Blog

15
During this time of year, it’s more critical than ever to hold regular safety training meetings to avoid workplace accidents from ignorance and/...

[Read the rest of this article...]

30
No. There is an exemption under FLSA for long haul truck drivers involved in interstate commerce called the Motor Carrier Exemption. This exemption ap...

[Read the rest of this article...]

29
Yes. In fact, if you are taking adverse action on an employee based on what you found in a background check, you are required to inform the employee o...

[Read the rest of this article...]

14
Most employers are required to prepare and maintain records of occupational injuries and illnesses, which are overseen and administered by OSHA (commonly referred to as the OSHA 300 Log).  There are a number of regulations to ensure the data is uniform and accurate because of the multiple uses of this information.  However, many employers make these repeated mistakes when recording injuries:

NOT APPROPRIATELY RECORDING INJURIES THAT NOW HAVE WORK RESTRICTIONS
If a licensed healthcare professional recommends that an employee not perform one or more “routine functions” of his job (“routine function” is defined as a work activity regularly performed at least once per week), or an injured employee is no longer able to perform a “routine function,” then the case is recordable.  Even if the employee is doing other work for the employer but on a restricted basis (i.e. no longer climbing a ladder because of an injury), the case is recordable.  This means that employees on light duty are on recordable work restrictions unless the physician affirmatively states that the employee may perform all of the “routine functions” and work a full shift.

DISCOUNTING THE INJURED EMPLOYEE’S INFORMATION
Some employers fail to give the proper weight to an injured employee’s account of the injury; however, the injured employee himself is deemed a witness.  If the employer questions the validity of the employee’s story, facts and reasons must be gathered to prove otherwise.

When an employee fails to report the injury immediately or within the company’s appropriate timeline, some employers assume there is a credibility flaw.  However, it does not mean that a work-related injury did not occur.  The employer must still determine the credibility of the account, including evidence that may indicate otherwise, and record the injury where appropriate.

AVOIDING A RECORDABLE CASE WITH A SECOND OPINION
In several cases, employers take injured employees to another physician to receive a second opinion for restrictions, lost work time, or medical treatment.  However, according to OSHA interpretation letters, if the first physician to see an injured employee has already treated the employee medically or the employee has actually worked under a work restriction or missed part of a day of work, the recordable case cannot be undone, even if the second opinion is more “authoritative.”

FORGETTING ABOUT THE INJURED EMPLOYEE
Many employers forget about injured employees once they stop reporting for work ("out of sight, out of mind").  This unfortunate practice keeps employers unaware of subsequent physician visits and medical treatments and/or medications prescribed.  If this sounds familiar, you may want to establish a system for keeping tabs on injured employees to avoid information from slipping through the cracks – not only for OSHA’s data, but for information that may allow you to place injured employees on return-to-work restrictions.

For more information, please
contact ESG’s Safety Director.

[Read the rest of this article...]

01
One of the most confusing scenarios for calculating overtime wages is nonexempt employees who are paid semi-monthly.  This is because overtime wa...

[Read the rest of this article...]

01
Determining overtime wages for employees who are paid in a manner other than hourly may give the impression that time records are unnecessary.  U...

[Read the rest of this article...]

Page 2 of 17First   Previous   1  [2]  3  4  5  6  7  8  9  10  Next   Last