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  • California employers, unless exempt, are required to exhibit their annual summary of work-related injuries and illnesses visibly at every worksite from February 1, 2024, through April 30, 2024. This requirement ensures that employers are informed about the safety landscape of their workplace, promoting transparency and accountability.

    The Cal/OSHA’s Form 300A is the cornerstone for this mandatory posting. Employers can access guidance on completing both the log (Form 300) and the annual summary (Form 300A) on Cal/OSHA’s Recordkeeping Overview page, facilitating compliance with the regulations.

    Recording Requirements For Work-Related Incidents

    Cal/OSHA dictates that employers must record work-related fatalities, injuries, and illnesses according to specific criteria. An incident must result in one of the following to be considered recordable:

    • Death 
    • Days away from work 
    • Restricted wrok or transfer to another job
    • Medical treatment beyond first aid
    • Loss of consciousness
    • A significant injury or illness diagnosed by a physician or other licensed health care professional 

    Inclusion Of COVID-19 Incidents

    While the COVID-19 emergency in California has ended for workplace health and safety requirements, any work-related COVID-19 fatality or illness meeting the criteria must be diligently recorded on the employer’s Form 300, 300A, and 301, or equivalent form.

    Electronic Submission Requirement For Covered Employers

    Certain employers are obligated to electronically submit Form 300A data annually to Cal/OSHA by March 2, 2024, if they meet specific criteria:

    Employers who fall within these categories can refer to Appendix H for a comprehensive list of covered industries and obtain information on electronic submission through the federal OSHA’s Injury Tracking Application website.

    What Next?

    By adhering to these regulations, employers demonstrate their commitment to maintaining a safe and healthy work environment, fostering trust and well-being among their workforces. However, this can be challenging as a small business owner wearing multiple hats simultaneously. However, we’re here to tell you there’s a solution – partnering with a professional employer organization (PEO) like GMS. This partnership allows business owners to leverage the expertise and resources of a dedicated team to ensure seamless compliance with regulations, including the accurate completion and submission of required forms, while also accessing tailored guidance on workplace safety best practices. Embracing GMS’ support streamlines administrative burdens and empowers business owners to prioritize their core operations, knowing that their workforce’s well-being and regulatory obligations are being managed properly. Contact our HR experts today to learn more. 

  • The significance of workplace safety cannot be overstated. It’s a fundamental right of every employee to work in an environment where their well-being is safeguarded. The recent announcement by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to replace traditional hard hats with modern safety helmets signifies a pivotal shift in prioritizing the protection of workers from head injuries. This move reflects OSHA’s commitment to the welfare of employees and underscores the critical role of proactive safety measures in preserving human lives and minimizing the economic impact of occupational hazards.

    The Need For Change

    Historically, hard hats have been a staple in protecting workers from falling objects and head injuries. However, as technology and materials have advanced, so have the options for safeguarding workers. Traditional hard hats, with a design dating back to the 1960s, provide limited protection from side impacts. This leaves workers vulnerable to head injuries, as highlighted by the most recent U.S. Bureau of Labor Statistics (BLS) data showing that head injuries accounted for 5.8% of nonfatal occupational injuries involving days away from work in 2021.

    Limitations of hard hats

    • Hard hats lack chin straps, increasing the risk of injury in the event of a fall 
    • They lack vents, leading to heat buildup and discomfort for workers 

    Advantages Of Safety Helmets

    Safety helmets, equipped with innovative features such as impact resistance, ventilation, and more, now offer a more comprehensive and modern approach to head protection. Modern safety helmets integrate new technologies to provide superior head protection, particularly against side impacts. They also feature integrated chin straps to secure the helmet during falls or rapid movement.

    Additional features include the following:

    • Vents for improved airflow and comfort
    • Integrated face shields, goggles, and hearing protection
    • Communication systems for clear interaction in noisy environments 

    The Impact On Industries

    OSHA strongly advocates for adopting safety helmets across various industries, including construction, oil and gas, electrical work, and tasks performed at heights. The agency emphasizes the cost of outfitting an organization with safety helmets pales in comparison to the financial and human costs of a single head injury.

    According to the National Safety Council, head injuries incur substantial medical costs, with an average settlement of $93,942, including $60,000 in medical expenses and $30,000 in other financial losses. Embracing safety helmets can mitigate these costs and the associated human suffering.

    Regulatory Standards

    OSHA standards mandate the use of protective headgear in various work environments and specify that protective helmets must adhere to the American National Standard for Industrial Head Protection. Adherence to these standards ensures that workers are adequately protected from head injuries. OSHA’s preference for safety helmets is rooted in a commitment to staying abreast of technological advancements and prioritizing the most effective safety measures. Employers are encouraged to update their safety protocols to align with this guidance, ensuring a safer and more secure work environment.

    Navigating OSHA’s Safety Helmet Shift With PEO Expertise

    Partnering with a professional employer organization (PEO) can be a strategic move for small business owners navigating the transition to safety helmets. PEOs specialize in providing comprehensive HR solutions, including guidance on safety protocols and compliance with evolving standards such as OSHA’s preference for safety helmets.

    Through a partnership with GMS, small businesses can ensure seamless integration of the new safety measures, access up-to-date information on industry trends, and receive tailored support to enhance workplace safety. In an era where prioritizing employee well-being is paramount, a PEO becomes a valuable partner for small businesses committed to staying ahead of the curve in fostering a secure and compliant work environment. Contact our safety experts today to learn more.

  • Workplace injuries are a concern for business owners all year round, but the winter weather can lead to more accidents than usual in snowy locations. While many people must deal with heating bills and bad road conditions, winter weather brings a notable increase in injuries such as muscle strains, sprains, and fractures, often resulting from slips or inadequate warm-up before demanding tasks. Consequently, there’s a surge in workers’ compensation claims, which can become overwhelming.

    To protect your team and safeguard your business, revisit your workplace safety policies and make sure your employees are informed about the latest safety protocols and best practices. While this might seem mundane, implementing a few simple reminders and precautions can significantly reduce the risk of unnecessary injuries and ensure a safer working environment for everyone.

    Winter Workers’ Compensation Claims

    According to Business Insurance Magazine, studies have shown that winter weather can make slippery conditions a severe threat to workplace safety. More than 20,000 people suffer snow or ice-related injuries every year, and outdoor workers such as snow cleanup crews, construction workers, and truck drivers are among the most vulnerable.

    Essentially, the ice isn’t very pleasant for businesses. These slips and falls pose dangerous threats, potentially causing employees to need medical attention and miss work, leading to costly expenses for you and your business. The time off and potential compensation claims can hurt your cash flow, not to mention the likely need to give out overtime to employees who need to cover for workers injured on the job.

    Protect Your Company This Winter

    It’s essential to protect your company as much as possible. You can do this by developing and enforcing a policy specifically designed for cold weather conditions. This policy should outline the procedures for working in cold environments, including guidelines on when to stop outdoor work due to extreme weather and the proper use of heating devices. In addition, you can safeguard your staff through:

    • Maintaining clear and safe work areas: Regularly check and ensure that all workspaces, especially outdoor spaces, are free from ice and snow. Frequent shoveling and salting can help prevent slippery surfaces from forming. Additionally, keep walkways, entryways, and loading docks clear to reduce the risk of slips and falls and ensure a safe and more efficient work environment.
    • Emphasizing safety among employees: Conduct regular safety meetings and training sessions to stress the importance of protecting yourself and others in the workplace. Encourage employees to be vigilant and report any potential hazards. Reinforce the idea that safety is a shared responsibility and that every team member plays a vital role in maintaining a safe work environment.
    • Providing appropriate clothing and footwear: Ensure all workers have access to weather-appropriate clothing and footwear. This includes items with better traction to prevent slips and falls, as well as insulated, waterproof boots and gloves for those working in cold conditions.
    • Offering regular warm-up breaks for outdoor workers: For employees who must work outside, it’s important to provide frequent breaks to warm up, especially in freezing temperatures. During these breaks, offer access to a warm, sheltered area.
    • Supplying fresh, dry clothing: Ensure workers can access dry clothing, particularly those exposed to snow, freezing rain, or other wet conditions. This includes providing extra socks, gloves, and even coats if necessary. Keeping spare clothing available can prevent hypothermia and other cold-related illnesses.
    • Regular equipment checks: Ensure that all equipment, especially those used outdoors, is regularly checked and maintained. Cold weather can affect the functioning of machinery, so it’s crucial to ensure everything is in good working order to prevent accidents.
    • Empower your team: Offer weather-specific training, providing information on how to quickly treat or get help in case of a cold-related illness or injury. Include safety information such as recognizing signs of frostbite, trench foot, and hypothermia.

    Staying proactive in your efforts is a great way to help prevent workplace injuries. However, a few are bound to happen. When injuries occur, acting swiftly and efficiently is crucial, as workers’ compensation claims are time-bound. Immediate assistance should be provided to the injured worker, ensuring they receive the necessary first aid or medical attention. Following this, it’s essential to distribute the relevant paperwork to the injured employee, including workers’ compensation claim forms and any other necessary documentation.

    It’s also important to gather accounts from any witnesses, as their perspectives can be invaluable in understanding the incident and helping avoid similar situations. Compile a comprehensive report that includes details from the injured employee and any witnesses, ensuring it covers every aspect of the incident. Finally, maintain clear communication with your insurance provider and your state’s workers’ compensation board, ensuring you follow state-specific deadlines and procedures.

    How GMS Can Help

    Workers’ compensation rates can be costly, especially for small businesses. With insurance ranging from $100 to thousands of dollars per employee annually, finding ways to lower costs while still providing quality coverage can be difficult.

    If you spend a lot of time – or even worse, not enough time – trying to find ways to lower workers’ compensation costs, a professional employer organization (PEO) like GMS may be a good fit for you. Our experts can work with you to develop loss prevention and cost containment strategies to protect your business and make your workplace safer, ultimately helping to lower your rates. Contact GMS today to talk with one of our experts about workers’ compensation.

  • Workplace injuries are a serious concern for any business. According to the Bureau of Labor Statistics, there were 2.8 million nonfatal workplace injuries and illnesses in 2022. When an injury occurs, it’s not just the physical and emotional toll on the involved workers; there are also substantial legal and regulatory considerations, including attracting the attention of the Occupational Safety and Health Administration (OSHA).

    OSHA typically gets involved after a severe workplace injury, which can result in a rigorous investigation process, potential fines, and a public record of safety violations. These consequences can damage a company’s reputation and financial standing. However, by effectively managing these situations, it’s possible to minimize or avoid OSHA intervention.

    When Can OSHA Make An Inspection?

    Under OSHA, employers must provide a safe and healthy workplace for their employees. This encompasses broad safety guidelines and specific regulations tailored to various industries – all of which need to be followed to the letter. Failure to comply with OSHA standards can lead to hefty penalties and legal issues that can take months to resolve.

    OSHA inspectors carry out several types of inspections, including:

    • Severe injuries and illness: These inspections occur when a workplace incident results in a fatal or severe injury. 
    • Imminent danger: These can be triggered at any time and occur when practices or conditions are life-threatening. 
    • Complaints-based: Employees can contract OSHA anytime to report a workplace violation or safety concerns. 
    • Targeted: Highly hazardous industries or facilities that experience high rates of injury and illness are subject to targeted inspections. 

    OSHA has the authority to perform inspections virtually any moment, making it crucial for you to implement proper safety policies and procedures. This is essential not only to ensure the health of your team but also to maintain compliance with OSHA standards.

    OSHA Compliance

    In the moments that follow a severe workplace accident or fatality, it can be challenging to make the right calls and ensure not only that your team is getting the assistance they need but that you remain compliant with OSHA regulations. That’s why having a plan in place is vital. Many small businesses partner with professional employer organizations (PEOs) like GMS to use as a resource and navigate OSHA regulations.
    Following the immediate response to the injury, your team should:

    1. Conduct a thorough investigation: This should include an examination of equipment, witness interviews, and a review of workplace safety protocols. 
    2. Contact OSHA: Be proactive and don’t wait for OSHA to initiate. Report the incident and findings of your internal investigation as soon as possible. Fatalities must be reported to OSHA within eight hours of discovery, and inpatient hospitalization, amputation, or eye loss must be reported within 24 hours. 
    3. Implement corrective measures: Update any safety measures, provide additional training, and make necessary changes to your equipment or processes. 
    4. Documentation: Keep detailed records of your actions and communications. There is a record-keeping standard for each kind of workplace incident, but generally, you must keep documentation for at least five years. Proper record-keeping can safeguard your business if, down the line, any issues arise. 

    Lastly, you should follow up and iterate on your health and safety policies. Safety isn’t a one-time review process. You need to stay proactive and regularly review and update your protocols. Conduct safety audits and regular training sessions for your team. In addition, create channels for employee feedback so they can assist you in developing a safer workplace.

    Learn how GMS got OSHA to complete an investigation without coming on-site or issuing a citation after a notable workplace injury.

    Responding To A Workplace Injury: Real-Life Example

    The incident in question started with a seemingly routine delivery for a driver. The driver finished sweeping out the back of his truck when he went to rest his left hand on the side of the truck as he prepared to jump to the ground like he had done countless times before. Unfortunately, his wedding ring got stuck to the edge of the truck on this particular day. As he jumped to the ground with his arm fully extended, his finger was unable to handle the resulting force and was ripped off before his feet hit the driveway.

    This freak injury led to a panicked call to GMS from an Office Manager trying to figure out what to do next. The first step was to check on the employee and ensure he was taken care of and received the necessary medical attention for his injury. After that, it was time to follow the letter of the law.

    As mentioned, amputations must be reported to OSHA within 24 hours. After calming the Office Manager’s nerves, GMS walked her through the reporting process and had her leave a message on OSHA’s hotline. Next, a GMS Safety Coordinator conducted a thorough investigation at the scene of the injury and made the following recommendations to prevent this type of accident in the future:

    • Prohibit employees from entering the bed of the truck until the installation of permanent ladders
    • Prohibit employees from wearing jewelry while working 

    Shortly after we completed our investigation, OSHA called to get an account of that day’s events. Once the Office Manager gave the compliance officer the required information, the officer asked if she had done an internal investigation. She informed him of the GMS investigation and that the company had already implemented changes to prevent future incidents. In addition, she sent a copy of the inquiry to the compliance officer along with GMS’ recommendations and future training plans. After OSHA reviewed the investigation and the preventative actions put in place by GMS, OSHA closed its investigation and said that no further action was needed.

    Take The Right Steps To Protect Your Business After An Injury

    Between lost work hours, workers’ compensation claims, and other issues, on-site injuries are costly. That’s why GMS works to help you limit the chances of workplace injuries and follow proper procedures in case one ever occurs.

    At GMS, we help business owners take a proactive approach to workplace safety through services such as on-site consulting, training, and job site inspections. We’re always here to handle critical investigations and deal with OSHA on your behalf. It can be a struggle to stay ahead of risks when you’re busy building your business, so we have the experts to ensure you’re covered before and after incidents.

    Ready to protect your business? Contact GMS today to discuss risk management services and other essential HR functions.

  • Recent events have cast a glaring spotlight on the consequences of overlooking workplace safety. The U.S. Occupational Safety and Health Administration (OSHA) cited a Georgia-based chemical manufacturer, Chemical Products Corp., following a tragic incident that unfortunately took the life of an employee who had only been on the job for two months.

    The incident, involving fatal chemical and thermal burns from hot sludge after the opening of an air intake valve, not only resulted in the loss of a valued team member but also caused severe injuries to another worker. Shockingly, this was not an isolated case, as another employee suffered chemical burns just 25 days later.

    The Cost Of Ignoring Safety Measures

    OSHA’s citation outlined five serious violations against Chemical Products Corp., highlighting the company’s failure to implement essential safety precautions designed to shield workers from such hazards. The proposed penalties of $55,403 shed light on the real cost of neglecting safety protocols.

    Protecting Your Employees Is Non-Negotiable

    As a business owner, the safety and well-being of your team should be non-negotiable. These incidents are a stark reminder of the potential consequences of overlooking safety measures. Beyond the ethical imperative, investing in workplace safety procedures is an investment in the very foundation of your business – your employees.

    The Crucial Role Of Comprehensive Safety Procedures

    Establishing and strictly adhering to comprehensive safety procedures isn’t just a legal requirement; it’s a fundamental necessity. Proper training, hazard assessments, and the implementation of safety protocols are imperative to prevent tragic incidents such as those witnessed at Chemical Products Corp.

    Proactive Steps For A Secure Workplace

    As a responsible business owner, take proactive steps to ensure a secure workplace. Regular safety audits, employee training sessions, and a culture prioritizing safety can significantly reduce the risk of accidents and injuries.

    Avoiding Tragedy

    In the wake of this incident, the need for comprehensive workplace safety measures couldn’t be more evident. Small business owners often juggle multiple responsibilities, and ensuring stringent safety protocols might seem daunting. However, when you partner with a professional employer organization (PEO), you gain access to expertise, resources, and guidance to navigate the intricate landscape of workplace safety. PEOs like GMS offer tailored solutions, from comprehensive safety training to proactive risk assessments, all aimed at fortifying your business against potential hazards. They provide the support needed to create a culture of safety, minimizing risks and ensuring that tragic incidents like the one at Chemical Products Corp. never occur.

    GMS’ safety team can help business owners take a proactive approach to workplace safety through various services. These strategies include the following:

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

    Don’t wait for a crisis to prioritize safety – partner with GMS today to safeguard your business and employees. Contact us today to learn more. 

  • In a recent development, the New Jersey Commissioner of Banking and Insurance has approved a 3.9% decrease in rates and rating values tied to workers’ compensation insurance for new and renewal policies. This significant shift, set to take effect on January 1st, 2024, is grounded in the latest financial and statistical data reported to the state Rating Bureau. What’s intriguing is how this change echoes the impact of the COVID-19 pandemic within the workers’ compensation realm.

    The commissioner’s statement highlights the far-reaching implications of the pandemic, influencing health and the financial landscape of insurance. It’s a pivotal moment for businesses in New Jersey, with this rate adjustment offering a glimmer of relief and opportunity. However, beneath this rate adjustment lies other crucial alterations directly impacting employers and employees involved in workers’ compensation claims.

    Data-Driven Changes

    Starting January 1st, 2024, there will be noticeable adjustments in the structure of weekly benefits tied to workers’ compensation. The maximum weekly benefit for most injury types (excluding permanent partial disabilities) will increase to $1,131 from the previous $1,099. Simultaneously, the minimum weekly benefit will increase to $302 from its previous mark of $293. These changes, set to come into effect at the start of the new year, signify a concerted effort to align compensation more effectively with prevailing economic conditions.

    Weekly Benefit Adjustments

    The notable increase in maximum and minimum weekly benefits signals a step towards enhancing compensation for workers in New Jersey. It’s an opportunity for businesses to reevaluate their existing workers’ compensation policies to ensure they align with these revised benefit structures. Understanding and adapting to these changes will be pivotal in guaranteeing fair and adequate coverage for employees, offering a level of financial security in the event of work-related injuries.

    Permanent Partial Disabilities

    For claims related to permanent partial disabilities, the revised weekly benefit range presents a more comprehensive approach. With adjustments to the weekly benefits range varying from $302 to $1,131, contingent upon the duration and severity of the disability, this change represents a more nuanced approach to addressing the varying needs of individuals with long-term or partial disabilities. Businesses must understand these benefit ranges to adequately support employees with specific needs.

    Partner With A Professional Employer Organization (PEO)

    Ultimately, the approval of rate changes and benefit adjustments represents a balancing act between protecting the interests of employers and employees. Embracing these changes with a proactive stance will empower businesses to navigate the shifting workers’ compensation landscape, ensuring comprehensive coverage and compliance. Consider partnering with a professional employer organization (PEO). Amidst these changes in workers’ compensation regulations in New Jersey, a PEO like GMS handles HR-related tasks, including managing workers’ compensation claims, ensuring compliance with evolving regulations, and offering tailored solutions to mitigate risks. Partnering with GMS can empower New Jersey business owners to navigate these changes seamlessly, allowing them to focus on their core operations while ensuring their employees receive comprehensive support and coverage. Contact us today to learn more.

  • Small business owners, it’s time to take note. For the 13th consecutive year, lack of fall protection has remained at the top of the list of the U.S. Occupational Safety and Health Administration’s (OSHA) most frequently cited workplace safety violations. Workplace safety is not only a moral obligation but also a legal requirement that can have a profound impact on your business. This blog dives into OSHA’s top 10 safety violations for fiscal year 2023 and provides essential insights for small business owners to keep their workplaces safe and avoid costly penalties.

    General Fall Protection (7,271 Violations)

    Fall protection has consistently ranked as the number one violation for over a decade. This includes ensuring employees are properly equipped with fall protection gear when working at heights. Small businesses, particularly those in the construction or maintenance industries, must prioritize training and equipment to prevent falls and protect their workers.

    Hazard Communication (3,213 Violations)

    Hazard communication violations involve failing to properly label and communicate chemical hazards in the workplace. Small business owners must establish clear protocols for handling, storing, and labeling hazardous materials to protect their employees from potentially dangerous exposures.

    Ladders (2,978 Violations)

    Ladder safety to avoid accidents is essential. Ensure your employees receive training on ladder safety, regularly inspect and maintain your ladders, and provide the appropriate type and size of ladder for the task at hand.

    Scaffolding (2,859 Violations)

    Scaffolding is a common component of many construction projects. Small businesses involved in construction need to maintain, inspect, and assemble scaffolding according to OSHA’s standards to prevent accidents and ensure worker safety.

    Powered Industrial Trucks (2,560 Violations)

    Proper training and maintenance are key if your business uses forklifts or other industrial trucks. Small business owners must ensure their operators are trained and certified, and that equipment is maintained to avoid accidents.

    Lockout/Tagout (2,554 Violations)

    Lockout/tagout procedures are crucial for protecting employees during equipment maintenance and repair. Small businesses must have clear lockout/tagout protocols to prevent accidental machine starts.

    Respiratory Protection (2,481 Violations)

    Protecting employees from airborne hazards is paramount. Small business owners should provide appropriate respiratory protection, conduct fit testing, and implement effective safety measures to prevent respiratory-related illnesses and injuries.

    Fall Protection Training Requirements (2,112 Violations)

    In addition to providing fall protection equipment, small business owners must ensure their employees receive proper training in using this equipment. Training can save lives and prevent costly violations.

    Personal Protective And Lifesaving Equipment: Eye And Face Protection (2,074 Violations)

    Protecting workers’ eyes and faces is a top priority. Proper eye and face protection, such as goggles or face shields, should be provided and worn in areas with potential hazards.

    Machine Guarding (1,644 Violations)

    Machine guarding violations occur when equipment is not properly protected. Small businesses must regularly inspect and maintain their machinery to prevent accidents, injuries, and OSHA violations.

    Protect Your Business – Partner With A PEO

    As a small business owner, understanding OSHA’s top 10 safety violations for 2023 is essential for the well-being of your employees and the success of your business. Failing to address these violations jeopardizes your workforce’s safety and can result in costly penalties and legal issues. Fortunately, you could partner with GMS, a professional employer organization (PEO), to navigate this complex aspect of your business. We provide business owners with experienced safety experts who can help you proactively protect your business and employees.

    GMS’ safety team has the knowledge and resources to assess your workplace, implement safety measures, and ensure compliance with OSHA regulations, all before OSHA comes knocking on your door. By partnering with GMS, you can confidently navigate the complex world of workplace safety and focus on growing your business while leaving safety concerns in capable hands. Contact our team of experts today!

  • In a move that will impact businesses across North Carolina, the state’s General Assembly recently approved a budget for the period from July 1st, 2023, through June 30th, 2025. One of the most notable changes in this budget is a set of modifications to workplace legal compliance. Governor Roy Cooper has allowed the budget to become law without his signature. Continue reading to explore the key changes that businesses and employers in North Carolina need to be aware of in terms of safety citations, adopting new standards, and the impact on local wage and hour laws.

    Safety Citation Timing

    Effective October 1st, 2023, the North Carolina Department of Labor (NCDOL) will have six months following the occurrence of any Occupational Safety and Health Act of North Carolina (OSHANC) violation to issue a citation to employers. This adjustment brings the OSHANC statute of limitations back in line with most states, those with their own safety and health laws, and those where the federal government administers these laws.

    Before this change, NCDOL had the authority to issue citations for violations dating back to the 1970s, as long as they were issued within six months after NCDOL initiated an inspection. However, this modification limits citations to violations occurring within six months of the citation being issued. Employers should now carefully consider the timing of their inspections and ensure compliance within this window.

    Adopting New Standards

    The budget eliminates an exception in state law that allowed NCDOL to adopt occupational safety and health standards identical to federal regulations without the usual process of public notice, comments, hearings, and oversight by the North Carolina Rules Review Commission. Starting July 1st, 2023, all changes to OSHA standards adopted by NCDOL will be subject to this oversight.

    This change aligns with federal law, which requires state plans to maintain standards “at least as effective” as federal OSHA standards. It also means that employers may have a basis to challenge the legality of any OSHA standard adopted by NCDOL after July 1st, 2023, that does not go through the standard rulemaking process.

    Local Wage And Hour Laws

    Perhaps one of the most impactful changes for employers is the budget’s statement that policies outlined in the North Carolina Wage and Hour Act now supersede and preempt any local government ordinances, regulations, or policies pertaining to the compensation of employees. This includes wage levels, hours of labor, payment of wages, benefits, leave, and the well-being of minors in the workforce.

    While local governments can still regulate their own employees and enact measures to comply with certain programs, they are barred from adopting minimum wage, overtime, or paid leave laws that differ from state law. This move eliminates the potential for a patchwork of local wage and hour laws, which can create compliance challenges for employers.

    It’s important to note that any modifications to North Carolina’s minimum wage, overtime, or paid leave laws must be enacted statewide, as the state’s constitution already prohibits the General Assembly from enacting local laws regulating labor matters.

    Your Guiding Light

    North Carolina business owners often find themselves in unfamiliar terrain in the ever-shifting landscape of workplace regulations and legal compliance. Navigating the complex maze of state-specific laws can be daunting. However, there’s a guiding light in the form of a professional employer organization (PEO). Picture a PEO as your customized compass, finely tuned to navigate North Carolina’s unique regulatory waters. It’s your trusted ally, ensuring you stay compliant and sail smoothly through the intricacies of state laws. With a PEO like GMS by your side, you’re not just ticking checkboxes; you’re unfolding the sails of your business towards untapped horizons. It’s not just assistance; it’s a transformative voyage toward unlocking North Carolina’s business potential. So, don’t merely comply – transcend and let a North Carolina-focused PEO be your guiding star on this journey. Get a quote from us today.

  • To protect workers and revolutionize workplace safety, California Governor Gavin Newsom recently signed Senate Bill 553, a groundbreaking law requiring employers to adopt comprehensive workplace violence prevention plans. These plans will help maintain records of threats or incidents of workplace violence and ensure that workers receive effective training to handle each situation. This marks a significant milestone in ensuring the safety of employees in a wide range of industries.

    A Broader Approach To Workplace Safety

    California’s new workplace violence prevention law, which extends its requirements to nearly all employers, represents a significant leap forward in ensuring the safety of employees. While specific industries such as health care have already established workplace violence prevention standards, this law broadens the scope, providing protections to workers in various sectors.

    Key Elements Of The Workplace Violence Prevention Plan

    One of the foundations of this new legislation is the requirement for employers to establish a written workplace violence prevention plan. This plan should encompass several elements, including:

    1. Designating a responsible person for implementing the program 
    2. Procedures for reporting and responding to workplace violence incidents
    3. Ensuring non-retaliation against employees who report such incidents
    4. Providing means for employees to report incidents or concerns without fear of reprisal
    5. Methods to alert employees about the presence, location, and nature of workplace violence emergencies
    6. Evacuation or sheltering plans appropriate to the work site 
    7. Processes for investigating employee concerns and informing employees of the investigation results
    8. Employee involvement in developing and implementing the violence prevention plan 
    9. Periodic reviews and revisions of the plan as needed

    The Power Of Training

    Another crucial aspect of the law is the requirement for employers to train workers on “red-flag behaviors” and strategies for de-escalating potentially volatile solutions. This training empowers employees to recognize warning signs and appropriately defuse conflicts before they escalate into violence.

    Keeping Detailed Records

    Beginning on July 1st, 2024, employers must log all reports of violence or threats and document their actions in response to these incidents. The log must not contain any personally identifiable information to safeguard employees’ privacy. These records must be maintained for at least five years and made available to the California Division of Occupational Safety and Health (Cal/OSHA) upon request. Employers can face fines if they do not keep the log properly.

    Trends And Prevention

    Maintaining these records is not just about compliance but also about improving long-term violence prevention efforts. By keeping track of incidents and responses, California employers will have an opportunity to identify trends within their organizations, allowing them to develop more effective violence prevention strategies.

    Protecting Employee Identities

    To encourage reporting without fear of retaliation, a provision in the law allows a supervisor or union representative to apply for a temporary restraining order on behalf of an employee without revealing the employee’s name in the report. This provision is set to take effect on January 1st, 2025, and aims to provide a more secure channel for reporting credible threats.

    Exemptions And High-Risk Industries

    The new law does not apply to employers already covered by California’s existing workplace violence prevention standard for the health care industry, telecommuting employees working from a location of their own choice, and worksites with fewer than 10 employees that are not accessible to the public. High-risk industries are more vulnerable to workplace violence and include the following:

    • Health care
    • Late-night convenience stores
    • Taxi services
    • Ride-hailing companies
    • Customer service offices

    Establishments serving alcohol, including restaurants, bars, and casinos, also face a higher risk, according to the U.S. Occupational Safety and Health Administration (OSHA).

    Workplace Violence Statistics

    Workplace violence is a pressing issue that this law seeks to address. In 2020, there were 392 workplace homicides and 37,060 nonfatal injuries in the workplace resulting from intentional harm by another person, as reported by the U.S. Bureau of Labor Statistics (BLS). These incidents occurred across various industries, making the need for comprehensive prevention measures evident.

    The Benefits Of A PEO

    The new California law on workplace violence prevention has opened a path to a safer and more secure future for employees. However, navigating this path successfully requires expertise and guidance, which is where professional employer organizations (PEOs) like GMS can shine. These seasoned professionals specialize in navigating the intricacies of labor regulations, offering tailored solutions to meet the demands of this legislation. As a business owner, when you partner with a PEO, you’re unlocking the full potential of your workforce, fostering a culture of safety and well-being. In this era of change and progress, the collaboration between California’s law and PEOs creates a simpler, safer, and stronger tomorrow for business owners. Contact us today to learn more.

  • In a move that has been long-awaited by workers and advocates across New York, Governor Kathy Hochul has taken a decisive step to improve the lives of injured workers. She signed into law a bill that will not only increase the minimum weekly workers’ compensation benefit but also revolutionize the way these benefits are calculated, ensuring a fairer and more just system.

    A Boost In Workers’ Compensation Benefits

    The heart of this groundbreaking reform is the significant increase in the minimum weekly permanent and temporary partial disability benefits. As it stands, the minimum weekly benefit has remained stagnant since May 2013 at $150. However, with the signing of S1161/A2034, these benefits will see a remarkable transformation. In 2024, the minimum weekly benefit will rise to $275, providing immediate relief to workers who have long felt the weight of inadequate compensation.

    But that’s not all; the bill doesn’t stop at a one-time increase. In 2025, it will continue its upward trajectory, reaching $325 per week. These changes are not just about numbers; they’re about improving the lives of workers who depend on these benefits to make ends meet when faced with an injury.

    A Fairer And More Equitable Future

    The most transformative aspect of this reform is the indexing of minimum weekly benefits to the state’s average weekly wage, ensuring fair compensation for all injured workers. Beginning in 2026, these benefits will be linked directly to the state’s average weekly wage, the same metric used to adjust the maximum benefit.

    Under this new system, the minimum weekly benefit will be set at one-fifth of the average wage. This means that if an injured worker’s earnings fall below the threshold, they will receive full wages as compensation for their covered injury. This change is a game-changer for those who, in the past, were left with inadequate compensation due to lower incomes.

    This new law is a testament to the power of advocacy and the determination to create a more equitable society. It acknowledges the fundamental principle that every worker, regardless of their income, deserves fair compensation when faced with a work-related injury. Governor Hochul’s signature on this bill marks a historic moment for New York and a brighter future for its injured workers.

    Navigate The Future Of New York Labor Laws With GMS

    In light of these progressive changes in workers’ compensation benefits, the landscape of employment in New York is evolving rapidly. For businesses, this presents an excellent opportunity to demonstrate their commitment to their employees’ well-being while also staying compliant with the latest regulations. Partnering with a professional employer organization (PEO) like GMS is the key to confidently navigating these changes.

    PEOs offer guidance on navigating the intricacies of these new laws and provide tailored solutions to ensure your business is fully compliant. Partnering with us allows you to focus on what you do best – growing your business – while we handle the complexities of compliance, ultimately fostering a more productive, happier, and secure work environment for your employees. When you partner with us, we’ll lead the way by helping you embrace the future of workplace fairness. Contact us to learn more.