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  • The Occupational Safety and Health Administration (OSHA) has recently increased its focus on medical mismanagement claims to establish violations of the general duty clause of the Occupational Safety and Health Act (OSH Act). All employers, particularly those with onsite medical professionals, must be vigilant in addressing these claims and taking proactive steps to protect themselves. Continue reading to explore essential information and strategies to effectively defend against OSHA’s medical mismanagement claims.

    Understanding The OSH Act And The General Duty Clause

    The primary objective of the OSH Act is to ensure that employers maintain a safe and healthy work environment, free from recognized hazards such as toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, and unsanitary conditions. The general duty clause empowers OSHA to address hazards for which no specific standards exist. Recent applications of the general duty clause by OSHA have included addressing issues related to the COVID-19 pandemic, heat-related illnesses, and workplace violence.

    While medical mismanagement claims are relatively rare, experts anticipate that OSHA will increasingly rely on them to address ergonomics and repetitive motion injuries in the workplace. Repetitive motion injuries are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over. The growing interest in ergonomics primarily applies to industries such as warehouses, poultry processing, and similar work environments.

    Defining Medical Mismanagement 

    To grasp the implications for employers, it’s essential to understand what medical mismanagement entails. This concept involves allegations that employers have inappropriately delayed the evaluation, care, or treatment of injured workers. This is beyond what OSHA considers acceptable standards by a medical provider outside an onsite medical clinic or representative.

    Medical mismanagement can encompass many mistakes, errors, and omissions that occur during diagnosis, treatment, surgery, or overall patient care. Moreover, it may involve prematurely returning injured workers to their regular job duties.

    Common Ways Medical Treatment Delays Occur

    Employers often inadvertently contribute to medical treatment delays for employees injured on the job. Common factors leading to delays include: 

    • Failure to promptly prepare a written notice of the accident
    • Neglecting to document health problems as work-related 
    • Inadequate communication with the insurance company 

    OSHA has identified several specific areas of medical mismanagement concerns that employers should be aware of. These include: 

    • Insufficient opportunities provided for employees to become conditioned to their job
    • Inadequate information provided to occupational health professionals (OHPs)
    • Incomplete medical records
    • Lack of follow-up by OHPs with employees who have returned to work
    • Inappropriate job accommodations for workers returning from medically directed time off
    • Inappropriately conservative treatment approaches
    • Lack of precision in medical protocols 

    Steps Business Owners Should Take To Prevent OSHA Medical Mismanagement Claims 

    Implementing effective defense strategies is crucial for business owners to prevent OSHA medical mismanagement claims and protect their businesses. First and foremost, ensuring compliance with OSHA standards is paramount. By regularly reviewing and updating safety policies, procedures, and training programs, companies can demonstrate their commitment to maintaining a safe work environment.

    Robust documentation of workplace injuries and medical treatments is also essential, providing evidence of timely and appropriate care. Establishing an efficient system for injury reporting and investigation allows for prompt identification and resolution of potential issues. In addition, maintaining well-managed onsite medical professionals who follow established protocols and provide comprehensive care further strengthens the defense against medical mismanagement claims. By proactively implementing these defense strategies, business owners can mitigate the risk of OSHA investigations and protect their employees.

    Stephen Barr, GMS’ Safety Coordinator II, added, “It’s important that an injured employee is provided with timely and appropriate treatment to prevent further injuring themselves. Failure to make timely medical referrals for workplace injuries can result in substantial fines from OSHA. Employees must ensure that they have appropriate procedures in place for employees to promptly report workplace injuries.”

    Don’t Manage This On Your Own

    Running a business involves countless responsibilities and demands, leaving little time to single-handedly manage OSHA compliance and fend off potential risks. Fortunately, there are solutions tailored specifically to support business owners like you. Have you discovered the benefits of a professional employer organization (PEO)? Look no further, as Group Management Services (GMS) stands ready as a certified PEO (CPEO) to alleviate the administrative burdens associated with your business operations.

    More importantly, our safety experts can effectively address OSHA medical mismanagement claims. We offer expertise, guidance, and support in navigating complex OSHA regulations and developing robust safety programs. Through our strategic partnership, businesses can strengthen their defense strategies, ensure compliance with OSHA standards, and mitigate the risk of medical mismanagement claims. There’s no need for you to be worrying about this anymore. Get a quote from us today.

  • Wekiva Springs Hospital, a prominent behavioral health and substance disorder facility in Florida, recently found itself under the spotlight due to alarming reports of workplace violence. The U.S. Occupational Safety and Health Administration (OSHA) shed light on a distressing investigation that revealed a staggering 182 alleged incidents of workplace violence in 2022 alone, with a striking 70% requiring the involvement of the police. These heart-wrenching incidents not only resulted in hospital workers enduring severe injuries, such as broken bones and concussions, but also showcased the urgent need for fortified measures to protect employees in the face of unpredictable dangers.

    As one incident unfolded, a patient repeatedly assaulted an employee, relentlessly smashing their head into an air conditioning unit. In response to these concerning findings, OSHA cited Wekiva Springs Hospital for a serious violation, accusing the facility of failing to provide a workplace free from safety hazards capable of causing physical harm or even death.

    The proposed fines of $15,625 sent a message that safeguarding employees from workplace violence is not a matter to be taken lightly, urging organizations to fortify their defenses and implement effective preventive measures.

    Wekiva Springs Center

    Wekiva Springs Center provides behavioral health and substance abuse treatment to adults and seniors in Jacksonville, Florida, and surrounding areas. Their continuum of care offers inpatient and outpatient programming to accommodate the severity of each patient’s condition. Every patient sees a primary therapist and attending physician regularly. Their approach to wellness is customized, holistic, and multidisciplinary.

    The Importance Of Workplace Violence Measures

    In today’s ever-evolving professional landscape, ensuring the safety and well-being of employees has become an utmost priority for organizations. Among the numerous concerns that demand attention, workplace violence is a critical issue that cannot be overlooked. There are approximately 396,00 assaults that occur in workplaces across the country every year.

    The significance of implementing robust workplace prevention measures cannot be overstated. Beyond preserving physical safety, these measures safeguard the essence of a thriving work environment – a place where individuals can excel, collaborate, and innovate without fear. By proactively addressing and mitigating potential risks, organizations protect themselves from harm and foster a culture of trust, productivity, and unity.

    A workplace that prioritizes violence prevention not only attracts and retains top talent but also creates a resilient foundation for long-term success. By recognizing the importance of these measures, you take the crucial step toward building a workplace where everyone can thrive, grow, and flourish.

    Workplace Violence Prevention + GMS = Thriving Work Environment 

    The challenges of running a successful business can often be overwhelming for small business owners. However, when it comes to preventing workplace violence, partnering with a professional employer organization (PEO) might be your best solution. At GMS, we bring our expertise and resources to the table, empowering business owners to take proactive measures that ensure the safety and security of their employees. We help you develop comprehensive policies and procedures tailored to your unique needs. From conducting risk assessments to implementing effective training programs, we equip owners with the tools to identify and address potential threats.

    By leveraging the strategic support of a PEO, small business owners can navigate the complex landscape of workplace violence prevention with confidence, creating an environment where employees can thrive and feel safe. With GMS by your side, you can prioritize the well-being of your workforce while focusing on what you do best – building a successful business. Contact our experts today to learn how you can get started.

  • JZ Exteriors and Repairs LLC, a roofing contractor in Illinois, recently received citations from the U.S. Occupational Safety and Health Administration (OSHA). The company received the citation because it failed to protect its workers from falling hazards. In addition to this citation, the company already had existing unpaid penalties of $31,163 for workplace safety violations.

    Diving Deeper Into The Citations

    OSHA inspectors identified the following issues:

    Lack of fall protection and training

    During their inspection, OSHA inspectors observed six roofers removing asphalt shingles from a commercial building at heights of up to 12 feet without any fall protection measures in place. The company failed to provide proper training in using fall protection equipment.

    Absence of accident prevention programs 

    JZ Exteriors and Repairs LLC did not have an accident prevention program in place, which is essential for ensuring workplace safety.

    Inadequate hazard inspections

    The company lacked a competent individual responsible for inspecting worksites for potential hazards, which is crucial for identifying and addressing safety risks. 

    In addition to these issues, the company also failed to use ladders properly, de-energize circuits, thereby exposing workers to electrical hazards, and did not have a fire extinguisher readily available for emergencies. 

    As a result of these violations, OSHA cited JZ Exteriors and Repairs LLC for five repeats, four serious, and one other-than-serious violation. The total penalties imposed amounted to $66,711. The company now has 15 business days to take the following actions:

    • Comply with the citations and penalties 
    • Request an informal conference with OSHA’s area director to discuss the findings
    • Contest the finding before the independent Occupational Safety and Health Review Commission 

    A Business Owner’s Worst Nightmare 

    Experiencing citations and hefty penalties from OSHA can be a business owner’s worst nightmare. The consequences not only include financial burdens but also reputational damage and potential harm to workers. However, there is a solution that can help prevent such nightmares from occurring within your business – partnering with a professional employer organization (PEO). A PEO like GMS specializes in managing various aspects of HR, including workplace safety compliance. You can ensure that you have a robust safety program in place, proper training for employees, and regular hazard inspections. 

    In addition, our safety experts provide guidance on OSHA regulations, helping business owners stay ahead of potential violations and maintain a safe working environment. Don’t let your business face the same fate as JZ Exteriors and Repairs LLC. Consider the proactive approach of partnering with GMS to protect your workers and your business from potential nightmares. Contact us today to learn more. 

  • Due to unidentified risks, 77% of companies faced operational mishaps within the last five years alone. Even with extensive safety measures and planning, accidents still happen, and unforeseen events could have catastrophic consequences for your employees and business. The source of a threat can come anywhere – from legal liabilities to accidents in the workplace and everything in between. That is why risk management is an essential component of any successful business strategy.

    By developing a robust risk management plan, you can mitigate these hazards and ensure you and your employees have appropriate training and are well-prepared to handle any unexpected challenges that may arise. As a small business owner, understanding the fundamentals of risk management is crucial to achieving your goals and keeping your employees safe.

    What Is Risk Management?

    Risk management involves identifying, assessing, and prioritizing potential risks that could negatively impact a company’s operations, reputation, or financial stability. It consists of evaluating the likelihood and impact of those risks and taking steps to mitigate or avoid them.

    In the United States, millions of workers suffer from serious job-related injuries every year, according to the Occupational Safety and Health Administration (OSHA), resulting in lost productivity, workers’ compensation claims, and increased insurance rates. Risk management is a proactive approach that works to prevent these types of accidents by identifying hazards and implementing strategies to minimize the likelihood of damage occurring and protect your employees.

    Understanding Workers’ Compensation 

    Workers’ compensation is a type of insurance that benefits employees who are injured or become ill due to their job. The goal of workers’ compensation is to ensure employees receive the medical care they need and receive compensation for lost wages.

    An employee must have been injured or become ill while on the job to be eligible for workers’ compensation benefits which include injuries that occur while traveling for work or attending a work-related event. Employees eligible for workers’ compensation benefits are entitled to receive benefits regardless of who was at fault for the injury. Additionally, you must report workplace injuries to your insurance carrier and provide the injured employee with the necessary paperwork to file a claim.

    Different types of workers’ compensation claims include medical care, lost wages, and disability benefits. Medical care benefits cover the cost of medical treatment related to the injury or illness. Lost wage benefits provide a portion of the employee’s regular wages while they cannot work due to the injury. Disability benefits provide ongoing financial support for employees who cannot return to work due to a permanent disability.
    Injuries covered by workers’ compensation can include everything from slips and falls to repetitive motion injuries. It’s essential that you have a clear understanding of the types of damages protected by workers’ compensation and ensure your employees are aware of their rights.

    While navigating the workers’ compensation claims process can be complex, there are practical steps employees can take to ensure they receive the benefits they are entitled to. These steps include reporting injuries promptly, seeking medical attention, and working with an experienced workers’ compensation organization. You should have a straightforward process in place for reporting workplace injuries and work closely with your insurance carrier to ensure that claims are processed efficiently.

    Workers’ Rights To A Safe Workplace

    Workplace safety is a critical issue that affects employees’ health, productivity, and overall well-being, and it’s your legal responsibility as their employer to comply with OSHA guidelines. Failure to comply with safety regulations can result in severe consequences, including fines, penalties, and legal action.

    The OSHA guidelines outline the minimum safety requirements that you must meet to ensure a safe working environment. These guidelines cover a range of issues, including hazard communication, personal protective equipment, machine guarding, and electrical safety. You must provide safety training and equipment to your employees and maintain records of workplace injuries and illnesses.

    Workers have the right to a safe working environment and can take steps to report safety violations in their workplace by filing a complaint with OSHA or their state’s workplace safety agency. Employees cannot be retaliated against for reporting safety violations.

    OSHA enforces these regulations through inspections and investigations of workplace safety violations. Employers found to be in violation of safety regulations can face significant fines and penalties. A serious violation can result in a fine of up to $15,625, while a willful violation can result in a fine of up to $156,259. In addition to financial penalties, employers may also face legal action and negative publicity for failing to provide a safe working environment.

    Violations include failure to provide proper safety equipment, inadequate training, and failure to maintain machinery and equipment. These violations can lead to severe injuries and even fatalities. For example, an employer who fails to provide proper fall protection equipment to employees working at heights can face serious consequences if an employee falls and suffers a fatal injury.
    However, you can take practical steps to ensure you meet safety requirements and avoid fines. These steps include conducting regular safety audits, providing proper safety training and equipment, and maintaining accurate workplace injuries and illnesses records. You can also consult with workplace safety experts to stay up-to-date on the latest safety regulations and best practices.

    Workplace Safety Strategies 

    There are a variety of workplace risks that can threaten your employees, including falls, chemical exposure, and electrical hazards. Failing to take the appropriate precautions can turn the workplace into a dangerous threat for your employees and a potentially devastating financial expense.

    Workplace safety involves identifying potential hazards in the area of operation and implementing measures to prevent accidents and injuries. Safety audits must occur regularly to find the best strategies to mitigate risks. This can include:

    • Providing employees with personal protective equipment (PPE)
    • Employee safety training on equipment and emergency drills
    • Implementing safety protocols for working with high-risk materials
    • Developing a comprehensive risk management plan that outlines potential risks and mitigation strategies
    • Working closely with insurance carriers to ensure that claims are processed efficiently

    Ensuring a safe work environment is an ongoing process that requires high levels of attention to protect your employees and minimize the financial impact of workplace incidents.

    Ongoing Risk Management

    Unfortunately, risk management is not a “one and done” type of process but requires continuous monitoring and revisions to your plan. It’s critical that you consistently reevaluate risks; proactive and preventive measures will benefit your business in the long term through:

    Identifying new risks: Business environments are constantly changing, and unknown challenges can emerge at any time. Ongoing monitoring and reviewing risks can help you identify new threats as they arise, allowing you to take proactive steps to mitigate them.

    Ensuring compliance: Laws and regulations related to risk management can change over time. Continued monitoring and reviewing of risks can help you ensure that you comply with any new laws or regulations pertaining to risk management, preventing legal issues and financial penalties.

    Improving decision-making: Ongoing risk monitoring and reviewing can provide you with valuable data and insights that can inform decision-making. This can help you make more informed decisions related to risk management, such as whether to invest in additional risk reduction measures or transfer risks to another party.

    Protecting the business’s reputation: Constant monitoring and reviewing risks can help you identify potential reputational risks before they become significant. You can take proactive steps to protect your reputation and maintain the trust of your customers and stakeholders.

    Minimizing financial losses: Effective risk management can help you reduce the economic impact of potential risks. For example, insurance coverage can help mitigate the financial impact of a natural disaster or other unexpected event.

    Enhancing stakeholder confidence: A risk management plan can enhance stakeholder confidence in your business by demonstrating you’re taking proactive steps to manage potential risks.

    Your Risk Management Plan

    Effective risk management means controlling future outcomes by acting proactively rather than reactively. Ultimately, by understanding the basics of risk management and implementing effective strategies, you can protect your business against potential risks and ensure its long-term success.

    The comprehensive process of risk planning combined with the ongoing need to monitor new and evolving risks is no easy task, especially when you’re already responsible for running the business itself. But you don’t need to do it alone; let us help you!

    Our extensive risk management services and experienced analysts help you stay ahead of risks associated with everything from workers’ compensation to workplace hazards. We build you a strategic risk management plan customized to your business. Additionally, we offer onsite consulting, job site inspections, training services, and OSHA inspection assistance so you no longer have to worry about potentially devastating accidents burdening your business. To find out which services will best benefit you and your business, contact us today!

  • Porter Roofing Contractors Inc., a Tennessee-based roofing contractor, face a hefty penalty after the U.S. Occupational Safety and Health Administration (OSHA) cited them. This citation came following the death of an employee who had fallen through a skylight at a Florida airport hangar. OSHA cited the company for four serious violations and proposed $53,797 in penalties.

    OSHA stated that Porter Roofing failed to inspect job sites, materials, and equipment regularly. In addition, they exposed their workers to electrical, struck-by, and fall hazards while failing to report work-related employee hospitalization within 24 hours.

    About Porter Roofing Contractors Inc.

    Porter Roofing is your single-source contractor for consultation, execution, and installation of various high-performance roof systems. They have blueprinted an innovative culture throughout their company, emphasizing the welfare and safety of everyone involved with any roofing project they undertake.

    The Assistance Of A PEO

    Unfortunately, the failure of Porter Roofing to prioritize the safety of its workers resulted in the tragic loss of an employee’s life. This serves as a reminder to take proactive measures to safeguard your workers and prevent unnecessary loss of innocent lives. Have you considered partnering with a professional employer organization (PEO)? A PEO such as Group Management Services (GMS) helps businesses with OSHA compliance to reduce the risk of an OSHA inspection and to prepare for one if it does occur.

    At GMS, our risk management team can perform a comprehensive assessment of your company’s safety practices identifying areas of non-compliance with OSHA regulations. The assessment can include the following:

    • Review safety policies and procedures 
    • Conduct safety policies and procedures 
    • Identify training needs

    We provide you with safety training for your employees so you can avoid accidents and injuries and reduce the risk of OSHA violations. In addition, if you don’t already have safety programs and policies in place, our experts help you develop and implement safety programs and policies that comply with OSHA regulations. We do it all. Contact us today to ensure your workers are working in a safe environment.

  • On March 13th, 2023, the Occupational Safety and Health Administration’s (OSHA) new rule outlining whistleblower protections under the federal Taxpayer First Act (TFA) took effect. Congress enacted the TFA in 2019 and required the Internal Revenue Service (IRS) to notify a taxpayer if the IRS or a Federal or State agency recommends disciplinary action against an employee found to have accessed or disclosed the taxpayer’s return or return information without permission. Whistleblowing is the lawful disclosure of information a discloser reasonably believes evidence of wrongdoing to an authorized recipient.

    New Whistleblower Protections

    This new rule protects whistleblowers who testified about tax violations or assisted in a government investigation of tax violations. Actions protected by the rule include any “lawful act” by an employee to provide information or otherwise assist in “an investigation regarding underpayment of tax or conduct which the employee reasonably believes constitutes a violation of the internal revenue laws or any provision of Federal law relating to tax fraud.” The rule prohibits retaliation against employees who report tax fraud or underpayment of taxes.

    The following are considered illegal retaliation: 

    • Firing or laying off
    • Demoting
    • Denying employee benefits
    • Failing to hire or rehire
    • Reducing pay or hours
    • Denying overtime or promotion
    • Making threats
    • Reporting an individual to the police or immigration authorities

    Employees must file complaints within 180 days of the retaliatory action with OSHA by visiting their local OSHA office, sending a written complaint to the closest OSHA office, or filing a complaint online. 

    What Now? 

    While we continue to wait for more information on this ruling, it’s essential that you take action now. Fortunately, when you partner with a professional employer organization (PEO) such as GMS, you gain a partner who is there by your side. A PEO can help with whistleblower protections by providing a safe and secure mechanism for employees to report any unethical or illegal behavior they observe in the workplace without fear of retaliation. Our HR experts can help you develop and implement a reporting system that provides a straightforward and confidential method for employees to report concerns. Contact us today to learn more.

  • As a business owner, it’s essential that you create a safe work environment for your employees. A safe and healthy workplace protects your workers from injury and illness while also doing the following: 

    • Lowers injury/illness costs
    • Reduces absenteeism and turnover
    • Increases productivity and quality 
    • Raises employee morale

    The number of preventable work deaths increased by nine percent in 2021, totaling 4,472. In addition, there were over two million non-fatal workplace incidents in 2020. As we near the end of the first quarter of 2023, consider your efforts to prevent workplace injuries and areas that need improvement.

    An Example For Reference

    What better way to spread awareness for workplace safety than sharing a story of a company that was unfortunately faced with hefty penalties? Three workers at Wright Tool Company, a leading tool manufacturer in Barberton, Ohio, suffered injuries from unguarded machinery. These incidents triggered an Occupational Safety and Health Administration (OSHA) inspection, which led to $164,742 in proposed fines. Wright Tool Company has forged to finish the highest quality hand tools by hardworking Americans for even harder working professionals.

    The latest injury occurred on October 26th, 2022, when an employee suffered a thumb amputation when hand-feeding parts into a drill press using air-activated clamps. The other injuries occurred in December 2020 and June 2022 when both workers performed similar job duties and suffered laceration injuries. The company was cited for one willful violation of machine guarding standards, two serious, and one other-than-serious violation. On top of that, Wright Tool Company also failed to do the following:

    • Conduct hazard assessments to identify personal protective equipment needs and other requirements
    • Did not test energy control procedures at least annually
    • Did not train every employee to ensure they understood hazardous energy control procedures 
    • Enclose shafting

    What Now?

    Unfortunately, Wright Tool Company will have to pay $164,742 to OSHA for failing safety protocols. If they had taken proactive steps and improved their safety measures, these accidents could have been prevented. Partnering with a professional employer organization (PEO) like GMS will ensure that an accident similar to this won’t happen within your business. Many small business owners struggle to stay ahead of the risks associated with workers’ compensation and workplace hazards. Employers don’t need to settle for high compensation costs and issues from OSHA. When you partner with us, we simplify your administrative needs and create a culture of workplace safety, all while helping you save money. You ultimately gain a partner that enables you to take a proactive approach to address immediate issues and prevent potential problems in the future.

    Scott Lenigan, GMS’ Safety Coordinator III, expressed, “You gain a partner with a safety staff with a wealth of experience in all industries. Our services include safety program audits, workplace training, job site visits, accident and injury investigations, and help with required recordkeeping. In addition, our team has vast experience in the OSHA investigation process, being your advocate from the initial investigation to an informal conference to appeal any citations. Our team provides you with the tools to take a proactive approach to address immediate issues and prevent potential problems in the future.”

    Let’s not make the same mistakes this company made. Contact us today!

  • On February 3rd, 2023, the Office of Administrative Law (OAL) approved the Cal/OSHA COVID-19 regulation. It will remain in effect until February 3rd, 2025, with recordkeeping obligations remaining in effect through 2026. Alongside this, the Emergency Temporary Standard (ETS), which California employers have been following for the past three years, will come to an end.

    As a business owner, it’s essential that you understand what this regulation entails and what your responsibility is. For more information, click here. In addition, a fact sheet that the California Department of Industrial Relations released should also be utilized.

    Implement Changes With GMS

    With this new regulation in full effect, it’s essential that you take all steps necessary to ensure you comply. When you partner with GMS, we help you stay up to date with all rules and regulations. When new laws are enforced, we help you make the necessary changes to keep your business thriving. Contact us today.

  • On December 12th, 2022, Governor Kathy Hochul signed legislation establishing Carlos’ Law. Under this bill, corporate criminal liability for death or serious physical injury of an employee, whether a felony or misdemeanor, will be increased by a fine of up to $500,000.

    Carlos’ Law

    Carlos’ Law is named after Carlos Moncayo, a 22-year-old construction worker who tragically died at a New York City construction site in 2015. He was killed in the workplace because his employer ignored the repeated warnings of the dangerous conditions he was placed in.

    This law raises the financial penalties employers may face for workplace fatalities from a minimum of $5,000 and a maximum of $10,000 to a minimum of $300,000 and a maximum of $500,000. Under the new legislation, a corporation is guilty of criminal corporate liability for the death or injury of a worker when it negligently, recklessly, intentionally, or knowingly causes the death or serious physical injury of its employees while on the job.

    The law will do the following:

    • Impose criminal liability on a corporation when the conduct constituting the offense is committed by an agent of the corporation while acting within the scope of their employment and on behalf of the corporation, and the offense is “in relation to a crime involving the death or injury of a worker
    • Require a court to set restitution or reparations when a corporation is found guilty of an offense involving the death or injury of a worker
    • Impose a fine of not less than $500,000 nor more than $1 million when a corporation is convicted of a felony involving the death or injury of a worker
    • Impose a fine of not less than $300,000 nor more than $500,000 when a corporation is convicted of a misdemeanor involving the death or injury of a worker

    The ultimate goal of Carlos’ Law is to – “increase punitive measures so that corporations and their agents who ignore or fail to follow safety protocols and procedures and put workers at risk are less likely to write off serious workplace injuries as a minimal cost of doing business, and more likely to give workplace safety the serious attention it requires.”

    Stay Compliant, Partner With GMS

    As a business owner, it’s essential that you take all steps necessary to ensure the safety of your employees. The last thing you want is for an employee to get injured on the job. Add the hefty penalties you could face for not complying with the laws and regulations within each state. Whether you have a business in New York or not, there are always rules in place to ensure you provide a safe work environment for your workers. When you partner with GMS, our safety experts ensure you’ve created a culture of safety to minimize any risks your employees’ daily activities may carry. We help you take a proactive approach to workplace safety through various services, including:

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

    Make your work environment a safer place, contact us today.

  • While COVID-19 continues to affect individuals worldwide, states and several counties have extended COVID-19 safety rules, California being one of them. On December 15th, 2022, the California Occupational Safety and Health Standards Board voted to enact new COVID-19 prevention regulations. These regulations will be effective in January 2023 following a 30-day review period and remain in effect for at least two years.

    Flashback To 2020

    Since the very beginning of COVID-19 in 2020, the California Division of Occupational Safety and Health (CalOSHA) had implemented a series of emergency temporary standards (ETS) to help regulate COVID-19 within the workplace. Under specific conditions, OSHA is authorized to set ETS that take effect immediately and are in effect until superseded by a permanent standard. Typically, these standards are intended to be temporary, with an expiration date of six months. However, California’s Governor, Gavin Newsom, has continued to extend various iterations of the California ETS since 2020, with the last ETS expiring at the end of 2022 per executive order.

    What California Employers Need To Know

    As the ETS expired at the end of 2020, California’s Standards Board passed a non-emergency regulation that can stay in place indefinitely. However, the new regulations are only set for two years after their effective date, 2025. While these regulations reflect similarities to the requirements found in the COVID-19 Prevention ETS, the new provisions aim to make it easier for employers to provide consistent protections to their employees. It also allows for more flexibility if changes are made to guidance in the future from the California Department of Public Health.

    The following are requirements of the new regulation:

    • Exclusion of COVID-19 cases from the workplace and return-to-work requirements
    • Providing notice of potential COVID-19 exposures and access to free testing to identify close contacts
    • Implementation of workplace safeguards to prevent the spread of COVID-19, including ventilation enhancements and policies to encourage sick employees to stay home
    • Training of employees on COVID-19 hazards and the requirements of the regulations
    • Additional safety protocols are required for outbreaks (three plus cases in 14 days) and significant outbreaks (20 plus cases in 30 days)
    • Maintaining records for COVID-19 cases among employees

    Employers are not required to provide paid leave to employees that can’t work due to testing positive for COVID-19 or have been in close contact with someone with COVID-19. Since the new regulation follows the same guidelines as the original ETS and is less strict, existing policies should meet the requirements of the regulations. You must be consistent with the guidelines set by the California Department of Public Health. Additional information will be announced here.

    Allow GMS To Help!

    If you’re a business owner that’s been operating since the COVID-19 pandemic in 2020, you are already aware of specific regulations you must follow and enforce to protect yourself and your employees. However, if you’re a business owner in California, additional regulations are going into effect until 2025. While they may be similar to regulations you already have in place, it’s critical that you’re following them correctly. When you partner with GMS, we ensure you remain compliant and have rules and procedures in place. Whether it’s in your handbook and/or on a workplace poster in your common area, we’re here to help you every step of the way. Contact us today to learn more.