Friday 30 October 2020

New Michigan Laws Protect Compliant Businesses from COVID-19 Claims

COVID-19 Safe Workplace training Update

New Michigan Laws Protect Compliant Businesses from COVID-19 Claims

New Michigan laws protect businesses from certain COVID-19 claims to encourage compliance with workplace training and other safety guidelines. To evoke these liability protections in Michigan and other states, strict compliance with workplace safety rules, including state mandates for employee training, is imperative.

MIOSHA’s Emergency Rules explicitly require COVID-19 workplace training and specify the particular safety topics that must be covered in the training. These rules were issued in response to the recent Michigan Supreme Court decision nullifying Governor Whitmer’s COVID-19 executive orders. Employers who fail to provide COVID-19 workplace safety training will not only be in violation of the MIOSHA’s Emergency Rules but will also be unable to take advantage of these new liability shields.

Tort Liability Protection

HB 6030 insulates businesses from COVID-19 tort claims brought by a person who entered the business after March 1, 2020, if it can show that it “act[ed] in compliance with all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the conduct or risk that allegedly caused harm.”

The new law essentially adopts the workplace safeguards outlined in Governor’s Whitmer’s now nullified COVID-19 executive orders for any tort claims arising after March 1, 2020, to motivate employers to maintain continued compliance.

MIOSHA Liability Protection

HB 6031 shields employers from COVID-19 claims brought under Michigan’s Occupational Safety and Health State Plan if the employer complied with COVID-19-related “statutes, orders, and rules and regulations, executive orders, and agency orders.” Again, compliance with Governor’s Whitmer’s prior COVID-19 executive orders and MIOSHA’s Emergency Rules is required to take advantage of the liability protection for MIOSHA claims occurring after March 1, 2020.

Both laws became effective upon enactment on October 22, 2020.

The Impact on COVID-19 Employee Training

Under these new Michigan laws, employers can take advantage of MIOSHA and tort claim immunity if the company is compliant with COVID-19 employee training and other workplace safety rules applicable at the time.

Notably, both HB 6030 and HB 6031 state that an isolated, de minimis incident of non-compliance does not affect immunity as long as it is unrelated to the alleged injury or illness. However, neither new law defines what is considered de minimis for purposes of non-compliance.

In short, employers who provide compliant COVID-19 workplace training mitigate the risk of COVID-19 exposure to employees, customers, clients, and others. Additionally, the company will be able to take advantage of COVID-19 immunity laws in Michigan and other states, provided it has generally complied with all other applicable workplace safety rules. Limiting workplace exposure to COVID-19 can also help abate potential workers’ compensation claims.

Why Clear Law Institute?

Clear Law Institute’s online COVID-19 Safe Workplace Training complies with all state training mandates, CDC and OSHA guidelines, as well as industry best practices. The online training is self-paced, fully narrated, and includes numerous interactive animations, video demonstrations, and exercises to keep employees engaged.

Clear Law Institute provides online training to over 1,000 employers, handles training roll-out to employees, supports tech issues, and tracks course completions.

FREE TRIAL of Clear Law Institute’s Online COVID-19 Safe Workplace Training Available

The post New Michigan Laws Protect Compliant Businesses from COVID-19 Claims appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/new-michigan-laws-protect-businesses-from-covid-19-claims/

Thursday 29 October 2020

Washington Sexual Harassment Training

Exceeds training requirements in Washington and all other states

50-state compliant
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Updated as laws change
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Washington Sexual Harassment Training Required for Hotel, Retail, Security, and Property Services Employees Who Work Alone

In 2019, Washington State’s legislature passed legislation (SB5258) requiring hospitality employers to provide sexual harassment training to employees who work alone, such as housekeepers and maintenance workers.

All covered employers must meet the compliance deadline of this law by January 1, 2021.

To help companies comply with the new Washington sexual harassment training requirements, Clear Law Institute provides answers to Frequently Asked Questions (FAQs) below.

Which employers must train employees?

Every hotel, motel, retail, security guard entity, or property services contractor who employs one or more employees must provide the required training.

When must covered employers comply with the Washington sexual harassment training requirements?

Hotels and motels with sixty or more rooms were required to meet the training requirements by January 1, 2020. All other covered employers must meet the requirements of this section by January 1, 2021.

Who must be trained?

Covered employers must train

all managers and supervisors, and
all persons who are employed as a janitor, security guard, hotel or motel housekeeper, or room service attendant and
- who spend a majority of their working hours alone; or
- whose primary duties involve working without another coworker present.

What are the learning objectives of the training?

The training content must be designed to:

prevent sexual assault and sexual harassment in the workplace,
prevent sexual discrimination in the workplace, and
educate the employees about the prohibition against retaliation for reporting potential harassment.

Are there Other Policy Requirements, Resources, or Recordkeeping Requirements?

Yes, as outlined below:

Policy Requirement

All covered employers must adopt a sexual harassment prevention policy.

Resource List Requirement

All covered employers must provide employees with a list of assault and harassment prevention resources including, at a minimum, contact information for

the Equal Employment Opportunity Commission,
the Washington Human Rights Commission, and
local advocacy groups focused on preventing sexual harassment and sexual assault.

Panic Button Requirement

Covered employers must provide panic buttons – i.e., emergency contact devices – to all janitors, housekeepers, room service attendants, and security guards (other than licensed, contracted security guards) whose primary responsibility involves working without another coworker present or who spend a majority of their working time alone.

See Washington DOLI Publication F417-287-000 for additional information.

Recordkeeping Requirement

Additionally, property services contractors must maintain records and notify the Washington Department of Labor & Industry of the following information (via a form that DOLI will provide)

the date the employer adopted its sexual harassment prevention policy;
the number of managers, supervisors, and employees who have received the mandatory training; and
the physical address of the work location(s) at which janitorial services are provided by its workers and, for each location, the (a) total number of workers or contractors who perform janitorial services; and (b) total hours worked.

Why Clear Law?

More than 1,000 employers rely on Clear Law Institute to provide online sexual harassment training to their employees across the country because our training:

complies with all Washington and all other states’ laws,
is kept up-to-date with any changes in the law at no additional charge,
utilizes cutting-edge instructional design principles and learning games, and
efficiently tracks who has and who has not completed the training each year, as handled by Clear Law’s Learning Management System. This prevents employers from having to collect and track certificates manually.

Learn more and view a free course demo now.

About the Author

Michael Johnson, CEO of Clear Law Institute, is a former U.S. Department of Justice attorney who brought one of DOJ’s first “pattern or practice” sexual harassment cases. He has provided training and consulting on harassment prevention or investigations to organizations around the world, such as the EEOC, the United Nations, and Google. He is a graduate of Duke University and Harvard Law School. Read more about Michael here.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

The post Washington Sexual Harassment Training appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/sexual-harassment-training-washington/

Monday 26 October 2020

Federal COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Guidance Update

October 12, 2020

Clear Law Institute provides compliant and current Covid-19 Safe Workplace training. Our training complies with CDC and OSHA guidelines and the growing number of states mandating COVID-19 workplace safety training. Our Compliance Advisory Team regularly monitors federal and state authorities and updates the training, as needed.

CDC Updates

On October 21, 2020, the CDC updated its guidance on what constitutes close contact for purposes of COVID-19 exposure.

Previously, the CDC considered close contact to be when a person was within six (6) feet of an infectious individual for 15 consecutive minutes.

The updated guidance clarifies that individuals spending a total of 15 minutes of contact with an infectious person over the course of a 24-hour period is considered in close contact (e.g., three 5-minute exposures for a total of 15 minutes).

The post Federal COVID-19 Safe Workplace Training Update appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/federal-covid-19-safe-workplace-training-update-6/

California COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

October 26, 2020

On October 20, 2020, Cal/OSHA issued updated COVID-19 Industry Guidance for Retail to incorporate County Risk Levels.

The post California COVID-19 Safe Workplace Training Update appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/california-covid-19-safe-workplace-training-update-4/

Oregon COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

October 26, 2020

On October 18, 2020, the Oregon Department of Health issued updated Face Covering Guidance, expanding the state’s face covering requirements for public and private workplaces and indoor and outdoor spaces open to the public.

The post Oregon COVID-19 Safe Workplace Training Update appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/oregon-covid-19-safe-workplace-training-update-8/