HR News

05.14.24

Workplace Violence Prevention Programs – Due July 1, 2024

HR Headliner

Workplace Violence Prevention Programs Due July 1, 2024
According to the Occupational Safety and Health Administration (OSHA), workplace violence is the second leading cause of fatal occupational injuries in the United States, affecting nearly 2 million American workers annually. Governor Newsom signed SB 553 as a step in addressing workplace violence by requiring employers to implement and maintain protections for employees while at work.
Workplace violence is defined as any act or threat of violence occurring in a workplace. It includes physical force leading to injury or trauma, incidents involving firearms or weapons, and various types of violence (categorized under Labor Code section 6401.9.)
Effective July 1, 2024, the majority of employers in California must implement or enhance their Violence Prevention Plan to be sure it includes the following:
  • The names of persons responsible for implementing the Workplace Violence Prevention Plan (WVPP)
  • Effective procedures for employee involvement in developing and implementing the plan.
  • Procedures for the employer to handle and respond to reports of workplace violence.
  • Prohibitions against employee retaliation.
  • Accepting and responding to reports of workplace violence.
  • Employee workplace violence training and communication.
  • Procedures to ensure compliance from employees, including supervisors.
  • Emergency response procedures.
  • Workplace violence hazard assessments.
  • A Violent Incident Log  – which must include information on every workplace violence incident, even if the incident did not result in injury – and must be maintained for a minimum of five years.
SB 553 provides limited exceptions to this requirement including places of employment with fewer than ten employees that are not accessible to the public, and employees teleworking from a location of their choice which is not under the control of the employer. We recommend seeking legal guidance if you believe your company may be exempt from developing a WVPP.
The WVPP must be specific to the hazards and corrective measures for each work area and operation. There are also specific training requirements that employers must provide to employees using materials that are ‘easy to understand and match the workers’ education, reading skills, and language’.  This training is required initially upon plan roll-out, and annually thereafter. 
We know – it’s a lot!  But Sierra HR Partners is here to help. Please reach out to one of our certified consultants at consultants@sierrahr.com, or call us at 559.431.8090 to request your customized Workplace Violence Prevention Plan as soon as possible to be ready ahead of the July 1st deadline.

04.05.24

Employer’s Emergency Storm Reminders

HR Bulletin

Employer’s Emergency Storm Reminders

Thunder, rain and lightning are quickly moving back into the Central Valley today.  If you haven’t already done so, we recommend employers have an adequate emergency action plan, as required by Cal/OSHA.

This planning may include:

  • Keeping any generators outdoors rather than indoors for proper ventilation, and ensure they are properly grounded.
  • Having some emergency back-up power to illuminate the exit signs and pathway.
  • In case of a power outage, shut off any electrically powered equipment that was operating when the power went out.
  • All powered doors must be able to be opened manually in the event of a power failure.

What about paying employees if I send them home?

If the power goes out and we send employees home since there is no work to complete or proper lighting to work, do I have to pay Reporting Time Pay (1/2 of normally-scheduled shift) or pay them for the rest of the day?

No. Reporting time pay does NOT apply when:

  • Public utilities fail, such as water, gas, electricity or sewer.
  • Work is interrupted by an ‘act of God’ or other causes not within the employer’s control

Stay safe and dry!  Call us at Sierra HR Partners if we can assist you.  559.431.8090.

 


02.23.24

7-Habits of Highly Effective People – 3 Series Workshop

training


01.18.24

Withdrawing a Job Offer After a Background Investigation: Completing Individual Assessments

HR NEWS

As a valued Sierra HR client, we want to be sure you are aware of the October 2023 amendments to the Fair Employment and Housing Act (FEHA) regulations, and how these changes impact an employers’ utilization of information about criminal history in employment decisions. These changes, as outlined in California Code of Regulations Title 2, Section 11017.1, introduced additional procedures that should be carefully followed by California employers when considering criminal history in decisions related to job applicants, or existing employees.

One specific area of concern is the need to complete an Individual Assessment, before an employer decides to deny an applicant the employment position he/she was conditionally offered, based on conviction history.

The employer should consider any evidence of mitigating circumstances submitted by the applicant, including:

  • The personal conduct of the applicant
  • Whether there was harm to property or people
  • Degree of harm
  • Permanence of harm
  • Context of the offense
  • Whether a disability (including substance impairment) contributed
  • Whether the likelihood of harm could be eliminated by reasonable accommodation
  • Whether the disability has been eliminated
  • Whether trauma, domestic abuse, stalking, or similar factors contributed to the conduct
  • The age of the applicant
  • The time that passed since incarceration
  • Specific job duties
  • Whether the context resulting in conviction is likely to arise in the workplace
  • Whether the type of harm is likely to occur in the workplace.

Additionally, final decisions to rescind an offer should be communicated in writing, including information on available procedures to challenge the decision and the right to file a complaint with the California Civil Rights Department.

Sounds complicated, right?

Our role at Sierra HR Partners is to guide you through this process. To simplify matters, we have created an Individualized Assessment form. This form is designed to provide you with a step-by-step guide in complying with new California legislation when deciding to withdraw a job offer based on background check findings.

Contact Sierra HR Partners for a copy of our Individualized Assessment Form or to learn more about our Background Investigations. 

backgrounds@sierrahr.com – 559.431.8090


01.04.24

Important Reminder! California’s Paid Sick Leave requirements must go into effect this pay period!

Announcements

Senate bill 616  went into affect on January 1, 2024. All employees who work in California for 30 or more days are officially entitled to at least 5 days or 40 hours of paid sick leave annually.

If you award paid sick leave as a one-time front load each year, you will need to increase the annual amount to 5 days or 40 hours. Unused sick leave may still expire at the end of each year, and current employees must receive no less than 40 hours or 5 days at the start of the new year.

Accrual: One Hour of PSL for Every 30 Hours Worked

If your employees accrue paid sick leave at this rate, which is the default method described in the law, you may continue to do so. Unused sick leave must carry over from one year to the next, and employees must now be permitted to accrue up to 80 hours or 10 days of paid sick leave. You may limit the annual usage to 40 hours or 5 days per year.

Accrual: Other Accrual Methods/Rates

If your employees accrue PSL at a different rate, such as a certain amount per pay period or per month, you may need to adjust your policy. Employers must ensure that employees accrue at least 24 hours by the 120th day of the year, and at least 40 hours by the 200th day of the year. Employees who accrue the new maximum of 5 days over the entire year will not meet these deadlines. As stated above, unused sick leave must carry over from one year to the next, and employees must now be permitted to accrue up to 80 hours or 10 days of paid sick leave. You may limit the annual usage to 40 hours or 5 days per year.

Cities/Counties with Special Sick Leave Ordinances

If your company is located in a municipality with its own paid sick leave law, such as Los Angeles or San Francisco, local and state rules will both apply, with employers needing to comply with the most generous law. A business in Los Angeles might need to increase its accrual cap but could leave it’s usage cap the same at 48 hours.

We know that keeping up with these legislative changes can be challenging, but remember you’re not alone! Sierra HR Partners is here to help you navigate the ever-changing landscape of California regulations. Please contact one our team of certified consultants if you have any questions!

 

consultants@sierrahr.com

559.431.8090

www.sierrahr.com


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