Form I-9 Employment Eligibility Verification Update

11 Feb

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Important Update – Form I-9 Now Available

Employers: Prepare for I-9 Instructions
I-9 Employment Eligibility Verification
I-9 Forms verify the identity and employment authorization of individuals hired for employment in the US. All U.S. employers must properly complete Form I-9 for every individual they hire for employment – both citizens and noncitizens.
The Process: Employees and employers (or employer designee) must
complete the form. Employees present their employer with acceptable documents evidencing identity and employment authorization. Employers
then verify the employment eligibility/identity document(s) submitted and
record the document information on the Form I-9. Employers are required
to retain Form I-9 and make it available for inspection by authorized
government officers.
USCIS Changes to the I-9 Form & Instructions:

1. Form:
Revised the Country of Issuance field in Section (1) and the Issuing Authority field (when selecting a foreign passport) in Section (2) to add Eswatini and Macedonia, North per those countries’ recent name changes. (Note: This change is only visible when completing the fillable Form I-9 on a computer.)

2. Instructions:
  • Clarified who can act as an authorized representative on behalf of an employer
  • Updated USCIS website addresses
  • Provided clarifications on acceptable documents for Form I-9
  • Updated the process for requesting paper Forms I-9
  • Updated the DHS Privacy Notice
With a 10/21/19 revision date, the new version can be used starting (1/31/20) – or the employer may continue to use the 07/17/17 N version until April 30, 2020. However, beginning May 1, 2020, employers may only use the new form.

Penalties exist for using an outdated form. Remember: you don‘t need to update forms for existing employees, just use the new form I-9 for new hires after today. If you use an electronic vendor for your I-9s – whether a stand-alone product or included in your HRIS – observe the coming days and weeks to ensure that the form has been updated and is included in your software!

  • One common question is about authorized representatives for Section (2) completion (in the case of remote workers). The rule itself is no different, but the USCIS has clarified the instructions as follows:
“You may designate an authorized representative to act on your behalf to
complete Section 2. An authorized representative can be any person you
designate to complete and sign Form I-9 on your behalf. You are liable
for any violations in connection with the form or the verification process,
including any violations of the employer sanctions laws committed by the
person designated to act on your behalf.”
  • The USCIS has also clarified that you don‘t need to fill in “N/A” for unused fields in Section (2).
  • A helpful tool in the instructions is found on 8-11 where there are abbreviations listed for each possible document.
To Download the new Form I-9 click HERE
 For questions about I-9 revisions, visit: https://www.uscis.gov/i-9

or contact Wendy Garcia for additional clarification.
    CalWorkSafety Helps companies prepare for Cal/OSHA
compliance, training, inspections, citations or written plans.
Contact us today and speak to one of our Consultants:
Call: 949-533-3742
Or email: dondressler1@hotmail.com 

 

Coronavirus: Employers – Don’t Panic, But Be Prepared

6 Feb

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Employers Important Update
Employers Must Make Decisions on
Current Information About This Virus
The rapidly developing outbreak of novel Corona virus (nCoV-2019) in central China is sparking fears of a widespread health threat, a pandemic even, but right now there are as many questions as there are answers. Some cities around the world have declared a crisis and closed schools and non-essential businesses.
Preventive Steps
There is no specific or preventative treatment for nCoV-2019. Infected persons “should receive supportive care to help relieve symptoms,” CDC says. Authorities are urging individuals to practice these preventive steps, which is wise considering we’re still in the flu season:
  • Washing your hands with soap and water for at least 20 seconds, or at least use a hand sanitizer;
  • Avoid touching your eyes, nose, and mouth with unwashed hands;
  • Avoid close contact with people who are sick;
  • Avoid “presenteeism” – going to work when you are sick. If you are ill, stay home;
  • Cover your cough or sneeze with a tissue, then throw it away; and
  • Frequently clean and disinfect touched objects and surfaces.
  • Surgical masks can help prevent infecting others if you are ill but will not prevent you from inhaling germs.

Click Here to learn about the latest information and what you can do for your employees:

If you have questions about this important news contact CalWorkSafety

at: 949-533-3742 and speak with one of our consultants.
CalWorkSafety Helps companies prepare for Cal/OSHA
compliance, training, inspections, citations or written plans.
Contact us today and speak to one of our Consultants:
Call: 949-533-3742 or email:

Completing/Filing Revised Cal-OSHA Form 300A Now Mandatory

30 Jan

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As Of 2-1-20 … Cal/OSHA’s Form 300A Is Now Mandatory to California Employers

California employers should know that Cal/OSHA’s injury/illness reporting requirements have been revised starting on 2-1-20. Employers who meet the requirements for keeping of work-related injuries and illnesses records must post the OSHA Form 300A from February 1 to April 30 yearly. All medical treatment beyond first aid must be reported to OSHA. Employers must also document significant work-related injuries and illnesses diagnosed by a licensed healthcare professional.

March 2, 2020 is the deadline for filing OSHA Form 300A 2019 reports of injury and illness data. If you employ more than ten workers considered to be partially exempt, it also involves an OSHA Form 300A. Now required on all submissions is your Employer Identification Numbers (EIN). These reports include:

Work-related death and every work-related injury or
illness that involves loss of consciousness, restricted work
activity, or job transfer, days away from work, or
medical treatment beyond first aid.

 

New Cal/OSHA Rule Changes That Are Effective Now:
  • OSHA Form 300 requires the supervisor to document the injured employee’s name, job title, and case number.
  • Supervisors must describe the case by listing the date of injury or illness, location of occurrence, and the specific area of the body affected. The log  also asks for the outcome, including days away from work, job transfer, or other recordable cases.
  • Beyond each individual case, employers must also prepare a summary of all work-related injuries and illnesses (reported on Form 300A).
    • In this section, the number of cases, days away from work, and injury or illness are combined into a grand total.
    • The employer then lists their information and provides a signature for OSHA’s internal use.
  • Not to be overlooked, the last page of the report is OSHA’s Form 301 (employer’s form that describes the workplace injury or illness). Each injury or illness that is recorded on OSHA Form 300 or its equivalent must also be recorded on a Form 301 or its equivalent (*a form is considered equivalent if it contains all the information asked on Form 301).
  • Note that larger firms are also required to file online with U.S. Dept. of Labor.
Our CalWorkSafety team helps companies with preparation and filing of your OSHA Form 300 and 300A reports and gives you confidence that they are on time and accurate. If you have questions about this important new regulation contact CalWorkSafety 949-533-3742 and speak with one of our consultants about your questions or concerns.
CalWorkSafety Helps companies prepare for Cal/OSHA
compliance, training, inspections, citations or written plans.
Contact us today and speak to one of our Consultants:
Call: 949-533-3742 or email:

Announcing Two New Employer Tools to Help Employees Prevent/Resolve Employee Performance or Injury Issues

14 Jan

Jan 20 BOTTOMLINE- New Employer Solutions

In working with a number of clients, we have seen problems caused by employees claiming a work injury due to pain and not recovering – increasing the cost of workers’ comp claims. We have also seen employees with “stress” claims or behavior which causes problems for the work force or even indicate potential workers’ comp. claims.

We are very pleased to announce two additional programs now available to our clients to help with employee performance or injury/illness issues. These innovative programs assist you to successfully prevent or resolve employee performance or injury issues by helping you effectively deal with physical, emotional, or behavioral complications. And – as an incentive for you to use this program, our firm CalWorkSafety LLC – will pay for the first office visit under either our Next Level Chiropractic Program, or Mental Health and Cognitive Behavior Therapy provided by Kinsugi Mind Spa in Laguna Hills, CA.

All CalWorkSafety Existing Clients Can Take Advantage of These New Programs for Their Employees:

chiropractor

Next Level Chiropractic Program:

Treatment for pain, strains and sprains and other muscular-skeletal concerns. The pain experienced may be long-standing and accumulated wear and tear of life and very often is not caused by a work injury. But the pain still affects job performance.   The main Chiropractic office is in Irvine but there   are participating offices throughout the LA area.
  • Evaluate – understand – help – find issues
    causing pain
  • Often it is discovered that it is work related
    injury but not Worker’s Comp status

woman worker

Fitness for Duty:

A Mental Health assistance evaluation and therapy:
  • Cognitive Behavioral Training – Seek therapy designed to:
    • Help identify and evaluate stress and/or behavioral issues
    • Help determine the origin of behavioral issues which may not be workplace based
    • Can often get employee back to work (after 3-4 sessions)

These services are not part of a workers’ compensation claim, and our providers are not Primary Treating Physicians – which means there is no report to your workers’ compensation insurer or CA Dept. of Work Comp. And, since this isn’t Worker’s Comp treatment, it has no impact on XMOD. Retainer clients will not be charged for the initial visit; but if follow-up visits are needed, the employer must decide if they will provide and pay for such additional services.

The goal is to benefit employers by helping employees return to work and do their job. Companies which have used a resource such as this have found it lowered the cost of a workers’ compensation claim where behavior, attitude or stress is involved, by 50%.

Help identify and solve employee problems without going through Workers’ comp, experience minimal hassle and provide employees help – whether physical, emotional, or behavioral. These services can also be very important in dealing with the interactive process required by FEHA and ADA for accommodation of disabilities.

Give us a call to learn more … let’s get started.

State Changes Serious-Injury Report Criteria, Moves to Eliminate Email Requests

17 Dec
Report of Work Injuiry

New laws that take effect at the start of 2020 will change how employers report accidents to the California Division of Occupational Safety and Health and revise the criteria for determining which serious job site occupational injuries, illnesses and deaths employers need to disclose.

Lawmakers during the 2019 session enacted AB 1804, which changes the reporting requirement and directs employers to immediately disclose incidents via telephone or through a new online portal created by Cal/OSHA. Employers may continue to send incident reports by email until the agency launches the new site.

The Legislature also enacted AB 1805, amending definitions that legislators argue will provide clarity to employers when reporting workplace injuries.

One amendment is the definition of “serious injury or illness.” The law removed the 24-hour minimum time requirement for qualifying hospitalizations in which an employee suffers the loss of a body part or suffers permanent disfigurement. This excludes stays for medical observation or diagnostic testing.

The law replaces “loss of any member of the body” with “amputation,” and includes the loss of an eye as a qualifying injury. AB 1805 also revises the definition of “serious exposure” by including that the exposure of an employee should create a “realistic possibility” — instead of the current “substantial probability” — of death or serious bodily harm.

The law eliminates the exclusion of an injury or illness caused by certain violations of the Penal Code, and narrows the inclusion of accidents on a public street or highway found to have occurred only in a construction zone.

CalWorkSafety, LLC can provide training for your supervisors and employees on this topic or other safety compliance issues.

Compliance Actions Employers Must Know About McDonald’s Class Action Lawsuit

3 Dec
CA McDonalds Wage-19
An estimated 38,000 McDonald’s California cooks and cashiers won a $26 million settlement in a class-action suit alleging they were not paid overtime wages at corporate-run stores. The settlement also claims workers were denied access to full meal breaks and rest periods when the restaurants were busy and had to clean and iron their own uniforms without reimbursement.
Important Lessons for all California Employers Based on This Case:
To Comply with California Law By:
  • Creating a mechanism for paying the one-hour wage premium to every worker each day when an employer fails to provide them a timely full-meal period or rest break
  • Allowing employees to leave the workplace during their meal periods without restriction or threat of discipline
  • Maintaining detailed electronic time records that accurately track the time and duration of each meal period and rest break; (note this includes rest breaks which are normally not recorded – along with meal period time off) Do not use automatically recorded breaks – use actual time.)
  • Schedule rest breaks as close to the mid-point of the first 4 hours of work as possible. No longer making workers take rest breaks as soon as their shift starts or ends out of convenience to the store, rather than the worker. California law dictates the break should be as close to the mid-point as possible  (rest breaks and meal periods need to be scheduled by the supervisor- not allow “when the employee chooses or wishes.)
  • Provide training to managers and employees about the changes agreed to in the settlement. (A key as many managers and supervisors do not know company policy or the law regarding meal periods and rest breaks.)
The settlement is the highest ever against McDonald’s over wage theft in the U.S. and comes after nearly seven years of litigation in trial and appellate courts and extended settlement negotiations.
CalWorkSafety helps you review your compliance with rest breaks and meal periods to avoid the penalty of 1-hour of pay each day when rest breaks and meals are not allowed on a timely basis:
  1. Rest break for every 4 hours or major portion thereof
  2. Meal period of 30 minutes no later than the end of the 5th hour of work
  3. Do not combine rest breaks and meal periods

If you have questions about this important new regulation Contact CalWorkSafety and speak with one of our consultants about your questions or concerns.

CalWorkSafety Helps companies prepare for Cal/OSHA
compliance, training, inspections, citations or written plans.
Contact us today and speak to one of our Consultants:
Call: 949-533-3742 or email:

How Engaged Workers are Safe Employees

25 Nov

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Engaged workers can lead to an increase in productivity and a positive impact on a company’s bottom line.

A disengaged workforce could spell trouble for a company’s bottom line and lead to unsafe behavior on the job.

When employees are not committed or fully vested in a safety culture, they’re not overly concerned with their performance and they are not invested in the future success of the company. This negatively can affect day-to-day operations, inhibit a company’s growth and put workers’ safety at risk.

A Commitment to Growth

In studies conducted by Queens School of Business and the Gallup Organization, disengaged workers have 37 percent higher absenteeism, 49 percent more accidents and 60 percent more errors and defects. Organizations with low employee engagement scores experienced lower productivity, profitability, job growth and share price over time.

Engaged workers fully are committed to their work and the success of the company. They put in more effort, have a higher quality work product, go out of their way to assist others, have fewer accidents and are willing to provide feedback and suggestions on ways to increase efficiencies and improve the work environment.

In contrast, companies with highly-engaged employees are sought after by other workers and, as a result, have seen a 100 percent increase in job applications for current and future job openings, according to the studies.

Engagement Does Not Mean Happiness

Someone might be happy at work, but that does not necessarily mean they are working hard or productively on behalf of the organization. It also does not mean employee satisfaction. A satisfied employee might show up for their daily shift without complaint, but that same “satisfied” employee might not give the extra effort on their own.

Worker engagement is an emotional commitment the employee has to the organization and its goals. Emotional commitment means engaged employees actually care about their work and the success of the company. They don’t work just for their paycheck or next promotion, but work on behalf of the company’s goals.

Employee engagement empowers an organization to create a culture of recognition through all aspects of the business, including safety.

Key Elements of Worker Engagement

Where do you start? Start at the top with a visible, empowering leadership team that provides a strong narrative about where the company is and where it is going. Managers should focus on their employees and give them scope, treat them as individuals and provide them guidance toward future growth.

From there you need to ensure employees have a voice throughout the organization. Engaged employees are central to instilling change, encouraging innovation, ensuring a safe workplace, assisting with conflict resolution and contributing to the overall success of the company.

Key elements of an employee voice include:

  • Setting clear guidelines – Workers must know their position and that for which the company is striving.
  • Instilling a sense of ownership – Let employees know they are important and you trust them to do the job right every time.
  • Investing in employees’ future growth – Companies who invest in continued growth and development of their employees are more successful and retain staff longer.
  • Involving employees in the safety program – Conduct safety meetings and create safety committees to involve employees in the safety culture. Also include workers in changes before they occur to allow for open discussion.
  • Providing ongoing training for employees – When employees are not properly trained or training has lapsed, they are not being set up for success. It can put their own and others’ safety at risk.
  • Facilitating two-way communication – Managers and supervisors need to be approachable and allow employees to voice their opinions, concerns and ideas without fear of retaliation.
  • Recognizing employees – A simple thank you can go a long way when employees go above and beyond what is expected. Recognition helps to positively reinforce safe behavior and fosters engagement.
  • Gaining employee feedback for continuous improvement – There always are ways to change through improved workflow and processes. Engaging employee feedback helps come up with solutions by fostering creativity. Providing employees opportunities to offer feedback will further solidify engagement and safety efforts.

Without active participation by all members of an organization, a safety culture will not evolve and the safety management system will not reach its full potential.

Engaged workers are invested employees, and they will look out for each other and for the company’s best interests. Employee engagement also shows consideration and care for the staff, which is spread through the company, creating a team atmosphere and providing a positive solution to health and safety concerns.

CalWorkSafety, LLC can help you evaluate the engagement level of your employees, as well as assist with safety training, Cal/OSHA compliance, safety plans and human resources isseues.  We wish you a safe and Happy Thanksgiving.

Visit our website at www.calworksafety.com

 

Michelle Boeldt | EHS Today.