering controls (such as cooling systems) and work practice controls (like rotating shifts and breaks) to reduce workers’ exposure to high heat.
    • Emergency response and training: Employers must establish protocols for responding to heat-related illnesses and train employees and supervisors on recognizing heat stress symptoms, administering first aid, and implementing preventive measures.

    Who Is Affected By The Rule?

    Workers in high-risk environments, particularly those exposed to direct sunlight or operating heat-generating machinery, would benefit significantly from this regulation. Some groups, such as pregnant workers and employees of color, who are disproportionately employed in essential roles at higher heat risk, stand to gain the most from these protections.

    Why Employers Should Prepare Now

    OSHA is currently inviting public comments on the proposal, with a deadline set for December 30, 2024. Employers have an opportunity to provide feedback, but it’s also an ideal time to begin implementing preventive strategies. Preparing ahead can help businesses align with potential regulatory requirements while fostering a safer work environment.

    Alternatively, small and midsize businesses (SMBs) should consider partnering with a professional employer organization (PEO). PEOs like Group Management Services (GMS) not only ensure compliance with OSHA but also implement cost-containment and loss-prevention strategies to lower workers’ compensation rates and save your hard-earned money.

    Next Steps For Employers

    To get ahead, employers can start by:

    • Assessing workplace heat risks: Conduct a thorough evaluation of both outdoor and indoor work environments to identify areas where heat hazards exist.
    • Developing a heat safety plan: Outline procedures to provide hydration, shade, and cooling measures, and identify work adjustments during high-heat periods.
    • Engaging in OSHA’s comment period: Employers can visit Regulations.gov to submit comments or participate in the public discussion to help shape the final rule.

    Taking Action To Ensure Compliance And Safety

    With OSHA’s heat prevention proposal, businesses now have to mitigate one of the leading environmental risks in the workplace. Taking proactive steps not only ensures compliance but also underscores a commitment to employee health and safety, a core value for any successful organization.

    For additional support, GMS has a team of workers’ compensation experts who work closely with your company to create a comprehensive risk management plan tailored to meet OSHA standards. Our team can support you through every step, assessing the heat risks in your workplace and complying with OSHA. Contact us today, and let us help you create a safer and more compliant workforce!

  • In February 2024, the U.S. Occupational Safety and Health Administration (OSHA) conducted an investigation on Strauss Feeds LLC, an animal feed manufacturer based in Watertown, Wisconsin. This investigation, prompted by reports of unsafe working conditions, revealed significant workplace safety hazards that put employees at risk. As a result, OSHA issued multiple citations and imposed penalties on the company, highlighting the need for immediate corrective action. 

    Incident Details 

    The OSHA inspection uncovered various safety issues at Strauss Feeds LLC, particularly related to dust hazards and respiratory risks. OSHA cited the company for 19 “serious” violations and five “other-than-serious” violations, leading to proposed penalties totaling $161,332. The violations stem from inadequate housekeeping practices, a failure to evaluate spaces for dust-related hazards, and a lack of engineering controls to manage combustible and airborne dust. 

    These conditions created a serious risk of explosion and fire, potentially endangering the plant’s workers. In addition to these hazards, OSHA found that Strauss Feeds had not developed a proper respiratory protection program, further increasing the health risks faced by employees due to inhalation of harmful dust particles. 

    OSHA’s Actions 

    In response to these findings, OSHA gave Strauss Feeds 15 business days to either contest the citations and proposed penalties or comply by addressing the violations. The company is now faced with the task of implementing necessary safety measures to prevent future accidents from occurring and protect its workforce from hazardous conditions. 

    Violations Identified 

    Among the key violations identified by OSHA are the following: 

    • Poor housekeeping practices that led to an accumulation of combustible dust. 
    • Failure to assess work areas for dust-related hazards. 
    • Lack of engineering controls to minimize dust buildup and exposure. 
    • Absence of a written respiratory protection program, endangering employees exposed to airborne contaminants. 

    These issues, left unaddressed, significantly increase the likelihood of fire, explosion, and respiratory illnesses, emphasizing the importance of workplace safety and compliance with OSHA standards. 

    Protect Your Business With GMS 

    The safety violations at Strauss Feeds LLC serve as a stark reminder of the dangers posed by inadequate workplace safety measures. Companies can proactively mitigate risks and ensure compliance by partnering with a professional employer organization (PEO) like Group Management Services (GMS). A PEO provides expert assistance in developing comprehensive safety programs tailored to each organizations unique needs, allowing businesses to protect their workers and avoid costly fines and citations from OSHA. 

    Investing in workplace safety is essential to creating a healthy and productive workforce. Let GMS help safeguard your business and create a culture of safety that prevents accidents before they occur. Reach out to our safety experts today! 

  • In today’s fast-paced business environment, many employers underestimate the importance of remaining compliant with employment laws and regulations. Underestimating the significance of compliance can have serious repercussions, including audits, lawsuits, and damage to your company’s reputation. 

    For human resources professionals, it’s imperative to stay on top of all the employment laws that your organization is subject to. Ignoring these regulations can hinder your ability to hire and retain talent. It’s crucial to recognize that compliance is not just a legal obligation but a foundation for a successful and sustainable business. Let’s explore some common compliance mistakes that you may be overlooking. 

    Classifying Employees Incorrectly 

    Misclassifying employees is a common mistake that can lead to costly penalties. The Department of Labor (DOL) provides specific guidelines for classifying employees as exempt or non-exempt. Exempt employees are not entitled to overtime pay, while non-exempt employees are. This classification depends on factors such as job duties, level of responsibility, and salary, not just job titles or work environments. Correct classification is crucial for accurate payroll processing, record keeping, and compliance with labor laws. 

    Mishandling Hiring Paperwork  

    Properly managing hiring paperwork is essential to avoid legal complications. Form I-9, which verifies an employee’s eligibility to work in the U.S., must be completed accurately and on time. Employers must ensure that all sections of the form are filled out correctly, including dates and signatures, and that valid supporting documents are provided. Common errors include missing information, incorrect documentation, or failure to update forms for employees with temporary work visas. Employers should provide clear instructions to new hires about acceptable documentation and ensure that all paperwork is completed on time. Failure to comply can result in hefty fines and legal issues. 

    Ignoring Safety Regulations 

    Compliance with safety regulations is critical to protecting employees and avoiding legal liabilities. The Occupational Safety and Health Administration (OSHA) requires all employers to provide a safe working environment free from recognized hazards. This includes providing necessary safety training, equipment, and protective gear, such as hard hats and eye protection. Employers must regularly communicate safety protocols and ensure that employees are aware of and adhere to them. Implementing a comprehensive safety training program can help employees understand potential hazards and the steps to take in case of an incident. 

    Failing To Stay Compliant During Growth 

    Rapid growth can lead to increased compliance challenges, especially as employee numbers rise. Businesses must be cautious when reclassifying employees or hiring independent contractors to avoid violating labor laws. Independent contractors must operate as separate entities, providing their own tools and setting their own hours. Misclassifying employees as contractors to circumvent benefits or tax obligations can lead to significant legal issues. As your business grows, regularly review compliance requirements to ensure all aspects of the law are being met. 

    Not Staying Up To Date 

    Staying updated with the changing landscape of employment laws is crucial for maintaining compliance. Regulations can vary significantly at the local, state, and federal levels, and new laws are frequently enacted. Business leaders must be aware of rules governing sick leave, employee privacy, hiring practices, workplace safety, and more. Failure to keep policies current can result in non-compliance and potential legal action. Regularly reviewing and updating company policies to reflect changes in the law can help mitigate risks and ensure your business remains compliant. 

    Stay Compliant With GMS

    GMS offers expert guidance to help businesses navigate the complex world of compliance. Whether it’s payroll, HR, or risk management, GMS provides the tools and support needed to ensure your business remains compliant with all relevant regulations. By partnering with GMS, you can focus on growing your business while we handle the intricacies of compliance. Contact us today and discover how we can support your compliance needs. 

  • Although regulatory compliance isn’t the easiest task, it is arguably one of the most important for small business owners. With limited time and resources, it can be easy for small business owners to overlook the importance of compliance. Failing to comply with legal requirements can have severe consequences for your business. This can lead to costly monetary penalties, legal liabilities, reputational damage, and more. There are many types of non-compliance, including, but not limited to, misuse of funds, unethical business practices, fraud, corruption, and bribery.  

    Understanding Regulatory Compliance 

    Regulatory compliance refers to an organization’s adherence to federal, state, and local laws, standards, and regulations. The specific regulations a company must follow depend on a business’s industry and location. Regulatory compliance is a broad topic and touches a wide range of areas, including data protection, ethics, financial reporting, and workplace safety. Maintaining compliance involves staying up-to-date on legislative changes, implementing proper protocols, and providing educational training opportunities for employees to ensure compliance.    

    Importance Of Compliance 

    Laws and regulations are enforced for many reasons, from ensuring workplace safety to protecting employee data and beyond; regulatory compliance can make or break a business’s reputation and bottom line. In fact, 87% of organizations indicated negative outcomes as a result of low compliance maturity. Continue reading to discover why business owners should make regulatory compliance a priority.: 

    Avoid monetary penalties 

    Failing to comply with laws and regulations can lead to costly monetary penalties. Fines can quickly add up, effectively lowering available funds to improve workplace efficiency and afford quality employee benefits. 

    Long-term financial impact 

    Non-compliance can often lead to expensive long-term costs that negatively impact your business. The cost of legal counsel, high insurance premiums, and consistent workers’ compensation claims can affect your company’s long-term appeal and revenue. In most cases, the best practice to lower these fees is to identify compliance problem areas and then work from the ground up to install a viable long-term solution. Solutions can range from conducting quarterly audits to managing important employee information through a (HRIS). 

    Legal liability 

    If your business is non-compliant, it can expose your company to legal risks and liability. In the event of a lawsuit or workers’ compensation claim, your company may be liable for violations, leading to expensive legal fees and reputational damage.  

    Reputational damage 

    When your customers or potential clients view your company as unsafe or untrustworthy, your bottom line will suffer. A lack of compliance can also negatively impact consumer confidence, market share, and growth opportunities.  

    Employee safety and morale 

    In most cases, a complaint workplace is a safe workplace. When businesses follow and enforce safety laws and procedures, not only are employees more cautious and protected, but they also feel safer. By working in an environment where they feel safe and valued by their employer, their morale and productivity may improve.  

    Educating employees on how and why they should focus on compliance is also essential. It can be beneficial to hold a seminar, attend a webinar, or conduct compliance training with your employees to ensure they understand what regulations to follow and why it’s crucial. 

    Indirect costs 

    While there are many direct costs to non-compliance, such as workers’ compensation claims and Internal Revenue Service (IRS) fines, there are also many indirect costs. After an incident occurs, employee turnover may increase. When employees don’t feel safe or feel like they are expendable, they are less likely to trust their employer and may depart from the company. High turnover also means you’ll have to focus on hiring and training new talent. Training new employees can take time and resources away from your dwindling workforce.  

    How GMS Can Help 

    Regulatory compliance can be an overwhelming and confusing topic. Keeping track of hundreds of laws can be exhausting, as the laws are constantly changing. While it may seem daunting, know that you’re not alone.  

    With a professional employer organization (PEO), like Group Management Services (GMS), you’ll have a dedicated partner to help ensure compliance with federal, state, and local laws. GMS can conduct compliance audits, help you stay current on legislation, and provide employee training. Simplify your compliance efforts with GMS! Contact us today to learn more. 

  • Depending on your location, severe summer weather usually starts sometime in June and ends in November. The Occupational Safety and Health Administration (OSHA) mandates that all employers create a written plan of action to protect employees in cases of emergency, including weather-related states of emergency.

    To avoid potential disruptions to your workflow and ensure your team’s safety, it’s critical to prepare for the potential onslaught of extreme weather events that can disrupt operations, damage infrastructure, and pose risks to employees and customers alike.

    Types Of Extreme Summer Weather

    Before preparing for extreme weather events, it’s crucial to assess the specific risks your business may face based on your geographical location and climate patterns. Coastal regions might need to prepare for hurricanes and storm surges, while inland areas could experience heatwaves, thunderstorms, or wildfires.

    The following are the most common weather events that may be cause for emergency in the workplace during the summer season:

    • Heat waves
    • Wildfires
    • Tornados
    • Hurricanes
    • Severe thunderstorms
    • Lightning strikes
    • Flooding

    Workplace Summer Safety Tips

    Building a well-defined emergency response plan is the cornerstone of preparedness and should be one of the first tasks you complete. This plan should outline procedures for various scenarios, including:

    • Evacuation protocols
    • Designated meeting points
    • Emergency contact details
    • Employee responsibilities during severe weather
    • Checklist of crucial items like flashlights, batteries, non-perishable food, and first aid supplies

    Many businesses form committees to devise plans for personnel safety and protecting data, documents, and equipment. Whether you create the plan yourself or delegate it to your team, once it’s formed, it should be communicated to all team members. All your staff should receive a copy of the emergency response plan and a form requesting a signature to verify that they have read it.

    While building your emergency response plan, there are a few other aspects to consider, including:

    Protect physical infrastructure

    Protecting physical infrastructure is paramount to minimizing damage during extreme weather events. This involves taking action on the property’s exterior and interior areas.

    Exterior

    • Secure or move objects that could be moved by high winds.
    • Ensure gutters are secure and cleaned to avoid water damage
    • Repair leaks in roofs, windows, or skylights that can cause severe water damage during heavy rain
    • Call a professional to trim trees or plants that may interfere with power lines or infrastructure in high winds
    • Consider installing flood barriers, like sandbags

    Interior

    • Clear areas around broken glass
    • Remove items off the ground, such as filing cabinets, that flooding could damage
    • Unplug electrical equipment
    • Use tarps or plastic bags to cover critical equipment

    Use backup power and utilities

    Power outages are common during severe weather events. Investing in backup power generators can help you maintain essential operations such as lighting, refrigeration, or other necessary equipment such as computer systems. Backup power can also help avoid or reduce damage from high heat or humidity.

    Implement weather monitoring systems

    Early detection of weather patterns can allow you to respond swiftly to impending threats. Weather monitoring systems, including weather apps, alert businesses to approaching storms or heat waves, enabling them to promptly activate emergency response plans if needed.

    If you choose to use a weather app, make sure it’s reputable. For example, the Federal Emergency Management Agency (FEMA) offers one that provides weather alerts and safety reminders. Your local media is also an excellent source of information and updates.

    Maintain communication channels

    Effective communication is critical during emergencies. Establish multiple communication channels, including email, text alerts, and social media, to quickly disseminate information to your employees, customers, and stakeholders.

    Secure data and digital assets

    In today’s digital age, protecting data and digital assets is as crucial as safeguarding physical infrastructure. Critical data should be regularly backed up to offsite locations or cloud servers to prevent loss due to equipment damage or power outages. Cybersecurity measures should also be strengthened to defend against potential breaches during chaotic periods.

    Designate safe shelters

    According to the American Red Cross, businesses should establish a designated shelter-in-place (SIP) area where anyone in the building can seek refuge in case of a sudden emergency. In tornado-prone areas, this weather shelter may be underground or in a room without glass windows.

    Develop local partnerships

    Collaboration with local emergency services, community organizations, and neighboring businesses can enhance preparedness efforts. Establishing partnerships allows you to share resources such as emergency supplies, manpower, or expertise during crises. It also fosters a sense of community resilience and support in times of need. A response plan should identify key contacts from these organizations to contact in case of emergency.

    Educate and empower employees

    Employees are often the first line of defense during emergencies. Training employees on emergency procedures, first aid, and evacuation protocols will empower them to respond calmly and effectively. In addition, educate your team to recognize warning signs of extreme weather and encourage them to report concerns promptly.

    Training will vary between workplaces. For example, businesses that regularly require employees to wear heavy personal protective equipment (PPE) should educate employees on the signs of heatstroke and develop protocols for avoiding working in extreme heat. Businesses that require employees to work in an office should develop a work-from-home protocol to avoid driving during bad storms.

    A great way to maintain regular training is via a quarterly meeting, one for each season. At these meetings, management should review emergency protocols, conduct drills, collect employee emergency contact information, and update employees on any changes to the emergency preparedness plan.

    Review and update regularly

    Emergency preparedness is an ongoing process that requires regular review and updates. Conduct post-event evaluations to identify areas for improvement in response plans and infrastructure. Updating contact information, reassessing risks, and incorporating lessons learned from past incidents ensures that your business can remain resilient in the face of evolving weather challenges.

    Know when to close up shop

    Finally, and perhaps most importantly, know when it’s time to close your doors. Ensure employees have adequate time to safely travel home and secure their homes ahead of severe weather. Establish a remote work policy to maintain operations until it is safe for employees to reenter the building.

    Preparing for extreme weather is a precautionary measure and a strategic imperative that can help protect your business during an extreme weather event. By following these tips, you can enhance your resilience, minimize disruptions, and maximize safety.  

    Stay Safe By Partnering With A PEO

    Severe weather can be unpredictable, but businesses can take steps to minimize risk and protect employees by partnering with a professional employer organization (PEO). A PEO like GMS offers comprehensive workplace safety programs with onsite training and consulting to help you prepare for extreme weather in every season.

    By collaborating with a PEO, companies gain access to expert guidance, safety training, and compliance resources. Contact our safety experts today!