Archive | August, 2019

What To Do When ICE Visits Your Company

30 Aug
August-19-ICE Masthead
What are employers required to do if Immigration and Customs Enforcement (ICE) officials raid a job site or ask to inspect your company records?
For a long time ICE officials focused on deporting undocumented immigrants who were in jail or prison and avoided workplace enforcement. Under the current administration, ICE has shifted more of its focus to the workplace. Businesses here have high numbers of undocumented immigrants, which means that employers must know what to do in case of an ICE raid and how to be prepared.
  • Approximately 1/4 of the nations11 million undocumented immigrants live in CA.
  • They currently live and work here often in agriculture, service industries and construction.
  • Some industries rely heavily on this group to remain competitive in the marketplace without them.
Although employers in all industry sectors should know what to do if ICE comes knocking, agricultural employers in particular, must prepare since ICE focuses heavily on this industry based on the volume of workers on dairy farms or agriculture.
To Ensure Compliance With Federal Law …
Employers Are Encouraged to Hire an HR Employee Experienced in
ICE Laws or Engage a Consulting Expert on Immigration Laws 
Workplace Raids Require Warrants
Employers are required by law to allow ICE to conduct a raid if a court-ordered warrant has been issued. In this case, if ICE wants to search a workplace and has a warrant, they must be allowed in the parts of the workplace covered by the warrant.
Without a warrant, there is no requirement for employers to open the workplace to ICE authorities, i.e.: arriving on a worksite on a “tip”-without a warrant-the employer may decide whether to grant access to ICE for an inspection. Employers should carefully read warrants as they detail what areas of the workplace are required accessible to ICE. Although ICE cannot search a job site without a warrant, they can ask to inspect records.
Inspection Notices Require Advance Notice
A notice to inspect employment records requires advance notice, and a physical raid requires a warrant. ICE may ask employers to inspect and verify the identity and employment eligibility documents of their employees. ICE may ask for Forms I-9, and other supporting documentation, such as a copy of the payroll, a list of current employees, Articles of Incorporation, and business licenses. The Notice of Inspection requires advance notice of the visit which gives employers time to gather the documents requested.
Sanctuary Cities
Employers should know that even if their business is located in a sanctuary city or jurisdiction, federal laws govern immigration, not state or local authorities. All employers must comply with ICE requirements and warrants.   Even though the state has declared itself a sanctuary state…the federal immigration authorities are governed by the U.S. Constitution and U.S. immigration laws and the state can’t undermine that or interfere in any way.

Seek Legal Help …
If your firm is struggling with a possible ICE raid, you should meet with an attorney or contact a consulting firm in this field. If you get an ICE notice you certainly should speak with an attorney.

Our Consultants are trained in the latest Immigration Regulations and can assist your company on these topics.  Call us today and eliminate your concerns: 949-533-3742.

Workplace Fatigue Growing Safety Concern

19 Aug
Since workplace safety makes employers consider proper training, proper equipment and a safe work environment … safety fundamentals never stop being a top priority. Tired workers can pose a serious risk to himself/herself and to coworkers.
Research shows that 13% of workplace injuries are attributed to fatigue and 43% of American workers admit that they sometimes are too tired to function safely doing their job.
Health-related Lost Productivity Caused by Fatigue
Costs U.S. Employers $136B Per Year
Certain workers are more likely to experience workplace fatigue, especially those who work irregular or extended shifts (transportation, healthcare, police and firefighters) as well as others whose jobs require rotating shifts. Other factors – long commutes and simply not sleeping enough– also contribute to fatigue even for those with regular shifts.
Regardless the cause, workplace fatigue does increase the risk of injury and illness on the job. The Labor Department reports that accident and injury rates are 18% greater during evening shifts and 30% greater during night shifts when compared to day shifts.

Long shifts – 12-hour days – spike injury by almost 40%. 
These numbers suggest that workplace fatigue awareness matters and is the first step for both employers and employees to keep in mind. Employers can take proven common-sense approaches to diminish the risk of workplace fatigue. OSHA recommends the following steps:
Workers are encouraged to take steps to reduce the risks posed by workplace fatigue as well. A rested worker is a safer worker and makes for a safer work environment for everyone.
Employers benefit from engaged, alert and rested employees. Make this a priority for your company to avoid any accidents or increased costs. Call 949-533-3742 or visit our website  CalWorkSafety to learn how our training programs help you manage workplace fatigue.