Monday 30 November 2020

North Carolina COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

November 30, 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.

On November 23, 2020, North Carolina Governor Cooper signed Executive Order 180, strengthening the state’s face covering requirement. Face coverings are now required indoors regardless of social distancing.

Face Coverings must continue to be worn outdoors if it is not possible to consistently social distance by more than six (6) feet from others.

The Order took effect on November 25, 2020.

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

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

New York COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

November 30, 2020

Effective November 27, 2020, New York State’s COVID-19 Emergency Regulations require employees who work in food service establishments to wear a face-covering at all times at their place of work.

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

Read full post at: https://clearlawinstitute.com/blog/new-york-covid-19-safe-workplace-training-update-2/

Wednesday 25 November 2020

Connecticut Extends Sexual Harassment Training Deadline

Sexual Harassment Prevention training Update

Connecticut Extends Deadline for Sexual Harassment Training

Sexual Harassment Training Deadline: February 9, 2021

On June 18, 2019, Connecticut enacted the Time’s Up Act, expanding sexual harassment training requirements for employers with employees working in Connecticut. Employers must now provide two hours of sexual harassment training to all employees in Connecticut.

The statute originally required employers to train all employees hired before October 1, 2019 by no later than October 1, 2020. That deadline has been extended several times due to the COVID-19 pandemic. On November 9, the deadline was further extended to February 9, 2021:

“Pursuant to Executive Order 7DDD, as amended by Executive Order 9L, the Oct. 1st Sexual Harassment Prevention Training deadline has been extended to February 9, 2021 due to the Covid-19 Pandemic. This is a blanket extension and does not require a request to be made.”

As such, all employees hired before October 1, 2019, must be trained by February 9, 2021. Employees hired after October 1, 2019, must be trained within six months of hire

Learn More

To learn more about your obligations for sexual harassment training in Connecticut, please contact us.

The post Connecticut Extends Sexual Harassment Training Deadline appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/connecticut-extends-sexual-harassment-training-deadline/

California Employers With Minor Employees Must Provide Child Abuse and Neglect Reporting Training

Workplace training Update

California Employers with Minor Employees Must Provide Child Abuse and Neglect Reporting Training

California employers must now train certain HR professionals and employees who supervise minor employees and who are obligated to report suspected child abuse and neglect to law enforcement authorities.

California enacted AB 1963 in September 2020, amending the state’s Child Abuse and Neglect Reporting Act. The Act imposes a duty to report suspected child abuse to law enforcement on various adult professionals defined as “mandated reporters.” More specifically, a mandated reporter who observes or knows of a child whom the person knows or reasonably suspects is a victim of child abuse or neglect must report the incident to a law enforcement agency designated to receive such reports. Failure to report may result in a misdemeanor conviction punishable by up to six months’ confinement and/or up to $1,00 in fines. The Act has been amended multiple times in the three decades since its passage.

AB 1963 imposes new reporting obligations on certain employees and new training obligations on organizations with five or more employees who employ minors, as summarized below.

Supervisor and HR Employee Reporting Obligations

The 2020 amendment expands the definition of mandated reporter of child abuse or neglect to include any human resource employee designated by the employer to accept discrimination or harassment complaints.

Additionally, any employee who supervises and has direct contact with minor employees is a mandated reporter of sexual abuse. Although the amendment limits the supervisor’s reporting obligation to sexual abuse, the law does not “modify or limit the duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.”

Employer Training Obligations

AB 1963 requires employers to provide covered HR and supervisory employees training in child abuse and neglect identification and reporting. Employers can meet this obligation by requiring covered employees to complete the general online training for mandated reporters provided by the California Office of Child Abuse Prevention.

Learn More

To learn more about your obligations for this training and other types of sexual harassment training in California, please contact us.

The post California Employers With Minor Employees Must Provide Child Abuse and Neglect Reporting Training appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/california-employers-with-minor-employees-must-provide-child-abuse-and-neglect-reporting-training/

Tuesday 24 November 2020

Cal/OSHA Adopts COVID-19 Emergency Temporary Standards

COVID-19 Safe Workplace training Update

Cal/OSHA Adopts COVID-19
Emergency Temporary Standard

On November 19, 2020, the California Department of Industrial Relations (DIR), Occupational Safety and Health Standards Board adopted Emergency Temporary Standards to protect employees from COVID-19 workplace hazards. Along with other workplace safety measures, the Temporary Standards require employers to “provide effective training and instruction to employees” on specified topics relating to COVID-19.

On the same day, DIR filed the Temporary Standards with the Office of Administrative Law, which has ten (10) calendar days to approve them. Once approved, they become effective immediately. DIR expects the Temporary Standards to take effect by the end of November.

Cal/OSHA guidance currently instructs employers to address any COVID-19 workplace hazards in their Injury and Illness Prevention Programs. The new Temporary Standards, however, impose additional workplace safety protocols beyond that required in the Cal/OSHA guidance. As a result, employers will need to implement these new safety mandates even if they previously incorporated preventative measures in their Injury and Illness Prevention Program.

Other states have similarly adopted emergency temporary standards to address COVID-19 in the workplace, such as Michigan, Oregon, and Virginia.

Application of Temporary Standards

The Temporary Standards apply to nearly all California employees who are not already covered by Cal/OSHA’s Aerosol Transmissible Diseases Standard (generally applicable to healthcare facilities).

As a result, the Temporary Standards apply to “all employees and places of employment” except (1) places of employment with one employee who does not have contact with other person or (2) employees working from home.

COVID-19 Prevention Plan

The Temporary Standards require employers to have an “effective” written COVID-19 Prevention Plan, which must be accessible to employees. The Plan may be integrated into the employer’s Injury and Illness Program.

The following summarizes the COVID-19 Prevention Plan required elements:

Communication System. A system for communicating information to employees about COVID-19 prevention procedures, testing, symptoms, illnesses, workplace accommodations, and how employees should report COVID-19 symptoms, diagnosis, or exposure, and possible COVID-19 workplace hazards without fear of retaliation.
Workplace Hazard Assessment. Workplace hazard assessment, including identifying and evaluating workplace conditions and practices that could result in potential exposure.
Correction of COVID-19 Hazards. Correct any identified COVID-19 workplace hazards in a timely manner, depending on the severity of the hazard.
Employee Training. Provide “effective training and instruction” to employees on specifically identified topics, including the employer’s COVID-19 policies and procedures, COVID-19 transmission and symptoms, face coverings, physical distancing, handwashing and hand sanitizer, and COVID-19 related benefits.
Health Screening. A process for screening employees for COVID-19 symptoms, including employee self-evaluation of COVID-19 symptoms before reporting to work. If the employer conducts screening at the workplace, the employer must ensure the use of non-contact thermometers and face coverings by both screeners and employees.
Physical Distancing. Procedures to ensure employees maintain physical distancing of at least six (6) feet from others except when not possible.
Face Coverings. Providing and requiring employees to wear face coverings, with certain exceptions.
Personal Protective Equipment (PPE). Evaluate the need for PPE to prevent COVID-19 exposure, including gloves, goggles, face shields, and respiratory equipment.
Investigation. Investigating and responding to COVID-19 cases in the workplace, including procedures for investigation, verifying case status, test result, symptom onset information, identifying and recording COVID-19 cases, and providing notice of exposure.
Reporting. Report information about workplace COVID-19 cases as required by law, including reporting to local health departments and Cal/OSHA.
Recordkeeping. Maintain records of the steps taken to implement the COVID-19 Prevention Plan and record and track COVID-19 cases in the workplace.
Removal of COVID-19 Cases. Removal of COVID-19 positive or exposed employees from the workplace with pay and benefit protection measures until return-to-work criteria have been met.

The Temporary Standards also outline how employers should address multiple COVID-19 infections and outbreaks and COVID-19 prevention in employer-provided housing and transportation.

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.

The post Cal/OSHA Adopts COVID-19 Emergency Temporary Standards appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/cal-osha-adopts-covid-emergency-temporary-standards/

Monday 23 November 2020

States Provide COVID-19 Liability Protection for Compliant Employers

COVID-19 Safe Workplace training Update

States Provide COVID-19 Liability Protection for Compliant Employers

Many states have either enacted or are considering legislation to shield employers from liability for COVID-19-related lawsuits. Although, many of these laws only apply if the employer can show it acted in good faith in accordance with federal, state, and local guidelines.

For example, in Iowa, an employer’s good faith effort to comply with public health guidance acts as a defense to COVID-19 liability. However, in other states, such as Mississippi, a failure to substantially comply with public health guidance can prevent application of the COVID-19 liability shield.

Recently Enacted Michigan Laws

More recently, two new Michigan laws were enacted to provide organizations with immunity from COVID-19 lawsuits, but only if the organization complies with COVID-19 employee training requirements and adheres to all other workplace safety rules.

MIOSHA’s Emergency Rules explicitly mandate 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 essential to take advantage of the liability protection for MIOSHA claims occurring after March 1, 2020.

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.

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

COVID-19 Workplace Training

In short, employers can take advantage of MIOSHA and tort claim immunity if the company provides compliant COVID-19 employee training and adheres to other workplace safety rules applicable at the time. Limiting workplace exposure to COVID-19 can also help abate potential workers’ compensation claims.

Why Clear Law Institute?

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

The post States Provide COVID-19 Liability Protection for Compliant Employers appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/states-provide-covid-liability-protection-for-compliant-employers/

California COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

November 23, 2020

On November 16, 2020, the California Department of Public Health updated its Guidance for the Use of Face Coverings. The updated guidance now mandates that all individuals wear face coverings at all times when outside their home, with certain exceptions.

On November 17, 2020, the California Department of Health issued Guidance on Face Shields, which, among other things, clarifies that wearing a face shield alone is not a substitute for a face covering.

On November 19, 2020, the Cal/OSHA Standards Board adopted COVID-19 Prevention Temporary Standards. The Temporary Standards now proceed to the Office of Administrative Law, which has 10 calendar days to review and approve them. The Temporary Standards will be in effect immediately if approved by the Office of Administrative Law in the next 10 calendar days.

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-6/