Archive | April, 2020

2020 Heat Illness Standards

23 Apr

April 2020

Temperatures across Southern CA and the San Joaquin Valley will be reaching close to 90 degrees by the end of this week. With temperatures increasing the likelihood of employees falling victim to Heat Illness is high.

Take measures to prevent any employees from being affected by the heat this week and in the upcoming spring and summer months with preventative training.

 

*Monitor Your Local Weather by Phone or News*

California Employers Are Required to Take
These 4 Steps to Prevent Heat Illness:

Training
Train all employees and supervisors about heat illness prevention.
 
Water
Provide enough fresh water so that each employee can drink at least one quart per hour, or four 8-ounce glasses, of water per hour, and encourage them to do so.
Shade @ 80 Degrees
Provide access to shade and encourage employees to take a cool-down rest in the shade for at least five minutes. They should not wait until they feel sick to cool down.
Planning
Develop and implement written procedures for complying with the Cal/OSHA Heat Illness Prevention Standard. Have copies of written standards on hand where employees are working, including remote locations.
 
CalWorkSafety & HR Helps You With Compliance:

Written Plans, Training and other Compliance Issues.

Learn More: email: dondressler1@hotmail.com

California Orders Insurers to Pay Back Premiums Due to Virus

20 Apr

 

Ricardo

Ricardo Lara, California’s Insurance Commissioner

California insurance commissioner Ricardo Lara on Monday ordered insurers in the state to refund some March and April premium payments to policyholders for a range of personal and commercial lines due to COVID-19.

The notice ordered insurers to “make an initial premium refund for the months of March and April” to affected California policyholders as quickly as practicable and no later than within 120 days.

Lines where refunds are required include, commercial and personal auto, workers compensation, commercial multiple peril, commercial liability, medical malpractice and “any other line of coverage where the measures of risk have become substantially overstated as a result of the pandemic,” the notice said.

Insurers can offer premium credits, premium reductions, return of premiums of other “appropriate premiums adjustments” and must report their actions with 60 days, the notice said.

The department will send out a subsequent bulletin to insurers and provide appropriate instructions if the COVID-19 pandemic continues beyond May, the notice said.

The order follows announcements by various auto personal lines insurers and some small business insurers in various states that they would offer premium refunds or discounts to reflect decreases in miles driven and other risk-related changes stemming from the pandemic.

Meanwhile, Chubb Ltd. on Monday announced that small business policyholders whose policies renew between April 1 and August 1, 2020, will receive an automatic 25% reduction in the sales and payroll exposures used to calculate their premium as well as a 15% reduction in premiums for their commercial auto insurance.

In addition, Chubb will purchase $1 million in gift cards from small business clients, which will be donated to healthcare workers and other first responders on the front lines of the pandemic in their communities.

In addition, Selective Insurance Group Inc. on Monday announced it would give commercial and personal auto policyholders a 15% premium credit for April and May related to COVID-19 shelter-in-place orders.

Workers Exposed to COVID-19

By Kurt Rose and Karen Charlson on  April 9, 2020, Littler law firm.

In yet another significant move, on April 8, 2020, the U.S. Centers for Disease Control and Prevention (CDC) published additional guidance for employers regarding safety practices for “critical infrastructure workers” who may have been exposed to a person with a suspected or confirmed case of COVID-19.

Since the onset of COVID-19, many employers are requiring employees who have been exposed, or potentially exposed, to infected persons to remain away from work for 14 days – the CDC’s stated incubation period.  As a result, many employers, including those that perform essential functions, were hamstrung operationally because portions of their workforce remained self-quarantined for two weeks.

New Guidance for Critical Infrastructure Employers

The new guidelines help ease the strain on the country’s critical sectors.  The purpose of the guidance is to ensure the continued operation of critical infrastructure.  The CDC is now advising that critical infrastructure employees who have been exposed to the virus can continue to work, provided they remain asymptomatic.  In order to permit exposed employees to continue to work, the CDC advises that employers should, among other things, adhere to the following practices prior to and during work:

  1. measuring temperature before employees enter the facility;
  2. regular monitoring of asymptomatic employees;
  3. having affected employees wearing a mask/face covering in the workplace for 14 days after exposure (employer-issued or employee-supplied);
  4. having employees maintain social distancing (six feet apart), as work duties permit; and
  5. routinely disinfecting work spaces.

Who is Critical?

As noted above, the new guidance does not apply to all employers that continue to operate through the pandemic.  The CDC has highlighted that the new guidance applies to the following critical infrastructure sector personnel:

  • Federal, state, and local law enforcement;
  • 911 call center employees;
  • Fusion center employees;
  • Hazardous material responders from government and the private sector;
  • Janitorial and other custodial staff; and
  • Workers – including contracted vendors – in food and agriculture, critical manufacturing, information technology, transportation, energy and government facilities.

This list is not exhaustive, however, and leaves much open for interpretation.  In an effort to provide further clarity, the CDC directs employers to the U.S. Department of Homeland Security’s Critical Infrastructure Security Agency (CISA) website for further guidance on sectors and employees that are considered critical.

Interplay with Shelter in Place Orders

In connection with their shelter in place orders, many states and localities have adopted the CISA’s guidelines.  Therefore, employers should pay close attention to whether the type of work they perform falls within a CISA critical infrastructure sector and, similarly, whether the employees who continue to report to work are, in fact, essential. Employers subject to a stay at home order that does not rely on the CISA framework should be careful to evaluate the nature of their operations under the particular order at issue.

Next Steps

The CDC’s new guidelines can help critical infrastructure employers as they continue to navigate the most appropriate ways to maintain operations during this difficult time.  So long as critical employers implement the above-noted recommendations, essential workers who have been exposed, or potentially exposed, may continue working if those workers are not sick.  At the end of the day, however, critical infrastructure employers may choose to follow more conservative protocols with their workforce.

Flash Report: Cal/OSHA Receiving Thousands of COVID Complaints

Published on: April 17, 2020 Cal/OSHA Reporter

Cal Osha

Cal/OSHA’s Division of Occupational Safety and Health has received up to 1,500 complaints about employers alleged failing to provide proper protection during the COVID-19 crisis, according to DOSH Deputy Chief Eric Berg.

The revelation came as stakeholders and Standards Board members pressed Berg, the deputy chief for health, for clarification on Division guidance on personal protective equipment during the virus crisis. The exchange came at the April 16 board meeting, held by teleconference.

Jessica Early, a representative of the National Union of Healthcare Workers expressed concern that DOSH’s interim guidance on PPE for healthcare workers “have undercut respiratory protections.” Taylor Jackson, a lobbyist for the California Nurses Association, asserted that hospitals are “locking up and rationing” respirator supplies.

In response, Berg said the interim guidelines, which align with federal Centers for Disease Control and supercede previous Cal/OSHA guidance on respirators, were only published “because of the extreme shortage that we’re experiencing,” Berg said. “Droplet protections [in healthcare settings] are not sufficient to protect employees,” he added. “Respirators have to be used unless it’s not possible to get fitted respirators due to supply constraints.”

Asked by board occupational safety representative Laura Stock whether DOSH is investigating allegations of respirator stockpiling, Berg affirmed that the Division is doing so. “When we get a complaint or otherwise investigate employers for failing to provide respirators as required,” he said. “We would investigate how many respirators they have coming in, their burn rate and what their stock is.”

Berg’s comment about the crush of complaints came in response to a question from Barbara Bergel, the board’s occupational health representative. She wanted to know whether DOSH has investigated complaints related to non-healthcare workers in hospital settings performing deep cleaning. “We’ve had over a thousand complaints, up to 1,500,” Berg replied. “I’m not aware of all of them.”

To put that number in perspective, for the first quarter of 2019, DOSH investigated 488 complaints.

Berg also emphasized that employers covered by the aerosol transmissible diseases standard (General Industry Safety Orders §5199), such as healthcare, have responsibilities under the standard even if they face a respirator shortage. “If they’re low on respirators and they have to switch to non-respirator protections in that circumstance, that is a change in their ATD program. They are required to communicate these issues with employees and their bargaining representatives” and train them, he explained.

Essential and still open industries are required to identify and address COVID hazards through their Injury and Illness Prevention Program. “Given the widespread nature of COVID, it is a hazard in all workplaces that have some sort of contact with people,” he said. “Once they identify that hazard, that requires them to take appropriate action.” That means following Cal/OSHA guidelines “unless there’s something specific that makes it not possible.”

The Division has developed COVID guidelines for general industry, as well as for several specific industries.

Guide to Safety/Health Requirements During COVID-19 Outbreak

13 Apr

Outbreak

Apr 7 2020 – COVID-19 (Coronavirus), Health and Safety – HRWatchdog

Cal/OSHA has compiled and posted extensive guidance recommendations and requirements from many sources to assist the employer during this time.

As an employer, where can I find safety and health information about the coronavirus (COVID-19) outbreak that is affecting my ability to do business?

The state Division of Occupational Safety and Health (DOSH), commonly known as Cal/OSHA, has developed a website compiling relevant information explaining an employer’s methods and responsibilities for maintaining a safe and healthful workplace during the COVID-19 pandemic.

Since our introduction to COVID-19 in early January, the public has been increasingly inundated by various prognosticators as to what is happening and the best way to survive in the environment where we now find ourselves.

Fortunately, even when it appears that chaos is the norm, there are individuals and groups who are practical, logical and patient enough to research and develop interim solutions to mitigate to the best extent humanly possible with existing information the situation that is occurring.

Extensive Guidance

Cal/OSHA has compiled and posted extensive guidance recommendations and requirements from many sources to assist the employer during this time.

To access the guidance on requirements to protect workers from coronavirus, start at the Department of Industrial Relations website, and click on the bold banner declaring “Cal/OSHA Safety Guidance on Coronavirus.” This opens to a webpage containing a table of contents of websites for various areas that may or may not be applicable to your particular situation.

There are two references to “General Industry.” The first, Cal/OSHA Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19), is the reader’s digest version. It details the employers covered and not covered by the Aerosol Transmissible Diseases Standard and reminds webpage visitors of other Cal/OSHA regulations — such as the Injury and Illness Prevention Program (IIPP) — that apply to all employers.

The second reference is a link to download and print a PDF brochure providing some of the information covered on the webpage.

On the “Cal/OSHA Interim Guidelines” webpage is a link to the Centers for Disease Control and Prevention (CDC), which offers considerably more detailed recommendations on its Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019.

Both the Cal/OSHA and CDC interim guideline pages contain website references that should be reviewed for information that may be relevant to your industry.

Note that the interim guidelines are subject to change.

Also, the Cal/OSHA webpage includes a link to the daily update page for the California Department of Public Health.

Model Policies and Forms for the New Emergency Paid Sick and Paid FMLA Leave? Here are the Details

FMLA

By Jeff Nowak on April 9, 2020  Littler Law Firm

Under the Families First Coronavirus Act (FFCRA), employers with fewer than 500 employees are required to provide paid sick leave (EPSL) and paid FMLA leave (FMLA+) for certain reasons related to the Coronavirus pandemic. The law went into effect April 1 and its obligations continue through December 31, 2020.

Employers need policies and forms to comply with this new law.

We now have these policies and forms ready for you.

Why Do You Need a New Policy and Forms to Comply with this New Law?

This new law is fraught with compliance issues for employers.  Take, for instance, these risky scenarios for employers that do not document an employee’s leave request:

  • Your employee, Johnny, does not have symptoms of COVID-19 but insists that he needs to take off work to avoid any exposure. Is he eligible to take EPSL? If you and Johnny later dispute the reason for his need for leave, do you have a leave request form from Johnny to back up your story? Nope.
  • One of your employees, Betty, sought FMLA+ for a COVID-19 related reason, but a dispute later arises over whether you improperly denied her intermittent leave to care for her child whose school was closed. You recall that she requested continuous leave, but you have nothing in writing confirming that fact.
  • You require your employee, Gnarls, to exhaust his employer-provided PTO at the same time he is taking EPSL. After the fact, he claims that he did not give you approval to burn his accrued paid leave at the same time he was taking EPSL .  You recall him telling you to apply his accrued leave, but you have nothing in writing to confirm. Is this a violation of the law?

This hastily-drafted law is a mess, and it undoubtedly will create liability for employers that fail to document the employee’s request for EPSL or FMLA+.  Employer compliance is made even more difficult because the Department of Labor has made clear that it will not be publishing model policy language or model forms for employers to use for EPSL or FMLA+.

This creates significant compliance risks.

Employers undoubtedly want to make their employees aware not only of their leave entitlement under this new law, but also the expectations for requesting and taking EPSL or FMLA+. Additionally, it also is critical that employers obtain in writing their employees’ request for leave, including whether they are requesting intermittent leave (and why), whether they want other forms of paid leave to run instead of or concurrently with EPSL and FMLA+, among other important issues.

Wage and Hour Considerations for Remote Workers

Apr 10 2020 – COVID-19 (Coronavirus), Exempt/Nonexempt – Bianca Saad

Wage

Pet co-workers have fewer wage and hour obligations.

How do an employer’s pay obligations differ when an hourly/nonexempt employee is working remotely from home?

It’s important to keep in mind that when having a nonexempt employee work remotely, your obligations under California’s wage and hour laws remain the same, and you need to ensure you have measures in place to maintain accurate records of the employees’ hours worked.

In addition to accurately tracking all hours worked by your nonexempt remote employees, it’s critical to ensure they take required meal and rest breaks, get paid for any overtime hours and are not engaging in “off-the-clock” work (there is no such thing in California).

Establishing a remote work/telecommuting policy is a great way to communicate your expectations to your remote employees, particularly when it comes to keeping an accurate record of their hours worked, including overtime, as well as taking their appropriate meal and rest breaks.

In addition to having a telecommuting policy, you may choose to have your remote employees sign a telecommuting agreement, acknowledging their work schedule and other parameters within the telecommuting policy itself, such as whether they need approval to work overtime.

Accurate Timekeeping

Many employers already use some type of software that allows them to accurately record hours worked by an employee, and this should be no different for an employee working remotely.

By making sure your remote employees have access to your software or timekeeping system on their remote devices, you can accurately track and monitor your remote employees’ daily and weekly hours worked.

Meal and Rest Breaks

In California, nonexempt employees’ uninterrupted meal break of at least 30 minutes must begin no later than 4 hours and 59 minutes into their shift. Additionally, a nonexempt employee whose total daily work time is at least 3.5 hours must be permitted a rest break of at least 10 “net” minutes for every four hours worked, or “major fraction thereof.”

Because remote employees aren’t supervised in the same way that an on-site employee is, there can be some added challenges to monitoring breaks; however, having a clearly written meal and rest break policy can help combat those challenges.

In addition to your standard meal and rest break policy, your telecommuting policy can reiterate that employees are expected to take their uninterrupted, off-duty meal and rest breaks.

Overtime

In addition to ensuring that your remote employees take their meal and rest breaks, you also need to track and pay for any overtime hours worked.

As a reminder, California law requires all overtime hours to be paid (1.5 times the employee’s regular rate of pay for all hours worked beyond 8 hours in a workday or 40 hours in a work week), even if that time was not approved.

Having a clearly written telecommuting policy and agreement in place can help you to manage your remote employees’ work schedules and expectations regarding overtime.

Business Expenses Reimbursements

Employers must reimburse employees (whether nonexempt or exempt) for all “necessary expenditures or losses incurred” in the performance of their job duties (Labor Code Section 2802). This could include an employee’s personal cell phone, computer equipment and other services and/or supplies required for a remote employee to work.

When looking at whether an employee is entitled to reimbursement, the question will be whether it is “necessarily incurred.”

A clearly written telecommuting policy can help establish guidelines surrounding which expenses are reimbursable, as well as provide a method for employees to submit for reimbursement. Another approach might be to provide all necessary equipment for a remote worker, such as computers/laptops, printers and a phone — which could eliminate or reduce an employee’s need to use personal devices.

Bianca Saad, Employment Law Subject Matter Expert, CalChamber