Tackling Workplace Bullying

According to recent research, about 75 percent of U.S. employees have been impacted by workplace bullying. Continue reading this blog post from UBA to learn how employers can tackle workplace bullying.


A recent study reports more than half of employees in global businesses witnessed or experienced workplace bullying. While that’s alarming, research focused on the U.S. says closer to 75 percent of employees have been impacted by workplace bullying.

What are some of those impacts? Individuals experiencing bullying report increased stress, depression, lower self-esteem and disengagement. A company culture that allows workplace bullying to go unchecked is a culture that will struggle with overall retention, productivity and worker satisfaction. While the social-emotional and productivity impacts are not to be ignored, studies cited in Safety and Health Magazine also show an increased risk of cardiovascular disease at rates rivaling diabetes and drinking as risk factors.

Given these impacts, it’s not surprising workplace bullying is getting significant attention from both researchers and the popular press. While it would be easy to assume, then, that solutions are being proactively developed, that’s not always the case. Several factors impact HR and other company leadership’s ability to aggressively tackle this hot topic.

One challenge is that workplace bullying can be seen as harmless, unintentional, or a matter of subjective interpretation. To counter that, the Workplace Bullying Institute says to look for deliberate behavior or language that is repeated, harmful, intimidating, insulting, humiliating or sabotages the target according to an article in Entrepreneur. When looking, it’s also important to look up and down the corporate ladder. This kind of workplace problem can come from a coworker or a misuse of power by a manager or leader.

According to an article in The HR Director, while more than 9 in 10 businesses want to make feeling safe a hallmark of employee wellbeing, only 1 in 10 is doing something about it. One reason so few are taking action is due to a disconnect about who should take the lead. Senior management skews toward expecting HR to take the lead, but most employees think management should be leading. A first critical step, then, is determining if employee psychological safety is a priority and then empowering a department or team to do something.

Once your team is ready, here are five steps to take.

Establish policies against bullying and to address allegations if you don’t already have them. If you do have policies, take meaningful time to assess and improve them. Consider your social media policies as well. Not all workplace bullying happens at a physical place of work. Much happens online.

Educate employees on new or existing policies. Employees who know there are clear systems in place are more satisfied and more likely to get help. Consider onboarding education for new employees and how you can let them know you’re a company with a plan in place. Formal training that addresses bullying and how to intercede as a bystander can put everyone on the same team.

Empower employees to report bullying. Many people who experience workplace bullying are unsure if they should report it, worried they’ll get in trouble if they do report it, and aren’t comfortable reporting it because they’re being bullied by a supervisor or manager.

Explore how your workplace works for gig economy freelancers and contractors. It’s important to decide how your HR department will acknowledge and deal with their bullying concerns. Are they less likely to report something you should know about because they have less job security or don’t feel protected by policies?

Exemplify the type of behavior you wish to see, says Forbes. Workplace civility and culture start at the top, and managers set expectations. Take claims seriously, behave in respectful, authentic ways, and you’re on your way to a better experience for your employees.

Read more:

Workplace bullying is not going away

Here Is Why We Need To Talk About Bullying In The Work Place

Five Ways To Shut Down Workplace Bullying

Study shows workplace bullying rivals diabetes, drinking as heart disease risk factor

Effectively Addressing A Workplace Bully

SOURCE: Olson, B. (19 February 2019) "Tackling Workplace Bullying" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/tackling-workplace-bullying


Poor hiring practices costing employers valuable talent

According to a survey by CareerBuilder and SilkRoad, today's job candidates have higher expectations for communication, technology and onboarding during their job-search process. Read on to learn more.


A growing number of employers say they find it hard to land good talent — but their own complicated or outdated hiring process may be partly to blame.

Job candidates today have higher expectations for communication, technology and onboarding during their job-search process, according to a new survey from job site CareerBuilder and onboarding tech provider SilkRoad. In fact, 68% of employees believe their experience as a job candidate reflects how the company treats its people.

Dissatisfaction with the process can begin as early as step one: Close to half of prospective workers (46%) are only willing to spend up to 15 minutes before giving up on an application, according to the report.

Not only is time of the essence, but the application experience is paramount, too. While potential workers won’t discount a company entirely for not having a mobile application option, employees are searching for jobs on their mobile devices more than ever before.

The fight for talent is only going to become more intense, and employers need to deliver on job seekers’ continuously evolving expectations to attract the best candidates, says CareerBuilder CEO Irina Novoselsky. “This starts with streamlining the entire hiring process, from the first candidate engagement to new-hire onboarding, which can be achieved through technological innovation and a more intuitive, mobile-friendly experience.”

A consistent dialogue remains another big must-have for candidates. Expectations among applicants are changing for when and how they hear from a prospective employer, the study found. Once they’ve applied, job seekers want more — not less — communication.

Many applicants cite a lack of acknowledgment or receipt notification from an employer for a submitted application as a top frustration of the job search. Additionally, 76% of job seekers say they expect to receive a personalized email from an employer acknowledging they received the application. This percentage decreases steadily as the age of the job seeker increases, but it’s consistently the top method of communication expected.

Other top notification methods include phone calls (36%) and text messages (18%).

Regardless of the type of communication, a majority of applicants want — and expect — employers to keep them updated throughout the process when they apply for a job. Candidates want a clear timeline for the hiring process and will begin to discount a company if they are left in the dark. When applying to a job, 55% of employees are willing to wait less than two weeks at the most to hear back from an employer before they give up and move on.

And employers shouldn’t end the engagement once an offer is made, the survey results suggest, because with 51% of potential candidates continuing to look for new opportunities after being extended an offer, the use of personalized, ongoing communication through the onboarding process will remain key.

When nearly one in 10 employees have left a company because of a poor onboarding experience, it’s important to understand the full scope of onboarding that is expected by today’s employees, according to the survey. Successful onboarding for a new hire is critical for their long-term vision of culture and career potential at the new company. However, a focus on the mission and growth factors of the company can’t neglect seemingly basic onboarding elements for the employee’s day-to-day experience and overall integration into operations.

“Technology is playing an increasingly critical role in enabling touchpoints along the recruitment and new-hire journey to facilitate human interactions,” says Robert Dvorak, CEO of SilkRoad. “We realize the customer’s journey doesn't end with a purchase, nor does the employee’s end with an offer. By using technology throughout the entire employment journey, employers can intentionally onboard candidates and employees, keeping them engaged at key points over time.”

SOURCE: Otto, N. (28 November 2018) "Poor hiring practices costing employers valuable talent" (Web Blog Post). Retrieved from: https://www.benefitnews.com/news/poor-hiring-practices-costing-employers-valuable-talent


How to retain good employees? Make them feel valued.

U.S. companies spend $161 billion on training development every year according to Training Industry reports. Training and development activities help show employees that they are needed and valuable to their organization. Read on to learn more.


Trucking as an industry is not known as being woman-friendly, but Volvo Truck wants to change this and recently completed a landmark Women in Leadership experience for selected women employees.

For Volvo, retaining female employees is a strategic objective and demonstrating the potential for women to advance and move into leadership roles is key to keeping women in the company. The six-month Women in Leadership program demonstrated that the company valued the participants, just by inviting them to the program.

“Being nominated was like winning something,” said Volvo employee Tyletha Hubbard. “It felt good to know that I was considered a key talent in the organization.”

All people like to be recognized as valuable to their organizations. This principle holds for men, women, ethnic minorities and people of different generations who appreciate employer-provided training and development. What better way to show an employee that they are needed and that they have a place to grow and move up?

Training and development is big business. Training Industry reports that US companies spend $161 billion on it annually. But it’s also a cost-effective benefit to provide your employees. Classroom programs can reach dozens at a time for a flat fee. And then you can add back the valued gained from having a more effective workforce.

Training can address the hard skills of the job or the soft skills of interpersonal relations and emotional intelligence.

In the benefits industry, you’re constantly explaining complicated products that are often fraught with emotion and stress, e.g. health insurance. Presenting benefits plans to clients in a competitive bid is a high-wire act for most salespeople. So, training that focuses on presentation skills, public speaking and body language can give your firm a competitive edge, while building a more confident workforce.

When starting up a training initiative, presentation skills are a great “101” course to include. Most people don’t get it in school and most people need a lot of help with it. Not only does learning about presentation skills and interpersonal communication help people sell better, but it also helps them “read” other people better and interact more effectively with coworkers.

Presentation skills training is a cornerstone for further development. People who have better interpersonal communications tend to do better in higher level training and, generally, better outcomes in all of their work experiences.

Team building, decision making and leadership development are learning experiences that can also “show the love” from the organization to the employee, while also improving the performance of the firm. The term “learning organization” has become a positive goal for many companies, as a means of becoming more effective through better employee engagement and opening new opportunities within the company.

At Volvo, there is a practice of allowing employees to move laterally from department to department in order to learn new skills and keep work interesting. Its Women in Leadership program encouraged staff to think and talk about what job they might want to try doing next. The policy invites workers to be open about their goals and understand that there’s always a place for them. Contrast this with feeling like you’re in a dead-end job.

And this is where HR and training can team up.

A recent study by Right Management revealed that, when asked,  68 percent of employees say they really want to talk about their careers with company management. There’s even an HR term for it: career conversations. But these conversations are not happening very much.

According to the Right Management white paper, “Only 16 percent of employees indicate that they have ongoing career conversations with their managers and about their career.”

It turns out most people get their career conversations from managers, colleagues and family. When a promising young manager starts wondering about where her career is going, she might seek out advice from her workmates of parents, but not human resources.

Why not integrate career conversations with training? It’s a golden opportunity for your human resources team. Most training engagements include personality assessments and feedback that help participants better understand themselves and others. Also, training often concludes with some sort of “what’s next” discussion or action plan about how to use what’s been learned.

A career conversation that follows such focused introspection will be better informed and will benefit from the afterglow of learning.

It’s well documented that financial compensation isn’t always the main factor that keeps people from leaving a company. Andrew Chamberlain, an economist with Glassdoor recently wrote about this in Harvard Business Review.

“One of the most striking results we’ve found is that, across all income levels, the top predictor of workplace satisfaction is not pay: It is the culture and values of the organization, followed closely by the quality of senior leadership and the career opportunities at the company,” writes Chamberlain. “Among the six workplace factors we examined, compensation and benefits were consistently rated among the least important factors of workplace happiness.”

Not feeling valued by management can become an incentive to exit even if it means taking less money in the next job.

Training, development, continual learning experiences and career conversations are proven cost-effective ways to show employees that they are unique individuals who are needed by the organization.

SOURCE: Warrick, D. (29 November 2018) "How to retain good employees? Make them feel valued." (Web Blog Post). Retrieved from https://www.benefitspro.com/2018/11/29/how-to-retain-good-employees-make-them-feel-valued/


Viewpoint: Why Respect, Dignity and Kindness Are Foundational Workplace Principles

Have you taken steps to establish a hostility-free workplace? Businesses who start focusing on the state of their workplace will better position themselves for the future. Continue reading to learn more.


SHRM has partnered with Security Management magazine to bring you relevant articles on key HR topics and strategies. 

This is the #MeToo era. The great wave of public accusations involving inappropriate conduct such as sexual harassment between managers, employees and co-workers has washed over U.S. workplaces, unsettling everything in its wake.

But sexual harassment is not the only conduct that can help turn a working environment hostile. Given this, employers who take action now to help establish and solidify a welcoming and hostility-free work environment will be better positioned for the future. Such actions can come in many forms, ranging from zero-tolerance anti-harassment policies and violence prevention training to diversity task forces and team-building exercises.

While they vary, these actions all benefit from a proactive approach. Opposing views and opinions are inevitable among a diverse workforce, but leaders of organizations should not wait until disruptive incidents break out before focusing on the state of the workplace environment. Instead, they can start immediately.

Respect and Dignity

Human resources is a team sport. No one HR manager, no matter how talented or knowledgeable, can completely shoulder the burden of protecting his or her firm from employee issues and litigation. A cohesive HR team, on the other hand, is positioned to tackle anything thrown its way. But when one gear gets out of whack, the whole team is affected and compromised.

Take, for example, how an entire company can be impacted by one disruptive manager. Sam's team was led by a small group of managers who worked well together; they collaborated to achieve goals and boost one another to success. However, a new manager, Chris, was brought on.

Chris had a markedly different type of attitude and leadership style. Chris was demanding and sometimes even yelled at employees in public. He occasionally disparaged another manager's directions to team members and would even threaten a firing in an attempt to improve performance.

A few months after this leadership transition, some employees began to leave Sam's team by choice. But those are not the only changes triggered by the new manager. Some of Sam's team members absorbed the negative qualities Chris exhibited, including degrading public chastisements, gossiping and expressing increased agitation in the office. Chris' overwhelming negativity threw a wrench into a once strong team and threatened to break it down into an unproductive group of individuals.

Before Chris took over, Sam's team members respected one another and successfully accomplished goals. Chris' harsh leadership eroded the members' respect and kindness, causing productivity to decrease and spirits to drop.

How can HR help make sure this type of situation is addressed and avoided? When building a team, it is important to establish respect, dignity and kindness as foundational principles. This will very likely increase productivity and reduce the risk of violent workplace behaviors. When employees feel respected and treated with dignity, they are more likely to treat co-workers and customers the same way. This creates a positive culture within the organization.

To facilitate this, HR should go beyond simply asking employees to be civil and respect one another. They should also explain how to do so, and demonstrate what civility means to the organization by providing examples of positive interactions.

Support the Company's Culture

During my time as a line manager, there were key opportunities for me to support the company culture. All managers can take advantage of the same opportunities, if their organizations are willing to provide them.

For example, orientation sessions are an opportunity for HR leaders to introduce themselves, their department and the values of the organization to those who are being onboarded. Time can be devoted to explaining appropriate workplace behavior through the use of scenario-based situations.

In addition, department team meetings offer opportunities for HR professionals to join in to discuss relevant issues and provide training through small group discussion or case study review. Team members can assess a situation and provide feedback on how it should have been appropriately handled. Using both positive and negative behaviors as examples will help employees understand the difference.

Open houses are another possible venue for educating discussions. HR may arrange with company leaders to have a time where employees stop by, ask questions and participate in discussions that help them understand their role as part of the larger effort to maintain a healthy, inclusive workplace.

Finally, it is important to remember that HR staff should help line managers serve as role models of appropriate behavior. If they are behaving badly by being rude, disrespectful or uncivil, how can HR expect them to help the organization promote a culture that values everyone?

In the end, HR cannot assume that people managers understand what is and is not appropriate. Setting expectations from the start, and clearly demonstrating how to positively act and show respect to co-workers is an effective way for HR to set the right tone—and a more active and effective approach than simply hoping for the best. This will have a ripple effect throughout the workforce, and it will help prevent future breaches of conduct from triggering a domino effect of disrespect, such as the one caused by Chris' behavior.

This article is adapted from Security Management magazine with permission from ASIS © 2018. All rights reserved.

SOURCE: Solon, R. (28 November 2018) "Viewpoint: Why Respect, Dignity and Kindness Are Foundational Workplace Principles" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/hr-topics/employee-relations/Pages/Viewpoint-Why-Respect-Dignity-and-Kindness-Are-Foundational-Workplace-Principles.aspx


Target on Safety: Driver Fatigue

Fatigue is the result of physical or mental exertion that impairs performance. Driver fatigue may be due to a lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors. The Large Truck Crash Causation Study (LTCCS) reported that 13 percent of Commercial Motor Vehicle (CMV) drivers were considered to have been fatigued at the time of their crash.

Below are some tips that will help you stay healthy and feel well rested during your time on the road.

Tip #1: Get Enough Sleep

Be sure to get an adequate amount of sleep each night. If possible, do not drive while your body is naturally drowsy, between the hours of 12 a.m. to 6 a.m. and 2 p.m. to 4 p.m. Driver drowsiness may impair a driver’s response time to potential hazards, increasing the chances of being in a crash. If you do become drowsy while driving, choose a safe place to pull over and rest.

The circadian rhythm refers to the wake/sleep cycle that our body goes through each day and night. The cycle involves our internal clock and controls the daily pattern of alertness in a human body. With inadequate sleep, the drowsiness experienced during natural “lulls” can be even stronger and may have a greater adverse effect on a driver’s performance and alertness.

A study by the Federal Motor Carrier Safety Administration (FMCSA) found that driver alertness was related to “time-of-day” more so than “time-on-task.” Most people are less alert at night, especially after midnight. This drowsiness may be enhanced if you have been on the road for an extended period of time.

A recent study conducted to determine the risk of having a safety-critical event as a function of driving-hour suggests that incidents are highest during the first hour of driving. The authors hypothesize that drivers may be affected by sleep inertia shortly after waking from sleep. This may be especially true for drivers who sleep in the sleeper berth. Sleep inertia refers to impairment in a variety of performance tasks, including short-term memory, vigilance, cognitive functioning, reaction time and ability to resist sleep.

Tip #2: Maintain a Healthy Diet

Skipping meals or eating at irregular times may lead to fatigue and/or food cravings. Also, going to bed with an empty stomach or immediately after a heavy meal can interfere with sleep. A light snack before bed may help you achieve more restful sleep. Remember that if you are not well-rested, induced fatigue may cause slow reaction time, reduced attention, memory lapses, lack of awareness, mood changes, and reduced judgment ability.

A recent study conducted on the sleeping and driving habits of CMV drivers concluded that an unhealthy lifestyle, long working hours, and sleeping problems were the main causes of drivers falling asleep while driving.

Tip #3: Take a Nap

If possible, you should take a nap when feeling drowsy or less alert. Naps should last a minimum of 10 minutes, but ideally a nap should last up to 45 minutes. Allow at least 15 minutes after waking to fully recover before starting to drive.

Short naps are more effective at restoring energy levels than coffee. Naps aimed at preventing drowsiness are generally more effective in maintaining a driver’s performance than naps taken when a person is already drowsy.

Tip #4: Avoid Medication That May Induce Drowsiness

Avoid medications that may make you drowsy if you plan to get behind the wheel. Most drowsiness-inducing medications include a warning label indicating that you should not operate vehicles or machinery during use. Some of the most common medicines that may make you drowsy are: tranquilizers, sleeping pills, allergy medicines and cold medicines.

In a recent study, 17 percent of CMV drivers were reported as having “over-the-counter drug use” at the time of a crash. Cold pills are one of the most common medicines that may make you drowsy. If you must drive with a cold, it is safer to suffer from the cold than drive under the effects of the medicine.

Tip #5: Recognize the Signals and Dangers of Drowsiness

Pay attention. Indicators of drowsiness include frequent yawning, heavy eyes and blurred vision.

Research has indicated that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of 0.08 percent, which is legally intoxicated and leaves you at equal risk for a crash. A 2005 study suggests that three out of every four CMV drivers report having experienced at least one type of driving error as a result of drowsiness.

Tip #6: Do Not Rely on “Alertness Tricks” to Keep You Awake

Behaviors such as smoking, turning up the radio, drinking coffee, opening the window and other “alertness tricks” are not real cures for drowsiness and may give you a false sense of security.

Excessive intake of caffeine can cause insomnia, headaches, irritability and nervousness.  It takes several minutes for caffeine to get into your system and deliver the energy boost you need, so if you are already tired when you first drink a caffeinated drink, it may not take effect as quickly as you might expect. In addition, if you are a regular caffeine user, the effect may be much smaller. Rolling the window down or turning the radio up may help you feel more alert for an instant, but these are not effective ways to maintain an acceptable level of alertness.

Source: DOT/FMCSA CMV Driving Tips: Driver Fatigue


2017 OSHA's Most Frequently Cited Standards

Manufacturing (NAICS 31)

The Occupational Safety and Health Administration (OSHA) keeps records not only of the most frequently cited standards overall, but also within particular industries. The most recent statistics from OSHA reveal the top standards cited in the fiscal year 2017 for the manufacturing industry. This top 10 list comprises establishments engaged in the mechanical, physical or chemical transformation of materials, substances or components into new products.

Description of Violation Cited Standard Number ACV*
1.    Control of Hazardous Energy (Lockout/Tagout) – Following minimum performance requirements for controlling energy from the unexpected start-up of machines or equipment. 29 CFR 1910.147 $6,195
2.    General Requirements for All MachinesProviding proper machine guarding to protect the operator and other employees from hazards. 29 CFR 1910.212 $8,396
3.    Process Safety Management of Highly Hazardous Chemicals – Preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals that may result in toxic, fire or explosion hazards. 29 CFR 1910.119

 

$7,395
4.    Hazard CommunicationProperly transmitting information on chemical hazards through a comprehensive program, container labeling, SDS and training. 29 CFR 1910.1200 $1,472
5.    Mechanical Power-transmission Apparatus – Following the general requirements on the use of power-transmission belts and the maintenance of the equipment. 29 CFR 1910.219 $2,926
6.    Powered Industrial TrucksEnsuring safety of employees on powered industrial trucks through fire protection, design, maintenance and proper use. 29 CFR 1910.178 $2,645
7.    Wiring Methods, Components and Equipment for General UseUsing proper wiring techniques and equipment to ensure safe electrical continuity. 29 CFR 1910.305 $1,812
8.    Respiratory Protection – Properly administering a respiratory protection program, selecting correct respirators, completing medical evaluations to determine which employees are required to use respirators and providing tight-fitting equipment. 29 CFR 1910.134

 

$717
9.    General Electrical Requirements – Ensuring electric equipment is free from recognized hazards likely to cause death or serious physical harm to employees. 29 CFR 1910.303 $2,761
10. Grain Handling Facilities – Taking proper measures to prevent grain dust fires and explosions by having safety programs in place for quick response and control. 29 CFR 1910.272 $32,603

*ACV (Average Cost per Violation) – The dollar amount represents the average cost per violation that employers in this industry paid in 2017. To understand the full capacity and scope of each standard, click on the standard number to visit www.osha.gov and view the language in its entirety. Source: OSHA.gov  


Compliance Overview - OSHA Inspections

OSHA Inspections

The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe work environment for their workers. The Occupational Safety and Health Administration (OSHA) is responsible for creating workplace safety standards and enforcing compliance with the OSH Act.

OSHA enforces compliance with the OSH Act by conducting inspections, gathering evidence and imposing penalties on noncompliant employers. OSHA penalties are civil penalties that may result in fines. However, OSHA may refer certain violations to the U.S. Department of Justice for criminal prosecution. Actual penalties imposed on an employer take into consideration the gravity of the violation, the size of the employer’s business, good faith efforts the employer makes to comply with the law and the employer’s compliance history.

This Compliance Overview provides a summary of the OSHA inspection process as well as some tips and reminders that employers should be aware of during an actual inspection.

LINKS AND RESOURCES

  • OSHA enforcement programs website
  • OSHA on-site consultations webpage
  • OSHA recommended practices for safety and health programs webpage

COMPLIANCE OFFICERS

  • Conduct inspections
  • Assign specialists to accompany and assist during an inspection
  • Issue citations for noncompliance
  • Can obtain inspection warrants

TIPS FOR EMPLOYERS

  • Check inspector credentials.
  • Notify management when inspector arrives.
  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive.
  • Take note of what the inspector documents.

EMPLOYERS SUBJECT TO OSHA

Most private sector employers in the United States, the District of Columbia and other U.S. jurisdictions are subject to the OSH Act, either directly or through an OSHA-approved state program. State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. The OSH Act encourages states to develop and operate their own job safety and health programs. State-run safety and health programs must be at least as effective as the Federal OSHA program.

In general, state and local government employees (public employees) are not subject to the OSH Act. However, public employees may be covered through an approved state program.

OSHA INSPECTIONS

OSHA inspections are conducted by OSHA’s compliance safety and health officers. Compliance officers have authority to:

  • Conduct inspections;
  • Assign specialists to accompany and assist them during an inspection (as appropriate or required);
  • Issue citations for noncompliance;
  • Obtain court-issued inspection warrants; and
  • Issue administrative subpoenas to acquire evidence related to an OSHA inspection or investigation.

Whenever possible, OSHA will assign compliance officers with appropriate security clearances to inspect facilities where materials or processes are classified by the federal government.

Compliance officers are required to obey all employer safety and health rules and practices for the establishment that is being inspected. This includes wearing all required protective equipment and necessary respirators. Compliance officers must also follow restricted access rules until all required precautions have been taken.

Employers can request compliance officers to obtain visitor passes and sign visitor registers. However, compliance officers cannot sign any form or release, nor can they agree to any waiver. This prohibition extends to forms intended to protect trade secret information.

OSHA inspections can last for a few hours or take several days, weeks or even months. All inspections can be divided into three stages, an opening conference, a walk-around and a closing conference.

Inspection Scheduling

OSHA inspections can be either programmed or unprogrammed. Unprogrammed inspections generally take precedence over programmed ones.

Unprogrammed inspections are usually triggered by particular reports. OSHA gives priority to unprogrammed inspections in the following order: imminent dangers, fatalities or catastrophes, and employee complaints and referrals. OSHA may also conduct an unprogrammed follow-up investigation to determine whether previously cited violations have been corrected.

Programmed inspections are scheduled based on neutral and objective criteria. Programmed inspections typically target high-hazard industries, occupations or health substances. OSHA considers various factors when scheduling programmed inspections, including employer incident rates, citation history and employee exposure to toxic substances.

Inspection Notice

The OSH Act prohibits providing employers advance notice of an inspection. Individuals that provide advance notice of an OSHA inspection face criminal charges that may result in a fine of up to $1,000, imprisonment for up to 6 months or both.

However, the OSHA Act also allows OSHA to authorize exceptions to the no-notice requirement in situations where advance notice would:

  • Allow an employer to correct an apparent imminent danger as quickly as possible;
  • Facilitate an inspection outside of a site’s regular hours of operation;
  • Ensure the presence of employer and employee representatives or other appropriate personnel during the inspection; or
  • Enhance the probability of an effective and thorough inspection (such as in investigations for complex fatalities).

When an exception is approved, OSHA will not provide more than a 24-hour notice to affected employers.

Inspection Scope

The scope of an OSHA inspection can be comprehensive or partial. A comprehensive inspection is a complete and thorough inspection of the worksite. During a comprehensive inspection, the compliance officer will evaluate all potentially hazardous areas in the establishment. However, an inspection may be considered comprehensive even though, at the compliance officer’s discretion, not all potentially hazardous conditions or practices are actually inspected.

A partial inspection is usually limited to certain potential hazardous areas, operations, conditions or practices at the employer’s establishment. However, at his or her discretion, a compliance officer may expand the scope of a limited inspection. The compliance officer will generally make this decision based on the information he or she gathers during the inspection.

COMPLIANCE OFFICER ARRIVAL

OSHA inspections begin with the compliance officer’s arrival. In general, a compliance officer will arrive for a worksite inspection during the site’s hours of operation. However, OSHA may authorize additional times for an inspection as necessary.

Upon arrival, a compliance officer should present his or her credentials. If necessary, employers can contact their local OSHA office to confirm a compliance officer’s authority to conduct the inspection.

A compliance officer has the right to enter an employer’s premises if he or she has obtained consent from the employer or a warrant ordering the employer to admit the inspector. In either case, employers cannot unreasonably delay an inspection to await for the arrival of the employer representative (inspectors may wait up to one hour to allow an employer representative to arrive from an off-site location).

Tips and Reminders

  • Check inspector credentials.
  • Instruct staff on how to receive inspector.
  • Inform senior management or legal counsel as appropriate.
  • Determine whether you will demand a warrant.

Consent

Employers can consent to admit a compliance officer and perform a worksite inspection. Employers may also provide partial consent, and allow a compliance officer access only to certain areas of their facilities. Compliance officers will make note of any refusals or partial consent and will report it to OSHA. OSHA may take further action against any refusals, including any legal process it may see fit to obtain access to restricted areas.

In sites where multiple employers are present, the compliance officer does not need to obtain consent from all employers present. Consent from just one employer is sufficient to allow the inspector to access the entire worksite.

Warrant

Compliance officers are not required to ask for an employer’s consent when they have a court-issued warrant. The warrant allows the compliance officer access to the employer’s facilities to conduct an inspection.

Employers that do not provide consent have the right to require compliance officers to obtain a warrant before allowing them access to the premises. As a general practice, few employers actually require warrants, though some employers have done so to delay the start of an inspection.

There are, however, some exceptions to the employer’s right to require a warrant. A compliance officer does not need to obtain employer consent or a warrant to access the premises if he or she can establish:

  • The existence of a plain view hazard;
  • That the worksite is an open field or construction site; or
  • The existence of exigent circumstances.

OPENING CONFERENCE

In general, compliance officers will try to make the opening conference brief in order to proceed to the walkaround portion of the inspection as soon as possible. In general, the opening conference is a joint conference,

where both employer and employee representatives participate. However, the compliance officer may hold

separate opening conferences if either employer or employee representatives object to a joint conference.

During the opening conference, compliance officers will discuss with employers:

  • The purpose of the inspection;
  • Any complaints filed against the employer, if applicable;
  • The officers’ right to document evidence (handwritten notes, photos, video and audio recordings);
  • The advantages of immediate abatement and quick fixes;
  • The intended scope of the inspection;
  • A plan for the physical inspection of the worksite;
  • The audit of employee injury and illness records;
  • Referring violations not enforced by OSHA to appropriate agencies;
  • Employer and employee rights during the inspection; and
  • Any plans for conducting a closing conference.

Tips and Reminders

  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive, but DO NOT volunteer information.

As applicable, during the opening conference, employers will also need to present their written certification of hazard assessment and produce a list of on-site chemicals (with their respective maximum intended inventory).

Compliance officers will use these documents to determine the hazards that may be present at the worksite and set initial benchmarks and expectations for the physical inspection of the establishment.

Finally, at their discretion, compliance officers can conduct abbreviated conferences in order to begin the walkaround portion of the inspection as soon as possible. During an abbreviated conference, a compliance officer will present his or her credentials, state the purpose for the visit, explain employee and employer rights, and request the participation of employee and employer representatives. All other elements of the opening conference will then be discussed during the closing conference.

WALK-AROUND

The walk-around is the most important stage of the inspection. Employer and employee representatives have the right to accompany compliance officers during the walk-around stage of the inspection. However, workers at an establishment without a union cannot appoint a union representative to act on their behalf during an OSHA inspection walkaround (see OSHA memo from 2017).

During the walk-around, compliance officers will take notes and document all facts pertinent to violations of the OSH Act. In general, compliance officers will also offer limited assistance (as appropriate) on how to reduce or eliminate workplace hazards.

The OSH Act requires compliance officers to maintain the confidentiality of employer trade secrets. Compliance officers should only document evidence involving trade secrets if necessary. Compliance officers must mark trade secret evidence as, “Confidential – Trade Secret,” and keep it separate from other evidence. Compliance officers that violate these requirements are subject to criminal sanctions and removal from office.

Tips and Reminders

  • Inspections may last several days. Plan accordingly.
  • Require inspectors to comply with establishment safety rules.
  • Take note of what the inspector documents.
  • DO NOT stage events or accidents.
  • DO NOT destroy or tamper with evidence.

CLOSING CONFERENCE

As with the opening conference, unless an objection exists, the closing conference is generally a joint conference. However, the closing conference may be conducted in person or over the phone. The inspection and citation process will move forward regardless of whether employers decide to participate in the closing conference.

The compliance officer will document all materials he or she provides to the employer during the closing conference as well as any discussions that took place. Discussion topics for the closing conference may include:

  • Employer rights and responsibilities
  • The strengths and weaknesses of the employer’s safety and health system
  • The existence of any apparent violations and other issues found during the inspection
  • Any plans for subsequent conferences, meetings and discussions

The closing conference is not the time for employers to debate or argue possible citations with the compliance officer. Employers should take sufficient time during the closing conference to understand the inspector’s findings and any possible consequences. Employers should also discuss any abatements completed during the inspection or any plans to correct issues in the near future.

During this conference, employers should also request copies of recorded materials and sample analysis summaries. Finally, employers should take time to discuss their right (and the process they must follow) to appeal any possible citations.


Senate passes bill to combat opioid epidemic

On September 17, the Senate passed a bill to help fight prescription drug and opioid misuse in the United States. Read this blog post to learn more.


Both parties got behind a bill designed to fight the misuse of opioids and other addictive medications, with a sole Republican voting against it as it passed in the Senate.

See also: The days of employers ignoring the opioid crisis are over

As reported by the Associated Press, Utah Republican Mike Lee was the sole dissenting voice as the bill was passed 99-1.

According to the reports, the legislation’s reach is broad, with provisions for deeper scrutiny of arriving international mail that could contain illegal drugs; money for the National Institutes of Health research on nonaddictive painkillers; paving the way for pharmaceutical companies to conduct research on alternatives; approval for the Food and Drug Administration to require drug manufacturers to provide opioids and similar drugs in smaller quantities and packages; and provides federal grants for treatment centers, emergency worker training and prevention research.

See also: A look at how the opioid crisis has affected people with employer coverage

It also would push physicians to discuss pain management alternatives with Medicare patients, something that could have an effect on Department of Health and Human Services data indicating that a third of Medicare Part D prescription plan users in 2017 were prescribed opioids.

“I recognize these provisions are just a start, but we are losing 116 lives every day. And we need to save as many as we can—as soon as we can,” Sen. Gary Peters (D., Mich.) told the Senate.

See also: Employers take steps to address opioid crisis

Funding for the provisions of the measure will have to come from separate spending bills, and for the bill to become law, it will have to be reconciled with legislation that passed the House back in June. Despite the high level of tension between Democrats and Republicans at present, according to the Wall Street Journal, “Senate aides are optimistic the measures can be reconciled and passed by the end of the year.” Still, opioid use is definitely a bipartisan issue, hitting red and blue states alike, with preliminary data from the Centers for Disease Control and Prevention indicating that in 2017 U.S. overdose deaths from all drugs set a record and ballooned to more than 72,000.

SOURCE: Satter, M. (18 September 2018) "Senate passes bill to combat opioid epidemic" (Web Blog Post). Retrieved from https://www.benefitspro.com/2018/09/18/senate-passes-bill-to-combat-opioid-epidemic/


Eliminate Electronic Distractions from the Workplace

It is a generally accepted fact that the use of cellphones and other electronic devices while driving present a distraction that greatly increases the chance for an accident. Unfortunately, what too many people fail to take into consideration is how distracting these devices can be in other situations.

In an industry of moving machinery and equipment, manufacturing workers are especially susceptible to workplace injury. They need to be alert at all times, as even the smallest slip-up can cause an accident. Not only can an inattentive worker injure themselves but their carelessness can also endanger others. In this type of work environment it is easy to see the importance of minimizing the potential distractions faced by your employees.

Cellphones

Whether it’s talking or texting, cellphone use takes the employees focus off their task. While handheld use compounds the problem, even using a hands-free device does not allow for full concentration. Studies indicate that the act of talking on the phone is distracting regardless of whether the user is physically holding the device or not. It is the conversation itself that takes an employee’s focus off their work and surroundings.

While some employees may need to use a work cellphone as part of their job, it is best to place restrictions on when and where those phones can be used. Personal cellphones should not be allowed on the manufacturing floor at all, as even the momentary distraction of a call or message alert can potentially lead to an accident. Employees should not have phones on their person during work hours unless they are on a break from their duties and are in a designated break area.

Attentive, focused employees are essential to creating a safe work environment. To reduce the chance for employee injury, it is important to keep the workplace free of distractions, such as cellphones and mp3 players.

Mp3 and Other Music Players

There are a variety of audio cues that alert workers to what is happening around them. Unfortunately, when an employee’s hearing is impaired by music, a shout from a coworker, an odd sound from a malfunctioning machine or the backup alarm on a truck or forklift can be easily missed. Besides limiting the worker’s ability to hear what is going on around them, there is also the potential distraction of operating the device. When adjusting volume or switching songs, not only is the employee’s hearing impaired, but they are also visually engaged with the device. This greatly decreases the worker’s awareness of his or her surroundings.

Potential Hearing Loss

In a manufacturing setting it is not uncommon for there to be high noise levels that require proper ear protection to prevent hearing loss. The use of cellphones, hands-free devices and headphones can interfere with an employee’s proper use of protective equipment. Even though such devices may cover the ear, most are not meant to provide hearing protection.

In fact, in noisy situations, devices that administer sound directly into the ear increase dangerous levels of noise exposure as employees turn up volume levels to drown out background noise. The combination of these noise exposures greatly increases the rate of hearing loss, which in turn increases the chance for occupational hearing loss claims.

Electronics Usage Policy

Attentive, focused employees are essential to creating a safe work environment, which is why it is important to eliminate possible distractions. Prohibiting employee use of personal electronic devices can aid in reducing workplace accidents. To clearly state your company’s rules on when and where usage is restricted, institute an electronics usage policy. Once instituted, train your employees in the policy requirements and make sure restrictions are diligently enforced.


Why Work? For More than the Money

Discovering the individualized reasons people work is key to helping employers understand what will motivate employees.

According to the article "What People Want from Work: Motivation" on the website The Balance, successful companies need to start with money. Paying employees fair compensation, or ideally more than fair, brings the talent in and reduces the risk of losing great employees. Money helps employees check off responsibilities ranging from taking care of the most basic necessities to enjoying hobbies to long-term planning for retirement.

Turns out, it takes more than money, though. 

While many managers assumed money is the biggest factor, it is only one part of an ecosystem of motivation. Knowing that there are other reasons that get people up and out of bed to head to work can help employers better meet employee needs.

What were some of those factors?

Personal time and attention from a manager, the opportunity to feel known and praised for good work, was the top motivator for workers. Being valued, it turns out, can be as valuable as monetary compensation.

What's more, people want to see that the opposite is also true. Lack of consequences and failure to discipline for not performing is cited as a main demotivator, along with paying those less successful workers the same wage.

Beyond fair pay and managerial recognition, what other factors did workers mention? More control over work, including feeling like they have a say in decision making and goal setting, was one element. Likewise, a feeling of control over schedules and work environments also mattered. Flexibility is a major motivator for many employees. 

Another motivator surrounded opportunity. Both growth opportunities within a role and opportunities for advancement in an institution ranked highly for employees. Access to education and training as well as understanding succession planning and what was needed to be promoted (and that promotions were possible) impact morale and retention.

The big takeaway? While motivation is different for every employee, it is potentially easier than you think to understand what will motivate your employees. Ask them. Many easy, low-cost options abound which, if done well, free up time and money from other efforts that may not yield the assumed results. Pay attention, and you'll find yourself working with motivated, engaged people.

Read the full article here.