New York Surveillance Of "Texting" Drivers

We all know that if an employee uses either your cell phone or theirs and causes an accident while doing business on the cell phone, your company could be held liable for damages.  That's why we have policies prohibiting employees from using cell phones while driving.  You have a policy?  Right?  We also know that different states have different laws regarding cell phone use, extending to texting while driving? Right?   Well New York is now taking some rather unique steps to catch drivers in the act of texting.

Officers are going stealth mode by using undercover state police cars that are designed to sit higher than a normal SUV.  This fleet of slightly elevated SUVs joined the statewide $1 million anti-distracted driving effort designed to crackdown on texting drivers.  Called "Concealed Identity Traffic Enforcement" (CITE) vehicles, they come in a variety of colors and look like any other SUV.

The penalty for texting while driving?  Under the law, new drivers with probationary or junior licenses can have their licenses suspended for 60 days if caught texting while driving.  Those same drivers could have their licenses revoked for up to six months if caught a second time.

Global Mobility and Crisis Planning

One of the most devastating things that can happen to a family is the unexpected death of a loved one.   You can't plan for it, death tends to come as a surprise.  And when the death occurs overseas the experience is even more traumatic.  The cultural and legal aspects of death and dying are varied across the globe.  Local customs, laws and procedures may not be clearly understood, creating barriers during an already trying time.

While we don't like to talk about the subject of death abroad, and I don't wish to be morbid, we must plan for every possible scenario.   Develop an Emergency Response Plan detailing steps to be followed addressing the death of an employee or any other crisis event such as a disappearance.  When building a plan, consider the following:

Disappearance:

1. Gather information (when/where last seen?  Last contact?  How traveling?  Was s/he seen with someone?  What search efforts have been initiated?)
2. Advise the U.S. State department.

Death:

1. Begin an event log, gathering background information and report crisis developments and responses.
2. Confirm status through local agencies (police, hospital, consulate)
3. Establish communication with family.
4. Seek assistance from U.S. Embassy/Consulate.
5. Contact local police and/or other law enforcement authorities in the country.
6. Coordinate the repatriation of remains. 

On the domestic front we plan for emergencies such as floods and tornadoes.  We follow OSHA guidelines in the workplace for the safety and protection of our employees.  Companies doing business on a global level should review their travel policies and ensure that a protocol has been established for dealing with the illness, injury and/or death of an employee. Ensure that it addresses the medical evacuation and/or shipping of the remains. 

NLRA

Let's talk NLRA for a moment.  There appears to be some lingering confusion.

The federal National Labor Relations Act governs the rights and responsibilities of unions and private employers.  Excluded, with some exceptions, are public employees, independent contractors, employees of Federal, state or local government, etc. 

An employee doesn't have to be a member of a union to be protected under the NLRA as it protects the rights of employees to engage in "concerted activity."   "Concerted activity" takes place when two or more employees take action for their "mutual aid or protection regarding terms and conditions of employment."  This protection can extend to work-related conversations conducted on social media such as Facebook and Twitter.

Many employers prohibit employees discussing compensation or wage levels in the workplace, often communicating that such information is confidential.  These same employers would be surprised to learn that this policy or practice would violate federal labor law.    The National Labor Relations Act contains a provision, Section 7 (29 U.S.C. § 157), that gives all employees the right to "engage in concerted activities", including the right to discuss their terms and conditions of employment with each other. Section 8(a)(1) of the NLRA (29 U.S.C. § 158(a)(1)) makes it an unfair labor practice for an employer to deny or limit the Section 7 rights of employees. Based upon those two provisions, the National Labor Relations Board (NLRB) has taken the position for decades now that employers may not prohibit employees from discussing their pay and benefits, and that any attempts to do so actually violate the NLRA.

A couple of tips:

1. You can't prohibit employees from discussing compensation or benefits, but you can prohibit them from holding such discussions during assigned work hours.
2. Clearly communicate that employees are protected in discussing their own pay as well as pay and benefits of secondary employees if information was obtained through ordinary conversation with the second party. 
3. If information was accessed in a manner that was restricted, such as access to confidential files or other off-limit information, the company can take steps to uphold confidentiality.

Pending Legislation in Texas

Below is a small sampling of employment-related legislation filed in the Texas Legislature.   If passed and signed into law, these will have a tremendous impact on Texas employers.

HB238/SB237
Prohibition of employment discrimination on the basis of sexual orientation or gender identity or expression.

HB321
Deferred adjudication may not be used as a factor in employment decisions, housing or issuance of state licenses.

HB667
Puts leave for foster children on same basis as leave for biological or adopted children.

HB950
Incorporates federal law in the Lily Ledbetter Fair Pay Act of 2009.

HB1829
Relating to safe patient handling and movement practices at hospitals and nursing homes.  No retaliation or discrimination toward staff members who refuse to participate in unsafe handling of patients.

HB1188
Relating to limiting the liability of persons who employ persons with criminal convictions.  Tightens up on standards for proving negligent hiring and supervision of employees with prior convictions.

HB494/SB741
Extends to two years the time limit for filing a wage claim with Texas Workforce Commission.

SB340
If TWC finds bad faith on employer's part for failure to pay wages, it "shall" impose a penalty (instead of "may").

Is Your Office Hazardous To Your Health?

The personal injury law firm of Brent & Adams Associates released a list of the most common worker's comp-worth maladies:

• Repetitive stress injuries, such as carpal tunnel syndrome
• Lifting injuries
• Slip and fall injuries
• Injuries resulting from tripping on stairs or loose carpeting.
• Deep-vein thrombosis, caused by prolonged sitting.
• Strains from bending or falling out of unstable desk chairs.

Who knew that working in an office environment could be so hazardous? 

When people think of occupational safety and health needs, they picture dangers around constructions sites or factories.  However, office workers face many unique challenges to their safety and health.  As an employer you should provide your employees with training and education to improve their workplace safety and health.  Need a resource?  Look to OSHA for guidance.

What 9/11 Taught Me

During the height of the 9/11 attacks, my then supervisor/president contacted me from the other side of the world.  His three words to me, "find our people."  An international company, we had people that traveled 80%+ of the time and their safety was always of significant importance to us.  At that time, traveling on the domestic front, we had people in New York, North Carolina and Massachusetts. 

 

As an employer, we are responsible for the safety of a traveling employee.  Employees who travel for international business are exposed to risks above and beyond those experienced in domestic travel.   (In a USA April, 2012 report, in 2011 International SOS and its partner, Control Risks, evacuated more people - 3,052 - for security reasons than the U.S. State Department. The two firms evacuated 1,500 people from Libya, 1,250 from Egypt, 149 from Tunisia, 127 from Bahrain and 26 from Japan. The State Department says it assisted more than 2,800 who evacuated foreign countries in 2011 and 16,700 in 2010. The State Department, which charges for its evacuations, says it charters transportation when commercial transportation isn't available but "encourages people to prepare their own plans to depart unstable or dangerous situations.")

When your employees travel, do you know where they all are?  Do you have their schedules?  Do you have a way to locate them?  Do you have a way to contact them?  While we cannot eliminate all the risks, there are steps we can take to ensure the safety of our employees when they travel: 

1. Ensure you have a copy of the employees travel itinerary so that you can monitor his/her progress.  Have their meeting schedule and all appropriate contact information.
2. For international travel, have the employee contact the US Embassy at their location.
3. Arrange for periodic check-ins on a regular basis.  If the employee fails to call in, this is a prompt for you to follow up.
4. Maintain a travel roster outlining employee travel schedules and contact information.  Ensure that contact times/dates are tracked.
5. Alternatively, have a dedicated travel website where the employee can advise of their safe arrival at the destination as well as allow for daily self-report.  The same website can provide employees with updated alerts/safety information.   It can generate alerts to the employer of missing self-reports, or travel rosters for all company employees.

What did the events of 9/11 teach me?   My lesson was that it's all about communication.  At a time when I needed to quickly ascertain the location of traveling employees, processes I had put in place served their purpose. 

Workplace Violence

"Workplace violence is now recognized as a specific category of violent crime. . . "  FBI, Workplace Violence, Issues in Response.

 

It is believed that 2 million American workers are victims of workplace violence each year.  2012 statistics reflect that nearly 1 out of 5 occupational fatalities is attributed to workplace violence.  In 2011, 780 fatalities (attributed to violence) occured with men making up the majority of fatal workplace injuries.   Media coverage has a tendancy to create an impression that workplace violence is more widespread than it is.  While incidents of workplace violence are serious, the rates of workplace violence have dropped sharply since the mid-90s.

 

Whether harassment or intimidation, the threat of physical violence or other threatening behavior, the prevention of workplace violence is a major concern for employers and employees.  Employers should train managers and supervisors to recognize the warning signs of potential workplace violence. 

 

Here's a couple of basic steps you can take:

1. Communicate, Communicate, Communicate.  Ensure that the employee has an outlet for frustration.  Allow the employee to vent.  If your organization offers an Employee Assistance Program, ensure employees are aware of it and can use it as needed.
2. Assess your business climate.  Be aware of what's going on in your workplace. Pay attention to unusual changes in employee behavior. Has there been any recent events which could increase the sensitivity of an employee?   (Devil's Advocate here.  A couple of questions.  Do you know the spouse's names of your employees?  How many children they have, their names?  Are they going through a divorce or other life trauma?  If you can't answer these questions, you don't know your employees.  If you don't know your employees, how can you tell if there is something wrong?)
3. Prevention.  Employees spend the majority of their lives in the workplace.  Disagreements are always going to happen, how you handle those disagreements is key.  Potential aggressors can be identified - just look for the warning signs. Warning signs can include strange behavior such as the employee becoming reclusive, erratic behavior, deteriorating appearance.  Other observable warning signs can be emotional problems and/or performance problems.

The 2012 documentary, Murder by Proxy: How America Went Postal, is framed around the USPS shootings that took place in the 80s and 90s. I found the documentary interesting as a provided the perspective of a postal carrier who survived a shooting in 1991 (Royal Oak, Michigan) and his ongoing efforts to urge lawmakers to pass legislation designed to curb workplace employee "abuse."  Not just a film about mass murders, the documentary addresses some of the underlying issues within the workforce that drove individuals to begin killing at random.   

 

In the closing minutes of the documentary, possibilities other than mass workplace shootings are considered.   James Alan Fox, Ph.D., Lipman Professor of Criminal Justice at Northeastern University, states; "Sabotage could be even more deadly and a greater risk to safety than bringing a gun to work." "It could be poisoning products, creating environmental contaminants. . . "  (September 1982 seven people in the Chicago area were killed by Tylenol capsules laced with potassium cyanide.  I don't believe this case was ever solved, so I can proffer the scenario that this could have been the work of a disgruntled employee. )

 

The bottom line? Workplace violence needs to be proactively dealt with.   We can't completely eliminate it, but we can mitigate risk for violence by educating and training our managers, supervisors and employees.

Gun Control?

This morning I began working on a blog addressing gun control in the workplace.  Little would I know that later today, at 1:30PM, a handful of people would be shot at the Lone Star College here in Houston.    I wasn't aware of the situation immediately, being holed up in my office behind a computer screen at the time.   The situation was brought to my attention by a fellow employee whose girlfriend was on campus that day.  Her safety became our immediate concern.  (I'm glad to say she is fine, having been in the Student Services office at the time.)

For employers:
In September 1, 2011, SB321 went into effect restricting public and private employers from prohibiting employees who are concealed handgun license holders, or otherwise lawfully possessing firearms or ammunition, from transporting or storing firearms or ammunition in the employee's privately-owned, locked car on the employer's premises. (This bill does not apply to an employer owned or leased car; most school districts, chemical manufacturers and oil/gas refineries.)

With employers focusing more and more on the safety of employees, some employers feel that SB321 is an infringement on their property rights. Further, that allowing employees to be in possession of firearms on company property endangers all employees by allowing easy access to weapons by any potentially violent or disgruntled worker.

The gun control debate continues to be waged furiously between those who want tougher gun control laws and those who support the right to bear arms under the Second Amendment.   Adding fuel to the fire are employers and employees squaring off on the subject and the potential threat to safety in the workplace. 

The blog on gun control will have to wait until another day.  The subject hit a bit too close to home today.

Marijuana Legalization and Texas Employers

With both Colorado and Washington passing state laws allowing for the legalization of recreational Marijuana use, Texas employers question the impact to their drug testing and substance abuse policies.   Without going into multiple scenarios or explanations, let's go with a short answer.  These laws have little, if any, effect on your policies/programs. 

 

Remember:

1. Marijuana possession is still unlawful under Texas and federal law. 
2. Texas has no law prohibiting employers from taking adverse action against employees engaged in lawful off-duty conduct.  As such, a Texas employer can take disciplinary action against an employee testing positive for Marijuana usage. 
3. Federal law still criminalizes the possession of Marijuana even in states that have legalized it.

Is Workplace Stress a Modern Epidemic?

Remember when 5PM meant the end of a workday?    As a result of  factors such as the economy, job insecurity, or even employer demands, employees remain tethered to work 24/7 through their iphones or Blackberrys.   Face it, we're plugged in and the technology makes us accountable for every moment of our day (just a thought, but working 24/7 shouldn't be a badge of honor).   Let's stop pretending that employees, or you, don't have lives outside of the office and consider how these nonstandard work schedules impact the modern employee and family.
 

Stress is a built-in condition and we're hardwired for it.  In the workplace, those stressors can come from multiple areas or just one.  Workload, lack of appreciation, isolation, conflict, mistrust, lack of direction or just pervasive uncertainty.   When those stressors in your life are always present, it impacts both physical and emotional health. 

Research statistics provided by Statistic Brain in April 2012 (source: American Psychological Association, American Institute of Stress) gave employers an insight into the Top Causes of Stress in the U.S.  The #1 cause of job stress in the U.S. is Job Pressure with contributing factors such as co-worker tension, bosses, and work overload.  

• 77% of the respondents indicated that they regularly experience physical symptoms caused by stress.
• 73% regularly experience psychological symptoms caused by stress.
• 48% feel their stress level has increased over the past five years.

 Additional statistics relating to the impact of stress:

• 48% of respondents say stress has a negative impact on their personal and professional life.
• 31% have difficulty managing work and family responsibilities.
• 30% say they are "always" or "often" under stress at work.

Let's talk about stress's nasty side affects.  Physical symptoms reported by respondents as a result of stress:

• 51% experienced fatigue
• 44% headache
• 34% upset stomach
• 30% muscle tension.

with reported Psychological Symptoms:

• 50% irritability or anger,
• 45% feeling nervous
• 45% lack of energy
• 35% feeling as though they could cry.

Annual costs to employers in stress related health care and missed work?  $300 Billion.

If you want to disregard all of the statistics above, the CDC released their own set of statistics regarding Prescription Anti-Anxiety Drug Use in the U.S. for the period 1988 - 2008.  Think the workforce isn't stressed?  The results by CDC reflected a steady increase in the use of prescription anti-anxiety drugs.  Use by adult women increased from 4% to 5.70% between 2002 - 2008.   Adult population use in 1994 was 2.8%, by 2008 there was an increase to 4.50%.

Let's all take a vacation!  Who's with me?

http://www.statisticbrain.com/stress-statistics/

Employee Actions Off The Clock

In case you missed it, Joseph Andolino, a senior vice president of Halliburton's tax department was arrested in a Harris County prostitution sting along with six other men (reported in the Houston Business Journal).  While there are no reports that he committed the crime on the job, several questions relating to his on-going employment with Halliburton come up.   

 

While I don't think that employers want to overly intrude into the private lives of employees, as an employer do you  have a policy or an employment contract that says an employee may be terminated if s/he engages in criminal conduct?  Do any of your company policies address employees conviction of a crime that indicates unfitness for the job or raises a threat to the safety or well being of fellow employees? 

Texas is an at-will state.  That allows Texas employers a lot of latitude in the hiring and firing decisions.  Essentially an employer can terminate an employee for any reason that is not specifically prohibited by law.  However, state legislation, employment contracts, union contracts or your internal policies may dictate your decision.   An employment clause may provide you with an avenue for dismissal.  But does it mandate the dismissal?

• Do you have to prove that the conduct has a direct impact on the job? 
• Does it compromise the employee's ability to do the job? 
• It is an embarrassment to the organization? 

We all agree that an employer shouldn't keep an employee whose after-work activities affect their job performance.  The general rule is the more off-duty behavior negatively affects the work environment, the more termination and/or discipline becomes a legal and valid option.  But, is failure to take remedial action regarding the off-duty conduct inferring that similar actions are condoned on the job?

 

Companies may face difficulty when dealing with terminating employees for off-duty conduct. Potential results when employee's are fired for off-duty behavior can be negative publicity, low morale and related turnover.   You must consider the nature of the crime and how it affects the workplace.  What effect, if any, does the behavior have to the workplace or the company's image?   Does the behavior justify adverse employment action?

 

If you are considering regulating the off-duty conduct of your employees, there are some things to be considered:

• Is the conduct legal or illegal?
• Is there an applicable law that protects the off-duty conduct of the employee?
• Am I willing to apply this policy consistently?

Jason Bosch, None Of Your Business (Interest):  The Argument for Protecting All Employee Behavior With NO Business Impact: " . . . employees should not have to relinquish autonomy over very aspect of their lives just to get or keep a job.   Employers have a vested interest in controlling those aspects of employee's lives that reasonably affect the employees' performance on the job, but that does not justify giving employers carte blanche to control every aspect of their employees' lives."

EEOC and BellSouth Telecommunications

BellSouth Telecommunications, LLC (Atlanta) will be shelling out $120,00 to two former employees to settle a sexual harassment and retaliation lawsuit.

Two BellSouth female employees were sexually harassed by a male manager of the Kennesaw, GA., call center where they were employed.   According to the EEOC website, immediately upon the managers arrival at the call center, he began making inappropriate sexual comments in the sales meetings.  It didn't end there.  In addition to the comments, he pantomimed engaging in sexual intercourse on the floor of the conference room.  "He routinely and continually talked about sex and asking out women as analogies when giving speeches in sales meetings, and would make sexual comments about the women's attire.  The manager would also hug the women unwantedly when greeting them and move his hand down their backs towards their posteriors when he did so."

Most employers understand that harassment is forbidden in the workplace! Sexual harassment under Texas and Federal law is generally defined as unwanted sexual contact of two main types: (a) quid pro quo harassment or (b) unwelcome sexual conduct that is severe or pervasive enough to create an abusive environment for the employee.

When these two employees complained, BellSouth retaliated.  The employees were denied promotions and demoted. 

While the suit has been settled, BellSouth has denied any liability or wrongdoing.  In addition to the monetary relief, there are provisions for equal employment opportunity training and reporting and posting of anti-discrimination notices.

Just in case you've been hiding under a rock, these alleged conducts violate Title VII of the Civil Rights Act of 1964.   How can you deny liability or wrongdoing?  Honestly?

Moonlighting

As a result of these tough economic times we are seeing more and more employees working a second job.  Recent statistics released by the U.S. Department of Labor's Bureau of Labor Statistics show that 5 percent of Americans held multiple jobs in May 2012.  Can an employee's “moonlighting” create serious problems for an employer?  Can a company restrict an employee’s right to work a second job? 

Oftentimes employers prohibit employees from holding second jobs.  In some instances, the employer can lawfully prohibit or severely limit employees working second jobs.  Specifically those jobs that are medically, emergency or safety related. 

Outside employment can be cause for disciplinary action if the following occurs:

1.     Dishonesty (the employee is taking sick leave to work a second job.)  Recommendation:  Prohibit outside work during normally scheduled business hours.

2.     The second job is negatively impacting the employees’ performance, attendance.  Recommendation:  Prohibit any outside work that interferes with the employee’s job performance. 

3.      There is a violation of a non-compete. 

4.      There is a disclosure of company information.

Creating a separate “moonlighting” policy can be beneficial for your organization.  However, keep in mind that many state laws protect employees’ lives and their ability to make a living.   Focus on the legitimate, employment-related concerns to create and enforce a “moonlighting” policy.

Going Postal - Violence In The Workplace

The 1986 killings by a part-time letter carrier, and his subsequent suicide, was not the first episode of its kind.  From 1983 forward, the United States has become chillingly aware that a trend had been developing with postal workers committing acts of violence against co-workers.   These events raised awareness of workplace violence. The term “going postal” became American English Slang for an individual becoming uncontrollably angry, and often committing violent acts in a workplace environment. 

I’m not going to address whether or not U.S. Postal Service workers are more likely to “go postal” than other employees.  I just want to address workplace violence. 

In 2003, The Federal Bureau of Investigation, National Center for the Analysis of Violent Crime issued a paper titled Workplace Violence, Issues in Response, which stated; “Mass murder on the job by disgruntled employees are media-intensive events.  However, these mass murders, while serious, are relatively infrequent events.  It is the threats, harassment, bullying, domestic violence, stalking, emotional abuse, intimidation, and other forms of behavior and physical violence that, if left unchecked, may result in more serious violent behavior.  These are the behaviors that supervisors and managers have to deal with every day.”

The OSH Act of 1970 General Duty Clause requires employers to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”.  Citations can occur if an employer doesn’t take reasonable steps to prevent or abate a recognized violence hazard in the workplace.  While there are industries considered particularly vulnerable to workplace violence, all companies should take steps to implement effective safety measures to reduce the threat of workplace violence.  In 2011 the U.S. Department of Labor’s Occupational Safety and Health Administration released a new directive on workplace violence. 

According to the Bureau of Labor Statistics, nearly 600 people a year are victims of workplace homicide.  As recent as 2009, homicide was the number one cause of death for a woman on the job.   In 2010, workplace violence accounted for 18% of all work related fatal occupational injuries (assaults and suicides). 

Warning signs that an employee may be contemplating violence include a confrontational attitude, threatening co-workers, clients, customers, or boss, bragging about guns, and/or aggressive behavior.  Take steps to protect your employees: 

• Be aware of the warning signs. 
• Understand your policy. 
• Report to HR and upper management so that the organization can take action to protect its employees.

Workplace violence can affect employees, visitors, customers, and clients, even at times, employee families. Prevention programs that do not consider harassment in all forms and threats are likely to be ineffective. As an employer, we have a legal and ethical obligation to provide employees with an environment free from threats, harassment or violence.

DOL Update: Child Labor Regulations

The DOL has issued new regulations concerning child labor under the FLSA. The regulations are focused on the limitations as to both duties and work hours applicable to 14-15 and 16-17 year olds. The limitations are directed to those in the "non-agricultural" occupations. The regulations address in detail the types of machinery that minors are permitted to operate, as well as barred from operating, as part of their employment.

For additional department please view the DOL website.

OSHA and Black Friday

I’ll admit that I’m a shopaholic. While I do enjoy “stalking” those great sales, I avoid the Black Friday shopping crowds. (Unless you have been living under a rock, you know that Black Friday refers to the annual day-after-Thanksgiving sale among retailers.)

But for those of you that brave the Black Friday crowds, OSHA is concerned about you and your safety. In 2008, a 38 year-old New York Wal-Mart employee was trampled to death after a stampede of Black Friday shoppers rushed into the store. Almost one year later, in the wake of the Wal-Mart tragedy, OSHA issued crowd control guidelines for retailers.

"Crowd control is critical to preventing injuries and deaths," said OSHA Assistant Secretary Dr. David Michaels. "These incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season." (A link to the fact sheet is provided below.)

The Occupational Safety and Health Administration (OSHA) has issued guidelines that are aimed at helping store-owners, and their employees, to eliminate safety hazards. These OSHA guidelines fall into four different categories; Planning, Pre-Event Setup, During the Sales Event and Emergency Situations. Below is a brief review of those guidelines.

Planning: Have trained security or crowd management personnel where large crowds are expected. Create a detailed staffing plan designating the location of each employee. To ensure safety, determine the number of employees that are needed throughout the store, based on the size of the crowd expected.

Pre-Event Set Up: Have barricades or rope lines for crowd management in place prior to the event. The barricades should not start at the entrance to the store to allow for better control of the entrance. Have barricades set up with breaks and turns at regular intervals to reduce the risk of customers pushing from the rear and causing injury to those customers in front.

During the Sales Event: Staff entrances with safety personnel. Have a communication system (e.g., public address system) to manage the crowd, to communicate problems, etc. Announce both internally to employees and externally to customers when the doors are about to open.

Emergency Situations: Do not block or lock exit doors and/or restrict egress. Have an emergency medical response plan in place. Have first aid kits, etc., and personnel trained in their use, on site.

OSHA's role is to ensure safe and healthful workplaces for all employees. Even us shoppers!

https://www.osha.gov/OshDoc/data_General_Facts/Crowd_Control.html.

Emergency Action Plans for Employers

June 1 marked the start of the hurricane season here in Texas. In 2010, Texas experienced $14.87 million in property damage and an additional $4.01 million in crop damage due to hurricanes.

Let's face it, 2011 is already fraught with devastating events across the U.S. Tornadoes ravaged Joplin, Missouri causing damage estimated at between one billion to three billion dollars. A massive blizzard hit Chicago, the third worst snowstorm in the city's history. If you look at the FEMA website (2011 Federal Disaster Declarations) you will find emergency declarations for flooding, severe storms, severe winter storms, Tsunami waves (California and Hawaii), landslides and mudslides. While I'm not expecting a Tsunami wave here in Houston any time soon, hurricanes, related flooding and fires are a real concern. With that being said, do you have an Emergency Action Plan in place?

OSHA (1910.38) requires a company, no matter what the size, to have an Emergency Action Plan in place. The emergency plan must “be in writing, kept in the workplace, and available to employees for review.” Note that employers with 10 or less employees may communicate the plan orally to the employees.

An emergency plan should address all possible emergencies that could happen, from electrical fires to flood, and how your employees are to respond. An emergency plan helps an organization take steps to protect its business, as well as employees, from harm. If a fire breaks out, your facility would have to be evacuated as quickly as possible. Do you have an evacuation plan in place? Do your employees know what steps to take? What steps should your employees take in the event of a bomb threat?

Under OSHA, the minimum elements of an Emergency Action Plan must include:

• Procedures for reporting the emergency.
• Procedures for emergency evacuation including type of evacuation and exit route assignments.
• Procedures to be followed by employees who remain to operate critical plan operations before they evacuate.
• Procedures to account for all employees after evacuation.
• Procedures to be followed by employees performing rescue or medical duties.
• The name or job title of every employee who may be contacted by employees who need more information about the plan or explanation of their duties under the plan.

Further, OSHA requires:

• That an employee alarm system must be maintained and have a distinctive signal for each purpose and comply with the requirements of employee alarm systems.
• Training for those employees who assist in the safe and orderly evacuation of other employees.
• Review of the emergency action plan with each employee covered by the plan. This review should occur when the plan is developed or the employee is assigned initially to a job; when the employee's responsibilities under the plan change; and when the plan is changed.

Emergency Action Plans are vital to protect employees from serious injury, property loss or loss of life, in the event of an actual or potential major disaster. The plan should describe the initial responsibilities and actions to be taken to protect all employees until the appropriate responders take over.

Be prepared - be safe!

Miniature Horses as ADA Accommodations?

Would you allow a Miniature Horse in your organization as an accommodation for an employee with a disability?

Beginning On March 15, 2011, only dogs are recognized as service animals under Titles II and III of the ADA. However, in addition to the provisions about service dogs, the revised ADA regulations address another "service animal" for which a separate provision has been added. This new revision addresses miniature horses that have been trained to work or perform tasks for people with disabilities. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable.

Under these revisions, there is a four-factor test to assist organizations in determining whether or not a miniature horse can be accommodated in the facility. Those assessment factors are:

• Is the miniature horse house-broken;
• Is the miniature horse under the owner's control;
• Can the facility accommodate the horse's type, size and weight; and,
• Does the presence of the miniature horse compromise legitimate safety requirements necessary for the safe operation of the facility?

In closing, carefully review your company policies and practices regarding the use and admittance of Service Animals in your organization.