Human Resources & OSHA Presentation

Presented by Kai Williams January 29, 2013

Seminar Summary:Human Resources for Anyone with Newly Assigned HR Responsibilities

Human Resources serve many functions such as Risk Management

Essentials of Sound Risk Management

Tracking System

Employee Handbook

Job Descriptions

Performance Evaluations

Training

Employee Manual Must HavesShould include broad goal

statement- who you are- what you do- how you do it

Mostly right- know difference between policy and procedure- remove “unlivable” policies

Employee Manual Must HavesShould be updated regularly

- improvements to manualNon-employee version

*Note- employees should sign this manual for every year they are employed*

Equal Employment Opportunity (EEO)

Laws to know•Title VII of the Civil Rights Act of 1964 (Title VII)•Lily Ledbetter Fair Pay Act of 2009•Title I of the Americans with Disabilities Act of 1990 (ADA)•Section 501 and 505 of the Rehabilitation Act of 1973•Civil Rights Act of 1991•Pregnancy Discrimination Act of 1978•Genetic Information Nondiscrimination Act of 2008 (GINA)

What Not To Do• Refuse to hire person because being a

member of protected class• Fire person because of being a member

of protected class• Fail to provide training because of

member of protected class• Retaliate because person filed charges• Print or publish ad with adverse affect

on protected class• Fail to post notice of law in an obvious

place or keep posted

Forms of DiscriminationDisparate Treatment

- Different treatment due to membership of protected class (intent)

Disparate Impact- Seemingly neutral policy or procedure has an unequal effect on members of protected class (unintentional)

Bona Fide Occupational Qualifications (BFOQ)Job Discriptions

-standard-accurate- ADA and EEOC compliant- minimum requirement by law- if government issued requirement, then it is a job requirement

Protected Class Under Title VIIRace and ColorSex and

PregnancyReligion and

Religious Practices

Age

DisabilitySexual

OrientationGender IdentityLifestyle

This that supersede EEOC:•Safety•Public Interest•Essescence of the job

Job Hiring Practices

*Remember- Everything written down gets counted*

Good Interview Procedure

•Did everyone was asked the same

questions?

•What questions were asked?

•Were questions relevant?

Job Hiring PracticesInterview guidesRating system

- best to rate questions rather than writing them down

Questions should come from job description and policy manual

Coaching, Counseling, and Disciplining EmployeesProvide employees with

employee handbookExplain general conduct

requirementsOrient employees in specific

conduct requirements of their position

Counsel subordinate employees in a timely manner

Coaching, Counseling, and Disciplining Employees

Offer to assist the employee in improving his/her conduct

Advise the employee of the EAPDocument, Document, Document

Record KeepingKeep information separate (locked)

If on computer keep separate from personnel files

Record KeepingEEOC exceptions to confidentiality requirementsSupervisors and managers may be informed

regarding necessary restrictions on work or duties

First aid and safety personnel may be informedGovernment official investigating compliance

with ADA and other federal and state laws prohibiting discrimination

State workers’ compensationInsurance companies

For further information

www.eeoc.govwww.dol.govwww.ada.gov

Other siteswww.hrhero.comwww.shrm.org

Occupational Health and Safety ActWhat is OSHA?Williams-Steiger Occupational

Safety and Health Act of 1970- Encourages employers and employees to reduce workplace hazards-Provide research to develop ways with dealing with occupational safety problems-Maintain a reporting and recordkeeping system

What is OSHA (continued)

- Establish training programs- Develop mandatory job safety and health standard and enforce them effectively- Provide for the development, analysis, evaluation, and approval of state occupational safety and health programs

Who is covered

Employers of all 50 statesWho is employer

- “person engaged in a business affecting commerce who has employees but does not include the United States or political subdivision of a State”

- All employees in any field within the United States, its territories under federal control

Where the OSHA Standards AreFederal Register

OSAHA Websitewww.ohsa.gov

Code of Federal Regulations29 CFR 1910.178(a)(2)(ii)(A)

What is an EmployeeAnyone who works on behalf of

the employer, whether paid or not

*Student Assistants are protected under OSHA*

General Duty ClauseProactive measures

- Hazard assessment-Written Plans- Effective Training

*Effective Jan. 13, 2013 all employees must have 4 hours of safety training*

TrainingFour elements of training documentation

1. Dates of training2. Name of worker3. Subject matter4. Name of trainer

Ask each employee about specific standard to enable them to meet compliance

Archive safety documents and keep them for 3 years

Hazard AssessmentInspection Requirements (general

example)

- Portable and fix dry chemical

extinguishers

- Must be physically checked

- Must be signed, no initials

Hazard AssessmentWalk-through survey

Hazard AssessmentWalk-through Survey will be looking

for these key hazard categories:a. Impactb. Penetrationc. Compression (roll-over)d. Chemicale. Heatf. Harmful dustg. Light (optical) radiation

OSHA Top 10Sources of

motionSources of high

temperatureSharp objectsRolling objectsHarmful dust

Falling objectsThe layout of the

workplaceChemical

exposureElectrical

hazardsSlippery surfaces

Hazard Prevention and ControlGood HousekeepingUse of appropriate personal hygienePeriodic inspection and

maintenance of process and control equipment

Use of proper procedures to perform task

Provision of supervision to ensure the proper procedures are followed

Use of administrative controls

Hazard CommunicationEmployee Right to Know

1. Hazard communication program2. Keep inventory of chemicals3. Collect Material Safety Data Sheet (MSDS)4. Explain labels5. Provide training

*Note- Must have MSDS, have both electronic and hard copy, and must keep for 30 years*

MSDS to SDS (Safety Date Sheet)Administrative/Office1. White Out2. Copier Toner Cartridge3. Hand Sanitizer (non-alcohol

based)4. Cleaning Products

Bloodborne PathogensSteps for prevention- Must have box for sharp objects- Hand washing policy

www.cdc.org

Recordkeeping

Form 300: Log of Work-Related Injuries and Illness

Recordkeeping

OSHA 300A: Summary of Work-Related Injuries and Illness (required)

RecordkeepingOSHA 301: Injury and Illness Incident Report

Recordkeeping

When keeping records they are:Maintained on a calendar year

basisRetained for five yearsMay be kept electronically 7 days

of a recordable injury or illnessMust be kept for each

establishmentEntries must be made within