How To Hire Employees: More Challenging Than You May Think

A recent article titled “A Good Worker Is Hard to Find” in the WSJ sheds light on a challenging situation facing many of our customers:  hiring a qualified person. 

Many small businesses are exploring hiring new employees as the double dip recession concerns begin to fade.  They have specific needs to fill that they typically don’t have in-house nor do they have the access to training for a current employee.  With an unemployment rate hovering around 9%, shouldn’t it be easy to find employees?  This is a common misconception. 

Some small businesses are increasing their starting pay in an effort to find qualified employees.  Even this is not working as they continue to be unable to find the right fit for their organization. 

Many of our customers come to us because of our expertise in developing hiring, screening, and retention programs that are unique to their culture and industry.  We partner with them to find a talent pool to hire from by exploring several avenues outside of your typical hiring paths.  In many cases, because of the training program we help develop with our customers, they are able to hire the person they want and train them to perform the function the way they want it done.

Our next posts will cover what potential employers are looking for in a new company (hint:  pay is #6 globally), and identifying key personnel to train and develop.  Please do not hesitate to email us at info@ewspros.com.

What is Workplace Violence? What Steps Can We Take To Minimize the Risk?

A recent periodical shared that workplace violence is now the number 4 leading cause for fatalities at the work place.  Unfortunately, this ranking is moving in the wrong direction.  Many employers do not know that Cal Osha addresses workplace violence with specific regulations. 

OSHA defines workplace violence as follows:  violent acts, including physical assaults and threats of assaults, directed towards persons at work or on duty. 

Another definition is: “Assaults, other violent acts or threats which occur in or are related to the workplace and entail a substantial risk of physical or emotional harm to individuals” 

Why do we care?

            ►Every year, 1 out of 4 employees are harassed, threatened, or attacked

            ►Some 2 million American workers are victims of workplace violence each year

►Worker-on-worker fatalities account for approximately 7% of all workplace violence homicides.

►Each workday, an estimated 16,400 threats are made and 723 workers are attacked and harassed

►More than 1,000 American workers are victims of homicide at work each year

While the probability of your employee being attacked or killed on the job is nominal, it is still extremely important to prepare them in case it should occur.  OSHA requires that your company develop, implement, and train your employees on workplace violence.  At a minimum, your training should cover:

1. How to identify potentially violent behavior
2. Know the indicators of problem behavior
3. How to respond to violent behavior, specifically how to diffuse the situation
4. What NOT to do in a potentially violent situation
5. The reporting process for any perceived or actual violent behavior
6. Employee’s  responsibility for handling violent situations

Please do not hesitate to email any question to safety@ewspros.com.

Talent Management: Are You Prepared If Your Company Loses a Key Employee?

Recent articles in several business magazines share that one of the most pressing challenges in today’s workplace is finding skilled talent.   This is further exacerbated when one considers that once the talent is found, that person must learn the company’s culture.  This can take a substantial amount of time which goes against your businesses’ need of speed and flexibility.  This situation has an even more profound impact on small businesses which often rely on one person to handle important functions, thereby creating a ‘bottle neck’ effect and increasing business interruption risk. 

The need to find the right talent can be driven by two primary factors:  the loss of someone who had the skills due to injury, retirement, or a competitor and the inability to find and train the skills in house.

We recently had a customer who lost a key employee to a workplace injury.  This employee’s primary responsibility was planning and forecasting.  Without this employee the company basically came to a stand still.  This could not have happened at a worse time as the company just signed a large contract with a global vendor. 

They initially contacted us to help with their safety programs as a result of the injury, and in working with them, we were able to develop human resource programs to cross train their employees to handle the shortage and minimize the possibility of this happening in the future. 

How can you prevent or minimize this business interruption?  By reviewing your safety and human resources programs.  By preventing injuries to your workforce, your company drastically reduces the risk of losing key personnel and eliminates the need to replace key talent.  Human Resources programs help identify cross training opportunities and assists in the development of the training programs, creating a back up in the event something happens to the primary person.  Remember, the ‘back up’ has to have a ‘back up’ as well to support the functions they were performing prior to the initial loss. 

At Enhanced Workforce Solutions, we have extensive experience helping businesses develop their safety and human resource programs and have helped many small companies through the challenging task of developing back-ups to prevent business interruption.

Recent Events Emphasizing the Importance of a Multi-Employer Worksite Program

In a recent post we shared discussed multi-employer worksites.  A recent article in the Cal-Osha Reporter (Appeals Court Affirms Harris Decision, September 23, 2011) underscores the importance of a well developed, customized program.  To paraphrase, the California Court of Appeal recently upheld a lower courts ruling regarding citations given to multiple companies for the same event.  The primary basis for the ruling was Cal Osha’s findings of the actual work practices on site regardless of the fact that safety responsibilities were outlined in a contract.

This ruling is quite significant, especially to those who still believe that contract provisions will protect them from both citations and liability.  This quite simply is not the case.  If your company works in multi-employer work environments we strongly encourage you to develop a program that addresses the information contained in our previous post.  As always, please do not hesitate to email any questions to info@ewspros.com.

Employee or Independent Contractor? Are You Confident…..

The Wall Street Journal’s recent article* regarding work classification is an example of the recent increase in enforcement by regulatory agencies.  The article highlights an announcement by the IRS introducing their Voluntary Worker Classification Settlement Program.  Simply put, the program allows employers who have or may have misclassified employees to correct the inaccuracy without immense fines.  Employers would only be subject to 10% of the tax liability for the past year without interest or penalties.

The fact that the IRS is taking steps to properly enforce worker classification shows that they realize the business landscape has changed.   More companies are moving to a flexible workforce, which includes contract workers.  Cal Osha is taking similar enforcement measures in enforcing their multi-employer worksite regulations. 

Guidelines of classification are unclear, yet some tips are:

• How much behavioral control does the employer exercise over the contractor?  An independent contractor is not subject to instruction by the hiring party;
• Is training involved?  A independent contractor is free to perform services in their own manner;
• How is the independent contractor paid?  Typically, the contractor is paid a flat fee for their services.  A regular wage or salary indicates that they are employees;
• Is there a contract for services?  In most cases, there is a contract in place for independent contractors that outlines the scope of work to be performed, a timeline, and a fee for services;
• Are benefits provided?  If yes, they are most likely classified as employees.

Keep in mind that the list above is not exhaustive and is provided only to give you an idea of whether you should investigate the classification further.  At EWS, we have a great deal of experience in working with our customers to properly classify their workforce and would be more than happy to assist you.  We can be reached via email at info@ewspros.com.  Comments, questions, and suggestions are always welcome.

*article title:  “Price of Reclassifying Workers.  Small Businesses Face Double-Edged Sword in Deciding to Put Contractors on Payroll”

Cal Osha Standards: Multi-Employer Worksites

Current economic conditions have lead to an increase in the use of contract workers, subcontractors, and temporary staffing services.  We see this increase in many of our customers and it creates a unique environment with respect to safety, specifically who is ultimately responsible for safety.  When we pose that question to customers and vendors the responses range from ‘the owner is’ or ‘that’s covered in the contract’; we seldom hear the correct answer which is ‘we all are’.

Cal Osha, specifically 8 CCR, §336.10 and §336.11, defines a multi-employer worksite as ‘any worksite, permanent or temporary, where more than one employer works, usually but not necessarily at the same time’.  Examples given are construction, janitorial services, and environmental services.  This is not to be confused with dual employer worksites which we will cover in a subsequent post.

Cal Osha defines four categories of employers with respect to multi-employer work sites:

• Exposing employer – employer whose employees were exposed to the violative condition at the worksite regardless of whether that employer created the violative condition.
• Creating employer – employer who actually created the violative condition.
• Controlling employer – employer who is responsible for safety and health conditions at the worksite and who has the authority to correct the violation.
• Correcting employer – employer who has the specific responsibility to correct the violative condition.

Our next blog posts will cover each category in more detail and our goal is to show the correlations between them and how Cal Osha can issue citations to each employer.  Ultimately, we hope to show how safety on multi employer sites is everyone’s responsibility.  “Its covered in the contract” is not always enough to protect you from citations and any liability for injuries. 

As always, please do not hesitate to email questions to safety@ewspros.com.  We also welcome any requests for future topics.  We are happy to guide you in the development and implemention  of your multi-employer safety program.

Outsourcing Management: How Outsourcing Effects Safety, Human Resources and Company Risk

Outsourcing has taken on greater significance in this economic climate as many more companies are looking to ‘temporary’ solutions for their employee needs.  The benefits are numerous, including a decrease in costs and the ability to find the talent necessary to complete a task or assignment.

Outsourcing management has significant impacts on businesses, especially small businesses.  Properly classifying a contract employee and multi employer worksite safety are of an increased focus among regulatory agencies; if these programs are not managed properly can actually increase the risk to your business. 

The IRS recently announced an increased focus on the misclassification of contract employees.  California recently upheld a ruling effecting multi employer worksites.  Both show that regulatory agencies are aware of the shift in businesses outsourcing and they are working to ensure that requirements are properly followed.

Our next series of posts will share in greater detail the requirements surrounding a more flexible workforce.  We are more than happy to work with you to develop and implement these programs at your company to provide you peace of mind and to also protect the company you have worked so hard to build.  We can be reached via email at info@ewspros.com.

Site Safety Plans – Is Yours Specific?

Site safety plans (also known as construction safety plans) are being required with increasing frequency by owners and general contractors on projects.  The importance of these plans can not be overstated.  However, we frequently find that many plans are not specific at all.  In many cases, the plans are downloaded, minor edits such as name changes are made, and the ‘final’ plan is placed in a folder.

Mirroring the IIPP (California), the site safety plan outlines the safety ‘rules’ for the job site and explains specifically how work will be conducted on the site/project. 

We have highlighted some of the more important elements of a best in class site specific safety program (s.s.p.) and have provided a brief educational piece for each:

• Information relevant to the site:  For larger sites, outline the flow of traffic (both pedestrian and vehicular) around and through the site.  This is important for deliveries of materials and their impact on the local traffic, entrance of employees to the site, and how they are to walk through the site.  Include the impact to local businesses surrounding the project.
• Information from subs conducting work on the site:  This information should be included when developing the overall s.s.p..  The subs performing work should explain how they will accomplish their tasks safely.  This also allows the opportunity to coordinate the safe work of all subs. 
• Master list of competent persons:  This list should be kept on site.  A best practice would be to list each competent person by specific work practice and sub (i.e. John Smith, competent person excavation – ABC plumbing).  Additionally, the list should be easily referenced, updated as frequently as necessary, and shared with others on site.  (please see earlier post on competent persons for understanding of importance.
• Confirmation of training:  this can be done several ways from requesting a letter from each sub that states the names and training received for each person they employ or you can request proof through completed training records from the company.  A preferred method by our customers is to request the letter and ‘spot audit’ the sub’s files.
• Emergency response procedures:  specific procedures for the site should be explained, including how notification to evacuate will be done, evacuation routes, and assembly areas for roll calls.  For larger projects, we recommend a brief meeting with local emergency responders to coordinate emergency responses.  It also allows them the opportunity to understand what work is being performed on the project and adequately prepare.
• Code of Safe Work Practices:  this should outline the safety rules specific to the site.  Remember to take into account the rules from the subs.  This is to include the recommended frequency to ‘toolbox’ safety meetings.  Our recommendations are to have daily safety briefs and weekly ‘toolbox’ meetings.  Best practice would be to have all subs, generals, and owners participate in the same weekly meeting.
• HAZCOM:  include all hazardous materials used on the site in a master binder.  With the close proximity of work on sites, its easy to see how one subs hazardous materials could affect others working in that same area.  All subs should have one place to go and find the emergency information contained in the MSDS.
• Heat Illness program:  while required inCalifornia, it is a great practice to follow wherever you are working.  Please read our earlier post on heat illness programs for specific details relevant to this program

A note on scalability; the above items are important regardless of the size of the project. 

Please do not hesitate to contact us with any questions you may have.  Please email safety@ewspros.com or visit our Facebook page (type in EWS – helping small businesses with safety and human resources, and don’t forget to ‘like’ us if you find our information valuable) or you can also visit our website at www.ewspros.com.

What is a Competent Person?

The definitions of a competent person vary slightly between Fed Osha and Cal Osha.  Fed Osha defines the competent person as an “individual who by way of training and or experience is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer and has the authority to take appropriate action”.  Cal Osha defines a competent person as “a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authorization to take prompt corrective measures to eliminate them”.  While not written, Cal Osha shares the requirement that the competent person must have the necessary training and experience related to the function.  

 To put it simply, the competent person has the training and experience to identify hazards associated with a particular task and to prevent accidents.  It’s important to understand that the competent person has to identify hazards, has the authority to take corrective actions to prevent the hazard and it is their responsibility to do so. 

A competent person does not have to be a registered professional engineer (P.E.).  P.E.’s are involved in the design of the systems (i.e. fall protection, scaffolding, excavation) when required by regulations.  The competent person must understand the design and implement it safely in the field. 

Of utmost importance to companies is to insure that whomever they deem as competent persons must have the knowledge, training, and experience in the job function.  In essence, they are your person in the field making decisions in ‘hazardous’ situations effecting you other employees as well as other company’s employees that may be working in close proximity. 

While not in every case, when Osha walks on to a site and identifies a function requiring a competent person, they will ask the competent person to identify themselves and will begin asking questions.  At that point, they will determine not only if the work follows the regulations, they will determine if the competent person truly is competent. If not, Cal Osha can issue citations addressing the work as well as the competent person.  

Below are some functions requiring competent persons (this is not an exhaustive list, just those that we frequently encounter at EWS):

• Scaffolding
• Excavation
• Fall Protection
• Demolition
• Crane Operation
• Materials Rigging

Please email us at safety@ewspros.com for specific requirements and recommendations regarding competent people in the above classifications. As always, please don’t hesitate to ask any questions.

Fall Protection Program – What You Need to Know to Develop a Best In Class Program

As always, our goal with our posts is to share educational information regarding safety practices.  This post will focus on explanation of additional requirements or things to think of when developing your fall protection program.  We won’t focus much on the requirements but more so the additional details that make the real difference in your program.

In our experience, many companies have challenges with their fall protection programs.  These challenges stem primarily from the belief that anything over 7 ½ feet (California, construction regulations) requires a lanyard, harness, and anchor point as outlined in Cal Osha standards.  What we often see are workers tied off to a structure (or anchor point) with a standard 6 foot lanyard attached to a D-ring on the back of their harness.  Does that meet the requirement?  Yes.  Does it protect your employee?  No, it does not.  If the employee falls from the 7 ½ feet level, they will hit the ground before their lanyard fully deploys.  This is made worse when we see employees tied off with their lanyard to a SRL (self retracting lanyard), which drastically effects their safety. 

A best in class fall protection program requires your company to complete a comprehensive review of the work tasks, work location, exposure to fall, available anchor points, and options available.   This is critical for each work task that you employees are required to do.  In developing your program, it’s important to ask questions such as:

• What tasks are my employees doing that expose them to a fall?
• What are the fall clearances (keep in mind that SRL’s require a greater fall distance than lanyards)?
• Are guardrails possible (always the first preference)?
• Should we design for fall arrest or fall restraint?
• Can we use scissor or boom lifts to accomplish this work?
• Are rope grab systems a viable option?

With falls as a leading cause of fatalities, it’s critical for your company to conduct these safety evaluations for employee assignments where they may be exposed to a fall.  Once you develop your internal process for assessing fall hazards, it will become more efficient while providing an increased level of safety for your employees. Otherwise, as we have seen countless times, your employees will use the standard 6 foot lanyard, tie off to an anchor point, and believe they are safe when they are in fact not adequately protected.

Please note:  While the metrics used in this post reflect construction standards, the practice of developing a fall protection program for general industry is even more challenging as the Cal Osha regulation states you must protect your employee from a fall of greater than 30 INCHES!

At EWS, we have partnered with many customers to develop their fall protection program.  If you are in need of a program, please do not hesitate to contact us via email at safety@ewspros.com or via phone at 909.320.0621.  Please feel free to forward this link to anyone you feel would benefit from the information, and also please ‘like’ us on Facebook (http://www.facebook.com/#!/pages/EWS-Helping-Small-Businesses-with-Safety-and-Human-Resources/164669770231369) if you find this information valuable.

Thank you!