Small Business Planning for H1N1

The Small Business Administration recently published “Planning for 2009 H1N1 Influenza Season Preparedness Guide for Small Business.”

Here are seven H1N1 preparedness steps that the government recommends you review and apply as appropriate to your place of business:

1. Identify a Workplace Coordinator -This person would be the single point of contact for all issues relating to H1N1 and be responsible for reaching out to community health providers and implementing protocols for dealing with ill employees - in advance of any outbreak or impact on the business.
2. Examine Policies for Leave, Telework and Employee Compensation - Obviously this will vary by business, but the emphasis here is on refreshing yourself and your employees about what your company's health care plans cover in the event of sick leave as a result of H1N1. You should also re-evaluate leave policies to ensure a flexible non-punitive plan that allows for impacted individuals to stay at home. Employees may also need to stay at home to care for sick children or telework in the event of school closures - so be prepared for this by implementing appropriate teleworking infrastructures in advance.
3. Determine who will be Responsible for Assisting - Appoint an individual or individuals who will be on-hand to assist ill personnel at your workplace - essentially a "go-to" person, who may be the same as the person chosen as your workplace coordinator.
4. Identify Essential Employees, Essential Business Functions, and Other Critical Inputs - Make plans to maintain communication and ensure clear work direction with critical personnel and vendors (and even customers) in the event that the supply chain is broken or other unpredictable disruptions occur.
5. Share your Pandemic Plans with Employees and Clearly Communicate Expectations - Consider posting a bi-lingual version of your preparedness plan, leave information, health tips, and other H1N1 awareness resources across all your work locations and online if you operate an Intranet.
6. Prepare Business Continuity Plans - Absenteeism or other work place changes need to be addressed early on so you can maintain business operations. Get tips on common sense measures your business can take from Business.gov here.
7. Establish an Emergency Communication Plan - Hopefully your business already has some form of emergency communication plan. If not, document your key business contacts (with back-ups), the chain of communications (including suppliers and customers), and processes for tracking and communicating business and employee status.

Why Health Care Reform Is Necessary

It's a deliberately provocative title. And this is not an article about which reform is best for our country.

But...

The Department of Labor just came out with their statistics regarding benefits paid by employers.

The cost of medical benefits to private employers has doubled in the past 10 years.

In March 1999, employers paid an average of $1.03 per employee per hour for medical benefits (about 5.4% of total compensation)

In March 2009, employers paid an average of $2.00 per employee per hour for medical (about 7.3% of total comp).

And based on my work with small and medium-sized businesses, the quality of those benefits has declined dramatically in the past 10 years (along with huge increases in deductibles, co-pays, etc.).

Twice the cost with half the benefits. All underwritten by private businesses.

Something must be done.

New California Law for 2009 - Reporting Workplace Injuries

A new amendment to the California Labor Code has changed reporting of work-related injuries and illnesses.

Employers currently must file a form 5020 with the Division of Labor Statistics and Research (DLSR) within five days of an incident. Once new regulations are finalized, insured employers must file a form to be prescribed by the Division of Workers’ Compensation (DWC) with the DWC, and self-insured employers must use a new, yet to be created, electronic form within the time specified by the DWC.

Talk to your insurance carrier or human resources consultant to ensure you're using the most up-to-date forms.

Asking Employees For Proof of Illness

Many employers are frustrated with employees who frequently call in sick. And that frustration can lead to major headaches.

Tresa Baldas of The National Law Journal, writing in law.com, identifies several pending lawsuits filed by the EEOC where employers are apparently asking for too much information when employees use sick time. Of particular note is the 'intermittent leave' permitted under the Family and Medical Leave Act.

You've got to consult with your employment attorney or HR expert before making such a request.

In the meantime, I am an advocate of consolidating 'vacation' and 'sick' time into one broader category - paid time off (PTO). If such a program is in place, it doesn't matter why the employee is taking the time off. And once PTO is exhausted, the employee does not get paid for any additional time off - whether sick or vacation.

Picking The Best Health Plan

Whenever I meet with a new client, I prepare a list of questions about their business - both macro and micro. The answers are always diverse and informative - no business has the same issues.

Now matter how many business owners I've met with, however, there is one question they all agree on:

Are you satisfied with your health insurance plan?

The answer given by all, of course, is a resounding "no".

Every October should be the time for businesses to re-evaluate their current benefits program and consider different providers or different options. Health Savings Accounts, for example, have gained some popularity but are not widely known.

And I'm constantly amazed that more businesses don't utilize a Premium Only Plan.

A good start in the struggle to evaluate what's best for your business is this article by Tom Murphy of the Associated Press.

Preventing Violence in the Workplace

While OSHA reports that nearly 2 million people have been victims of violence in the workplace, nearly 70% of all businesses have no workplace violence prevention policies.

That must change. Prevention is the cornerstone of all human resource policies, and it's simple to implement (at an extremely low cost).

Steven R. Peltin and Gregg O. McCrary, writing on the washingtonceo.com website, present 5 simple tools to establish a workplace violence prevention plan in your workplace.

Too often business owners focus on the 'now' instead of the future. Preventing violence in the workplace is a 'now' issue. It could happen to you.

Courtesy washingtonceo.com

Employer Liability for Violence in the Workplace

An altercation at an Autozone store in Orange County California has put employer liability for violence in the workplace back in the news.

A customer was at the store to buy motor oil when he whistled at an employee in order to get his attention. The employee, a sales manager, took the whistling as an insult, and after a verbal exchange, hit the customer with a metal pipe.

The customer filed a lawsuit, contending that AutoZone was negligent in hiring, retaining, and training the employee, in light of his allegedly violent background. In particular, the sales manager had a juvenile delinquency record for attempted murder, although AutoZone was unaware of it. And, AutoZone had previously given the manager a written warning for raising his voice to a customer.

The CA appellate court ruled that the customer-victim can take his vicarious liability claim to trial.

Under California law, an employer is vicariously liable for its employees’ wrongdoings that are committed within the scope of the employment, and an employee’s willful, malicious, and even criminal acts may fall within the employment scope.

The appeals court, however, went on to reject the negligence accusations. According to the court, AutoZone had no duty to do a more-thorough background check before hiring the employee—and even had the company done more, it still might not have uncovered the juvenile record. What’s more, the prior incident in which the manager raised his voice with a customer wasn’t a red flag that he might be violent.

Avoid Liability

What can employers do to avoid liability—either vicarious or because of the employer’s own negligence—stemming from an employee’s violent outburst?

What can employers do to avoid liability—either vicarious or because of the employer’s own negligence—stemming from an employee’s violent outburst?

What can employers do to avoid liability—either vicarious or because of the employer’s own negligence—stemming from an employee’s violent outburst?

• First, be sure to investigate job applicants’ backgrounds before they’re hired. This is especially true if the worker will have unsupervised conduct with third parties or the public.

• Second, take care to monitor employees’ conduct, particularly, if given the nature of the job, there’s a possibility that violence could erupt. If you don’t, you could be liable for negligently supervising an employee who ends up assaulting a customer or co-worker.

• Third, promptly respond to complaints or warning signs. If you become aware of a possible problem with an employee, you will face bigger legal risks if you don’t investigate and take action.

Flores v. AutoZone West, Inc., Calif. Court of Appeals (Dist. 4, No. G038322 (2008))

Courtesy Business & Legal Reports, Inc.

Workplace Wellness Programs

Even in this down economy, workplace wellness programs are on the increase. The advantages are numerous - lower health care costs; increased attendance and improved morale.

Employee Assistance Programs (EAPs) are also an inexpensive way to obtain these advantages - and in some cases, spouses and dependents can participate as well.

Wellness programs also increase the attractiveness of an employer. Companies with wellness programs that touch on the physical and emotional needs of staff and their families show the employer's interest in keeping everyone healthy, and keeping them happy.

Courtesy East Indiana Star Press.

Wellness Programs Benefits for Small Businesses

You don't need an expensive wellness plan to develop a healthier workforce.

Think about what's in your breakroom: bagels, donuts, chips, and sodas?

How about fresh fruit and other low-fat snacks?

The American Heart Association offers a free walking program for employers.

What are the benefits?

• increased employee morale
• lower absenteeism and
• potentially reduced health-care costs

Find out what your employees would like - if you deliver on their needs, the benefits will ultimately be both yours and theirs.

Via Chicago Tribune.

Workplace Bullying

Workplace Bullying, as noted here before, is a serious problem.

Jennifer Starace, client services manager for Business Resource Solutions, has now labeled the problem an "epidemic" in the workplace.

The best advice is to make sure your managers are looking out for this behavior and eliminating it the moment it occurs.

Unfortunately, 72% of all workplace bullies are managers!

If you've got turnover problems, or morale issues, one of the best techniques to specifically identify those problems is a 360 degree survey.

Via The Huntsville Times.

Theft in the Workplace?

It's happening, according to the Spherion Workplace Snapshot Survey.

About 1 in 5 employees admit to stealing - normally office supplies - from their employer.

What are they stealing?

• 66% pencils, pens , rulers.
• 57% paper, Post-it notes, file folders
• 11% calculators, staplers, tape dispensers
• 8% laptops, PDAs or cell phones.

Thanks to Spherion and the St. Petersburg Times.

Pre-Employment Drug Testing

There's a fine line between what is desirable and what is legal in the workplace. Many employers would like to institute random drug testing of current employees, or pre-employment drug testing.

If you have such a policy or are considering one, make sure to consult an employment attorney. The laws in this area change so frequently, it's difficult to know what is acceptable and what isn't.

For example, a candidate for a part-time page at a city library in Oregon was required to take a drug test. She refused and sued. The Ninth Circuit Court of Appeal upheld, deciding this was a violation of the 4th Amendment. (Lanier v. City of Woodside)

In California, pre-employment testing is - in many cases - acceptable. But ask yourself what would require the need for drug testing? If it's a receptionist, what is the rationale? It's more understandable if the position requires an employee to drive, or handle cash, or operate machinery. Make sure your decision to drug test is correct for the position and your company, and always consult counsel before implementing such a plan.

From Barker Olmstead & Barnier.

Pets in the Workplace? Don't Count on It

So, the American Pet Products Manufacturers Association polled working Americans 18 years of age and older. According to this survey, about one in five companies allow pets in the workplace.

I find that hard to believe. Although there's little doubt that having a pet reduces stress and increases longevity in humans,

However, allowing pets in the workplace is akin to allowing children in the workplace. It is a distraction that hampers productivity.

A better idea is to have a "Bring Your Pet To Work Day" once or twice a year, just like many employers have a "Bring Your Child To Work Day".

Pets at work might be good for the pet, it might be good for the employee, but it's not good for the workplace.

From the Daily O'Collegian at Oklahoma State University

Violence Prevention in the Workplace

It's impossible to eliminate violence in the workplace, but there are techniques and methods to reduce the possibility of it happening.

According to Dr. Jeffrey L. Sternlieb, president of MetaWorks, homicide is the number one cause of death of women in the workplace.

• Educate your workplace.
• Make sure you have a Violence Prevention policy in your handbook.
• Train your supervisors on what to do if an incident occurs.
• And make sure all your employees are alert to potential signs of workplace violence.

Courtesy Readingeagle.com

Obesity Costs Employers $165 Billion

The problem with obesity in America has begun to financially affect the workplace.

A new report from Health Media, Inc. indicates that obesity costs employers $165 Billion in medical care and lost productivity.

Since it is illegal to take any action against an employee or job candidate because of their weight, employers are faced with a dilemma: what to do about it?

Many Employee Assistance Programs (EAPs) have a wellness component, in which affected employees can participate at little or no cost in weight loss and related courses.

Of course, many employers do not participate in EAPs, primarily because of cost reasons.

Yet some studies indicate that offering EAPs may result in various benefits for employers, including lower medical costs, reduced turnover and absenteeism, and higher employee productivity and morale.

And if your business is sharing in the $165 Billion, an investment in an EAP may be the cheapest medicine of all.

You can check out EAPs through the Employee Assistance Professionals Association.

Violence in the Workplace Statistics

I recently gave a Preventing Violence in the Workplace presentation to a group of business owners (you can get the white paper here).

There's good news and bad news about workplace violence.

The good news:

1. Workplace violence is less prevalent than most people think. About 800 people die each year from workplace violence. (Homicide - the workplace issue that gets the most media attention - is only the fourth leading cause of deaths in the workplace).
2. There are a number of inexpensive techniques that can mitigate workplace violence, such as implementing an Illness and Injury Prevention Plan, conducting simple training programs, and implementing background checks on job applicants.

The bad news:

1. Incidents of workplace violence are likely on the increase.
2. While most conceptions of incidents involve 'the post office' or large organizations, it's affecting small businesses more and more, since small businesses generally don't have the infrastructure to support training programs and knowledge about how to prevent workplace violence.

Thanks to Centre Daily Times.

Smoking In The Workplace - Even Off Hours?

A Massachusetts employer decided to ban employees from smoking. Even when they aren't at work. And finally terminated an employee whose urine tested positive for nicotine.

Needless to say, the employee sued under a novel concept: that the termination may constitute an interference with that employee’s right to participate in the company’s benefits plan in violation of the Employee Retirement Income Security Act (ERISA).

Trying to save a few dollars in health insurance by banning employees' smoking all the time may seem like a good idea, but I suspect the money they saved will be nullified by the court battle that's ensuing.

Generally speaking:

• You can ban employees from smoking in the workplace (most states prohibit smoking indoors).
• You can limit employees' rest breaks - i.e. a smoke break - to the minimum allowed by state law (normally 10 minutes for every four hours worked)

But overly prohibiting off-premises conduct is not a good idea.

From Thomas J. McCord, Gary J. Oberstein, Renee M. Jackson of Nixon Peabody.

Employers Don't Have To Accomodate Medical Marijuana Users

California's Supreme Court has ruled that California law does not require employers to accommodate the use of illegal drugs, including medical marijuana.

What does this mean for employers?

It's good news. If you conduct a drug test as a condition of hiring, it means that even if a job candidate states they're using marijuana for medicinal purposes, you may refuse to hire (or even terminate an employee).

Although this law is specific to California, nine other states current allow 'compassionate' use of marijuana. And since California is frequently the precursor of laws in the other 49 states, it makes sense now to have a policy in place that defines what drugs are acceptable in your workplace - whether they be 'legal', 'compassionate', or not.

From Ford Harrison LLP

Workers' Compensation Costs plummeting in California

The Workers' Comp reforms enacted several years ago are beginning to show results, according to the Workers Compensation Research Institute.

Employers can also manage these costs on their own through wellness programs, worker awareness, and health prevention information.