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  • NOX US, an Ohio vinyl tile manufacturer faces over $1.2 million in proposed penalties from the U.S. Department of Labor Occupational Safety and Health Administration (OSHA). Since February 2017, there have been seven worksite injuries after incorrectly following mandatory machine safety procedures. In addition, NOX US recorded at least 13 serious injuries at the Fostoria, Ohio, plant which were caused by exposure to burn and amputation hazards. All incidents put the Fostoria plant on OSHA’s Severe Violator Enforcement Program in 2017.

    NOX US LLC

    NOX US was founded in 1994 and focuses on luxury vinyl tile flooring innovation, design, and manufacturing for global customers. They continue to lead the industry with innovation and expertise. In addition, they offer superior quality control with their integrated vertical production system. They control the complete manufacturing process in their facilities to meet their customers’ various needs.

    The Most Recent Incident

    On April 28th, 2022, OSHA inspectors responded after a worker suffered severe injuries after being caught in a machine on the worksite. This inspection found that the worker’s finger was caught in a rotating spindle on a plastic winding machine and their body was pulled around the machine’s spindle. This employee was at the company for only six short weeks and suffered multiple severe injuries requiring surgery. OSHA cited NOX US with the following:

    • Eight willful violations
    • One repeat violation
    • Six serious violations
    • One other-than-serious violation for exposing workers to machine hazards, lacking personal protective equipment, and failing to train their workers on safety hazards and precautions

    Be Proactive Before It’s Too Late

    While this is a terrible accident that could’ve been prevented, it’s vital you use this example as a lesson to get the protection you need. Thankfully, GMS can help business owners take a proactive approach to workplace safety through various services. These strategies include:

    • Onsite consulting
    • Jobsite inspections
    • Accident and injury investigations 
    • OSHA inspection and citations assistance 
    • And more!

    Contact GMS today to talk to our safety experts to ensure you’re following all rules and regulations as well as keeping your employees safe. 

  • General Aluminum Manufacturing Company, located in Wapakoneta, Ohio, was recently cited for exposing workers to workplace hazards. As a result, they face $480,000 in proposed penalties. This follows a previous inspection conducted by the U.S. Department of Labor’s Occupational Safety Administration (OSHA) earlier this year.

    In February 2022, OSHA found a band saw and quench tank that lacked adequate machine guarding. In addition, the company failed to train workers in performing service and maintenance tasks on industrial machinery for energy control procedures. Due to the lack of proper training, some workers experienced amputation, caught-in, and struck-by hazards. These citations were also issued for these violations at the Conneaut and Ravenna facilities.

    In June 2022, OSHA also cited the Conneaut plant for eight additional violations and assessed $315,952 in proposed penalties.

    General Aluminum 

    General Aluminum Manufacturing Company offers engineered casting solutions. They produce machined aluminum castings for the automotive and non-automotive industries. In addition, they offer their customers low-pressure permanent molding, permanent molding, semi-permanent molding, lost foam, and high-pressure die castings. The company employs around 1,200 workers across the U.S., with 137 employees at the Wapakoneta location.

    OSHA Penalties They Face Today

    The most recent OSHA inspection conducted in the Wapakoneta facility cited the company with: 

    • One repeat
    • Two willful
    • 10 serious violations for exposing workers to fall hazards while working on top of casting machines, burn hazards due to water accumulation around casting machines, and using improper personal protective equipment

    OSHA inspectors determined worker exposure to electrical and arc flashes, confined space, and powered industrial vehicle hazards. General Aluminum has 15 business days from the day they received the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent OSHA Review Commission.

    Do You Want To Make Your Workplace Safer?

    GMS can help business owners take a proactive approach to workplace safety through various services through the following strategies: 

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

    Take this concrete example from a manufacturing company as a reminder to act now before it’s too late. Don’t wait for OSHA to knock on your door; let GMS safety experts inspect your facility first. Learn more today.

  • The Occupational Safety and Health Administration (OSHA) requires employers to implement a hearing conversation program when noise exposure is at or above 85 decibels averaged over eight working hours, or an eight-hour time-weighted average (TWA). The purpose is to prevent initial occupational hearing loss, preserve and protect remaining hearing, and equip workers with the knowledge and hearing protection devices necessary to safeguard themselves.

    Workers exposed to loud noises face the possibility of killing the nerve endings in their inner ears. This results in permanent hearing loss that cannot be corrected through surgery or medicine. Loud noise in a workplace environment causes:

    • Physical and psychological stress
    • Reduces productivity 
    • Interferes with communication and concentration
    • Contributes to workplace accidents and injuries by making it difficult to hear warning signals

    Hearing Conservation Program

    Employers are required to measure noise levels, provide free annual hearing exams, and conduct evaluations of the adequacy of the hearing protectors in use. Research shows that employers who take specific measures by implementing hearing conversation programs have higher levels of productivity from their workers and a lower incidence of absenteeism. All employers must repeat monitoring whenever changes in production, process, or controls increase noise exposure.

    Understand Your Noise Levels

    You can use different methods to measure the noise levels within your workplace. These include:

    • Sound level meters
    • Noise dosimeters
    • Octave band analyzers

    A good rule of thumb is if you need to raise your voice to speak to someone standing three feet away, the noise decibels might be too high. The National Institute for Occupational Safety and Health (NIOSH) created an app, Sound Level Meter, an additional tool individuals can use on their devices to measure sound levels. In addition, you can use quitter machines, isolate the noise source, limit worker exposure, or use effective protective equipment.

    Improve Workplace Safety

    At GMS, our safety experts work with you to ensure employee safety. Luckily, it’s possible to protect your employees from excessively loud noise that could cause complete hearing loss. Be proactive and ensure the safety of your employees now before it’s too late.

  • Companies have been forced to review their emergency plans and create anti-violence training as a result of several factors. With the recent spike in shootings and other acts of violence affecting workers, protocols must change. If you add that to an increase of employees returning to work following the COVID-19 pandemic, you might need to reconsider your emergency action plans to reduce workplace violence.

    Workplace violence is “violence or the threat of violence against workers. It can occur at or outside the workplace, ranging from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths.”

    The Occupational Safety and Health Administration (OSHA) requires workplaces to have an emergency action plan to facilitate and organize employer and employee actions during workplace emergencies. Did you know, on average, nearly two million U.S. workers report being a victim of violence at work? The U.S. Bureau of Labor Statistics reports that the annual number of workplace homicides is nearly 400.

    How Employers Can Protect Their Employees

    Employers must establish a zero-tolerance policy toward workplace violence against or by their employees. If you do not already have a workplace violence prevention program set in place, consider doing so immediately to ensure the safety of your employees. Another option is to add a new section to your employee handbook regarding workplace violence. It’s imperative that the policy is clear and understood by all employees so that if an accident occurs, all workplace claims are investigated and dealt with promptly.

    In the event of workplace violence, take the following actions:

    • Encourage employees to report and log all incidents and threats of workplace violence. 
    • Provide prompt medical evaluation and treatment after the incident. 
    • Report violent incidents to the local police. 
    • Discuss the circumstances of the incident with human resources.
    • Offer stress debriefing sessions and post-traumatic counseling services to help employees recover from a violent incident.
    • Investigate all violent incidents and threats, monitor trends in violent incidents by type or circumstance, and institute corrective actions. 
    • Discuss changes in the program during regular employee meetings. 

    Create A Plan Before It’s Too Late

    At GMS, the safety of our clients is at the top of our priority list. Our experts create and update our clients’ emergency action plans with the latest laws and regulations. Furthermore, HR experts at GMS enhance your employee handbooks to ensure that your employees are protected and adhere to a zero-tolerance policy for workplace violence. Don’t let your employees be at risk. Contact us today.

  • Ohio Governor Mike DeWine signed into law Ohio Senate Bill (S.B.) No. 215. This will permit any “qualifying adult” to legally carry, possess, or conceal a handgun without a license, background check, or training requirements.

    Individuals who are considered a qualifying adult include:

    • Those who are 21 years of age or older
    • Legal residents
    • Not a fugitive 
    • Not a subject to a protection order
    • Have not been hospitalized or adjudicated mentally ill
    • Have not been dishonorably discharged from the military 
    • Do not have a conviction or delinquency for a felony, a drug offense, domestic violence, one misdemeanor offense of violence within three years or two within five years
    • Are not otherwise forbidden under state or federal law

    Before this bill, in order to obtain a concealed handgun license in Ohio, an Ohio resident must:

    • Submit an application to the county sheriff
    • Pay an initial $67 fee
    • Pass a background check
    • Complete eight hours of training
    • Pass a written exam

    What This Means For Employers

    The law still authorizes employers to establish, maintain, and enforce policies prohibiting individuals from carrying handguns or firearms in company buildings or within company vehicles. Private employers are “immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a [person] bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose.”

    The main change for employers to be aware of under the new law involves the storage of its employees’ guns in parked cars on company property. A law passed in 2017 allowed employees with a valid concealed carry license to bring firearms and ammunition in their privately owned vehicle onto their employer’s parking lots, as long as they follow specific guidelines. Senate Bill 215 now gives all qualifying adults the same rights effective June 13th, 2022. Employers should consider revising their current employment policies to reflect the new law.

    Protect Your Employees And Your Business

    Since rules and regulations are constantly changing, keeping your business operations up to date is important. Partnering with GMS will provide your business with experts that will handle these ever-changing rules and regulations. Are you worried about Ohio’s new firearm law’s effects on your business? GMS will provide onsite training to ensure your employees are compliant with the law. Do you need to update your employee handbook? Employees at GMS will work diligently to create a handbook corresponding to Senate Bill 215 and identify specific steps employees must take. Get a quote today.

  • According to the Texas Department of Insurance, Division of Workers’ Compensation (DWC), during the first 27 months of the COVID-19 pandemic, the number of workers’ compensation claims increased by 20%. The DWC oversees the administration and operation of the Texas workers’ compensation system.

    The goals of DWC are to ensure:

    • Each employee is treated with dignity and respect when injured on the job
    • Each injured employee has access to fair and accessible dispute resolution processes
    • Each employee that is injured has access to high-quality medical assistance
    • Each injured employee receives services to facilitate their return to work as soon as it’s considered safe and appropriate by their health care provider

    Since May 1st, 2022, insurance companies have reported over 83,000 COVID-19 claims and 448 fatalities to DWC. More than half of these claims were shown to be injured employees who tested positive for COVID-19. As a result, insurance companies:

    • Accepted 58% of positive test claims
    • Denied 42% of positive test claims

    With that being said, out of the 21,000 claims that were denied, there were only 184 disputes filed with DWC. A report stated that this was the highest number of claims and has interrupted a 20-year trend in Texas of fewer workers’ compensation claims reported each year. 51% of COVID-19 claims were in the public administration sector – first responders, correctional officers, and prison workers. 18% of the claims accounted for health care workers and social assistance.

    Carriers have paid a total of $40.6 million in medical costs on COVID-19-related claims that were reported to an insurance carrier as of March 31st, 2022. However, 76% of these costs have been paid by political subdivisions, 20% from insurance carriers, and 4% from the state of Texas.

    How You Can Lower Workers’ Compensation Rates

    The formula for determining your company’s workers’ compensation rates is complex; however, the concept is simple. The more claims an employee files, the higher your rate will be. GMS’ experts work hard to help you save time and money and prevent your workers from being injured on the job. Our team will work with you to reduce the risk of workplace accidents so that your business has fewer, less severe claims over time by using the following:

    • Risk assessments
    • Safety training programs
    • Development of safety manuals
    • Development of safety guidelines for employees
    • Workplace inspections and guidance on OSHA compliance
    • Help implement a drug-free and drug-testing program

    GMS’ workers’ compensation claims management team provides businesses with more than just cost savings. Most importantly, you gain a partner that oversees the process of claims management. We work closely with carriers to ensure that your best interests are always at the forefront. Contact us today to get your workers’ compensation risk under control.

  • The Occupational Safety and Health Administration (OSHA) announced that they will begin the enforcement phase of its emphasis program to prevent workplace hearing loss. Although this program focuses mainly on manufacturing industries, occupational hearing loss is a widespread concern.

    OSHA reported that more than 30 million workers in the United States are exposed to hazardous noise each year causing thousands of workers to suffer from hearing loss that could have been prevented. Hazardous noise levels within the workplace are not only a concern for hearing loss but also contribute to other causes of physical and mental stress, ultimately, lowering employee productivity.

    With OSHA’s new regulations on occupational noise exposure, employers are now required to implement a hearing conservation program when employee noise exposure is equal to or exceeds an 8-hour time-weighted average (TWA) sound level of 85 decibels (dBA). The OSHA permissible exposure limit (PEL) for noise is 90 dBA as an 8-hour TWA.

    Now, you may wonder, how can I prevent my employees from being exposed to hazardous noise? There are sound-measuring instruments available to measure noise levels which include sound level meters, noise dosimeters, and octave band analyzers. If you have access to mobile iOS devices, you can download the Sound Level Meter app as well. Partnering with a PEO like GMS can also ensure the safety of your employees.

    How GMS Can Help With Workplace Safety

    We understand that business owners can’t keep operations running and thriving without a healthy and efficient workforce. Your employees need the resources and tools to succeed while you are ensuring you’ve created a safe work environment. GMS helps small business owners take a proactive approach to workplace safety through a variety of services. We provide onsite consulting, job site inspections, accident and injury investigations, training, job hazard analysis and standard operating procedures, and OSHA inspection and citation assistance. If you want to make your workplace a safer place, contact us today.

  • No matter your industry, falls are one of the most common ways that your employees can get hurt. In 2020 alone, 211,640 individuals missed time at work due to a slip, trip, or fall, while 805 people ultimately died from their injury. Due to these dangers, the Occupational Safety and Health Administration (OSHA) makes it clear that employers must take specific measures to protect employees from slips, trips, and falls.

    Fall protection is one way that employers can create a safer workplace and prevent fall injuries. Keep reading for an overview of what employers need to know about fall protection and how to protect your employees from devastating injuries.

    What Are OSHA’s Fall Protection Standards?

    OSHA has developed multiple rules to protect workers from serious work-related injuries caused by falls. The first part of these regulations starts with broader requirements to maintain compliance and limit the effect of potential danger areas.

    • Give employees working conditions that are free of known dangers.
    • Maintain floors in work areas so that they are clean and as dry as possible.
    • Select proper personal protective equipment and provide it to workers at no cost.
    • Train workers about job hazards in a language that they can understand.

    OSHA also requires employers to take specific measures to address fall risks. The employer must take the following actions to limit the employees’ chances of injuries caused by falls Use railings, toe boards, and floor hole covers to protect workers from walking into any floor holes.

    • Provide a guard rail and toe board around any elevated open-sided platform, floor or runway.
    • Install guardrails and toe boards around any dangerous machines and equipment if employees can fall into or onto them, regardless of the height.
    • Set up or provide any other means of fall protection that may be required depending on the job or environment, such as safety nets, stair railings, and other safety measures.

    It’s also important to note that OSHA has specific fall protection standards for the construction industry. According to the Bureau of Labor Statistics, 37.9% of fatal construction injuries came from slips, trips, and falls, making fall protection essential. OSHA lays out additional fall safety standards in the Code of Federal Regulations – 29 CFR 1926.501.

    At What Height Is Fall Protection Required?

    OSHA requires all businesses to prepare their workplace so that employees are less likely to fall from elevated places or into any holes. OSHA uses a “minimum height” measurement to judge which places are considered elevated risks. However, the minimum height for elevated places depends on the type of work being completed on the job site. These heights include the following designations:

    • General industry workplaces – four feet
    • Shipyards – five feet
    • Construction – six feet
    • Longshoring operations – eight feet

    What Are The Basic Types Of Fall Protection Equipment?

    There are multiple forms of fall protection. These safety measures are designed to cover the entire spectrum of fall protection needs, from preventing an initial fall to saving employees from contact injuries after a fall occurs. The basic types of fall protection include:

    • Barriers – These are physical obstacles that prevent people and objects like tools from falling over the edge of a platform or into an open hole. Guardrails and toe boards are the most common version of fall protection barriers.
    • Travel restriction – These restraints are designed to prevent workers from getting too close to an unprotected edge or another form of a fall hazard. For example, a safety harness or belt will be connected to a lifeline that is adjusted to allow users to travel a limited distance.
    • Work positioning – A work positioning system allows workers to work in a secure, anchored space where they can freely use their hands, such as a swing stage or a suspended chair. These systems shouldn’t allow individuals to fall more than two feet and be combined with fall arrest equipment.
    • Fall arrest – Fall arrest systems are emergency measures that prevent users from making contact after a fall. Equipment like safety nets, shock absorbers, and rope grabs limit the total fall distance and protect employees from injuries and potential fatalities.
    • Control zones – In cases where it is impractical to use fall protection systems, control zones are defined areas with safety monitors that limit access to only approved workers.

    What Fall Protection Training Is Required?

    In addition to providing safety measures, OSHA also deems employers responsible for training employees on a variety of fall protection safety topics. Employees should be trained by OSHA-approved trainers and all information should be easily understood by the employee. These lessons should cover the following subjects:

    • What are considered fall hazards, how employees can be injured, and how to recognize these fall hazards.
    • Existing policies and procedures that employees must follow to minimize those hazards.
    • The exact procedures employees should use to correctly install, inspect, operate, maintain, and disassemble their personal fall protection systems and equipment.
    • How to correctly use the personal fall protection systems and equipment required on a job site.

    Protect Your Business Through Proper Fall Protection

    Whether you’re employees are working from heights or walking around an office, it’s essential to prevent falls wherever they can happen. Of course, fall protection isn’t always as simple as putting in guardrails and investing in equipment. It can take a lot of work and expertise to invest in workplace safety, and business owners only have so much free time.

    Fortunately, GMS helps businesses take a proactive approach to workplace safety. Our experts can conduct jobsite inspections, provide industry-specific training, and develop safety documentation for your business. These and other actions will help ensure that your employees are safer and your business stays compliant with OSHA regulations.

    Ready to make your business a safer place? Contact GMS today to talk to one of our experts about our workplace safety services and other critical HR functions.

  • For the majority of small businesses, workers’ compensation insurance is simply an unavoidable cost. The exact requirements vary by state, but any company that needs coverage faces a simple scenario – carry workers’ comp insurance or face the consequences.

    While workers’ compensation coverage is a must for many small businesses, figuring out how much your business will owe is complicated. The exact rates can change every year and there are a variety of factors that impact how much workers’ compensation will cost your business. Let’s break down what impacts your workers’ compensation rates (and what you can do to save on these costs).

    How To Calculate Workers’ Comp Rates For Your Business

    The first step toward understanding workers’ compensation rates is to identify what factors directly impact premiums. There are three main elements that insurance companies use to calculate your workers’ compensation rate:

    • Workers’ compensation classification codes
    • Payroll
    • Experience modification number

    Workers’ compensation classification codes

    Your business’ line of work plays a major role in determining your workers’ compensation rates. Insurance companies use class codes assigned by the National Council on Compensation Insurance (NCCI) to adjust your rates. These three- or four-digit codes represent the overall risk level for different types of work.

    Insurance agents and underwriters use this information to adjust your overall costs based on your line of business. As you may expect, class codes that indicate greater risk will typically yield higher workers’ compensation insurance premiums. For example, an electrician will be more expensive to cover than an office worker.

    While many states use NCCI codes for their workers’ compensation rate calculations, some locations can complicate these calculations. There are several states that use their own code system, meaning that your rates could vary from the NCCI’s rules and regulations if your business is located in the following states:

    • California
    • Minnesota
    • New York
    • North Carolina
    • Massachusetts
    • Pennsylvania
    • New Jersey
    • Delaware
    • Indiana
    • Michigan

    To complicate matters even further, there are four monopolistic states: Ohio, Washington, Wyoming, and North Dakota. These states have special legislation in place where workers’ compensation coverage is only provided through a state program. For example, employers in Ohio must go through the Bureau of Workers’ Compensation (BWC) for workers’ compensation insurance by themselves or with a partner like a Professional Employer Organization. This difference means there is no open market for workers’ compensation insurance and the states may use separate class codes from the NCCI.

    Payroll

    While class codes impact your insurance rates based on risk factors, your payroll serves as the basis for your overall costs. Class code rates are assigned a dollar amount for every $100 of payroll, so your overall costs will naturally increase along with your total payroll.

    Of course, the rates will make a major difference in just how much you owe. Let’s imagine that you need workers’ compensation coverage for an employee making $50,000 a year. If that employee’s rate was $1.50 per $100, those costs would amount to $750 for that salary. Meanwhile, a higher rate of $15 per $100 will bump those premiums up to $7,500 for that one employee.

    Experience modification number

    Your business’ past also plays a part in your exact rates. Insurance companies factor in your overall workers’ compensation claims history and workplace safety into their calculations. In short, safer businesses with fewer, less severe claims will end up paying less than a similar business with more past incidents or infractions.

    The way insurance companies take your business’ experience and loss history into account is through your experience modification number, also known as a MOD. In general, agents and underwriters will look at your last three years of claims data, such as the type, severity, and frequency of claims to assess your overall risk level. The resulting MOD is then used as a multiplier in the following way.

    • Class code rate x (Annual payroll/$100) x MOD = Your business’ workers’ compensation premium

    If a business meets the expected losses for their type of work, they’d receive a MOD of 1.0 that won’t impact the calculation at all. Businesses with more losses than expected will have a MOD greater than 1.0, while businesses with a good claims history will have lower MODs. These MODs can drastically impact your overall costs. For example, a MOD of 0.8 will cut your premiums by 20%, while a MOD of 1.2 will increase them by 20%.

    Lower Your Workers’ Comp Costs With GMS

    Calculating your company’s workers’ compensation rates is a complex process, but that doesn’t mean lowering them has to be difficult for small business owners. GMS is a PEO that partners with businesses to save them time and money by taking on critical administrative burdens for them. That partnership includes utilizing cost containment and loss prevention strategies to help you lower your workers’ compensation rates.

    GMS partners with businesses of all sizes to minimize exposure through workplace safety and expert claims management. Our experts work directly with you to limit the potential for workplace injuries or illnesses through safety training and risk assessments. Meanwhile, we’ll be there to quickly and properly manage claims to control extra costs and protect your business.

    Ready to lower your workers’ comp premiums and focus on growing your business? Contact GMS today to workers’ compensation risk under control.

  • As a small business owner, it’s important to maintain a safe working environment. One of the ways that employers can create a safe workplace is to implement a random drug testing policy.

    Random drug and alcohol tests are a popular choice in workplaces because they discourage employees from coming to work while under the influence. Of course, there are plenty of rules and regulations that dictate some of the details around your drug testing policy, especially as more states legalize marijuana for medicinal use. Let’s break down what you should and shouldn’t do when designing and implementing a random drug testing policy for your business.

    Do: Notify And Educate Employees About Your Drug Testing Policy

    If you want to maintain a reasonable drug-free workplace and expect your employees to comply with mandatory drug testing, you need to notify them about the policy. Give your group of employees plenty of notice before the policy comes into effect and make sure to explain what their responsibilities are.

    There are multiple ways to advertise your drug policy, such as putting posters around the workplace and sending emails with educational resources. You’ll also want to hold a meeting to explain why you’re implementing a random drug testing policy and give your employees a chance to ask questions.

    Don’t: Skimp On Details

    A good drug testing policy is a thorough one. Your drug testing policy is there to protect you as well as your workforce, so make sure you have everything in writing. This means that your policy should cover several details, including:

    • Why you’re conducting drug tests.
    • What substances you’re testing for.
    • What testing method you’re using, and which company will be testing the samples.
    • The potential for false positives, if known.
    • How employees can appeal positive drugs tests and the details of your retesting policy.

    Do: Provide Proper Notice Of Upcoming Drug Tests

    While it’s tempting to think you can ask any employee to take a drug test at any time, your employees have the right to be given advance notice and to refuse a drug test if that notice has not been given. Most states require advance notice of drug tests, so it’s best to plan ahead and avoid potential problems.

    To protect both yourself and your employees, confirm in writing that the employee has been requested to take a drug test and make sure the correspondence is dated and logged. This process prevents employees from claiming they did not receive the request, or that they did not receive enough notice.

    Don’t: Ignore Local Laws

    Proper notice isn’t the only requirement that vary from state to state. You’ll have to tailor your policy to your location, as many states have their own laws regarding how to give notice to employees, what testing can be performed, and how employees can contest the results. The ACLU has an in-depth breakdown of each state’s requirements to help you keep your policy compliant.

    Do: Consult With An Attorney

    Before you talk to any of your employees about your drug testing policy, you’ll want to run it by a legal expert. Consult with an attorney to ensure that your policy complies with any relevant regulations. Between local, state, and federal laws, it’s best to leave some details to an expert. As such, attorney guidance can help you navigate tricky situations regarding marijuana laws, discrimination, and other factors that directly impact your drug testing policy.

    Don’t: Share Positive Tests Publicly

    Just because an employee tests positive doesn’t mean everyone should know. Your employees have a right to privacy and sharing that an employee has tested positive for drugs with their coworkers, other employers, or even their friends and family is illegal.

    Have internal policies in place to keep drug test results private between managers and their employees. These tests should also be stored securely to limit the chances that information and testing equipment are safe.

    Do: Clearly State The Consequences Of Violating Your Drug Policy

    It’s important that your employees know exactly what will happen if they fail a test. The exact consequences can vary depending on each policy. For example, you may choose to have a zero-tolerance attitude towards any substance if the employee works with heavy machinery or vehicles. However, a retail business may be more lenient with its disciplinary action.

    Your policy should also clearly state what happens following a positive drug test, and what rights the employee has to appeal the decision. Again, you should discuss with an attorney what’s considered reasonable based on the risk a non-sober employee presents.

    Don’t: Let Your Opinions Get In The Way

    Another key responsibility as a business owner is to be impartial during the drug testing process. You can’t let personal relationships with employees result in different consequences or processes, as this opens the door for discrimination cases. Every employee should be treated the same way and every meeting following a positive test should include an impartial third party.

    Do: Work with Experts to Build a Proper Drug Testing Policy

    Drug testing policies play a large role in keeping workplaces safe. However, it’s not easy to put together the proper policy and procedures to legally test your employees. That’s where GMS can help.

    GMS is a Professional Employer Organization that provides businesses with the HR tools and resources needed to help their business grow and succeed. Our experts can advise you on how to build a drug testing policy, as well as review your policy drafts to ensure that you and your employees are protected. Contact GMS today about how we can support your business through dedicated service and support.