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HR Monthly Round Up - February 2025
In this February 2025 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
Diversity, equity, and inclusion programs are under scrutiny, due to recent executive orders. Employers should make sure their policies comply with federal civil rights laws by not prioritizing race or sex over individual merit and aptitude during the hiring process or any other employment actions. Employers must keep in mind that state and local discrimination laws still apply.
Promoting tolerance and respect in a diverse workforce is not the target of these orders, as long as it doesn't result in preferential treatment based on membership in a protected class.
In other news, the acting chair of the Equal Employment Opportunity Commission issued a memo addressing how the EEOC plans to approach gender identity discrimination in the workplace. The agency will implement narrower definitions and policies.
These changes may suggest the agency will handle incoming claims differently than they have for the past few years. Many states have their own gender identity protections and privacy laws that employers must still follow, regardless of EEOC policy changes.
And, finally, a recent opinion letter by the U.S. Department of Labor sheds light on overlapping leave laws. Under the federal Family and Medical Leave Act, employers may require, or employees may choose to use, accrued paid leave (like vacation time) when taking unpaid FMLA leave. This is referred to as substituting paid leave.
When employees get money from a state paid family and medical leave program, employers may not require that employees use their company paid leave since the leave is not unpaid. The bottom line is employers that have employees in states with paid leave laws should be careful of how they administer state and federal leave programs.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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RECENT INDUSTRY HIGHLIGHTS
2025-03-06T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
When employees on FMLA leave ‘ghost’ their employers
“Ghosting” is a term that involves suddenly ending all communication with someone. When employees are on leave under the federal Family and Medical Leave Act (FMLA), their lives have, in some fashion, taken a bit of a turn. They might not be thinking about work as usual. They might even be dealing with situations where they are physically unable to respond to their employer.
If employees on FMLA leave stop communicating with their employer and won’t respond to messages, employers can take some careful steps while staying compliant with the FMLA.
4 steps to employee communication
- Prepare: Before employees go on leave, employers can talk about what employees should expect in the way of communication. This isn’t always possible, however. The need for leave can come up suddenly, making it tough to plan ahead. Having a policy can help, but when things go sideways, employees might not be thinking about workplace rules.
- Try different methods: Employers should try contacting employees using various forms of communication, such as calls, texts, emails, regular mail, and even registered mail. If employers have a reason to believe an employee could be dealing with a medical issue or emergency, they might reach out to the employee’s emergency contact. Employers should document all communication attempts.
Employers should be patient. Remember that the “H” in HR stands for “human.” Life throws curveballs, and having someone in their workplace corner can help employees return to work and help employers avoid the risk of a claim. - Review the “no-call, no-show” policy: If all communication attempts are unsuccessful, it may be time to review the no-call, no-show, and/or attendance policies. These often indicate when employers might consider an employee’s absence as a voluntary resignation. Employers might need to make exceptions to the policy in the event they find out an employee is dealing with a medical issue protected under the FMLA, or other law.
- Potential termination: If employers learn that there’s no reason justifying an employee’s ghosting activities after taking the appropriate, well-documented steps, they may begin moving toward termination.
Employers must consider all the facts involved in each situation. The devil is in the details.
Once employers identify an effective communication method with an employee, they should keep the line of communication open. Good communication can improve overall employee relations. In turn, this can help improve a company’s image, strengthen hiring and retention goals, and help create a work environment that no one wants to ghost.
Key to remember: If employees on FMLA leave ghost employers, employers may take some steps to help establish communication.
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2025-03-06T06:00:00Z
NewsIndustry NewsLockout/TagoutSafety & HealthLockout/TagoutConstruction SafetyGeneral Industry SafetyLockout/Tagout Written ProgramLockout/Tagout Periodic EvaluationLockout/Tagout Affected WorkersIn-Depth ArticleEnglishLockout/Tagout Authorized WorkersFocus AreaUSA
Fatal incident highlights machine safety gaps
In a devastating incident in July 2024, a 58-year-old supervisor tragically lost his life while working on a door molding machine in Alabama. The employee was servicing the equipment when he became entrapped, suffering fatal head injuries.
Unfortunately, this tragedy highlights the importance of the employer’s responsibility to not only have safety programs are in place, but also ensuring workers are effectively trained and properly follow the safety processes and procedures.
Investigation results
OSHA's investigation revealed that critical safety procedures were not followed for machine safety. The company was cited for one willful violation for not de-energizing a machine and two serious violations for allowing employees to bypass safety doors and failing to conduct annual inspections on energy control procedures. These violations have resulted in $193,585 in proposed penalties. Unfortunately, this isn't the first time the company has faced safety issues; there have been previous fatalities and a history of violations since 2016.
So, what can an employer do to ensure this does not happen to them? OSHA provides two comprehensive standards related to machine safety that employers need to establish in their safety programs. The first is machine guarding, found at 1910 Subpart O - Machinery and Machine Guarding. The second is 1910.147, The Control of Hazardous Energy (Lockout/Tagout).
Importance of machine guarding
The machine guarding standard requires that machines be equipped with guards to protect operators and other employees from hazards such as point of operation, ingoing nip points, rotating parts, and flying debris. These guards must be securely attached to the machine and designed to prevent any part of an employee's body from entering the danger zone during operation.
OSHA doesn't specifically require machine guarding training, but it does expect employers to make sure their workers are protected from machine hazards. This means employers need to train their employees on how to recognize these hazards and use machine guards correctly. As a best practice, training should occur prior to working on the equipment, and whenever changes in the equipment or processes occur that impact the guarding.
Importance of controlling potentially hazardous energy
Lockout/Tagout (LOTO) requirements are designed to protect workers from hazardous energy during the servicing and maintenance of machines and equipment. The standard applies to the control of energy during these activities, where unexpected energization or the release of stored energy could cause injury.
As part of this regulation, employers must establish an energy control program that includes specific procedures for shutting down, isolating, blocking, and securing machines or equipment to control hazardous energy. The regulation also requires evaluating the procedures at least annually to ensure they are accurate and effective.
Employee training is dependent on the role of the employees including:
- Authorized employees, who perform the lockout/tagout procedures, must be trained in recognizing hazardous energy sources and the methods to isolate and control them.
- Affected employees, who operate or use the machines being serviced, need to be aware of the procedures and the importance of not attempting to restart equipment that has been locked or tagged out.
- Other employees, who may be in the area, should be informed about the lockout/tagout procedures and the significance of the devices used.
Key to remember: This tragic incident highlights the urgent need for employers to enforce safety when working with machines, including machine guarding and lockout/tagout procedures, and ensure employees are well-trained to recognize and mitigate hazards.
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2025-03-06T06:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyTransportation SecurityTransportation SecurityBorder crossing - Motor CarrierCustoms and border protection (CBP)Security - Motor CarrierFocus AreaEnglishTransportationUSA
CBP takes bold step to enhance cybersecurity
In a proactive move to bolster cybersecurity measures, U.S. Customs and Border Protection (CBP) has recommended that a designated point of contact (POC) for cybersecurity be added to Automated Commercial Environment (ACE) Portal accounts.
This comes in response to a significant increase in cyberattacks targeting the trade community, which have resulted in substantial costs and disruptions.
Cybersecurity
The ACE Portal is a critical tool providing a secure platform for managing trade data and facilitating communication with CBP. By adding a cybersecurity POC, carriers can ensure that CBP has the correct contact information for a rapid response in the event of a cybersecurity threat. This measure aims to:
- Reduce doubt about the legitimacy of both the cyberattack and the notification from a CBP official,
- Provide CBP with the correct person to contact for technical and cybersecurity-related information, and
- Expedite collaborative efforts to intercept and mitigate the impacts of an identified threat.
This initiative underscores the importance of cybersecurity in the trade community and highlights CBP's commitment to preventing and mitigating the impacts of cyberattacks. By taking these proactive steps, carriers can better protect their businesses and contribute to a more secure trade environment.
How do I add a point of contact?
To add a POC for cybersecurity, ACE users must follow the steps required as described in the Modernized ACE Portal User Guide.
Users should select “Technical Point of Contact” in the “Type” drop-down menu field and include “Cybersecurity” in parentheses after the contact’s last name. For example, for a cybersecurity POC named John Doe, the last name field would read “Doe (Cybersecurity).
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2025-03-06T06:00:00Z
NewsApplications/ApplicantsIn-Depth ArticleHR ManagementEnglishHuman ResourcesTalent Management & RecruitingAssociate Benefits & CompensationIndustry NewsRecruiting and hiringRecruiting and hiringInterviewingHR GeneralistAssociate RelationsFocus AreaUSA
Try these interview questions to uncover a job candidate’s true potential
Figuring out if a job candidate is a match for an open position and a good fit for the company is a huge hurdle for HR recruiters and hiring managers. Better interview questions may be the key.
The challenge is coming up with a list of questions that uncover someone’s skills without creating biases or violating discrimination laws.
Skills-based hiring, however, helps shape productive, cohesive workforces. This technique focuses on job performance more than employment history and educational background.
Here are a few ideas for interview questions to help identify the perfect new hire and discover what they bring to the table.
Can they problem solve?
- You’ve been given a new work assignment with little guidance; what steps would you take to complete the work?
- You found a mistake that would cost the company a lot of money if it’s not corrected. What would you do to address the issue?
- You’re on a team that’s responsible for a new product, but it’s not hitting the expected goals. How would you approach the problem?
How innovative are they?
- If you’ve been tasked with improving a process, where would you start and what steps would you follow?
- A new idea you’ve implemented is causing disruption for another department. How would you resolve the issue?
- There is new technology that you think would help the company. What steps would you take to present your findings to leadership?
Can they strategize?
- You’re giving a presentation, and a customer asks you a question that you don’t know the answer to. What would you do?
- You’ve got a new idea for the company, what approach would you take to figure out if it’s worth pursuing?
Are they resilient?
- You’re about to do an online product demonstration for a customer, but the software isn’t working. What would you do?
- You have a new idea for a project, but your boss isn’t on board, how would you handle that?
- You made a mistake in a report and your boss points it out. How would you respond?
How well do they work with others?
- You’ve been put on a team to plan a client visit, but the group is struggling to make decisions. How would you collaborate with everyone?
- You’re in charge of a new process, but a coworker doesn’t want to change. How would you handle it?
Key to remember: Focusing on job candidate skills with these interview questions can help discover a great new hire.
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2025-03-06T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
How to evaluate safety data: Metrics that illuminate
Are you missing two simple indicators that could shed light on potential risks in your operations?
The right metrics help determine the effectiveness of your safety strategies. Two common indicators are lagging and leading.
Typically, companies use a combination of the two, since there is no single measurement that offers a clear vision of their safety endeavors.
What is a lagging indicator?
A lagging indicator uses information or data following a safety event. In other words, it’s a study of the company’s failures and often called a reactive approach to safety.
Lagging indicators used by a typical motor carrier include:
- Number of injuries and fatalities,
- Lost work time,
- Number and severity of commercial motor vehicle crashes,
- Number of workplace safety or DOT citations,
- Number of near misses, and
- Workers’ Compensation claims.
If you use injury and illness statistics for workplace safety data, they do serve an important function. But be aware that there are some pitfalls to relying solely on these statistics. Consider the following drawbacks:
- Under-reporting may not give you the complete picture.
- An injury may not reflect whether the risk is under control.
- Injury rates don’t always tell the whole story. The same risk might result in minor injury for one worker and a more serious injury for another.
- A low injury or illness rate might lead one to believe that no major safety risks are present and create a spirit of complacency.
- Injury rates identify outcomes, not causes.
What makes an indicator leading?
While lagging indicators look to past behaviors, a leading indicator method focuses on fostering future safety behaviors. It’s often called the proactive approach.
The proactive approach:
- Tracks improvements,
- Measures successes,
- Asks for feedback within the company,
- Encourages problem-solving skills,
- Communicates goals on improvement, and
- Looks at the impact of these changes.
Managers look at leading indicators with a goal of steadily improving safety. Leading indicators that show whether a motor carrier has improved safety might include:
- Results of scheduled self-audits and inspections,
- The number of employees trained versus the goal,
- The number of safety improvements initiated and completed versus the company’s objectives,
- Results of a risk or hazard assessment, and
- The results of a documented job hazard analyses.
See the full spectrum
To see if a safety program is working properly, a company’s metrics should include both leading and lagging indicators. Both indicators are necessary to measure success.
Suppose you met your goal of 100 percent of your drivers taking a refresher course on hours of service. You still need to examine your roadside inspection reports and in-house log-auditing to see if it had an impact on performance.
If the leading indicator of the training goal shows success, but the other leading indicator (log-auditing) and the lagging indicator (roadside inspection violations) don’t, the company should find the root cause and try again. Maybe the information presented during the training was not clear and the drivers left confused. You may need to revisit the topic with the drivers and, again, measure its success through both types of indicators.
It comes down to is a series of checks and balances and never relying solely on one metric or category of measure.
Key to remember: Avoid fumbling in the dark when it comes to your safety metrics. Both lagging and leading indicators help shed light on where your program is succeeding and where it needs improvement.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.