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robintek

Feb 01
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TELEMEDICINE BENEFITS EMPLOYERS & EMPLOYEES

By Employment Resources

Many organizations are searching for ways to reduce costs and increase profits when it comes to health care expenses. This is especially true if they’re self-funded expenses. One of the best ways to reduce the amount employees must pay is to utilize options that will lower the need to visit a primary care physician for simple issues. Telemedicine makes it easier for employees to skip spending large amounts of money on office visits for colds, sore throats, flu symptoms or other minor but irritating medical issues. However, telemedicine doesn’t mean ignoring the need to see a primary physician for more serious matters.

If a person needs a simple non-narcotic prescription for a simple diagnosis, a quick phone call to a physician is the easiest solution. One of the biggest advantages of the phone call is that it’s free to both the employer and employee. In addition to both parties saving money on an office visit, unless the employee is sick with a contagious illness, the employer may not need to lose the employee for an hour or more for an out-of-the-workplace doctor visit. Since there are so many advantages to telemedicine, it is gaining a great deal of popularity.

This new technology involves exchanging medical information about one patient with various sites and health care providers through electronic communications. By sharing the information and contributing a group effort, the goal is to improve each patient’s health status. Although many new technologies are expensive when they first surface, telemedicine is an exception. It is relatively inexpensive. However, there are a few challenges that come with it. Regulatory procedures and steps are one of the biggest challenges. For example, a specialist who is in another state may have issues electronically prescribing medicine to a patient in a separate state where licensing restrictions are different.

In addition to the above example, only a few states have requirements in place for insurers to provide coverage for telehealth care. Equipment for telehealth can be installed in small clinics, physicians’ offices, workplaces and hospitals for amounts between $10,000 and $100,000. Although the technology isn’t intended to replace communication with a primary care provider, it is beneficial for obtaining care quickly when it’s otherwise difficult to find. Research shows that about 50% of the population is optimistic about this new form of technology and would be eager to use it. The following benefits are the reasons why telemedicine is growing in popularity:

It is cost efficient. Reducing costs and maintaining affordable rates are two of the best reasons for adopting one of these plans. Shorter hospital stays, less travel time and shared health professional staffing are just a few examples of ways money can be saved.

Employees enjoy better access. Telemedicine is the best way for patients who live in remote areas to receive the care they need quickly. It also allows physicians and other health care professionals to expand their spectrum of care beyond their offices.

It provides a way to meet patients’ demands. The biggest advantages of telemedicine are enjoyed by the patient, the patient’s family and the community. Research over the past several years has shown that patients are consistently satisfied with the time and money saved by using telemedicine.

Employers who want to increase their profitability and help their employees save money should consider adding telemedicine to their overall plan. Companies that wish to provide these services can access them by contracting with a vendor that offers telemedicine services. They can also be accessed through a discount medical plan organization. To learn more about telemedicine, discuss the available options with one of our agents.

Feb 01
Love0

LADDER SAFETY STARTS ON THE GROUND

By Risk Management Bulletin

Life has its ups and downs. However, the downs can be especially painful. Here are some ways to avoid those dangers — and reduce the risk to your business:

  • Have ladders inspected before every use and, if defective, taken out of service. The inspection should look for cracks, wood splinters, or moving parts that bind or are disconnected or misaligned, together with worn ropes on extension ladders. Your workers don’t want to find out about them eight feet in the air. Have steps or rungs checked for looseness and cleaned of slippery spots. Make sure that workers wear shoes with nonslip surfaces.
  • Make sure that stepladders are stored upright, with simple and extension ladders stored flat, so they don’t warp with age. It’s also okay to store ladders horizontally on wall hooks.
  • Transporting ladders takes special care. The old silent movie sight gag about carrying a ladder so that the back end swings around and whacks people holds true. Always have workers maintain clear vision of the entire length of the ladder and beyond — and, if the ladders are carried on a vehicle, double-check the mountings.
  • Before workers put the ladder in place, have them scan the location; be sure that both feet are on firm ground; and avoid power lines, or leaning the ladder on any unstable surface.
  • Train workers to observe the “1 to 4” rule: Placing the ladder horizontally one-quarter of its vertical length, so a 12-foot ladder should be 3 feet from the wall. If they’re using an extension ladder, keep 3 feet of overlap between sections. It’s also wise to tie the ladder’s top and bottom to fixed points so that it won’t move.
  • When it’s time to climb, make sure that workers who carry equipment up always wear a tool belt and maintain three-point contact with the ladder (both hands and one foot, or both feet and one hand). Never allow workers to go above three rungs from the top, and require them to come down and move the ladder if the work is beyond their reach.
  • Finally, make sure that your workers learn the bear climb: With the right foot and hand moving simultaneously, followed by the left hand and foot. This might feel funny at first — but it can help save lives and avoid serious injury.
Feb 01
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CURBING WORKPLACE DRUG AND ALCOHOL ABUSE

By Risk Management Bulletin

$100,000,000,000 a year.

That’s how much the federal government estimates that drug and alcohol abuse costs American businesses. If you think your organization is immune, bear in mind that nearly three in four of adult abusers are employed — some of them perhaps by you. You might know these people by their absentee records: They’re likely to be gone at 2.5 times the rate of the average employee — or perhaps by their Workers Comp claims: Three to five times those of non-abusers.

If nothing else, you’ll know them by how much they cost your health plan: 300% higher than non-abusers (not to mention the far greater human costs to co-workers, families — and the abusers themselves).

Despite the highly publicized war on drugs, there’s no overall federal drug-free workplace law for the private sector. Although a few states require drug-free workplaces, others take the voluntary approach. For example, some 13 states reduce Workers Comp premiums for businesses with a drug-free workplace program.

If you create such a program, observe these guidelines:

  • Create a policy. Be sure to ban illegal drugs and abuse of alcohol expressly; to state specifically which drugs and related acts are banned; to explain the steps you will take to back these edicts; and to detail the consequences for their violation.
  • Develop a testing program. Decide whom to test, when to test (e.g. pre-employment, random, regular, reasonable suspicion, incident-related), who will do the test (preferably a certified independent lab, with at least two tests showing positive), and what will happen after a positive finding.
  • Decide what to do with abusers. Although some organizations simply discipline or terminate them, others see abusers as valued employees with a problem, who are well worth saving. For this reason, many companies create Employee Assistance Programs (EAPs) to deal with drug and alcohol issues off site. Establishing an EAP shows respect for your employees and offers an alternative to dismissal.
  • Define the role of your supervisors. As the management level closest to employees, supervisors will probably be the first to notice the signs of abuse. They need tutoring on what to look for, and how to document and deal with it. Most important is what supervisors should not do — attempt to diagnose what are essentially medical issues, or to counsel abusers. Their role is to report behavior and support what abuse experts decide are appropriate responses to individual situations.
  • Communicate to employees the details of your program, the effects of abuse, and the importance of understanding the problem and reacting in a supportive way.
Feb 01
Love0

SEVEN STEPS TO CELL PHONE SAFETY BEHIND THE WHEEL

By Risk Management Bulletin

If you have mobile employees, make sure that they’re using their cell phones behind the wheel in a safe manner. Provide a safety policy that clearly defines and limits cell phone usage while driving and provides penalties for violations. Seek the input of mobile employees and managers to help ensure that your policy is enforceable, fair, and realistic. We’d recommend taking these steps.

  • Provide safety training for drivers. Ensure that all drivers of company vehicles have a valid driver’s license. Require any employee using a company vehicle to complete a driver safety and defensive driving course before getting the keys to a vehicle. These courses often include graphic demonstrations related to driver distraction from using cell phones. This can be a real eye-opener for drivers who might have never seen the devastation caused by vehicle crashes.
  • Post warnings in all company vehicles. The notice should clearly prohibit the use of cell phones while driving. If the call is an emergency, the driver should let a passenger make the call or pull over before using the cell phone.
  • Provide a hands-free device option. Although allowing mobile employees to use hands-free devices behind the wheel won’t prevent phone conversations from distracting drivers, it can reduce distraction.
  • Use answering services or call forwarding options. It might be hard for mobile workers and those trying to contact them to adjust to an answering service or call forwarding option, especially if workers have been allowed to make calls or answer their phone while driving previously. However, the convenience of answering or making a phone call immediately while behind the wheel just isn’t worth the risk and liability. After the mobile workers reach their destination, they can check their messages and make appropriate return phone calls.
  • Turn off the cell phone. Require mobile employees to shut off their cell phones while driving the company vehicle. The employee can turn on their cell phone to make needed calls or check their answering or call waiting service once they’ve arrived. This policy should also require passengers to turn off their cell phones.
  • Let employees take responsibility. Most employees won’t adhere to a policy that’s all talk and no action. Make employees responsible for any fines or additional vehicle operation costs from traffic violations related to illegal cell phone usage. The policy might also provide penalties for workers who accumulate a certain amount of traffic violations.
  • Ban cell phones from company vehicles. Before making a total cell phone ban part of the policy, realize that this might leave employees unable to contact emergency services in the event of an accident or emergency. Consider a complete ban only after careful thought and as a last resort — for example if employees keep violating the cell phone policy or have repeated cell phone traffic infractions.
Jan 01
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NLRB POSTER REQUIREMENT … ONE MORE TIME

By Your Employee Matters

With so many employers taken by surprise, the NLRB extended its poster requirement to January 31. As of January 31, 2012, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. As a practical matter, the Board’s jurisdiction is very broad and covers the great majority of non-government employers with a workplace in the United States, including non-profits, employee-owned businesses, labor organizations, non-union businesses, and businesses in states with “Right to Work” laws. The notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers also should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there. You can get the poster, read a FAQ and learn more by going to https://www.nlrb.gov/poster.

This poster is an invitation for disgruntled employees to organize and otherwise complain about work conditions. The only defense is good personnel practices and readily available legal help if you need it. HR That Works Members should watch or listen to the recorded Webinars we did on NRLA requirements. You are also encouraged to you post your literature on the wall. Let employees know the company vision, mission, goals and values. Share employee success stories. Remember, the workforce needs a drama. You have a choice of who will write the script.

If you aim to start things off right with your employees in 2012, make sure to watch the upcoming Webinar with Don Phin on January 4, 2012 at 10:00 a.m. Pacific. You can register for the Webinar by clicking here.

Here is the poster language that employers should be concerned with:

Under the NLRA, you have the right to:

  • Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.
  • Form, join or assist a union.
  • Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
  • Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.
  • Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
  • Strike and picket, depending on the purpose or means of the strike or the picketing.
  • Choose not to do any of these activities, including joining or remaining a member of a union.

Under the NLRA, it is illegal for your employer to:

  • Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.
  • Question you about your union support or activities in a manner that discourages you from engaging in that activity.
  • Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.
  • Threaten to close your workplace if workers choose a union to represent them.
  • Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.
  • Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.
  • Spy on or videotape peaceful union activities and gatherings or pretend to do so.

Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:

  • Threaten or coerce you in order to gain your support for the union.
  • Refuse to process a grievance because you have criticized union officials or because you are not a member of the union.
  • Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.
  • Cause or attempt to cause an employer to discriminate against you because of your union-related activity.
  • Take adverse action against you because you have not joined or do not support the union.

If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.

Jan 01
Love0

MAKING YOUR NEXT HIRE

By Your Employee Matters

In this tight economy, many employers are reluctant to make any new hires. This is a big mistake. The first thing to consider is who it is that you should get “off the bus.” Our test has always been this: If the employee quit today, would you be relieved or upset? If the answer is “relieved,” then do what you have to do: Let this employee go or put them on some type of performance plan that guarantees their success or departure. One of the problems with trying to resurrect poor employees is that they tend to look for job security by filing claims, hoarding knowledge, or other conduct which will make their staying on board even more costly. In our experience, when you let these people go you really learn the truth about them.

Now that you’ve “culled the herd,” don’t replace them immediately with the same level of employee. Instead, take away the lowest value work of the existing team and hire an entry-level employee who you can groom in your way of doing business. How much $10, $15, or $20 an hour work can you take away from the existing team? Do they want it taken away from them or not? Instead of hiring an entry-level employee, many companies outsource administrative tasks to consultants and other third parties.

Taking this approach will increase workforce productivity and revenue per employee. You’ll also be able to give existing employees a raise because they’re adding more value to your organization.

Remember, when recruiting entry-level employees, provide them with a career map so they can see the opportunity in your business. HR That Works has sample “career ladders” to consider.

Jan 01
Love0

EEOC CHARGES HIT RECORD HIGHS

By Your Employee Matters

The EEOC received a record 99,947 charges of discrimination in fiscal year 2011, which ended Sept. 30 — the highest number of charges in the agency’s 46-year history. EEOC staff also delivered more than $364.6 million in monetary benefits for victims of workplace discrimination. This is also the highest level obtained in the Commission’s history. The fiscal year ended with 78,136 pending charges — a decrease of 8,202 charges, or 10%. In previous years, the pending inventory had increased as staffing declined 30% between fiscal years 2000 and 2008. Comprehensive enforcement and litigation statistics for fiscal 2011 will be available in early 2012.

Jan 01
Love0

THE ULTIMATE IN RELIGIOUS ACCOMMODATION

By Your Employee Matters

This summer, New York City enacted the most “progressive” statute on religious accommodation in the workplace. Follow these guidelines, and you’ll be “safe” in any jurisdiction.

According to the new law, the term “reasonable accommodation” means, “such accommodation that can be made that shall not cause undue hardship in the conduct of the covered entity’s business. The covered entity shall have the burden of proving undue hardship. In making a determination of undue hardship … the factors which might be considered include but shall not be limited to:

(a) the nature and cost of the accommodation;
(b) the overall financial resources of the facility or the facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
(c) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities; and
(d) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

“In making a determination of undue hardship with respect to claims for reasonable accommodation to an employee’s or prospective employee’s religious observance … the definition of ‘undue hardship’ set forth in paragraph (b) of such subdivision shall apply.

“(b) ‘Reasonable accommodation,’ as used in this subdivision, shall mean such accommodation to an employee’s or prospective employee’s religious observance or practice as shall not cause undue hardship in the conduct of the employer’s business. The employer shall have the burden of proof to show such hardship.

“‘Undue hardship,’ as used in this subdivision shall mean an accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system). Factors to be considered in determining whether the accommodation constitutes an undue economic hardship shall include, but not be limited to:

(i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer;
(ii) the number of individuals who will need the particular accommodation to a sincerely held religious observance or practice; and
(iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.

“Provided, however, an accommodation shall be considered to constitute an undue hardship, for purposes of this subdivision, if it will result in the inability of an employee who is seeking a religious accommodation to perform the essential functions of the position in which he or she is employed.”

This language should seem familiar because it matches that of disability accommodation. Of course, the definition of “reasonable accommodation” under the ADA is litigated on a case-by-case (Don’t you just love the uncertainty of it all!). To learn more, go to http://www.nyc.gov/html/cchr/home.html.

Jan 01
Love0

EEOC SUES EMPLOYERS FOR ACCOMMODATION VIOLATIONS

By Your Employee Matters

According to a SHRM article, the EEOC has filed disability lawsuits against:

  • Ford Motor Company for failure to allow an employee with a gastrointestinal condition to telecommute.
  • Kohl’s Department Stores for refusing to accommodate a diabetic employee’s request for a regular schedule.
  • SITA for rescinding a job offer when it found that an applicant who needed surgery for cancer asked to delay her start date.
  • The Scooter Store for refusing to accommodate an employee’s request for a temporary leave of absence due to a knee injury and then firing him.

Here’s the point: The EEOC is on the warpath when it comes to disability accommodation. Go through the process. Take a checklist approach. Treat your people the way you would want to be treated. Get professional help if you need it. The HR That Works Hotline is a good place to a start for Members as is the Job Accommodation Network: http://askjan.org/.

Jan 01
Love0

THE END OF THE NLRB’S REIGN?

By Your Employee Matters

Many employers, including Boeing (which the National Labor Relations Board blocked from moving to an aircraft assembly facility in Charleston, South Carolina), have been upset with the NLRB for the past few years. In this newsletter and our Webinars, we’ve discussed the Board’s efforts to make unionization far easier, as well as to expand the National Labor Relations Act to social media postings. The NLRB has not had a full complement of five board members for five years. When Craig Becker’s term expires this year, the Board won’t have enough board members to rule on labor disputes. Republican lawmakers will surely try to block any nominations President Obama appoints to the Board. Many employers feel that the NLRB is trying to do through administrative pressure what Congress would not do through legislation.

Expect the Board and Administration to push right up to Election Day.

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