OSHA Compliance Awareness – What a Drag!

The topic of compliance is huge.  As a business owner you are most likely overwhelmed by the regulations forced on you by local, state and federal labor laws.  As a HR professional it is my job to stay abreast of changes, deadlines and the impact thes regulations can have on your business.  When I talk about this stuff, most business business owners think  that they can overlook, by-pass, or just do the minimum required.  I regret to inform you, but this is not the case!

Fines are very sizable for violating the laws.  Perhaps you don’t think you will get caught.  You can stay just under the radar – think again.  Do you know that the size of your business and the industry matters? OSHA is not the only governing authority.  The Department of Labor also mandates compliance.    Everything from opening your doors to hiring an employee is regulated.  The method used to track attendance, the medium used to pay your employees, the classifications of employees.  I could go on and on. 

For the purposes of this blog, I thought I would begin by raising your awareness of a time sensitive requirement.  On February 1 your summary of OSHA Injury and Illness Log is due to be posted.   Have you finalized your OSHA 300 Form?  Have you prepared the OSHA form 300A? 

If you are an employer whose industry is subject to the OSHA record keeping requirements and you have had more than 10 employees at any time during the calendar year, then you MUST maintain the log.  The summary must be signed by a company executive and posted in a conspicuous location within the workplace from February 1 through April 30.

If you face other compliance issues or wonder if the State or Federal Government will fine you, then you should get some advice.  A labor attorney or HR Consultant work with these mandates and can keep you out of “hot water.”  As for the summary of OSHA Injury and Illness Log, you can find these forms on the OSHA website. If you need help completing them, let me hear from you.

Nancy (508) 769-2294

nancy@dubeconsulting.com

www.linkedin.com/in/nancyldube

www.facebook.com/dubeconsulting

 

 

Do You Feel Handcuffed When it Comes Time to Hire?

Congratulations! Your business has grown and it’s time to hire a new employee! You’re excited about filling a need in your business and giving someone an opportunity. It’s all good, right?

If you are like many, hiring the right employee is essential.  You know it is a very important task, but knowing what you “can and cannot” ask during an interview is scary.

The Department of Labor mandates laws which America’s workers, employers, job seekers, and retirees must follow.  Understanding and  navigating these laws as they apply to employment is complex.  The HR function is designed to implement an organization’s human resource requirements effectively, taking into account federal, state and local labor laws and regulations.  Ethical business practices and the ability to maximize employee motivation, commitment and productivity while complying with these laws is essential.

Navigating this process is yet another story. There are numerous state laws and regulations that  also apply. The old adage, “ignorance of the law is no excuse” applies here. The HR professional studies these laws and applies them to varying situations. Let me give you an example of what laws you must follow to hire an employee:

First off, the regulating body here is EEOC which stands for Equal Employment Opportunity Commission.  Under EEOC guidelines an employer cannot discriminate based on race, color, national origin, religion, sex, age, or disability.  The following laws all apply:

Title VII of the Civil Rights Act of 1964 (Title VII)

The Pregnancy Discrimination Act

The Equal Pay Act of 1963 (EPA)

The Age Discrimination in Employment Act of 1967 (ADEA)

Title I of the Americans with Disabilities Act of 1990 (ADA)

Sections 102 and 103 of the Civil Rights Act of 1991

Sections 501 and 505 of the Rehabilitation Act of 1973

The Genetic Information Nondiscrimination Act of 2008 (GINA)

This is just one simple task a business owner is faced with.  Imagine the magnitude of laws he/she must follow to run a business.  Daunting, huh? 

This is why you need to engage an HR professional.  The HR professional knows and understands what is required and will help you avoid paying large fines for non-compliance.  If you have questions or need help, let me hear from you.

Nancy   (508) 769-2294

nancy@dubeconsulting.com

www.linkedin.com/in/nancyldube

www.facebook.com/dubeconsulting

 

Writing an Employee Handbook: 5 Things you need to know

Hiring employees means creating rules for them to follow. How to write an employee handbook that can help you run a better company — and protect you in court.

When you’re launching a new business, writing an employee handbook probably isn’t the first thing about. But once you start hiring, and have enough employees to round out a company, you’ll start to realize that maybe you should actually put some rules down on paper. And then you remember the employee handbook you were given when you got your first job. You remember how you glanced at it, threw it in a drawer and never looked at it again. Except there’s one difference now — now, you’re the boss.

While an employee handbook is about as fun to write as it is to read, it can be one of your company’s most important documents. Where should you begin and what should you include? Here are five things you need to know.

A handbook can protect you in court

A business can be sued for countless reasons. You fire someone who doesn’t believe they deserve to be fired, and they lawyer up. An uncouth, discourteous employee makes a pass at another employee, who eventually takes you to court. In the United States, most civil rights laws apply to companies with 15 or more employees. Companies need to become aware of local, state and federal laws to ensure they are in compliance.

So a handbook is your chance to get everything in writing, to establish rules on virtually every topic you can come up with. Obviously, having everything in writing isn’t a guarantee you won’t land in court, but it can help demonstrate in court that you weren’t making up everything on the fly. And the justice system notwithstanding, writing up all these rules and thinking about how to handle each situation will probably help you run your business more efficiently. Can’t remember your own sick-day policy? Check the handbook.

Cover the gray areas

Like what, you ask? The Internet is here to stay, and it’s causing all kinds of new litigation. Make sure you develop policies that identity what is and isn’t acceptable. With the onset of social media and the Internet, where does work begin and personal life end? This is a new and growing issue.

Remember to consider the everyday workplace scenarios that still pose challenges, even if they are not legal issues. There is no law on the books that’s going to stop people from falling in love at work. Think about those gray areas that are open for interpretation. When is my vacation earned? Do I have to call in if I’m going to be out sick? What happens if I’m called on jury duty?

It’s only a guide

Some employees — and their bosses — misunderstand the nature of a handbook and treat it as a contract. But unless you want it to be, clarify at the outset that the handbook contains policies, and does not serve as a contract. Your opening pages might include a statement along the lines of this: The contents of this manual should not be considered a contract between the company and its employees. This is a summary of our policies, which are being offered here as a guide.

Why is this important? Well, consider the topic of employment-at-will. If you’re not familiar with the term, employment-at-will means you can fire an employee for basically any reason. There are some obvious exceptions like discrimination, of course. But if somebody is incompetent or the company budget calls for eliminating a position, as an employer, you probably want the freedom to let people go whenever you want. However, if your handbook lists specific reasons for termination, without the proper disclaimer up front, these could be interpreted as the only legal grounds for termination if the handbook is considered to be a contract.

Avoid endless lingo

The tone of the writing should match the company culture, but it should be professional. Even if the company is very lax and informal, it’s fine to have an informal tone, but you still want to make it professional and understandable. If most of your employees are high school graduates, you want to make sure you’re writing to the level that they will understand.  Consult an employment attorney.

In the beginning; if you’re just writing 10 bullet points on a sheet of paper as an early outline, this might not be necessary. But once your handbook is finished, and if it’s pretty comprehensive, it’s worth the money to have an attorney review and approve it. A professional Human Resource Consultant may be able to guide you on the content and the laws as they apply to your state. There are state laws that are often overlooked, and if a company has employees in several states, those states may have different rules you need to abide by.

And once your employee handbook is finished, you should review it at least once a year. The world moves fast. Is your employee handbook up to date? If it’s time for a review or a re-write your employee handbook, contact us at http://www.dubeconsulting.com.

 

The New Year is Approaching – Does Your Business Need an HR Tune-up?

Give Your Organization a Strategic Tune-up

As a business owner, we can help you take an objective look at your company’s HR policies, practices, procedures, and strategies to protect your business, establish best practices, and identify opportunities for improvement.   Dube Consulting  is an experienced provider of HR tune-ups for small businesses. Dube Consulting offers several different tune-ups which are designed to accomplish different objectives.  Some of the more common tune-ups include:

  • Compliance. Focus on how well your organization complies with current federal, state, and local laws and regulations.
  • Best practices. Help your organization maintain or improve a competitive advantage by comparing your practices with those of companies identified as having exceptional HR practices.
  • Strategic. Focus on the strengths and weaknesses of systems and processes to determine whether or not they align with your company’s strategic plan.
  • Process-specific. Focus on a specific process in the HR function (e.g., hiring, training, compensation and benefits, performance management, and records retention).

 As a small business owner, you cannot be an expert at everything.  Our comprehensive tune-ups are designed to evaluate whether specific practice areas are adequate, comply with applicable laws and regulations, and/or are effective for your operation.

The results can provide you with a road map to make informed and strategic decisions.

  • Package 1 – Mini Tune-up   – 50 questions covering: Function-Specific
  • Package 2 – Midsize Tune-up – 100 questions covering: Function-Specific, Strategies, Best Practices
  • Package 3 – Full Tune-up – 175 questions covering: Compliance, Function-Specific, Strategies, Best Practices

For details and cost contact us today – http://www.dubeconsulting.com/contact

 

 

 

Rules for Social Media

8 factors to consider when drafting a workplace social media policy

 

By Nancy Dube

Special to the Worcester Business Journal

11/07/11


Do you need a social media policy?

If your employees are mature, responsible, ethical and always think before they write, then the answer is “No.”

I bet you’re thinking to yourself: “Be real! When do employees act that responsibly? Perhaps you have the best company around and just one person has a lapse of memory or judgment. How will that reflect on your business?

If you’re considering a social media policy for your company, here are eight things to keep in mind:

1. How far do you want to reach? Social networking presents two concerns for employers: how employees spend their time at work and how employees are portraying your company online when they’re not at work. Any social networking policy must address both types of online use.

2. Do you want to permit social networking at work at all? It’s not realistic to ban all social networking at work. For one thing, you will lose the benefit of business-related networking, such as LinkedIn. Without turning off Internet access or blocking certain sites, a blanket ban is also hard to monitor and enforce, although this may be necessary in a few industries such as banking and finance.

3. If you forbid social networking, how will you monitor it? Turning off Internet access, installing software to block certain sites, or monitoring employees’ use and disciplining offenders are all possibilities, depending on how much time you want to spend watching what your employees do online.

4. If you allow employees to engage in social networking at work, do you want to limit it to work-related conduct? Or will you also permit limited personal use? How you answer this question depends on how you balance productivity vs. return in your market.

5. How will social networking affect other policies, such as harassment and confidentiality? Employment policies do not work by themselves. Employees’ online presence can violate any number of other company policies. Drafting a social networking policy is an excellent opportunity to revisit, update, and fine-tune other policies.

6. The internet is not anonymous, nor does it forget. There is no clear line between work life and personal life. Always be honest and respectful.

7. Links could be defamatory, harassing or indecent. Profane language or content may promote, foster, or perpetuate discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation.

8. Information may tend to compromise the safety or security of the company’s system. It’s important to take the time to understand the rules, beliefs and desires that exist within the online communities and the way to use them appropriately in communication.

For assistance with your social media policy, it’s essential to understand these rules and the impact they may have on your business. A well-written social media policy will support your business and give you peace of mind.

Nancy Dube is a principal with Dube Consulting in Worcester, which specializes in human resource issues for small businesses. She can be reached at nancy@dubeconsulting.com or through www.dubeconsulting.com.

Worcester Business Journal ©2011 All Rights Reserved

 

10 Things I Know About… HR Consultants

By Nancy Dube

Special to the Worcester Business Journal

08/15/11


10Things_Dube_150

10. SIZE MATTERS

When it comes to HR consultants, we are not all alike. Be sure to inquire about hands-on experience. Many consultants have credentials, but credentials alone will not solve your issues.

9. COURT CONCERNS

You must protect your company from lawsuits. Skilled HR consultants will stay abreast of changes to state and federal laws. They will inform their clients and keep them protected.

8. TRAINING REGIMEN

HR consultants will engage managers/supervisors by coaching them on what they can and cannot say or do.

7. PAYROLL

Every company must pay their employees. Oftentimes, managing time records, tracking time and leave and calculating hours are handled by an efficient HR consultant.

6. WORKPLACE INJURIES

An efficient and experienced HR consultant will proactively manage your workers’ compensation, minimizing downtime and quickly returning workers to the job.

5. STAFFING/HIRING

Recruiting and employment agencies are one method for hiring. But consider engaging an HR consultant first who can help you develop job descriptions, salary surveys and a strategic plan.

4. BENEFITS

Whether you need to administer benefits for 1 or 1,000 employees, the HR consultant will perform due diligence to understand the composition of your workforce, analyze plan summaries and provide recommendations.

3. PERFORMANCE MANAGEMENT

Developing an effective means of evaluating employees on time and in a consistent manner is not easy to do. The skilled HR consultant will develop, implement and manage the process for you.

2. ORGANIZATION

Putting a structure in place at your business to carry out a strategic plan can be a simple process for a skilled HR consultant. Writing policies, procedures, job descriptions and identifying reporting structure is necessary to build a top-notch organization.

1. EMPLOYEE RELATIONS

Your employees are your lifeblood, but they drain your valuable time. A competent HR consultant will interface with your employees, resolve issues and free up time for you to run your business.

Nancy Dube is a principal with Worcester-based Dube Consulting.
She can be reached at
nancy@dubeconsulting.com.

Wednesday Women and Wine

As an advisory board member of the Center for Women and Enterprise, I am pleased to announce:

 

 FREE NETWORKING EVENT

Wednesday Women and Wine 

Location: The Citizen Wine Bar, 1 Exchange Street, Worcester, MA

Date: October 12

Time: 6-8PM

FREE WINE from 6-7PM

This event is open to women who want to connect, network, and grow their business connections.

How to Add Your Business Page on LinkedIn

Your step-by-step guide to setting up a LinkedIn Company Page

STEP ONE: Start the process by creating your company’s profile page

a. Go to your own LinkedIn page and click on the word Companies on the top right side of the menu.

b. Select “add a company” — located on the top right underneath the search box. You will see this box:

c. Fill in company name AND your email address at the company. Make certain to use an email address AT THE COMPANY. Email addresses using yahoo, gmail, AOL, etc. will not allow you to set up a company. Then check the box that verifies you can officially represent the company.

d. When you click “Continue” you’ll get the message to “check your email.”

e. Then you’ll need to access your email account, click on that link which takes you to the “Confirm Your Email Address.”

After clicking the “Confirm” button, you will be asked to sign in to your account to confirm this new email address. Sign in using your existing primary email address – even if different than your company email. [LinkedIn often asks you to "sign in" even after you have been using the site.]

e. After signing in again, you will be able to add your company information on the following Company Overview screen:

f. In the first box on the left, select whether to allow ALL employees to administer the site OR choose “Designated users only” and then be certain to at least write in your own name.

g. Upload a logo: you have two choices. The second choice, the square one, is useful because it will accompany your company’s name. The first choice will not. So if you don’t have something square, you might want to create something to fit this opportunity.

h. Company description: LI “allows” you at least 150 characters. If you use any less, however, you will be asked for more before you can “publish” the page.

i. Company specialties: remember to use keywords here to help with “find-ability” in online searches. The admin page offers four boxes, but you can add more.  I recommend you do this.

j. Twitter ID? If you don’t have one, get one — and post it here.

k. Company blog RSS: If you use Google’s Feedburner, you can go to the edit details to find the correct URL to add.

l. Keep the default button selection for “show news about my company” unless you have a good reason not to.

m. ON THE RIGHT SIDE BAR, fill in the requested info in each dropdown box.

n. Then — Go up to the top right and press PUBLISH.

SUCCESS! Your LinkedIn Company Page is up and running.

Creating your Company Profile on LinkedIn is an excellent way to get your business name “out there” and ranked more successfully on Google.

For more help with your LinkedIn for business page – contact us!

Do You Need a Social Media Policy?

If your employees are mature, responsible, and ethical and always think before they write, then the answer is “NO.”

I bet you are thinking to yourself, be real… When do employees act that responsibility?  Perhaps you have the best company around and just one person has a lapse of memory/judgement.  How will that reflect on your business?  You understand now that I am a proponent of social media policies.

Let me share 5 things to consider when writing your social media policy:
1.  How far do you want to reach? Social networking presents two concerns for employers – how employees are spending their time at work, and how employees are portraying your company online when they are not at work. Any social networking policy must address both types of online use.
2.  Do you want to permit social networking at work, at all? It is not realistic to ban all social networking at work. For one thing, you will lose the benefit of business-related networking, such as LinkedIn. Without turning off Internet access or blocking certain sites, a blanket ban is also hard to monitor and enforce.  Although this may be necessary in a few specific industries such as banking, finance.
3.  If you forbid social networking, how will you monitor it? Turning off Internet access, installing software to block certain sites, or monitoring employees’ use and disciplining offenders are all possibilities, depending on how much time you want to spend watching what your employees do online.
4.  If you allow employees to engage in social networking at work, do you want to limit it to work-related conduct, or permit limited personal use? How you answer this question depends on how you balance productivity vs. return on your market.

5.  How will social networking effect other policies such as: harassment and confidentiality? Employment policies do not work in a alone. Employees’ online presence, can violate any number of other company policies. Drafting a social networking policy is an excellent opportunity to revisit, update, and fine-tune other policies.

We specialize in writing policies and procedures to protect the small business owner.  If you need help with social media, policies, or even developing an on-line business presence we are here to help.

Top 5 Reasons to Conduct an Audit?

Audits help businesses uncover problems and ensure efficiency.

Here are the top 5 reason to conduct an audit:

1.  To insure the effective operation of an organization.

2.  To review compliance with a multitude of administrative regulations.

3.  To instill a sense of confidence in management that the business is functioning well and you are prepared to meet potential challenges.

4.  To maintain/enhance the organization’s reputation in the community.

5.  To perform a “due diligence” review for shareholders or potential investors.
Not all policies, practices, and procedures are committed to writing. It is vitally important that companies have a process
to ensure that everything stays up-to-date and legal, AND actually works as intended.

Do you want things to run smoothly? Conducting an audit is one way to accomplish that.

Engage Dube Consulting to perform your audit and help you overcome these challenges.