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Cal-Osha and HR Consulting Who Are You Going To Call?

Updated on October 28, 2015

Cal-Osha and California Labor Law Compliance and your sign.

Wouldn't it be nice if there really was a sign pointing to the right people to help you out when it comes to compliance? Today there are so many issues that employers must be prepared to deal with, that many of them are doing one of two things. Number one they are burying their heads in the sand, hoping it will all go away.

Number two, they have just decided they are going to risk it. Many times employers feel that since they are making a real effort to do the right thing, that somehow everything will work out. I would love to say that, that is the truth but is simply is not true. I have seen good people wind up in court and lose their business because they thought that being a good person would be enough.

I can certainly understand the frustration. Employers did not get in business to be "Risk Management Experts" Nor did they get into business because they wanted to be weekend attorneys.

A lot of employers still do not want to have an employee handbook because they feel that it will tie them down. And yet without a good employee handbook your policies become your daily activities. Trust me when I tell you that is one of the worst places an employer can be is depending on his/her daily actions to set the tone for the company's policies.

Today one of the best things that can protect your rights as an employer is a good employee handbook

  1. Your "At-Will" policy should be between page one and page three.
  2. Your Sexual Harassment policy will be between page 3 and page 5.
  3. You will have a Social Media Policy that is clearly defined.
  4. You will have established a Policy that lets the employees know that they do not have the right to expect privacy in the workplace.
  5. A good employee handbook will have a solid Bullying in The Workplace Policy with zero tolerance.
  6. If you are in California the New Paid Sick Leave Policy will be spelled out in clarity and detail.

Employers need to understand that an employee handbook is your first line of defense.

Once that first line of defense is pierced the employer could very well be in trouble. Here is something to consider, are your company's policies being enforced equally? Are they being enforced fairly without prejudice? In addition to an employee handbook are providing the necessary training to employees that will protect your company from a potential lawsuit?

For example are you conducting annual harassment training? Legally every year you should be training your employees on what Sexual and other Unlawful Harassment is and explaining to them that you have a zero tolerance for it in the workplace.

If you don't have 50 employees than the training does not have to be that long but every year it is something that all employers should cover. By doing this you can demonstrate that you are being proactive which will help you more than you can imagine should someone file a Sexual Harassment claim.

What about your state and federal postings? Are they current? Has all the information that you must provide to make the posting complete been filled out? I do not see a lot of companies fined even though they could be fined up to $7500.00 dollars for failing to have the most current postings.

The place where this does come back to haunt you is if you are in the middle of an employee lawsuit and you don't have an employee handbook, and you don't have the current state and federal posting, and you are not doing your harassment trainings. At this point all of these things coming together paints a picture that you are an employer who just does not care and this will not help your case.

While we are on the subject of compliance how are you doing with your Cal-Osha compliance matters?

Do you have a current Safety Training Program that meets all eight standards?

Are you doing your periodic inspections of the workplace?

Are you conducting your Safety Training Topics ideally monthly but at least quarterly. If you are in the construction industry you must be doing them every business days.

Have you identified your Safety Officer or Committee in writing?

This is just the tip of the iceberg when it comes to compliance.

In conclusion this is not the day to bury your head in the sand or to give up. This is the day to spend the money and get a Safety/ Hr Consultant and protect your rights as an employer.

In conclusion, while compliance is much more of a challenge than what it use to be it is worth the effort and money and time more than ever before. Should you have any questions I would be more than happy to respond to your comments.

The truth is I am very passionate about the rights of employers, and I an not happy with the box that the government agencies are trying to put employers into.


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