U.S. Department of Labor Prioritizes Whistleblower Protection

The U.S. Department of Labor (DOL)’s Occupational Safety and Health Administration (OSHA) announced a restructuring of its Whistleblower Protection Program. Under the restructuring, the DOL’s Office of the Assistant Secretary will now oversee the program.

The restructuring will significantly elevate priority status for whistleblower enforcement, according to the DOL’s announcement. Emphasizing employees’ rights, the head of OSHA, Assistant Secretary of Labor Dr. David Michaels, stated: “The ability of workers to speak out … without fear of retaliation provides the backbone for some of American workers’ most essential legal protections.”

OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act. Unbeknownst to many, OSHA also enforces 20 other statutes protecting the rights of employees to report various regulatory violations relating to workplaces, commercial vehicles, airlines, the environment, consumer products, food and safety, and consumer financial reform.

OSHA also became responsible for investigating and enforcing laws protecting individuals who complain of corporate securities fraud with the passage of the Sarbanes-Oxley Act of 2002 (SOX) in 2002.

Last year, OSHA first announced that it would restructure its whistleblower program as part of a “multifaceted plan” to strengthen enforcement efforts. As part of its plan, DOL requested a budgetary increase of more than $6 million for additional investigators for FY 2012. DOL also released a new edition of its Whistleblower Investigation Manual.

Additional information is available from the DOL.

Retaliation and whistleblower claims have received a lot of attention recently and continue to be on the rise. 

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

Members can visit HRCalifornia for more information on workers’ rights and retaliation protections, and best practices for employers. Not a member? Learn more about HRCalifornia. 

Employers Must Post Job-Related Injuries Summary by Feb. 1

The CalChamber is reminding employers that they must post a summary of job-related injuries and illnesses from 2011 at their place of business by February 1.

The California Department of Industrial Relations (DIR) requires employers to display the Cal/OSHA Log 300 Summary of Work-Related Injuries and Illnesses (Form 300A) from February 1 to April 30 for employee review.

Companies that had 10 or fewer employees at all times during the last calendar year do not need to keep Cal/OSHA injury and illness records. Employers with 11 or more employees, except those covered in the California low-hazard establishments in the retail, service, finance and real estate sectors, must display the totals from the Form 300A wherever employee notices are usually posted.

If there is more than one business establishment, a separate summary must be posted in each physical location that is expected to be in operation for one year or longer.

More information on Log 300 filing and posting requirements is available on HRCalifornia. Not sure if these requirements apply to you? Check out this free Log 300 wizard from HRCalifornia's Forms & Tools section to find out.

Please visit CalChamber's website for complete details on the Form 300 and Form 300A.

CalChamber

Heat Illness Prevention Network Conference Call – July 14

Members of the Heat Illness Prevention Network should take advantage of an upcoming conference call to get information on updates straight from Cal/OSHA.

WHO: Christine Baker, Director of the Department of Industrial Relations; Cal/OSHA Chief – Ellen Widess
WHAT: Conference call to members of the Heat Illness Prevention Network
WHEN: Thursday, July 14 at 10:00 a.m.
WHY: To update Heat Illness Prevention Network members on topics relating to the Heat Illness Prevention Standard
HOW: Call 1-800-619-4625. Advise operator that your participant code is DIRHIP. During the Q&A section, press *1 on your telephone keypad to ask a question.
 
Email additional questions or comments to heat@dir.ca.gov.

Agenda includes:  

• Outreach and education
• Enforcement and compliance information
• Orders prohibiting use
• Q & A

The California Chamber of Commerce is a founding member of the Heat Illness Prevention Network (The HIP Network), which is administered by the California Division of Occupational Safety and Health (Cal/OSHA) in the state Department of Industrial Relations (DIR).

The HIP Network is a voluntary public/private partnership established to increase both employers’ and employees’ awareness of the hazard of heat illness and the importance of heat illness prevention measures to prevent fatalities and serious illnesses in California workplaces.

HIP Network members work with Cal/OSHA to provide timely information to employers and employees to help prevent heat illness in workplaces throughout California.
 
HIP Network membership is free, and interested parties can join by submitting name, title, organization name, telephone number and email to communications@dir.ca.gov.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

As Temperature Rises, Cal/OSHA Intensifies Enforcement Activities

This week, temperatures in some parts of the state spiked to the high 90s and low 100s. In response, Cal/OSHA will intensify its enforcement of new heat illness prevention requirements for outdoor worksites. This is the first summer that employers will have to operate under the revised heat illness regulations that went into effect on November 4, 2010.  

In a June 21 press release, Cal/OSHA Chief Ellen Widess announced Cal/OSHA’s intent to pursue employers who evade the law:

“Our program will be strategic, focusing on workers at highest risk in outdoor industries such as agriculture, construction, landscaping and locations where we expect to find serious violations.  We will be identifying and targeting employers who skirt the law at worker’s expense.”

Cal/OSHA said enforcement efforts will include statewide traveling heat sweeps, local district actions when soaring temperatures can put workers at the greatest risk, and multi-agency enforcement actions through the Economic and Employment Enforcement Coalition.

Widess also said that if Cal/OSHA discovers conditions at an outdoor worksite that  put employees at risk, the agency will shut down the worksite until the employer takes the proper steps to correct high-heat hazards.

Cal/OSHA will work with other agencies, such as the California Labor Commissioner’s Office and the Contractor’s State Licensing Board, to pursue serious enforcement actions against employers who violate health and safety and labor standards.

Cal/OSHA’s revised standards specify that shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and requires employers to provide shade whenever the outdoor temperature exceeds 85 degrees Fahrenheit. If employers can demonstrate that providing a shade structure is not feasible or is unsafe the employer can provide equivalent but alternate access to shade.

The standards also include high heat procedures whenever the temperature equals or exceeds 95 degrees Fahrenheit, and these procedures include incorporating effective communication between employees at the worksite and a supervisor, observing employees at the worksite for signs or symptoms of heat illness, reminding employees to drink water, and closely supervising new employees.

The full text of the revised heat illness standards  is on the Department of Industrial Relations' website and should be reviewed by employers.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

CalChamber members can learn what they need to do to comply with heat illness prevention requirements from HRCalifornia. CalChamber members can also use a sample Heat Illness Prevention Plan to help develop procedures to comply with Cal/OSHA heat illness regulations.

Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial. 

RSVP for Two Must-Attend Webinars

Yesterday, Sacramento got its first 90-degree day of 2011, and forecasters say it could hit the high 80s today. We grumble about the heat as we walk from our air-conditioned offices to our air-conditioned cars, but what if we worked outside, under the sun?

California businesses with outdoor workers must protect those workers from heat illness, and those businesses shouldn’t forget that they need to comply with Cal/OSHA’s amended heat illness regulations, which took effect late last year.

Register for our Heat Illness Prevention Webinar to learn:

• How to comply with the new rules
• What employers must do to prevent heat illness

Thursday, May 12, 2011, 2:00 p.m. – 3:30 p.m. PST

 

Hiring new employees can be challenging. Not only does hiring a new employee create lots of administrative tasks, an applicant who’s not selected for the job could file a lawsuit against the employer alleging unfair hiring practices.

Even if an employer doesn’t feel comfortable hiring new employees, promoting an employee to a higher rank or position could also create the same problem – an employee who was passed over for the promotion could file a discrimination lawsuit against the employer.

Register for our How to Hire Employees Webinar to learn:

• How to avoid discrimination
• Best practices and pitfalls of testing employees being considered for promotion, and background checks and reference checks for potential new hires

Thursday, May 12, 2011, 10:00 a.m. – 11:30 a.m. PST

Erika Frank, General Counsel, California Chamber of Commerce