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  • California employers are facing a significant compliance challenge with the state’s recently enacted Senate Bill 553 (SB 553). Last year, California Governor Gavin Newsom signed SB 553 into law, which requires employers with at least 10 employees in California to develop and implement a Workplace Violence Prevention Plan (WVPP) by July 1, 2024.

    Employers will likely have to coordinate with multiple internal stakeholder groups, making it challenging to comply with the new law. California is the first state in the nation to pass such a sweeping WVPP law, setting the precedent that other states are expected to follow.

    Understanding The Mandate

    The law mandates that employers provide thorough training to all employees, covering a range of critical elements. The training must include instructing employees how to report concerns to their employer and to law enforcement. The training must also cover:

    • The statute’s definition of workplace violence.
    • The four types of workplace violence – criminal intent, customer/client, worker-on-worker, and personal relationship.
    • The employer’s plan.
    • The workplace violence hazards specific to the employees’ jobs.
    • How employees can protect themselves in the event of a workplace violence incident.
    • Employees may request to review or copy the employer’s records relating to the workplace violence prevention plan, including the violent incident log that the statue requires. The log must include a detailed description of each workplace violence incident and be maintained for five years.

    What This Means For Managers

    Managers will need guidance on the breadth of conduct covered by the law and the necessary reporting procedures. Managers must ensure that employees fully understand the meaning of workplace violence, including but not limited to the four workplace violence types:

    1. Criminal intent: This type of violence generally won’t have a legitimate relationship with the business or its employees.
    2. Customer/client: Involves a customer, client, patient, or visitor becoming violent towards an employee, often due to disputes over service, products, or perceived mistreatment.
    3. Worker-on-worker: Violence between coworkers, including bullying, frequently manifests as verbal and emotional abuse that is unfair, offensive, vindictive, and/or humiliating.
    4. Personal relationship: The perpetrator has a personal relationship with the employee outside of work, such as a domestic partner, and brings that violence into the workplace.

    Tracking Incidents

    Employers must also maintain detailed logs of all workplace violence incidents for at least five years, which employees can request to review. Employers should also consider whether workplace violence concerns can be incorporated into their existing reporting procedures for safety issues. Ensuring clear communication around this requirement will be key to encouraging reporting without deterring employees.

    Include Your Employees

    Employees should also have a role in the planning process because they are the ones who will bring the issues to HR. Every employee has a role in keeping the workplace safe and that should be the focus of the training.

    More Laws To Come

    Beyond the WVPP, California employers will need to prepare for other new employment laws taking effect in 2024, such as the increase in paid sick days and the new bereavement leave policy. Managers will likely require training on navigating these bills as well.

    Need Support Managing These Mandates?

    Navigating the complexities of workplace violence prevention and government mandates is a significant challenge for employers. GMS can provide expert guidance on ensuring compliance with these new laws and mandates. With GMS, you can remove the time spent worrying about missing legislative updates that may affect your business. Our team will help you create a combative strategy to ensure your operations continue running smoothly and safely. Contact GMS to learn more!

  • As more states across the U.S. legalize cannabis, its presence in the workplace has become a pressing issue for employers. States such as Colorado, Ohio, New York, New Jersey, and many others have legalized cannabis for recreational use, while even more have legalized it for medical purposes. As a business owner, this legalization presents a new set of challenges for maintaining workplace safety and compliance with employment laws.

    The primary concern centers on ensuring your workforce is unimpaired while on the job, especially in industries where safety is paramount, such as transportation, health care, and construction. As you can’t dictate what an employee does off the clock, adapting your business policies to prioritize sober working is crucial.

    Creating these policies is no small task; given the ever-changing legal landscape and the variations in laws across different states, any policy implemented today will likely require future updates and refinements to keep pace with ongoing changes. However, creating internal policies should still be a priority as it can safeguard your business against discrimination or wrongful termination suits if any incidents occur. To help you get started, we’ve compiled essential information to formulate a policy that suits your business needs and ensures compliance with local and federal regulations.

    Understanding Cannabis And Its Effects

    Cannabis or marijuana, primarily known for its psychoactive and medicinal properties, contains several compounds, with tetrahydrocannabinol (THC) and cannabidiol (CBD) being the most significant. Recreational cannabis has THC and CBD; the THC is the primary psychoactive component known for its ability to impair cognitive and motor functions, affecting decision-making, reaction times, and coordination. Separately, medical cannabis is stripped of the THC while keeping the CBD non-psychoactive and highlighted for its potential therapeutic benefits, such as reducing inflammation and anxiety without causing a “high.”

    The effects can vary depending on the individual, method of consumption, potency, and personal tolerance. However, typically, the impairment from smoking cannabis can last several hours, while edibles, which take longer to metabolize, can be delayed and last significantly longer. Understanding these variances is crucial for employers and employees to make informed decisions about consumption during personal time.

    Developing Workplace Policies

    As an employer, it’s essential to balance both the rights of employees who use marijuana legally outside of work and your ability to maintain a safe work environment. This can include implementing policies that prohibit working under the influence of marijuana, even if used off-duty. However, you must check your local and state laws to remain compliant when crafting your drug policies.

    In some states, such as Illinois, where cannabis has been reclassified as a “lawful product,” you’ll need to be mindful not to break the state’s Right to Privacy in the Workplace Act, which prohibits employers from discriminating against employees for off-duty “use of lawful products.”

    Despite the complexities of these differing state laws, you can still develop policies that safeguard your employees and minimize the risk of accidents. Your policies should clearly and fairly outline your stance on cannabis to prevent impairment in the workplace. In addition, it should clearly define the consequences of policy violations to ensure that all team members understand the seriousness of compliance. Having a detailed policy that includes possible repercussions can help safeguard your business in the event of a violation that leads to a termination of employment.

    In addition to developing comprehensive policies, it’s critical to train your team to ensure effective implementation. These policies should also be easily accessible to your staff for review whenever necessary. Including them in an employee handbook is an ideal start, as it’s often the most centralized resource for employees to find company information.

    Testing And Monitoring

    Unlike alcohol, cannabis can stay in an individual’s bloodstream for 30 days and hair for up to 90 days or longer for regular consumers. This means drug tests aren’t always reliable for determining active impairment. In addition, there is also no legally or medically accepted definition of what constitutes impairment for cannabis use, making it more difficult to accurately determine an employee’s non-compliance with your policies.

    However, there are a few signs you can look out for. If you carefully document instances over time, you should be protected from a wrongful termination suit if you end up needing to fire an employee due to non-compliance. These signs include:

    • Poor muscle or limb coordination 
    • Delayed reaction times and abilities 
    • Red eyes
    • Changes in speech or overall behavior
    • Negligent or carelessness while on the clock
    • Panic or anxiety

    While employees may have the right to use marijuana recreationally or medically in states where it is legal, employees are generally not permitted to be impaired at work, especially in safety-sensitive positions. This means business owners are well within their rights to enact policies and monitor employees to protect their teams and businesses.

    Prevention And Employee Assistance

    While implementing policies is a significant step in ensuring a safe work environment, establishing a healthy workplace culture that prioritizes safety is another way to help prevent injuries due to cannabis use. Positive cultures tend to have collaborative mindsets where teams and individuals work together towards common goals. This sense of shared responsibility not only boosts productivity and retention but also creates an environment where employees are motivated to perform at their best. This supportive atmosphere helps ensure that safety is a collective priority and can significantly reduce the risks of workers showing up with impaired functioning.

    In addition, offering employee assistance programs (EAPs) can help employees struggling with substance abuse issues. EAPs can help address employees’ personal issues by providing confidential and professional counseling; some even offer this service via phone, text, and email 24 hours a day, 365 days a year, to ensure your team can get the help they need.

    How GMS Can Help

    Professional employer organizations (PEOs), like GMS, can help with various tasks, including developing your HR policies and procedures and employee training. As a small business owner, you have a lot on your plate, and ensuring compliance with local and federal regulations can be complicated, stressful, and time-consuming.

    Additionally, GMS can help you offer employees the best health care benefits while reducing your overall costs. Traditional health care arrangements are no longer working. Whether your organization lacks an HR department or simply needs a resource to make more informed decisions about the management of benefits, GMS is here to help. GMS changes the approach to increase affordable options and give your employees access to small business health insurance.

    GMS takes the administrative burdens off your plate. Our team of experts ensures compliance, giving you peace of mind while saving you time and money. Contact us today to get started.

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

    Allegations And Retaliation

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

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

    Legal Action And Consequences

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

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

    How A PEO Can Help

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

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

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

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

    What Is Workers’ Compensation?

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

    What Does Workers’ Compensation Cover?

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

    In addition, workers’ compensation can include the following:

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

    Employer Responsibilities

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

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

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

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

    Protect Your Business With GMS

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

    Cost containment

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

    Loss prevention

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

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

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

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

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

    Understanding Workplace Risks

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

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

    Proactive Measures

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

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

    Establish safety protocols and procedures

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

    Provide training and education programs

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

    Supply necessary safety equipment

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

    How To Create A Culture Of Safety

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

    Leadership commitment to safety

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

    Encourage employee involvement and open communication

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

    Monitor and show continuous improvement

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

    Stay Safe By Partnering With A PEO

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

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

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

    The Incident

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

    Citations And Violations

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

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

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

    Lessons Learned

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

    Safety First With A PEO

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

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

    Background

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

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

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

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

    Importance Of Compliance And Accountability

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

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

    Embracing A Culture Of Safety

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

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

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

    Contact us today to learn more!

  • 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 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.