HR Alerts - Plan/Prevent/Protect - Taking Charge of Bullies in the Workplace - The New OSHA initiative

• Beginning September 30, 2010 for federal employees, and January 1, 2011 for all other workers, the U.S. Treasury Department will no longer issue paper savings bonds through employer-sponsored payroll savings plans.
• Effective August 12, 2010, the Occupational Safety & Health Administration (OSHA) published a notice asking for comment on its intention to survey more than 14,000 private-sector employers as part of its effort to collect information on injury and illness prevention programs and proceed with prevention program rulemaking.
• Effective June 23, 2010, the U.S. Department of Labor (DOL) expanded Family and Medical Leave Act (FMLA) rights to homosexual couples and requiring most hospitals to allow homosexuals to visit their partners.
• Effective July 19, 2010, the Federal Register published interim final regulations from the U.S. Departments of Health and Human Services (HHS), Labor, and the Treasury requiring new health plans beginning on or after September 23, 2010, to cover certain evidence-based preventive care without cost sharing. In other words, plans cannot charge patients copayments, coinsurance, or deductibles for such services (if a network provider supplies the services).

Plan, Prevent, Protect – Sooner Better than Later

In its Spring 2010 Regulatory Agenda, the U.S. Department of Labor (DOL) had issued a new regulatory and enforcement strategy for all businesses referred to as "Plan/Prevent/Protect."

While the specifics of the program are still being defined, the new program involves the following:

Plan: The DOL will propose a requirement that employers create a plan for identifying and remedying risks of legal violations and other risks to workers. The employer would provide their employees with opportunities to participate in the creation of the plans. In addition, the plans would be made available to workers so they can fully understand and help monitor their implementation.

Prevent: The DOL will propose a requirement that employers thoroughly and completely implement the plan in a manner that prevents legal violations. The plan cannot be a simple paper process: the employer cannot draft a plan and then ignore it. The plan must be fully implemented for the employer to comply with the "Plan/Prevent/Protect" compliance strategy.

Protect: The DOL will propose a requirement that employers ensure that the plan's objectives are met on a regularly. Not any plan willdo. The plan must actually protect workers from violations of their workplace rights.

While the DOL continues to work on the specific details of what an employer's compliance initiative should look, employers should at least to consider starting to develop and establish an HR compliance action plan.

Question & Answer

Taking Charge of Bullies in the Workplace

Q. What protection do employees have against “bullies” in the workplace? What is management’s responsibility in this situation?

A. As of current, there is not specific legal protection for employees that are victims of workplace bullying. The only laws addressing workplace abuse and discrimination are the laws that protect members of protected classes (i.e. the Civil Rights Act, Americans with Disabilities Act and Age Discrimination in Employment Act).

A manager should be trained to look for tell-tale signs of bullying behavior. This begins as early as looking for clues related to a person's behavior during the interviewing stage. Once the signs are known, a manager should also be trained to address the issue early on and let the employee know that such behavior will not be tolerated. If the unwarranted behavior continues, managers should know the company's stance and be willing to enforce it with a verbal or written warning, etc.

If your organization hasn't done so already, it may consider creating a policy (anti-bullying) to discourage such abusive behavior. Such a policy should include the following:

• A statement relating to the corporate culture and respecting others, including examples of behavior that will not be tolerated;
• A complaint and resolution process should be outlined; and
• The action and outcome steps which may include terminating an employee whose behavior does not respect other individuals in the workplace should be spelled out.

The New OSHA initiative

According to the Department of Labor (DOL), a new initiative was launched to ensure employers are in compliance with certain safety and health regulations prior to an audit or penalty. The Occupational Safety and Health Administration (OSHA) and other offices such as the Wage and Hour division (WHD) are part of this DOL Plan / Prevent / Protect initiative. The goal is to make sure businesses can show efforts they have undertaken to help prevent mishaps in the workplace. This initiative encompasses Injury and Illness Prevention Programs and Record Keeping and Reporting Systems.

The Injury and Illness Prevention Program (I2P2): There would be a plan where it identifies risks of legal and workplace violations. The plan would help to prevent legal violations using various measures and the plan would protect businesses using objectives and goals that are met on a regular basis. In addition, management would help to establish policies, set goals, plan and allocate resources, and communicate roles and responsibilities. The initiative would also increase or address the following: employee participation, hazard identification and assessment, hazard prevention and control, education and training, and program evaluation and improvements. Developing the plan would be unique to the business industry an employer is part of.

The Record Keeping and Reporting Systems: There would be an electronic version of OSHA-mandated recordkeeping. The “paper copy only” recording format is often time consuming because it is not easily accessible through files and may delay injury follow-up. In addition, there would be inspections conducted to determine if workers have been given OSHA mandated training and education. The WHD will issue a Notice of Proposed Rulemaking (NPRM), changing the recordkeeping requirements under the FLSA. The WHD recordkeeping NPRM notice is to be released August 2010.

All in all, the significance of the I2P2 is crucial because it compels small employers to implement a self-monitoring plan to stay in compliance with employment laws. Small employers unfamiliar with developing prevention strategies for workplace injuries may need to strongly consider seeking assistance from HR Professionals.