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  • In a stride towards enhancing workplace safety and ensuring regulatory compliance, the U.S. Department of Labor (DOL) has proposed a groundbreaking proposed rule. This rule redefines the individuals authorized to accompany Occupational Safety and Health Administration (OSHA) compliance officers during workplace inspections. This initiative aims to usher in a new era of inclusivity and accountability in maintaining workplace safety by broadening the scope of representation.

    Expanding Representation

    Released on August 29th, 2023, the proposed rule signifies a transformative shift in the landscape of workplace inspections. At its heart, the rule empowers employees to authorize an employee or a non-employee third party to accompany OSHA compliance officers during inspections. It’s important to note the third party’s endorsement does not necessitate employer approval; it’s solely subject to the inspector’s consent. The rule is meant to enhance the efficacy and comprehensiveness of inspections, thereby fostering safer and more informed working environments.

    Embracing Diverse Expertise

    One of the features of the proposed rule is its departure from the traditional confines of who can be designated as a third-party representative. The law highlights that these representatives cannot be restricted to industrial hygienists or safety engineers. The driving force behind their inclusion is the unique expertise they bring, be it specialized skills, profound knowledge, or diverse experiences that can substantially enrich the compliance officer’s inspection process. This rule acknowledges that individuals with insights into specific hazards, workplace conditions, or even fluency in different languages can bridge communication gaps between OSHA representatives and workers.

    Addressing Concerns From Employers

    Employers have raised valid concerns about union representatives potentially exploiting safety inspections for their agendas. The potential presence of a wide array of representatives, including personal injury lawyers, experts, lobbyists, and legal advocates for public interest groups, has ignited discussions around conflicts of interest groups and the protection of sensitive information such as trade secrets. A trade secret is an intellectual property with inherent economic value because it’s not generally known or readily ascertainable by others, and the owner takes reasonable measures to keep it secret.

    While these concerns are valid, the proposed rule incorporates provisions that empower OSHA inspectors to prevent individuals from participating in inspections if their actions disrupt the process or jeopardize an employer’s ability to safeguard trade secrets and proprietary information.

    Leveraging PEOs For Seamless Implementation 

    As the proposed rule for expanded representation during OSHA inspections takes center stage, employers face opportunities and challenges in upholding workplace safety. However, partnering with a professional employer organization (PEO) can be your saving grace. PEOs such as Group Management Services (GMS) specialize in managing various HR functions, including compliance and safety, allowing businesses to navigate regulatory changes more effectively.

    With our expertise, we help employers understand the intricacies of the proposed rule, select appropriate third-party representatives, and ensure a seamless integration of these changes into their safety protocols. By partnering with us, employers can balance representation and safety, fostering a secure work environment that aligns with regulatory mandates and their employees’ well-being. As the discussion of this ruling continues, GMS is ready to support businesses in championing workplace safety while navigating the evolving landscape of employee representation. Get a quote today!

  • As scorching temperatures sweep across the United States, breaking records and posing serious threats to workers, President Joe Biden has taken a momentous step to safeguard their well-being. With the heat wave expected to intensify in central and southeastern regions, the risk to workers has never been higher. In response to this alarming situation, President Biden has directed the Department of Labor (DOL) to issue an unprecedented hazard alert for heat, marking the first of its kind in history. This landmark decision underscores the administration’s commitment to worker safety and sets the stage for crucial changes in heat-related protections under federal law.

    The Heat Wave’s Impact On Workers

    With triple-digit temperatures becoming the norm in various parts of the country, workers’ lives are being put at risk. Outdoor laborers, especially those in the construction and agriculture sectors, face extreme challenges due to prolonged exposure to the blistering heat. Heat-related illnesses such as heatstroke, heat exhaustion, and heat cramps become all too common during such weather conditions. The situation is further exacerbated for workers in central and southeastern regions, where the heat wave shows no signs of giving up.

    Phoenix baked under its 27th consecutive day of record-breaking heat with temperatures of 110 degrees Fahrenheit or higher. In Texas, 13 deaths and hundreds of injuries and emergency room admissions have been attributed to scorching heat waves. Heat mitigation has been a bargaining issue for UPS drivers who threatened to strike; union leaders and UPS announced a tentative deal to equip the trucks with air conditioning, heat shields, and additional fans.

    Biden’s Call For Action

    Recognizing the severity of the heat wave’s impact on workers, President Biden’s proactive approach in requesting the DOL to issue a hazard alert for heat is both timely and commendable. This alert reminds employers of their obligation to ensure a safe working environment for their employees during hazardous heat conditions. By spotlighting this issue, the administration aims to raise awareness about the dangers of extreme heat exposure and create a sense of urgency to implement necessary precautions.

    Enhanced Worker Protections

    The DOL’s hazard alert is not merely symbolic; it comes with tangible actions to mitigate risks and preserve worker health. Employers will receive vital information on the measures they can and should take to protect their workforce during heat waves. This includes guidelines on providing adequate shade, rest breaks, and access to hydration and training workers and supervisors to recognize and respond to early signs of heat-related illnesses.

    Moreover, the DOL’s decision to ramp up enforcement of heat-safety violations demonstrates the seriousness with which the administration views this matter. Holding employers accountable for neglecting their workers’ safety during extreme heat is crucial to creating a culture of adherence to heat-safety regulations.

    A National Standard For Workplace Heat Safety

    In addition to the hazard alert, the Occupational Safety and Health Administration (OSHA) is actively working towards developing a comprehensive national standard for workplace heat-safety rules. This ambitious undertaking aims to establish uniform guidelines and protocols for all industries and regions. A national standard will streamline safety procedures and ensure consistent and effective protection for workers, regardless of their location or occupation.

    How PEOs Build Stronger Heat Safety Protections For Businesses And Workers

    In the face of escalating heat waves and their potential threats to workers’ safety, businesses have a vital role to play in safeguarding their employees. Partnering with a professional employer organization (PEO) can be a game-changer for businesses navigating these challenging times. A PEO like GMS brings expertise in human resources, risk management, and workplace safety, enabling businesses to develop comprehensive heat mitigation strategies. From providing guidance on implementing heat safety protocols to ensuring compliance with federal regulations, a PEO empowers businesses to prioritize the well-being of their workforce. By collaborating with GMS, businesses can proactively equip their workers with the necessary resources and support, fortifying them against the scorching heat waves and creating a safer, more resilient work environment for all. Contact us today to ensure a safe work environment for your workers.

  • Workplace injuries can have a significant impact on employees and businesses, leading to lost workdays, reduced productivity, and soaring medical expenses. As a business owner, it’s crucial to recognize and address the unique challenges different age groups face in the workplace. Recent data highlights a concerning trend – older and newer/less experienced workers have higher injury rates.

    Research from Travelers insurance company sheds light on the need for heightened attention toward new and older workers regarding workplace injuries. Continue reading to explore strategies to reduce accidents and foster a safer working environment for all employees.

    The First-Year On The Job Challenge

    According to Travelers’ review of over 1.2 million workers’ compensation claims, 34% of workplace injuries occur during an employee’s first year on the job. These injuries result in nearly 7 million missed workdays, highlighting the need for a strong focus on safety training and awareness for new workers. The primary reason behind this trend is that fresh recruits often lack the same level of experience and familiarity with workplace hazards as their more seasoned colleagues.

    To combat this issue, business owners must prioritize comprehensive onboarding and training programs for new employees. Investing in well-structured orientation sessions and safety protocols can equip new workers with the knowledge and skills they need to navigate potential hazards safely. In addition, mentoring programs that pair new hires with experienced colleagues can provide an invaluable resource for addressing questions and concerns as they arise.

    The Aging Workforce Challenge

    While new workers require special attention, the study also revealed that the most expensive workers’ compensation claims come from employees aged 60 and older. These claims were about 140% more costly than those from workers aged 18 to 24. Although older workers may experience fewer injuries overall, the impact of their injuries is significantly higher due to longer recovery times and higher medical expenses.

    As the workforce becomes increasingly multi-generational, business owners need to implement strategies that cater to the unique needs of older employees. Proactive measures such as workplace ergonomics assessments, age-sensitive training programs, and flexible work arrangements can help mitigate the risk of injuries for older workers. Promoting a culture of open communication encourages employees of all ages to report potential hazards and seek necessary support, fostering a safer work environment for everyone.

    Embracing A Comprehensive Safety Culture

    To effectively address the challenges posed by workplace injuries, business owners must work hand in hand with management and employees to cultivate a comprehensive safety culture. The following are essential steps to consider:

    • Training and education: Provide ongoing safety training tailored to the diverse needs of different age groups. Engaging workshops, informative materials, and online resources can reinforce safety practices and keep employees informed about potential risks.
    • Hazard identification and mitigation: Regularly assess the workplace for potential hazards and take prompt action to address them. Encourage employees to participate in safety inspections and hazard reporting, empowering them to take ownership of their workplace safety.
    • Mentoring and knowledge sharing: Implement mentorship programs that connect experienced employees with newer ones. Encourage knowledge sharing and create a supportive environment where questions and concerns are welcomed and addressed promptly.
    • Health and wellness initiatives: Support employee well-being by offering health and wellness programs that promote physical and mental well-being. A healthy workforce is more likely to be alert, focused, and able to prevent accidents.
    • Emphasize safety leadership: Effective safety initiatives begin with strong leadership. Encourage supervisors and managers to lead by example and prioritize safety in decision-making.

    Empowering Safety And Compliance: Unleashing The PEO Advantage

    In the quest for a secure and compliant work environment that benefits all workers, small business owners have a powerful ally in professional employer organizations (PEOs). If you’re unfamiliar with what a PEO is, here’s a quick rundown.

    A PEO is a strategic partner that collaborates with small businesses to manage critical HR functions, allowing entrepreneurs to focus on their core competencies and growth. Through a co-employment arrangement, the PEO takes on responsibilities such as:

    • Payroll processing
    • Benefits administration 
    • Tax filings
    • Workers’ compensation

    As the business owner, you retain control over the day-to-day operations and decision-making. When you team up with a PEO like GMS, you gain access to comprehensive HR solutions, expert guidance, and invaluable resources, all tailored to promote workplace safety and regulatory adherence. We bring our expertise in developing personalized training programs, conducting meticulous risk assessments, and navigating the intricate maze of employment regulations. Embracing a partnership with a PEO empowers small businesses to effectively address the unique challenges posed by new and older workers, nurturing a multi-generational workforce that thrives in a secure and vibrant workplace.

    Let’s foster an environment where employees can flourish, unburdened by unnecessary risks, and assured of their well-being at the core of the organization’s prosperity. Get a quote from us today!

  • Safety in the workplace is essential for employers and employees. The Occupational Safety and Health Administration (OSHA), in response to concerning data on workplace accidents and injuries, has recently launched a proactive national emphasis program to prevent hazards in warehouses, processing facilities, distribution centers, and other “high-risk retail” establishments. This three-year initiative addresses the growing concerns surrounding worker safety in these industries, leading to a safer and more secure working environment for everyone involved.

    The Growing Need For Safety Measures

    A troubling increase in workplace accidents has accompanied the rapid growth of warehousing and distribution centers in recent years. The Bureau of Labor Statistics data indicates that injury and illness rates in these establishments surpass the private industry’s average and, in some sectors, are more than twice as high. Recognizing the urgency of the situation, OSHA has taken action to safeguard the well-being of workers and mitigate the risks they face daily.

    Comprehensive Safety Inspections

    As part of this three-year emphasis program, OSHA will conduct comprehensive safety inspections focusing on critical hazards commonly occurring in high-risk retail establishments. Some of the key areas of scrutiny will include:

    • Powered industrial vehicle operations: OSHA aims to assess and improve safety protocols related to the operation and use of powered industrial vehicles, such as forklifts and pallet jacks. Adequate training, maintenance, and safety procedures will be at the forefront of these inspections.
    • Material handling and storage: Warehouses and distribution centers often deal with heavy loads and potentially hazardous materials. OSHA will thoroughly evaluate the storage practices, equipment, and procedures to ensure the safe handling of materials.
    • Walking and working surfaces: Slips, trips, and falls are common accidents in high-risk retail establishments. OSHA will examine walking and working surfaces, focusing on potential hazards and the implementation of preventive measures.
    • Means of egress and fire protection: In the event of an emergency, easy and safe evacuation is crucial. OSHA will inspect exit routes and fire protection systems to guarantee that employees can quickly exit the premises in case of a fire or other hazards.
    • Storage and loading areas: With a particular focus on retail establishments with high injury rates, OSHA will pay close attention to storage and loading areas to identify potential dangers and ensure compliance with safety regulations.

    Addressing Health Hazards

    OSHA’s emphasis program goes beyond traditional safety hazards. The initiative will also assess heat and ergonomic hazards that employees may face in these industries. The aim is to identify and mitigate factors that could negatively impact workers’ health and well-being during the course of their duties. If necessary, health inspections may also be conducted to ensure compliance with health standards and protect workers from potential long-term health risks.

    Incorporating State Plans

    In a significant move, OSHA has mandated that state plans adopt this emphasis program or establish an alternative program that is at least as effective as the federal model. This ensures uniformity in safety regulations across the nation and emphasizes the importance of prioritizing workplace safety at all levels of governance.

    Create A Safer Workplace By Partnering With A PEO

    To create a safer and more secure working environment, businesses operating in high-risk retail establishments can turn to a powerful ally – a professional employer organization (PEO) such as GMS. GMS can play a pivotal role in bolstering workplace safety by providing expert guidance, comprehensive safety training programs, and tailored safety management solutions. Through a PEO partnership, businesses can gain access to a team of HR and safety professionals who specialize in OSHA compliance and best practices, ensuring that safety protocols are diligently followed. By entrusting their workforce’s well-being to a reputable PEO, businesses can focus on their core operations, confident that they have a dedicated partner to foster a culture of safety and prioritize the health of their employees. With OSHA’s national emphasis program and the expertise of GMS, businesses can build a secure and thriving workplace where the safety of every worker remains the utmost priority. Contact our safety experts today!

  • 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. 

  • New York lawmakers have introduced a new bill, S.B. 5081, to strengthen safety measures for warehouse workers. This bill builds upon the existing Warehouse Worker Protection Act (S.B. 8922) that was passed in December 2022. The new bill requires companies with workers engaged in manual materials handling tasks to develop an injury reduction plan to minimize the risk of musculoskeletal injuries and disorders such as tendonitis, arthritis, sprains, and strains.

    This plan includes hiring a certified ergonomist to evaluate the worksite and gather input from workers. An ergonomist is a professional who studies, designs, and evaluates human work systems with the goal of optimizing the performance and safety of those systems. The bill also includes protections against retaliation to protect any worker who reports any issues. Furthermore, employers must promptly address any risk factors that have caused or could potentially cause musculoskeletal injuries and disorders.

    Partner With Us!

    If this bill that requires safety initiatives for warehouse workers to pass, a professional employer organization (PEO) like GMS can assist small business owners in a variety of ways. Our experts help you navigate complex employment laws and regulations. We will help you understand the requirements of this bill and ensure compliance with its provisions, including developing and implementing the necessary safety initiatives and injury reduction plans.

    In addition, our safety experts can conduct comprehensive risk assessments of the workplace to identify potential hazards and areas of non-compliance and implement measures to mitigate them effectively. Ultimately, we’re here to provide ongoing HR support to small business owners. We help you stay updated on any changes to laws or regulations, provide guidance on best practices for maintaining a safe workplace, and assist with resolving any safety-related issues that may arise. Contact us today to learn how we can help your business thrive.

  • Workers’ compensation is a crucial aspect of the employment system that protects employees who are injured or have fallen ill while performing their job duties. It provides medical expenses, lost wages, and rehabilitation costs to employees who are injured or become ill at their job. It also pays death benefits to families of employees who are killed on the job. Each state mandates the coverage, and the wage and medical benefits vary by state.

    Unfortunately, many misconceptions about workers’ compensation can prevent workers from receiving the support they need. In this blog, we’ll discuss some of the most common misconceptions about workers’ compensation and how to avoid them.

    Misconception #1: Workers’ compensation is only for workplace injuries

    One of the most common misconceptions about workers’ compensation is that it only covers injuries that occur on the job site. In reality, workers’ compensation can cover various work-related injuries and illnesses, including those outside the workplace. For example, if an employee is injured while attending a work-related event or traveling for work, they may be eligible for workers’ compensation benefits.

    Misconception #2: Workers’ compensation is only for severe injuries 

    Another common misconception is that workers’ compensation is only for severe injuries that result in long-term disability or death. However, workers’ compensation can also cover minor injuries that require medical attention, such as sprains or strains. In fact, employees must report even minor injuries to their employer and seek medical attention, as these injuries can worsen over time and lead to more serious health problems.

    Misconception #3: You can’t receive workers’ compensation if the accident was your fault

    Some employees may hesitate to file a workers’ compensation claim if they believe the accident was their fault. However, workers’ compensation is a no-fault system, meaning employees can receive benefits regardless of who caused the accident. As long as the injury occurred while the employee performed work-related duties, they may be eligible for workers’ compensation benefits.

    Misconception #4: Workers’ compensation is too difficult to navigate

    Navigating the workers’ compensation system can seem overwhelming; however, resources are available to help employees understand their rights and file a claim. Employees must familiarize themselves with their company’s workers’ compensation policies and procedures and seek help if needed.

    Have You Considered Utilizing A PEO? 

    At GMS, we understand how challenging workers’ compensation can be while you’re trying to grow your business. Since we’re a professional employer organization (PEO), we provide small businesses with the peace of mind they need when it comes to workers’ compensation. By partnering with us, small business owners can avoid common workers’ compensation pitfalls and protect their businesses from the financial and legal repercussions of workplace injuries. You can now focus on running and growing your business, knowing you have the expertise and resources to manage your workers’ compensation needs. Don’t let these misconceptions about workers’ compensation hold your business back – partner with GMS today and take the first step toward a simpler, safer, and strong business.

  • Workplace safety oversights can be expensive mistakes for employers. When an injury occurs, and a claim is made, the Bureau of Workers’ Compensation (BWC) will come down hard on an offending business if they determine it’s at fault. Depending on the situation, employers may also find themselves dealing with a Violation of a Specific Safety Requirement (VSSR), another violation that can lead to additional penalties.

    As a business owner, you know the importance of the safety of your workers. By understanding the implications of a VSSR, you can ensure a safe workplace for your employees and prevent costly violation fees. The following information pertains specifically to Ohio’s BWC, and you should refer to your state’s regulations when handling a VSSR claim.

    What Exactly Is A VSSR? 

    A VSSR is the most serious violation that can be issued by the BWC. It’s issued when an employer has been cited for disobeying one or more specific safety requirements defined by the Ohio Administrative Code (OAC) that led to a workplace accident. The list of safety requirements is outlined in the OAC and helps determine the validity of the claim. Neglected safety specifications could include the failure to:

    • Replace damaged or outdated equipment 
    • Update workplace fixtures
    • Provide the appropriate safety gear
    • Implement standard protective barriers such as rails or guarding 

    According to the BWC, “the Ohio Revised Code (ORC) states it is the responsibility of every employer in Ohio to provide a safe workplace and adhere to all safety rules.” If you fail to adhere to one of the listed safety requirements and an employee is seriously or fatally injured, you could be hit with a VSSR. The existence of this VSSR could mean that the injured employee would be eligible for additional compensation through their BWC claim.

    How Does The BWC Determine If A VSSR Occurred? 

    There are a few requirements that must be met before the BWC determines that an injury was the result of a VSSR. First, the claim must be filed within two years from when the occupational injury, disease, or death occurred.

    To file a claim, the injured worker or an injured worker’s dependent, when there has been a worker fatality, must submit Form IC-8/9 with the specific code sections that allegedly have been violated to the Industrial Commission of Ohio (IC). The employee must also have a workers’ compensation claim for the same injury. All involved parties will receive proper notification of the VSSR application.

    At this point, you, the employer, have 30 days to file your response. Additionally, the Safety Violations Investigation Unit (SVIU) begins acquiring information from both parties.

    In order to collect a compensatory award, the injured worker must prove the following:

    • That the safety requirement(s) was both specific and applicable to the employer
    • That the employer what not in compliance with the safety requirement(s) when the accident occurred
    • That the non-compliance with the requirement(s) directly contributed to the injury, disease, or death

    Once an impartial investigator is assigned to the case, they will begin to gather pertinent information, including OSHA records, equipment purchase dates, manufacturer, model, and serial numbers, witnesses, and accident descriptions. The investigation will also inspect the injury site, equipment, and conduct interviews. It’s recommended that both you and your legal counsel be present during the on-site visit.

    When all the facts have been gathered, the investigator will file a report with their findings in the BWC claim before the IC has a hearing on the matter. A pre-conference hearing occurs with the opportunity to settle the issue. Otherwise, a hearing will determine the merit of the claim.

    Defending A VSSR Claim

    The burden of proving employer liability falls on the injured worker, and they must prove the points previously listed. You can defend your business by simultaneously proving whether or not the safety provision cited in the VSSR is applicable to your business or industry. If facing a VSSR, you should prepare for the investigation by assembling critical documents such as maintenance and training records. Additionally, it’s recommended that you immediately contact legal counsel to defend or settle the issue at hand.

    Keep in mind that the ORC does not place all the responsibility of safety on the employer. Workers are also expected to properly use the safety equipment provided by the employer. For example, if you provided the appropriate protective equipment, such as work gloves, harnesses, or safety goggles, and your employee failed to use them, then due to their negligence, the BWC may not find you at fault for the injury.

    What Are The Penalties Associated With A VSSR?

    If the IC decides that an employer is at fault for a VSSR, it’s going to cost that company quite a bit. The IC will grant the injured worker an additional monetary award, which the BWC states can range anywhere “from 15 to 50 percent of the maximum allowable weekly compensation rate granted to the injured worker.” The percentage awarded goes directly to the injured employee or their dependents. Multiple VSSRs can also become a costly problem. If a company has been charged with two or more VSSRs within a 24-month period, the IC can impose an additional penalty of up to $50,000.

    Do VSSRs Affect Workers’ Compensation? 

    A VSSR claim is not a bar to receiving workers’ compensation benefits; it’s an additional award paid to the injured employee. Not only did an injury occur, but your specific violation of safety requirements led to their personal harm. However, even if the VSSR claim is denied, medical and income benefits are unaffected.

    What Can My Business Do About VSSRs? 

    The easiest and most important way to avoid VSSRs is to crack down on any potential violations and ensure you’re adhering to safety requirements to create a safer working environment for you and your employees.

    One of the best ways to prevent violations is by implementing a strong safety training program for all employees. They should have appropriate instructions for all equipment and procedures, including:

    • How to operate machines safely
    • How to use personal protective equipment (PPE)
    • What hazards exist in the workplace
    • How to recognize hazards and how they can be controlled or eliminated through engineering controls and administrative controls 

    In addition to training, you must provide the appropriate PPE for the tasks of your employees. Think – eyewear when operating machinery or driving vehicles; hard hats when working near exposed electrical wires; gloves when handling chemicals or sharp objects; earplugs if there’s loud noise from nearby machinery or vehicles outside your facility.

    Risk Management In The Workplace

    It’s important to remember that safety training isn’t reserved solely for onboarding new employees, it should be consistently reviewed with all employees to ensure safety compliance.

    Of course, this is easier said than done, especially if you’re not an expert on risk management and don’t have the time to become one. A professional employer organization (PEO) can provide your business with expert risk management services and strategies that can help you create a safer workplace and limit your risk for workers’ compensation claims.

    At GMS, we take a proactive approach to workplace safety by working closely with you to build a comprehensive risk management plan, including onsite consulting, job hazard analysis, training services, and OSHA inspection assistance. Contact us today to talk to one of our experts about how we can help you make your business a safer place.

  • As a business owner, it’s imperative to maintain a fair workplace environment for all employees. Unfortunately, incidents such as harassment or discrimination require an investigation in order to maintain a fair work environment. Conducting an HR investigation is necessary to ensure that all parties involved are treated fairly and that any necessary corrective action is taken. However, the investigation process can be complex and overwhelming. Whether you’re a seasoned HR professional or new to conducting these investigations, this blog will provide valuable insights to help you confidently navigate the process.

    What Is An HR Investigation?

    For those unfamiliar with an HR investigation, let’s begin with a basic understanding of it. When an employee makes a complaint within your organization, the HR department is responsible for beginning an HR investigation to discover further details about possible employee misconduct. An HR investigation is a method used to determine what happened and who, if anyone, is responsible. All businesses in the U.S. are obligated by law to investigate these complaints promptly and impartially.

    The following are situations in which HR can investigate in the workplace:

    • Harassment
    • Discrimination
    • Health and safety
    • Ethics
    • Retaliation

    It’s critical to get to the bottom of these complaints, as each one can become a lawsuit.

    The Importance Of An HR Investigation

    HR investigations are essential for employers to maintain a safe and healthy workplace. When incidents of harassment, discrimination, workplace misconduct, or policy violations occur, conducting an HR investigation can do the following:

    • Uncover all the facts
    • Identify any potential legal liabilities
    • Prevent similar incidents from happening in the future 

    An HR investigation ultimately helps protect employees from further harm and ensures that your business complies with legal requirements and ethical standards. In addition, conducting thorough and fair HR investigations can help build trust and confidence among employees while demonstrating the company’s commitment to a safe and equitable workplace.

    Joe Wenger, GMS’ Senior HR Generalist, expressed, “It’s an essential HR best practice to have an established process in place whenever an internal HR investigation is warranted. The first step is outlining this in your employee handbook, encouraging employees to come forward for any incidents, and reiterating a no-retaliation policy which should also be in place. Having a set process ahead of time that guides employees on what to do and then following through on that process for them will reinforce the idea that workplace safety and security are of up-most importance. This will, in turn, create a happier and more productive workforce.”

    Conducting An HR Investigation

    For various reasons, you must have an HR investigation process before an incident occurs. This process ensures that all employees know your company’s policies and procedures and know what to expect in the event of an incident. This helps prevent misunderstanding and confusion when an investigation is needed. When you have a process in place, it ultimately ensures that investigations are conducted fairly and consistently. By having clear guidelines and procedures, HR professionals can ensure that all parties involved are treated fairly. In addition, having an HR investigation process in place can help minimize the risk of legal liability. Following established procedures and documenting all aspects of the investigation allows HR professionals to protect the company from lawsuits or claims of discrimination or retaliation.

    Now that you understand the importance of having an HR investigation process in place, let’s discuss how to create your process:

    Review existing policies and procedures

    Begin by reviewing any existing policies and procedures related to HR investigations. Determine what’s working well and identify areas that need improvement.

    Identify who needs to be involved

    Determine who needs to be involved in the investigation process. This could include HR professionals, legal counsel, managers, and other relevant leaders within your organization.

    Define the scope of the investigation

    Clearly define the scope of the investigation, which can include the type of incident being investigated, the individuals involved, and any relevant timelines or deadlines.

    Establish investigation procedures

    Develop procedures for conducting the investigation, including how to collect and review evidence, conduct interviews with witnesses and other involved parties, and document the findings.

    Communicate with all parties that were involved

    It’s essential to communicate the investigation process and any expectations to all parties that were involved in the incident, including the complainant, the accused, and any witnesses.

    Follow up and take appropriate action

    Once the investigation is complete, follow up with all parties involved and take any necessary corrective action, including disciplinary action (if applicable).

    Review and improve the process

    The final step is to review your HR investigation process regularly to determine if you need to make any improvements based on feedback and changes in legal and ethical standards.

    Consider asking the following questions to ensure you obtain all the necessary information:

    • What exactly happened?
    • When did the incident occur?
    • Have you discussed the incident with anyone?
    • Has the behavior affected you and your job?
    • Where did the incident occur?
    • How did you react?
    • Was there anyone else who may have seen or heard the incident?
    • Do you have any other relevant information?
    • What action do you want the company to take?

    Creating an HR investigation process requires careful planning and consideration. Ensuring the process is fair, consistent, and compliant with legal and ethical standards is essential. Following these steps can create an effective and efficient HR investigation process that promotes a safe and healthy workplace for all employees.

    Now What?

    Conducting an HR investigation can be challenging and complex, but it’s essential for maintaining a safe and healthy workplace. By following the steps outlined throughout this blog, you can ensure that investigations are conducted fairly, consistently, and in compliance with legal and ethical standards. If you’re looking to streamline your HR operations and ensure you’re handling these investigations with expertise, consider working with a professional employer organization (PEO) such as Group Management Services (GMS). A PEO can provide various HR services, including handling investigations and providing guidance on legal and compliance issues. With our expertise and support, you can finally feel confident that your HR investigations are handled professionally and carefully, and that your employees are receiving the support they need to feel safe and valued in your business. Interested in learning more about how GMS can help you and your business thrive? Contact us today.

  • The California Division of Occupational Safety and Health Standards Board (Cal/OSHA) published an official draft of an indoor health illness prevention standard. While heat illness regulations are already applicable to outdoor workers, this new regulation strictly applies to employees working indoors when the temperature reaches at least 82 degrees.

    Understanding The Proposed Regulation 

    Under this draft version, business owners must have written heat illness prevention plans. The plan would be necessary to include the following:

    • Access to water
    • Cool-down spots
    • Acclimatization for newly assigned workers
    • Emergency response procedures 
    • Control measures to minimize the risk of heat illness

    Heat illness is a severe medical condition resulting from the body’s inability to cope with a particular heat load, including heat cramps, exhaustion, and heat strokes. There are 67,512 emergency department visits yearly due to heat in the U.S. In addition, 702 heat-related deaths occur each year. What will you do to protect your workers?

    Nick Clark, GMS’ Safety Manager, emphasized, “As a business owner in California, it’s essential to prioritize indoor heat illness prevention in the workplace. With temperatures rising across the state, you must take extra precautions to ensure your employees’ safety and well-being. Heat-related illnesses such as heat exhaustion and heat stroke can be severe and, in some cases, even fatal. To prevent these illnesses, you should provide cool and shaded areas for workers to take frequent breaks and access to plenty of water. You should also schedule physically demanding work during the cooler parts of the day and provide appropriate protective clothing. By implementing heat illness prevention measures, employers can protect their employees and improve productivity, reducing the risk of heat-related accidents.”

    This proposed indoor heat illness regulation is currently in the 45-day comment period, and the Cal/OSHA Standards Board will hold a public hearing on the proposed regulation on May 18th, 2023.

    Partner With GMS

    While we wait to hear if this will become a law in California, consider partnering with GMS to ensure the safety of your workers. We work with thousands of businesses and help them comply with all regulations and laws. When you partner with us, we update your employee handbook to reflect the necessary changes. In addition, our team of safety experts will come out to examine your facility to ensure you have complied with the law. Whether you need help creating cool-down spots for your employees or writing a proper emergency response procedure, we do it all. Contact us today.