SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2024-12-23T06:00:00Z
NewsIndustry NewsIndustry NewsEnglishHR GeneralistFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)USAHR ManagementLeaveFocus AreaHuman Resources
Maine DOL publishes final rules
Earlier this month, the Maine Department of Labor (DOL) published a final rule implementing the state’s new paid family and medical leave (PFML) law that takes effect on January 1, 2025. Here is a rundown of parts of the final rule compared to the proposed one.
| Proposed rule | Final rule | |
| Employees covered | Employees must earn at least six times the state average weekly wage for prior quarters. | Employees are covered if they earn wages as calculated for unemployment purposes. The law still includes the provision for six times the state average weekly wage. Volunteers are not covered. |
| Intermittent/reduced schedule leave | Intermittent and reduced schedule leave may be taken by the covered individual in increments of not less than a scheduled workday. | No changes. |
| Pregnancy eligibility | If the employee is eligible at the start of leave for pregnancy and recovery from childbirth, the employee remains eligible to bond with the child immediately following the medical leave. | No changes. |
| Affinity relationship individual once per year | Employees taking leave to care for an individual with whom they have an “affinity relationship” are limited to one such designated individual per benefit year. | Changed to “significant personal bond.” No limitation of one designation per year. |
| Child | Not defined, no age limit. | No changes. |
| Job protections after 120 days | Employees have job protections only if they have worked for their employers for at least 120 consecutive calendar days before leave began. | No changes. |
| Concurrency with federal FMLA | Employers may run PFML concurrently with federal FMLA leave. | PFML may run concurrently with FMLA. |
| Written notice of the need for leave | Employers may not require written notice of the need for leave. | Employers may require written notice. |
| Private or self-insured plans | Employers must meet certain criteria that the state DOL would use to determine whether a private fully insured or self-insured plan is substantially equivalent. | Employers must apply for private plans by April 1, 2025, instead of January 1, 2026, as proposed. |
The final rule also included some added information:
- Employees with “good cause” get additional time to apply for benefits.
- Businesses may claim an “undue hardship” and deny claims if employees do not provide advance notice.
- Employees do not receive benefits for the first seven calendar days of leave.
Key to remember: The Maine PFML rule has several changes employers should become aware of.
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RECENT INDUSTRY HIGHLIGHTS
2024-12-23T06:00:00Z
NewsEmployment ContractsIndependent ContractorsContingent WorkforceIn-Depth ArticleHR ManagementEnglishHuman ResourcesTalent Management & RecruitingIndustry NewsRecruiting and hiringContingent WorkforceRecruiting and hiringHR GeneralistFocus AreaUSA
Do you depend on independent contractors? Hiring considerations in 2025
Celebrating the New Year often means parties, countdowns, and resolutions. If you’re in HR — especially if you’re responsible for hiring — you don’t want to drop the ball on employment classification. Resolve to brush up on the rules that impact your business.
Federal law
Companies that struggle to fill open positions without adding to headcount often hire independent contractors to fill those gaps.
About one year ago (January 9, 2024), the U.S. Department of Labor (DOL) released the final rule about how employers are to classify workers as employees or independent contractors. The rule took effect on March 11, 2024, and rescinded the 2021 independent contractor rule, replacing it with a broader analysis for determining employee or independent contractor status.
With an administration change looming, employers should be prepared to make business adjustments based on the independent contractor law. It’s unknown whether the new administration will make changes. If they do, however, it’ll likely be a narrower employee definition, meaning that more workers could be classified as independent contractors and not employees.
That doesn’t mean employers can get off scot-free from compliance responsibilities. Misclassifying employees as independent contractors may deny workers minimum wage, overtime pay, and other protections.
The U.S. DOL, for example, recently obtained consent judgment ordering two health care staffing companies to pay more than $2.4 million in back wages, liquidated damages to 341 employees as part of a misclassification case.
“Misclassification of employees as independent contractors remains a serious concern for the Department of Labor,” said Wage and Hour Administrator Jessica Looman in a press release.
State laws
In addition to federal independent contractor law, employers must comply with state laws relevant to their businesses. California, for instance, has some of the most employee-friendly laws in the country.
California’s “ABC” test (under the AB 5 law) is a prime example of tough state misclassification laws. AB 5 makes it harder for employers to claim that workers are independent contractors. Under AB 5, a worker is assumed to be an employee and not an independent contractor unless:
A. The person is free from the control and direction of the hiring entity in connection with the performance of the work,
B. The person performs work that is outside the usual course of the hiring entity’s business, and
C. The person is customarily engaged in an independently established trade, occupation, or business.
These three prongs together are referred to as the “ABC” test.
Just this past September, California Gov. Gavin Newsom signed the Freelance Worker Protection Act (FWPA) into law. The FWPA — known as Senate Bill (SB) No. 988 — provides minimum requirements for agreements between freelance workers and hiring parties, effective January 1, 2025.
Here are some of the provisions of the law:
- Contracts for freelance work of $250 or more must be in writing and provide certain specific information about services to be provided and dates for contract completion, among other things.
- Payment for freelance work must be made on time or within 30 days after the completion of the work if no due date is specified in the contract. The FWPA prohibits discrimination or adverse action against freelance workers for protesting violations of the FWPA or seeking to enforce it.
Key to remember: Before the ball drops ushering in 2025, HR professionals should brush up on independent contractor laws that affect their companies in the hiring process.
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2024-12-23T06:00:00Z
NewsIndustry NewsSafety & HealthWork-Relatedness DeterminationGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
A virtual ride-along for when travel-related injuries go on the 300 Log
To illustrate how OSHA’s injury recordkeeping rule applies to traveling workers, let’s take a virtual ride-along with an employee and evaluate whether injuries would be work-related at various points during the trip.
Our employee, Pat, will travel four hours to another city, meet with a client for lunch, then tour their warehouse. Pat will then check into a hotel for the night before driving home the next day. If you’re all packed, let’s hit the road!
Starting the trip
Pat leaves home in the morning and the route happens to go past the office. If Pat gets injured in a traffic accident before getting that far, is the injury work-related or is it excluded as a commute?
It would be work-related because Pat is not commuting. Pat is starting business travel “in the interests of the employer” per 1904.5(b)(6). An accident early in the trip does not change this. If Pat had been hospitalized, that could be reportable to OSHA, but only if the accident occurred in a construction work zone.
Meeting the client
Suppose that Pat arrived safely to meet the client for lunch at a restaurant. After parking and while walking across the lot, Pat slips and falls, suffering a laceration that needs several sutures. Is this injury work-related?
Yes, it would be work-related. At the time of the injury, Pat was “present as a condition of employment” per 1904.5(b)(1) and therefore in the work environment. Pat was still traveling “in the interests of the employer” at that point.
Maybe the fall caused only a minor scratch and the lunch meeting goes well. However, Pat starts choking on a bite of food. The client performs abdominal thrusts but Pat briefly passes out from lack of air. Is this loss of consciousness work-related?
No, because OSHA provides an exception when employees are eating, drinking, or preparing food for personal consumption. Even though Pat is in the work environment, the food exception applies, just as it would in a company lunch room.
The next step is touring the client’s facility. Any injuries that occur in the client’s parking lot or during the tour would be work-related. As noted, Pat is in the work environment. For related information, see our article, Applying OSHA's geographic presumption for work-related injuries.
At the hotel
Upon checking into the hotel, Pat establishes a “home away from home” and, per 1904.5(b)(6), leaves the work environment. Any injuries that might occur from slipping in the hotel shower, pulling a muscle in the exercise room, or falling at the hotel pool would not be work-related.
Incidents at the hotel would be work-related only if they occur while performing work for pay and if they are directly related to performing work rather than to the hotel environment. Most incidents would likely result from the environment and would not be work-related.
Traveling home
The next morning, Pat leaves the hotel but stops at a mall to do some shopping. Any injuries that might occur at the mall would not be work-related. Per 1904.5(b)(6), if an employee takes a detour for personal reasons (sightseeing, visiting relatives, shopping, etc.) the employee is not traveling “in the interests of the employer” at that time.
However, an OSHA Letter of Interpretation dated February 12, 2015, clarified that stopping for gas or meals is not a personal detour. Even if Pat stopped to fill the tank only a mile from home, Pat was still on travel status. That letter noted, “Travel status ends once the employee returns to the point of origin of the trip, in your scenario the employee’s home.” Pat could incur work-related travel injuries until arriving home.
Key to remember: Employees who travel for work are in the work environment and could get work-related injuries, except when on personal detours or while at a hotel.
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2024-12-21T06:00:00Z
NewsIndustry NewsFleet SafetyDriver qualificationsDriver qualification and hiringDriver recruiting and retentionFocus AreaIn-Depth ArticleFleet OperationsEnglishDriver recruiting and retentionTransportationUSA
Ghost drivers in the Canadian trucking industry: An unseen crisis
In the dead of night, as highways stretch into the horizon, an unseen crisis lurks within the trucking industry. Ghost drivers — unlicensed, untrained, and often undocumented individuals — are taking the wheel, posing a grave threat to road safety and the integrity of the Canadian transport sector. This hidden epidemic not only endangers lives but also undermines the trust in an industry that is the backbone of our economy.
Where do these ghost drivers come from? In an industry where deadlines are stringent and profit margins thin, the pressure to keep trucks moving can lead to compromised hiring practices. Carriers may be tempted to overlook proper vetting processes, allowing unqualified or undocumented drivers to slip through the cracks. While tempting, here’s why carriers can’t give into that temptation.
Myriads of risks
Ghost drivers pose a myriad of risks, both to themselves and the public. Without proper licenses, vetting, or training, these drivers may not be fully equipped to manage the demands of operating large and complex vehicles. This increases the likelihood of accidents and endangers the lives of other road users. Because they’re not legitimately licensed or qualified, ghost drivers are often not covered by the company's insurance policies. This means that in the event of an accident, the company and other victims may struggle to receive compensation.
Regulations and road safety
From a regulatory standpoint, ghost drivers undermine efforts to keep safety and accountability in the trucking industry – a primary task motor carriers carry on their shoulders. Federal and provincial agencies impose strict regulations on commercial driving to ensure that only qualified individuals are behind the wheel. Taking shortcuts during hiring and putting a ghost driver behind the wheel circumvents these regulations, making it difficult for authorities to track and enforce compliance. This not only jeopardizes road safety but also erodes trust in the trucking industry.
The discovery of ghost drivers within a company's ranks will lead to increased scrutiny from regulators, resulting in more frequent inspections and audits — and even possibly being put out of service This added pressure can strain resources and disrupt operations, compounding the initial problem.
Avoiding shortcuts
As noted above, it can be tempting to cut corners when it comes to hiring in tough times. But it is never an approach that should be entertained. Carriers must strengthen hiring and vetting processes, not loosen them. They must also ensure they’re always conducting thorough background checks, verifying the authenticity of driver’s licenses, and ensuring that all drivers meet the necessary qualifications.
Attracting good drivers to a carrier can be difficult. But a way carriers can improve here is to offer competitive wages, benefits, and career development opportunities. They can also offer enhanced training programs and support systems to help ensure that all drivers are adequately prepared for the demands of the job.
Initiative-taking measures, don’t compromise
The economic climate is difficult for many carriers today and many are looking to cut costs and operational expenses. The driver hiring and qualification process isn’t one that should be compromised for any reason, especially if it can put a potentially unsafe and unqualified driver on the road.
Key to remember: By adopting comprehensive and proactive measures, carriers and the industry can address this hidden threat and ensure a safer, more accountable future for all.
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2024-12-20T06:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Why New Year’s safety resolutions often fail
New Year’s resolutions often fail as early as February. Someone might resolve to lose weight, quit smoking, or exercise more, but they rarely follow through. The reasons for those failures can also cause safety efforts to fail. Watch for these common problems.
Lack of accountability: Resolutions might fail because individuals don’t hold themselves accountable for results. Simply declaring a goal such as “lose ten pounds” or “reduce injuries” without creating a step-by-step plan to achieve that goal is a recipe for failure. Everyone needs specific and actionable items. Ideally, create an action item to accomplish every day or every week.
As goals grow larger, accountability must extend beyond the individual. In the workplace, this means support from supervisors and upper management. Keep in mind that accountability must go beyond measuring progress and addressing failures; it also requires ongoing support and encouragement. Providing recognition as each step gets achieved can help keep everyone on track and moving forward.
Failing to address negative motivations: Accepting change isn’t easy, even when we know the change benefits us. Staying the course is easier and familiar, like eating the same foods or following the same daily routine (without exercise). Managers requesting changes should anticipate likely objections and develop approaches to assuage them. When given a new process, individuals must choose to change their routines, but they commonly resist even if they do not consciously understand why they’re resisting.
Workers might resist authority or resist being told what to do (even if subconsciously), or they might have developed an attitude like “I know what I’m doing.” People who resolve to lose weight, for example, might continue buying the same unhealthy (but familiar) foods. Changing the entire grocery list at one time is too much, but changing just one item per week could be sustainable. Accepting change gets easier when the process is broken down to smaller, manageable steps that can be incorporated one at a time.
Successfully making changes requires individuals to recognize the benefits and hold themselves accountable. To do so, they must understand the benefits and overcome their own resistance.
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2024-12-20T06:00:00Z
NewsIndustry NewsHR GeneralistIn-Depth ArticleLabor Law PostersAssociate RelationsEnglishLabor Law PostersHR ManagementFocus AreaUSAHuman Resources
Check your posting list twice – you might not be done yet
If your company needs a new or updated labor law poster for 2025, pat yourself on the back for getting ready to display it in January.
Don’t get too smug, however. You might have additional tasks to check off your list. The revised Connecticut paid sick leave law is just one example of how new and updated labor law posting requirements require a closer look.
Don’t forget remote workers
From posters about minimum wage to workplace discrimination to paid sick leave, each labor law posting is required by a separate law. Under some of these laws, employers must make sure remote workers have access to the posting.
When the revised Connecticut sick leave law takes effect on January 1, covered employers need to make it available to employees who telework or perform their jobs through a web-based or app-based platform.
The Connecticut law gives them several options for doing this. It allows them to send information via electronic communication, or conspicuously post the poster on a web-based or app-based platform.
There are electronic posting requirements in seven other states as well, and while each one has its own nuances, placing an electronic version of a labor law poster on a readily accessible company intranet is generally an acceptable way to comply.
Even when there is no requirement to use electronic labor law posters, they’re always a good idea when a company has remote workers. They’re highly recommended by the U.S. Department of Labor and are a great way to make sure all employees are made aware of their rights under employment laws.
Do you need a Spanish poster?
Some laws also require employers to display a posting in a language other than English. The Connecticut paid sick leave posting checks that box as well.
The law requires employers to display the posting in both English and Spanish. Some laws with a language requirement stipulate that a posting needs to be displayed in a language other than English only if an employer’s population has a certain percentage of employees commonly speak another language.
The Connecticut law does not have that caveat, however, and requires both English and Spanish postings to be displayed.
There are only a few states with a similar requirement. Colorado, the District of Columbia, and New Jersey have at least one posting that must be displayed in English and Spanish. Arizona and New Mexico have bilingual postings that must be on the wall.
In other states with posting requirements that mention Spanish or another language, a posting in a language other than English is only needed when the language makeup of the workforce calls for it. The federal Family and Medical Leave Act posting, for example, must be displayed in a language other than English if a significant number of employees are literate in that language.
Even when it’s not mandatory, it’s always a best practice to post labor law posters in a language your employees can read and understand.
Is a notice required?
A posting law might call for employers to take an additional step and notify employees of their rights under the law.
When a notice is required, it must be provided to the employee. Each law is a little different, but in general this can be done by:
- Handing a physical document to the employee
- Emailing the document to the employee
- Mailing a document to the employee
Some laws also allow a notice to be included in a company handbook or placed on the company intranet.
The Connecticut Paid Sick Leave law requires employers to provide a written notice to each employee as of January 1, 2025. It also needs to be provided to new employees.
Key to remember: When you put an updated poster on the wall, you might not be done. Check to see if the law requires electronic postings for remote workers, a posting in a language other than English, or a notice that must be provided to workers.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.