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March 2015 Issue I
EEOC Wants you to Hire Criminals?
Seminar Topic Talk
with Dawn
We invite you to hear more about that at our Equal Employment Fundamentals Seminar!
New “Ban the Box” Laws Prohibit Asking About Criminal Histories on Job Applications - See more at:
Employers could be pressured to hire more workers with a criminal background under recent guidelines issued by the federal government.
The Equal Employment Opportunity Commission’s guidelines warn businesses about rejecting minority applicants who have committed a crime and recommend they eliminate policies that “exclude people from employment based on a criminal record.”
The EEOC says civil rights laws already prohibit different treatment for job applicants who are of a different ethnic background but have identical criminal histories. The update was issued out of concern that employers might disproportionally exclude minorities from getting hired because more African Americans and Hispanics are getting arrested and going to prison, according to the guideline report.
Equal Employment Fundamentals Seminar on Thursday March 19th from 10-11:30am at the Tulare-Kings Builders Exchange (1223 S. Lover’s Lane in Visalia).
Dave Miller and Candice Weaver will be our presenters. To attend the free seminar please call Pacific Employers at 733-4256. [PE]
♦ Equal Employment Fundamentals -
Harassment & Discrimination in the Workplace - The seven (7) requirements that must be met by all employers. “The Protected Classes.”
Thursday, March 19th , 2015, 10 - 11:30am
♦ Safety Programs - Understanding Cal/OSHA’s Written Safety Program. Reviewing the IIPP or SB 198 requirements for your business. See Heat Illness Breaking News Article below!
Thursday, April 16th, 2015, 10am - 11:30am
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The Pacific Employers' Seminar Series
10:00 to 11:30am - 3rd Thursday of each month
Pacific Employers hosts the Seminar Series at the Builders Exchange conference room on at 1223 S. Lover's Lane, the corner of Lovers Lane & Tulare, in Visalia, CA.
RSVP to Pacific Employers at 559 733-4256 or fax your confirmation to 559 625-3053. The mid-morning seminars include refreshments and handouts.
These morning seminars are free of charge and include refreshments and handouts. – |
-- News --
Heat Illness Prevention Revised!
California’s Occupational Safety & Health Standards Board (the “Board”) has now voted to approve major revisions to the state’s heat illness prevention standard (8 CCR 3395).
The Board has requested a May 1 effective date (in time for the growing season), instead of July 1. Affected employers will have just a few weeks to revise their heat illness prevention plans, institute new procedures and update training.
The threshold for automatically providing shade has been lowered from 85 degrees to 80 degrees. Shade must now be provided by means “that does not deter or discourage access or use.” This phrase does not appear to truly be an occupational safety or health standard but one catering to preference. And it seems ripe for “gotcha” disputes over what exactly discourages access or use. Additionally, the shade provided must accommodate all employees who are on a rest or recovery period (previously the shade needed to accommodate only 25% of the employees on shift). During meal periods, the shade must accommodate all employees on their meal period who remain on-site.
When an employee chooses to take a preventative cool-down rest, the employer must monitor the employee, ask if he or she is experiencing symptoms of heat illness, and encourage the employee to remain in the shade. If the employee exhibits signs or reports symptoms of heat illness, the employer must provide appropriate first aid or emergency response. The employer cannot order the employee back to work until any signs or symptoms of heat illness have abated.
The high-heat procedures (applicable when the temperature meets or exceeds 95 degrees) were expanded in several ways including the requirement that employers observe employees for alertness and signs or symptoms of heat illness was expanded to list specific means of observation: (1) a mandatory buddy system, (2) observation by a supervisor or designee (for 20 or fewer employees), or (3) regular communication with a solo employee (e.g., by radio or cell phone).
The employer must designate one or more employees at each worksite as authorized to call for emergency medical services. Other employees may call when no designated employee is available.
Employers must conduct pre-shift meetings covering high-heat procedures, encouraging employees to drink plenty of water and reminding employees of their right to take cool-down breaks.
The new changes will require employers to:
- Closely observe new employees during their first two weeks working in a high heat area, as well as all employees during heat waves;
- Provide shade for all workers on a rest or meal break at 80°F (lowered from 85°F), with at least enough shade to accommodate all workers who remain onsite during meal periods;
- Provide water that is “fresh, pure, suitably cool, and provided to employees free of charge” – to stop employers from reportedly providing free water that is warm and undrinkable while selling bottled water kept in coolers;
- Provide water and shade “as close as practicable” to the workers (likely to be interpreted in new Cal/OSHA guidance documents), and encourage people to take preventative cool-down rest breaks in the shade and drink water;
- Implement stronger provisions for five industries when “high heat” conditions kick in a 95°F, including a system to stay in contact with all workers, close observation of those with early signs of heat-related illness, and a mandatory cool-down rest period every two hours for agricultural workers; and
- Develop emergency response procedures, incorporate them into a beefed-up written heat illness prevention plan, and train workers about how to activate them.
- Make the plan available at the worksite.
Employers with outdoor worksites should now prioritize a review and update of their heat illness prevention plans. Employers will not only face Cal/OSHA penalties if they are not in compliance, but also additional Labor Code penalties for failure to provide heat recovery periods. See Labor Code § 226.7. [PE]
[PE] |
Equal Employment Fundamentals Seminar
Date and Time
Thursday Mar 19, 2015
10:00 AM - 11:30 AM PDT
