Friday, 28 August 2020

States Penalize Employers for Not Providing Compliant Covid-19 Safe Workplace Training

States Penalize Employers for Not Providing Compliant Covid-19 Safe Workplace Training

Several states have started conducting workplace investigations and issuing citations to businesses that have allegedly failed to follow state agency guidelines on safe workplace practices amid the Covid-19 pandemic. In fact, some businesses have been issued citations because they either did not provide employees with the required workplace safety training or, if the training was provided, it did not include all the prescribed elements.

The Michigan Occupational Safety and Health Administration (MIOSH) recently issued citations to businesses for not providing a safe and healthy workplace, amounting to tens of thousands of dollars in penalties. 

Following several workplace inspections, the agency cited six businesses with serious violations under the Michigan Occupational Safety and Health Act. MIOSHA found that these businesses had not followed the state’s required safe workplace guidelines and therefore did not take the necessary precautions to protect employees from Covid-19. The violations included a range of deficiencies, including not implementing the required workplace mitigation practices, such as health screenings, face coverings, and cleaning measures, and failing to provide employees with mandatory workplace safety training. 

Although MIOSHA found that some of the businesses did provide training, they were nevertheless issued a citation for not providing all the required elements of the mandatory workplace safety training. For example, one business was cited for failing to train employees on “the recognition of symptoms of Covid-19” and for “not keeping a record that training was completed.” Other businesses were issued citations for not providing training that covered “workplace infection-control practices” and “social distancing practices and the use of face coverings.”

The Rhode Island Department of Business Regulations, Covid-19 Task Force, has also begun conducting investigations and issuing compliance orders to businesses for not following the state’s safe workplace regulations. Likewise, Virginia is planning to hire nearly 100 employees to respond to almost 23,ooo complaints about businesses not complying with recently enacted Covid-19 regulations. California OSHA has similarly received approximately 5,000 complaints, conducted 538 inspections, and told 71 businesses to prepare for a citation. 

These recent enforcement activities highlight the importance of providing Covid-19 workplace safety training that is fully compliant with the various state training mandates. 

Clear Law Institute’s Training

Clear Law Institute has created an interactive, self-paced online training that complies with all state training requirements, in addition to the OSHA and CDC guidelines that apply nationwide. Clear Law Institute’s COVID-19 Safe Workplace Training is fully narrated and includes numerous interactive animations, video demonstrations, and exercises.

Clear Law Institute provides online compliance training for more than 1 million employees of more than 1,000 employers. Clear Law handles the roll out of the training to your employees, supports tech issues, and tracks course completions.

Click here to learn more and receive a FREE Trial of this COVID-19 training.

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Monday, 17 August 2020

Virginia Mandates Covid-19 Training for Employees in Certain Workplaces

Virginia Mandates Covid-19 Training for Employees in Certain Workplaces

Virginia employers must provide Covid-19 safety training to all employees by August 26, 2020, if any job hazard or task in the workplace is classified other than “lower risk” of exposure to the coronavirus. 

The Emergency Temporary Standard, 16 VAC 25-220, adopted by Virginia and effective July 27, 2020, requires all employers to assess and classify job hazards and tasks based on “exposure risk level” and to implement certain workplace safety practices, including training, based on the risk level. Job hazards and tasks must be classified by the employer as “very high risk,” “high risk,” “medium risk,” or “lower risk” of potential exposure to the coronavirus.

All “lower risk” places of employment must provide employees with basic written or oral information on Covid-19 hazards and measures to minimize exposure. Providing the training required for job hazards or tasks otherwise classified as higher risk also meets this requirement. 

Employers must also maintain certification for each employee trained, including the name of the employee trained, his/her physical or electronic signature, and the name of the person or company that provided the training.

Retraining is required when the employer has reason to believe that any affected employee who has already been trained does not have the necessary understanding and skill required, such as changes in the workplace or job tasks performed, changes to the employer’s Infectious Disease and Preparedness Plan (as discussed below), or inadequacies in an affected employee’s knowledge or use of workplace control measures indicate the employee has not retained the requisite understanding or skill.

The mandatory job hazards and task classifications and other requirements of the standard are discussed below.

Job Tasks Exposure Assessment

The new standard requires employers to conduct workplace assessments for hazards or job tasks that could potentially expose employees to the coronavirus. Employers must classify each job task as very high risk, high risk, medium risk, or lower risk of exposure. 

Factors to be considered in determining exposure risk level include, but are not limited to:

  • the job tasks being undertaken;
  • whether the work environment is indoors or outdoors;
  • the known or suspected presence of the coronavirus;
  • the presence of a person known or suspected to be infected with the coronavirus;
  • the number of employees and other persons present in relation to the size of the work area;
  • the working distance between employees and other employees or persons;
  • the duration and frequency of employee exposure through contact inside of six (6) feet with other employees or persons, including shift works exceeding eight (8) hours per day; and
  • the type of hazards encountered, including:
    • potential exposure to the airborne transmission of coronavirus; 
    • contact with contaminated surfaces or objects, such as tools, workstations, or breakroom tables, and shared spaces such as shared workstations, break rooms, locker rooms, and entrances and exits to the facility; 
    • shared work vehicles; and 
    • industries or places of employment where employer-sponsored shared transportation is a common practice, such as ride-share vans or shuttle vehicles, car-pools, and public transportation.

Job Classifications

Very high risk hazards or job tasks are those in places of employment with high potential for employee exposure to known or suspected sources of the coronavirus (e.g.,  laboratory samples) or persons known or suspected to be infected with the coronavirus, including during specific medical, postmortem, or laboratory procedures.

High risk hazards or job tasks are those in places of employment with high

potential for employee exposure inside six (6) feet with known or suspected sources of Covid-19, or with persons known or suspected to be infected with the coronavirus that are not otherwise classified as very high exposure risk, such as healthcare delivery and support services, wellness services, non-medical support services, first responder services, medical transport services, medical transport services, or mortuary services provided to a person with the coronavirus.

Medium risk hazards or job tasks are those not otherwise classified as very high or high exposure risk in places of employment that require more than minimal occupational contact inside six (6) feet with other employees, other persons, or the general public who may be infected with the coronavirus, but who are not known or suspected to be infected with the coronavirus. 

Lower risk hazards or job tasks are those not otherwise classified as very high, high, or medium exposure risk that do not require contact inside six (6) feet with persons known or suspected of being or who may be infected with the coronavirus. Employees in this category have minimal occupational contact with other employees, other persons, or the general public, such as in an office building setting; or are able to achieve minimal occupational contact through the implementation of engineering, administrative and work practice controls, including but not limited to installation of floor to ceiling physical barriers, telecommuting, staggered work shifts, remote delivery services, and physical distancing. 

Infectious Disease Preparedness and Response Plan

Additionally, an employer is required to develop an Infectious Disease Preparedness and Response Plan by September 25, 2020, when:

  • the employer has eleven (11) or more employees and jobs classified as medium risk; or
  • the employer has jobs classified as high or very high risk, regardless of the number of employees.

The content requirements for the Plan varies according to the type of job tasks classified in the workplace.

Mandatory Requirements for All Employers

The new standard also specifies certain requirements that all employers must take to protect employees from workplace exposure to the coronavirus, regardless of exposure risk levels, including the following:

  • physical distancing and face covering requirements;
  • sanitizing and disinfecting procedures and protocols;
  • controlled access to common areas, breakrooms, and lunchrooms in certain circumstances;
  • appropriate personal protective equipment (“PPE”) if employees are required to share a vehicle for work;
  • exposure and risk assessment and determination;
  • employee access to exposure and medical records; 
  • certain notice and posting requirements;
  • serological testing prohibitions; 
  • flexible sick leave policies, including Families First Coronavirus Response Act;
  • providing information to employees about self-monitoring for Covid-19 symptoms, the reporting procedures when they have Covid-19 symptoms, and when not to report to work until cleared for return consistent with the new standard; 
  • discussing with subcontractors the importance of staying home for persons who are known or suspected to be infected with the coronavirus; 
  • establishing a HIPAA-compliant system to receive reports of positive coronavirus tests by employees, subcontractors, contract employees, and temporary employees and notification requirements to employees and building owners consistent with the ADA and the Virginia Department of Health;
  • employee access to his/her own coronavirus and Covid-19 disease related exposure and medical records in accordance with the standards applicable to its industry;
  • development of policies and procedures for employees known or suspected to be infected with the coronavirus to return to work using either a symptom-based or test-based strategy, depending on the local healthcare and testing circumstances, and as outlined in the new standard; 
  • development of policies and procedures for asymptomatic employees known to be infected with the coronavirus to return to work using either a time-based or test-based strategy, depending on the local healthcare and testing circumstances, and as outlined in the new standard; and
  • other health and safety requirements based on job hazards and task classification in the workplace.

Non-Discrimination

An employer may not discharge or in any way discriminate against an employee because: 

  • the employee has exercised rights under the safety and health provisions for his/herself or others of the Virginia Labor Code (Title 40.1 of the Code of Virginia) and corresponding regulations (16VAC25-60-110);
  • the employees voluntarily provides and wears the employee’s own face covering or PPE, including but not limited to a respirator, face shield, or gloves, if such equipment is not provided by the employer, provided the PPE does not create a greater hazard to the employee or create a serious hazard for other employees;
  • the employee raises a reasonable concern about infection control related to the coronavirus or Covid-19 disease to the employer, the employer’s agent, other employees, a government agency, or to the public such as through print, online, social, or any other media; 
  • the employee refuses to work or enter a location that s/he feels is unsafe; or
  • the employee refuses to complete an assigned task because of reasonable fear of injury or death.

Expiration of Emergency Temporary Standard

The Emergency Temporary Standards remains in effect until: (1) six months of its effective date; (2) expiration of the Governor’s State of Emergency; (3) when superseded by a permanent standard; or (4) when repealed by the Virginia Safety and Health Codes Board.

Clear Law Institute’s Training

Clear Law Institute has created an interactive, self-paced online training that complies with this training requirement, and similar requirements in other states, in addition to the OSHA guidelines that apply nationwide. Clear Law Institute’s COVID-19 Safe Workplace Training is fully narrated and includes numerous interactive animations, video demonstrations, and exercises.

Clear Law Institute, which provides online compliance training for more than 1,000 employers, handles rolling out the training to your employees, tech support issues, and tracking course completions.

 Click here to learn more and receive a FREE Trial of this mandatory COVID-19 training.

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Read full post at: https://clearlawinstitute.com/blog/virginia-mandates-covid-19-return-to-work-training-2/

Thursday, 16 July 2020

Virginia Mandates Covid-19 Training for Employees in Certain Workplaces

Virginia Mandates Covid-19 Training for Employees in Certain Workplaces

On July 15, 2020, Virginia adopted statewide emergency temporary standards relating to workplace safety in response to Covid-19. The emergency temporary standard mandates workplace safety training, personal protective equipment, sanitation, social distancing, infectious disease preparedness and response plans, record keeping, and hazard communications in certain Virginia workplaces.

The emergency temporary standard is currently being finalized by the Virginia Department of Labor and Industries (DOLI). It will take effect upon publication in a Richmond, Virginia newspaper, which is anticipated the week of July 27, 2020.

DOLI is developing training and outreach products for the general public, which will include:

  • A COVID‐19 Training PowerPoint for Employees 
  • An Emergency Temporary Standard Training PowerPoint 
  • FAQs 
  • An Infectious Disease Preparedness and Response Plan Template 
  • A Training PowerPoint on how to develop an Infectious Disease Preparedness and Response Plan Template 
  • A flowchart for determining how to classify job tasks by hazards employees are potentially exposed to for “very high,” “high”, “medium,” and “lower” exposure risk levels

Covered employers will be given 60 days from the effective date of the emergency temporary standard to develop and train employees on Infectious Disease Preparedness and Response Plan. 

Within 30 days of the effective date of the emergency temporary standard, employers with hazards or job tasks classified at “very high” or “high” exposure risk at a place of employment must provide training to all employees working a the place of employment regardless of employee risk classification.

Clear Law Institute, which provides online compliance training for more than 1,000 employers, handles rolling out the training to your employees, tech support issues, and tracking course completions.

Click here to learn more and receive a FREE Trial of this mandatory COVID-19 training.

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Read full post at: https://clearlawinstitute.com/blog/virginia-mandates-covid-19-return-to-work-training/

Tuesday, 14 July 2020

COVID-19 Employee Safety Training Requirements White Paper

COVID-19 Employee Safety Training Requirements

Numerous Executive Orders, OSHA and state agency guidelines, and court cases have made it essential that employers provide all employees Covid-19 workplace safety training. 

OSHA and the CDC have advised all employers nationwide to provide Covid-19 safety training to their employees.  Indeed, more than a dozen states currently require Covid-19 training before or upon employees return to the workplace.  Each state requires that specific content be included in the training.

Employers who fail to provide coronavirus safety training may increase the risk of lawsuits from employees who contract Covid-19.  Indeed, there has been a sharp increase in lawsuits filed against employers relating to Covid-19, in addition to claims involving OSHA, Workers’ Compensation, personal injury, and other tort claims.  Employers that provide Covid-19 safe workplace training reduce the risk of exposure to such claims while also demonstrating concern for employee well-being.

In response to the Covid-19 pandemic, the following states now require businesses to implement employee workplace safety training:

In this white paper, Shannon Magill Farruk, a Legal Compliance Specialist with Clear Law Institute, outlines all of the employee safety training requirements by state.  In addition, she covers CDC and OSHA guidance.  Finally, court cases and employer liability are discussed.  

The post COVID-19 Employee Safety Training Requirements White Paper appeared first on Clear Law Institute.


Read full post at: https://clearlawinstitute.com/blog/covid-19-employee-safety-training-whitepaper/

Tuesday, 16 June 2020

U. S. Supreme Court Rules Sexual Orientation and Gender Identity Are Protected Under Title VII

U.S. Supreme Court Rules Sexual Orientation and Gender Identity Are Protected Under Title VII

On June 15, 2020, the U.S. Supreme Court held that the provision in Title VII protecting individuals in the workplace “because of  sex” includes discrimination based on sexual orgientation and gender identity. The Court issued this opinion on three consolidated cases Zarda v. Altitude Express, Inc., Bostock v. Clayton County, and EEOC v. R.G. &. G.R. Harris Funeral Homes, Inc.  

Specifically, the Court stated in its opinion that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” The Court further explained that “an employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.”  The Court therefore concluded that “sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” 

Clear Law Institute has already updated our online sexulal harassment training to include this new U.S. Supreme Court ruling.  Thousands of employers rely on Clear Law Institute to provide online sexual harassment training to their employees across the country because our training:

  • Complies with federal law and the laws in all 50 states
  • Provides users with the ability to ask questions and have those questions answered
  • Is kept up-to-date with any changes in the law at no additional charge
  • Utilizes cutting-edge instructional design principles and learning games
  • 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.

The post U. S. Supreme Court Rules Sexual Orientation and Gender Identity Are Protected Under Title VII appeared first on Clear Law Institute.


Read full post at: https://clearlawinstitute.com/blog/us-supreme-court-sexual-orientation-gender-identity-ruling/

Monday, 15 June 2020

Rhode Island Requires Employee Covid-19 Safety Training Upon Return to the Workplace

Rhode Island Requires Employee Covid-19 Safety Training Upon Return to the Workplace

Rhode Island recently entered Phase II of the state’s Reopening Plan. As part of this Plan, the Rhode Island Department of Health issued emergency rules, which require that “all employees shall be trained to follow the standards and requirements of these regulations and new employees shall be trained as they are hired.” Emergency Rule, RI 216-RICR-50-15-7.4.1 (g). The emergency regulations remain in effect until September 5, 2020, unless renewed for a period not to exceed 60 days.

As part of the reopening process, an employer must certify that its employees have an understanding of how to operate during Rhode Island’s phased reopening, including, but not limited to the following:  

  • Ensuring proper cleaning and decontamination of the workplace.
  • Providing instruction on how and when to properly wash hands in the workplace.
  • Reminding employees of the requirement to stay home if sick and inform them of sick-time policies.  
  • Discussing with and/or distributing information to employees about how the business or organization will address employee concerns. 

In addition, the state strongly encourages employers to develop a training plan to ensure employees are able to meet the safety guidelines in accordance with OSHA requirements. Rhode Island, Phase II General Business/Organization Guidelines

Clear Law Institute has created an interactive, self-paced online training that complies with this training requirement, and similar requirements in other states, in addition to the OSHA guidelines that apply nationwide. Clear Law Institute’s COVID-19 Safe Workplace Training is fully narrated and includes numerous interactive animations, video demonstrations, and exercises.

Clear Law Institute, which provides online compliance training for more than 1,000 employers, handles rolling out the training to your employees, tech support issues, and tracking course completions.

Click here to learn more and receive a FREE Trial of this mandatory COVID-19 training.

The post Rhode Island Requires Employee Covid-19 Safety Training Upon Return to the Workplace appeared first on Clear Law Institute.


Read full post at: https://clearlawinstitute.com/blog/rhode-island-mandates-covid-19-return-to-work-training/

Minnesota Requires Employee Covid-19 Safety Training Upon Return to the Workplace

Minnesota Requires Employee Covid-19 Safety Training Upon Return to the Workplace

The State of Minnesota recently issued Industry Guidance for Safely Reopening: General Industry Guidance (Guidance) as part of the Governor’s plan for reopening the state.

The Guidance states that “non-critical sector businesses and employers must develop and implement a COVID-19 Business Preparedness Plan that addresses the following components.” As part of the Plan development, the Guidance provides that “all workers and members of management must be trained regarding COVID-19 exposure, as well as applicable policies, procedures, practices, and protocols.”

The Guidance also provides that “businesses must ensure the necessary or required rules and practices are communicated to workers, and adequately enforce their provisions.”

In addition, the training must be paid for by the business, and provided in a manner and language that each employee can understand, as well as adjusted to reasonably accommodate all limiting factors present. 

The Guidance further directs a business to follow the OSHA’s Resource for

Development and Delivery of Training to Workers and Minnesota’s Small Assemblies for Testing and Training Guidance when facilitating training for employees while addressing Covid-19 implications.

Clear Law Institute has created an interactive, self-paced online training that complies with this training requirement, and similar requirements in other states, in addition to the OSHA guidelines that apply nationwide. Clear Law Institute’s COVID-19 Safe Workplace Training is fully narrated and includes numerous interactive animations, video demonstrations, and exercises.

Clear Law Institute, which provides online compliance training for more than 1,000 employers, handles rolling out the training to your employees, tech support issues, and tracking course completions.

Click here to learn more and receive a FREE Trial of this mandatory COVID-19 training.

The post Minnesota Requires Employee Covid-19 Safety Training Upon Return to the Workplace appeared first on Clear Law Institute.


Read full post at: https://clearlawinstitute.com/blog/minnesota-mandates-covid-19-return-to-work-training/