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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.
FEATURED NEWS
2025-09-16T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
Reassigning employees on FMLA leave
The federal Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month leave year for specified reasons. Such leave can have employers scrambling to get the work done. HR professionals might, therefore, have questions about reassigning employees during or after FMLA leave.
Generally, employers shouldn’t permanently reassign employees because they ask for or take FMLA leave. Employers risk a retaliation claim if they take a negative employment action against employees who exercise their FMLA rights. There are, however, circumstances when employers may temporarily reassign employees.
Temporary reassignment for intermittent leave
When employees need foreseeable intermittent or reduced-schedule FMLA leave for planned medical treatments, employers may temporarily reassign them to a different position if it better accommodates the leave schedule.
This alternate position must have the equivalent in pay and benefits, but can differ in job duties. The reassignment should last only as long as needed, and employers must restore employees to their original or an equivalent position when the need for intermittent leave ends.
Unforeseeable intermittent leave works differently. When employees need unforeseeable intermittent leave, employers may not temporarily reassign employees to a different position. Employers may only reassign employees for intermittent leave needed for planned medical treatment.
Reassignment after leave
The FMLA guarantees employees the right to return to the same or an “equivalent” (virtually identical) position after leave. An equivalent position is defined as one with not only substantially similar pay, but also benefits and working terms.
These terms include:
- Location,
- Shift,
- Schedule, and
- Opportunity for bonuses, profit-sharing, and other similar discretionary and non-discretionary payments.
If business needs require structural changes, employers should document that these changes would have occurred regardless of the employee’s leave status.
Employers should document all communication, decisions, and the rationale for job reassignments to help show compliance.
Key to remember: Employers may reassign employees on FMLA leave to other positions only in certain limited situations.
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RECENT INDUSTRY HIGHLIGHTS
2025-09-16T05:00:00Z
NewsEmergency Planning - OSHAIndustry NewsSafety & HealthEmergency PreparednessConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
What to expect when you’re NOT expecting: Preparing for “Other Emergencies”
Emergencies aren’t one-size-fits-all, and your workplace needs to be ready for whatever comes your way. While OSHA requires an Emergency Action Plan (EAP) for fires and other emergencies, it’s that vague “other” category that often gets overlooked. And that’s where safety professionals need to dig deeper.
Today’s threats go far beyond fires. Think of chemical spills, cyberattacks, mental health crises, workplace violence, and infrastructure failures, the list keeps growing. If your EAP only covers evacuations for fires, it’s time for a rethink. A strong plan should reflect the real risks of your environment and prepare your team to respond with confidence when faced with the unexpected.
What Is OSHA 1910.38?
OSHA 1910.38 requires employers to develop and maintain an EAP whenever another OSHA standard requires it. The EAP must be:
- Written and accessible (unless the employer has 10 or fewer employees, in which case it must be communicated orally), and
- Reviewed with employees when the plan is created, changed, or when an employee’s responsibilities under the plan change.
The plan must include contact information for employees who can explain the plan, plus procedures for:
- Reporting a fire or other emergency,
- Emergency evacuation, including exit route assignments,
- Critical operations,
- Accounting for all employees after evacuation, and
- Rescue and medical duties.
What exactly are “Other Emergencies?”
OSHA’s use of the term “other emergencies” in 29 CFR 1910.38 is intentionally broad. This flexibility reflects the evolving nature of workplace threats, many of which go beyond traditional hazards like fires or chemical spills. According to OSHA guidance, “other emergencies” may include:
- Explosions
- Severe weather events (tornadoes, hurricanes, floods)
- Chemical spills or leaks
- Terrorist or bomb threats
- Workplace violence • Medical emergencies
- Active shooter situations
- Radiological or biological hazards
- Cybersecurity breaches
- Infrastructure failures (water main breaks, power outages)
- Mental health crises
How can an organization tailor EAPs to their risk environment?
A one-size-fits-all approach rarely works because every workplace faces different threats based on its industry, location, workforce, and other factors. The ability to customize the plan ensures that employees know exactly what to do when the unexpected happens. Here are some examples:
• Chemical manufacturing facility: Beyond fire and evacuation procedures, these facility EAPs may include detailed spill containment protocols, decontamination steps, and coordination with hazardous materials (HAZMAT) teams. Plans should also address chemical exposure first aid, ventilation shutdown procedures, and emergency notification systems for nearby communities.
Data centers: These environments rely on uninterrupted operations, so Emergency Action Plans (EAPs) may also cover flooding scenarios, electrical hazards, and Heating, Ventilation, and Air Conditioning (HVAC) failures that could lead to overheating. Contingency measures might include backup power systems, server shutdown protocols, and communication plans for Information Technology (IT) teams to minimize downtime and data loss.
Tornado and severe weather prone regions: In addition to standard evacuation routes, workplaces should implement shelter-in-place protocols for severe weather. This includes designating safe interior rooms, stocking emergency supplies, and establishing communication plans for remote or traveling employees to ensure continuity of operations during and after the event.
Schools and hospitals: These facilities face unique challenges due to their public access and vulnerable populations. EAPs should prioritize active shooter response, mental health crisis intervention, and lock-down procedures. They should also include evacuation plans for individuals with mobility limitations, family reunification strategies, and coordination with local law enforcement and emergency services.
OSHA encourages employers to conduct risk assessments, engage in scenario-based training, and coordinate with local emergency services to ensure their plans are both comprehensive and actionable.
While OSHA sets the minimum requirements, many organizations choose to go further. Enhanced plans may include:
- Annual drills and refresher training,
- Coordination with local emergency services,
- Mental health support following traumatic events, and
- Business continuity planning.
Key to remember: Emergencies come in many forms, so your response plans should too. Effective preparedness is about being ready for any threat, from fires to severe weather, or chemical spills to cyberattacks. Take action now to review your risks, update your EAP, and prepare your team to face the unexpected with confidence.
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2025-09-16T05:00:00Z
NewsIn-Depth ArticleUSAHR ManagementEnglishHealth PlansAssociate Benefits & CompensationIndustry NewsEmployee BenefitsVision CoverageEmployee BenefitsBenefits communicationHR GeneralistHealth Savings Accounts (HSAs)Associate RelationsFocus AreaHuman Resources
3 tips for a smoother, less spicy, open enrollment
It’s that time of year again. No, not pumpkin spice season — well, it is, but that’s for a different article. For HR, it’s getting close to open enrollment season.
HR departments across the country are getting ready to kick off open enrollment in the coming weeks. While this task can be a huge undertaking, following three simple steps can help make the process go smoothly for HR and employees.
- Prepare employees. Communicate about open enrollment early and often. Start in September and wrap up in November. Not only does HR need to prepare, but they also need to get employees ready. While open enrollment is a once-a-year activity, benefits communication should be a year-round priority. Benefit use ebbs and flows throughout the year, and the needs and questions surrounding it also change based on an employee’s time with the company and their personal life. That’s why ongoing benefits communication is needed.
- Focus on messaging. Tailor open enrollment communication to your specific workforce and avoid a one-size-fits-all approach. Newer employees might need more details about the process. For them, an FAQ sheet with common benefits terms might come in handy. Long-time employees might have questions about making changes to their insurance once they become empty nesters. Offering short videos might appeal to that crowd. Use available resources to craft catchy messaging to grab employees’ attention and provide easy-to-follow instructions so they know what to do.
- Create goals. Think back to what went well (or what didn’t) during last year’s open enrollment. Were the same questions coming up repeatedly? Were employees confused about how to sign up for insurance? It’s always good to evaluate the open enrollment process and keep notes on how to improve things next time around. By creating HR goals with process improvement in mind, it helps set HR up for success this year. Remember to make goals specific. Instead of saying, “improve open enrollment communication,” for example, set a goal such as, “improve response time to employee open enrollment questions by 25 percent.”
Key to remember: Open enrollment might not be HR’s favorite time of year, but like pumpkin spice season, it’ll pass. When frustrations ramp up, remember to prioritize the “human” in HR and follow three simple steps to make open enrollment better for everyone.
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2025-09-16T05:00:00Z
NewsIndustry NewsEnglishAssociate RelationsHR GeneralistIn-Depth ArticleUSAHR ManagementWellnessWellnessFocus AreaHuman Resources
Now is the time to prepare your workplace for virus outbreaks
Many companies are encouraging workers to return to the office, as bringing workers together provides more opportunities for them to chat and bounce ideas off each other. It also makes it easier for them to spread something other than their thoughts: Virus-borne illnesses.
Cases of colds, flu, and COVID-19 tend to increase in the fall as people spend more time indoors and are in closer contact with each other. Drier air is also a culprit; viruses spread more quickly when the air is dry as the droplets float in the air rather than falling to the floor.
People also have a tougher time warding off viruses when the air is cool and dry, as the upper respiratory tract doesn’t operate as efficiently in those conditions.
Now is the time to think about how to give your workers the best chance for staying healthy and what you will do if a virus outbreak occurs.
To protect your workers and keep viruses away:
- Keep things clean. Germs can linger on surfaces for days or weeks. Devise a plan for cleaning commonly touched surfaces, including doorknobs, microwave handles, handrails, keyboards, light switches, dials, and control buttons.
- Check building ventilation. Proper indoor ventilation can lower the concentration of viruses and allow people to breathe in air that’s less contaminated. In addition, good ventilation reduces surface contamination, as fewer virus particles are falling from the air onto a surface. Give your heating and cooling system a checkup to make sure it meets or exceeds requirements.
- Encourage handwashing. Regular handwashing reduces the chance of infection by getting rid of germs, which can enter the body when a person touches their eyes, nose, or mouth. Put up posters and signs that encourage employees to regularly wash their hands by rinsing, lathering, and scrubbing for 20 seconds. Provide handwashing facilities with ample clean water and soap. If employees work in an environment where soap and water aren’t available, provide hand sanitizer made with at least 60 percent alcohol.
- Remind workers about etiquette. Workers should cover their mouths when coughing or sneezing and properly dispose of used tissues. Remind them of these simple but important actions.
- Encourage a vaccination conversation. Vaccinations for the flu and COVID-19 can help prevent severe illnesses and hospitalizations. Encourage workers to talk to their health care provider about which vaccinations are right for them.
- Give workers space. Viruses often spread through the air. Make sure workers have the opportunity for adequate distancing.
- Update and publicize your sick leave policy. One key to staying healthy is to avoid contact with people who are sick. To keep viruses from spreading, employees who are ill should stay home when they are contagious. Make sure employees understand your sick leave policy and know who to contact if they aren’t feeling well. Supervisors should have a plan in place to cover unplanned employee absences so workers don’t feel pressured to come into work when they’re ill.
- Consider remote work as an option. If remote work is a possibility for those who don’t feel well enough to come into the office, publicize your policy. Make sure workers are aware of how to inform supervisors and teammates of their plans.
Key to remember: Cold and flu season hasn’t kicked in quite yet, so now is the time to prepare and take action to prevent outbreaks.
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2025-09-16T05:00:00Z
NewsIndustry NewsAccident Investigation - OSHAAccident Investigation - OSHAAccident Root Cause DeterminationAccident Corrective and Preventative ActionsSafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Why near-miss reporting is the most valuable data employers ignore
Every employer wants to prevent workplace accidents. Yet, too often, organizations only act after an injury, spill, or property damage occurs. By then, it is too late – the harm is done, and the costs have already hit. What many employers overlook is that some of the most valuable safety data will not come from accidents at all. It comes from near misses or those “close calls” where an incident almost happened but luckily did not. Properly capturing and investigating near-miss reports is one of the most effective ways employers can reduce risk, improve safety culture, and avoid costly incidents. But despite the benefits, near-miss reporting remains one of the most underutilized tools in employer EHS programs.
What is a near-miss?
A near miss is an unplanned event that did not result in injury, illness, or damage, but had the potential to do so. Think of a worker almost slipping on a wet floor, a forklift nearly hitting a pedestrian, or a chemical container tipping over but not spilling. These warning signs are free lessons for employers. Each one provides insight into hazards that, if left unaddressed, could cause serious harm the next time.
Why employers should care
- They predict future incidents – research shows that for every serious workplace accident, there are dozens, sometimes hundreds of near misses leading up to it. If employers track near misses, they can identify unsafe conditions and behaviors before they escalate into injuries or fatalities.
- They are cost effective – responding to a near-miss costs a fraction of what an actual incident costs. Medical treatment, workers’ compensation, lost productivity, regulatory fines, and damaged equipment add up quickly. By treating near misses as early warnings, employers can save significant money.
- They strengthen safety cultures – encouraging employees to report near misses sends a clear message that all hazards matter, not just the ones that cause immediate damage. This helps workers feel empowered to speak up and creates a proactive safety culture where prevention is valued over reaction.
- They improve compliance readiness – while OSHA does not mandate near-miss reporting, documenting, and addressing them demonstrates due diligence under the General Duty Clause. If regulators investigate, employers with a strong near-miss program can show they are actively managing risk.
Common barriers to reporting
So, why do many employers fail to take advantage of this powerful tool?
- Employees fear they will be blamed or punished, and they worry that reporting a near miss may make them look careless to management.
- Employees lack awareness and may not realize what counts as a near miss.
- If the reporting system is difficult or time-consuming, workers just will not do it.
- Some employees may feel their reports are being ignored if no action is taken. When this happens, they will stop reporting.
How to build a strong near-miss program
- Create a no-blame policy – make it clear that reporting is encouraged and will not lead to discipline. Shift the focus from “who is at fault” to “what can we learn.”
- Simplify the reporting process – use short, easy-to-complete forms or mobile apps that allow workers to quickly record what happened.
- Train employees – provide examples of near misses so workers recognize and report them. Reinforce that reporting is just as important as reporting injuries.
- Act on reports – investigate and address hazards identified through near misses. Employees need to see that their input leads to meaningful action.
- Close the feedback loop – share success stories. Let workers know when a near-miss report prevented a bigger problem to reinforce the value of reporting.
For employers, near-miss reports are a goldmine of information. They provide early warnings about hazards, reduce the likelihood of costly accidents, and strengthen safety culture. Yet too often, this valuable data is not utilized because workers are not encouraged or do not feel safe to report.
Keys to remember: By removing barriers, simplifying reporting, and demonstrating that reports lead to real improvements, employers can transform near misses into one of their most powerful safety tools.
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2025-09-15T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
The growing concern of mental health in construction
We all know that construction jobsites are high-risk work environments. But one of the most urgent dangers facing today’s construction workforce isn’t falling from a height or being struck by equipment—it’s the silent struggle with mental health.
According to the Centers for Disease Control and Prevention (CDC) and the Construction Industry Alliance for Suicide Prevention (CIASP), construction workers die by suicide at a rate of about 45 per 100,000 workers. That is four times higher than the general population and five times higher than all workplace fatalities in construction combined. Suicide is now the leading cause of death for construction workers—and the numbers keep growing.
Protecting workers must go beyond physical safety—it requires addressing the mental health struggles that far too often go unseen.
Construction suicide rates
Construction has the highest suicide rate of any occupational group in the United States. The vast majority of these tragedies—97%—involve men between the ages of 25 and 34. These are often workers in the prime of their lives, with families, careers, and futures ahead of them.
The statistics become even more alarming when you consider the overlap with high-risk populations. For example, 15% of people leaving the military transition into the construction industry. Many of these individuals already face elevated risks of suicide due to PTSD, substance misuse, and other service-related challenges.
Taken together, these numbers highlight an urgent need: mental health in construction cannot remain an afterthought. It must become a central focus of workplace safety efforts.
Why construction workers have a higher risk
Several factors combine to make construction workers particularly vulnerable:
- Job insecurity and financial stress: Construction often involves seasonal work, layoffs, and the pressure of providing for a family without consistent stability.
- Physical pain and injury: Chronic pain from demanding physical labor can lead to depression, substance misuse, or opioid dependence.
- Workplace culture: A longstanding “tough it out” mentality in construction discourages workers from speaking openly about stress, anxiety, or depression.
These risk factors are deeply ingrained in the industry, which means meaningful change requires intentional action from within.
What employers and safety managers can do
The good news is that there are proven steps employers can take to address this crisis. By fostering a supportive culture and equipping workers with resources, companies can potentially save lives. Here are some starting points:
1. Break the stigma. Openly acknowledge mental health as a safety issue. Incorporate mental health into toolbox talks, safety meetings, and training. Leaders should model openness by sharing resources and encouraging conversations.
2. Provide training and awareness programs. Educate supervisors and crew leaders to recognize the warning signs of distress—such as withdrawal, mood changes, or increased substance use. Programs like ASIST (Applied Suicide Intervention Skills Training) and QPR (Question, Persuade, Refer) can prepare leaders to respond.
3. Promote the 988 Suicide & Crisis Lifeline. Workers need to know there is immediate help available. The 988 Lifeline provides 24/7, confidential support for anyone in crisis. Display posters, wallet cards, or stickers with the 988 number around job sites.
4. Connect Workers to Resources. Offer Employee Assistance Programs (EAPs) or partner with local mental health providers. Ensure workers know how to access counseling, peer support, or substance use treatment.
5. Build a Supportive Culture. Encourage open dialogue and peer-to-peer support. Simple practices like checking in with coworkers or making mental health part of regular safety checks can normalize seeking help.
Industry initiatives making a difference
The construction industry is beginning to recognize this crisis, and major organizations are stepping up. OSHA has partnered with industry stakeholders to promote mental health awareness. Trade groups are developing training, toolkits, and campaigns to help employers integrate mental health into safety programs.
One excellent resource is the Construction Industry Alliance for Suicide Prevention (CIASP), which provides practical tools and educational materials tailored to construction workplaces. Their website, www.PreventConstructionSuicide.com offers posters, checklists, and guides that employers can use immediately.
By leveraging these resources, safety managers can take actionable steps to improve workplace culture and provide support for their teams.
Key to remember: Suicide is the leading cause of death for construction workers. If mental health is not addressed, the industry will continue to lose workers at alarming rates.
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