Don't Do This!!

You hear and read about how important documentation is but what you don't hear is what not to do when you're documenting or speaking to an employee. 

It's very important to follow these basic tips:

1. Be direct and concise about what the employee did and when they did it.
2. Document verbal discussions and warnings you had with the employee.
3. Document the discussed expectations and follow up plans for correction.
4. Remove emotion, sarcasm, the use of "you" and keep a neutral tone in written and verbal form.
5. Focus on facts and do not exaggerate the situation with unnecessary details. 

Examples of what not to do in either written or verbal form:
"Amy just isn't pulling her weight which is causing co-workers to take on extra work."

• Instead: Amy has failed to produce and send ABC reports each Thursday to the accounting department for the last 3 weeks. Because these reports have not been sent, the accounting department must redo their XYZ reports to add missing data never sent by Amy.

"You show no desire to be at work on time and you always have poor excuses."

• Instead: I'm concerned about your attendance. The last two months you've had 6 late arrivals on ABCDEF days and called in without notice twice on XY days without an acceptable excuse or doctor note.

"Yet again, Amy is making mistake after mistake which shows she just doesn't care to do a good job."

• Instead:  Amy has made another mistake on her customer order sheet. This will be her 3rd time to submit a non-complete order sheet. Amy received training on how to properly complete the order sheet on X date and was directed to ask questions if she was unsure on anything.

"You're out again? Can you not work a full week. This is ridiculous."

• Instead: Amy, we hired you to work a full time M-F 40 hour a week position that you accepted. Your repeated absences are interfering with your work schedule as you've only worked one 40 hour week over the last 5 weeks. I need to know how we can ensure that you meet the 40 hour expectation as that's necessary and required of this position.

Under no circumstance should you ever make comments about another employees performance in a public area because people are always ease dropping! Don't create a mess and unnecessary office gossip. Remember that employee performance should always be kept confidential. 

What You Need to Know About Generation "Y" Workers

Generation Y workers have been a hot topic for many as employers try to figure out who they are, what they want and how the employer can not only attract but keep them.   Generation Y is also referred to as the "Millennials." They were born between 1977 and 1997 and have the skills and green minds that a lot of employers want on their team. They are the future of the workplace.   They're tech-savvy because they grew up using technology at a young age and technology and social media is what keeps many employers alive and competitive in today's market.   Generation Y candidates are looking to work with a manager and management team that they can respect and learn from. They also want to work where the environment is positive and people are social. Having a flexible schedule and strong work/life balance is also very important to them. They'd rather work hard and long for 4 days and be off 3 days instead of working the typical 5 day 8-5 job. They're outside life is just as important as their work life. They also prefer to work with a company that is innovative and using the top technologies in their workplace.   Employers should be focusing recruiting efforts by using social media and clever job announcements. Managers should be trained on how to be mentors not just managers. Get to know your people and show a genuine interest in what drives them both personally and professionally.

Lift Employee Awareness About Safe Lifting and Lower Injury Rates

Back injuries caused by improper lifting or overexertion are among the most common of workplace injuries. Good training and frequent reminders can reduce stress factors and reduce injuries.

You can never overemphasize safe lifting. In many workplaces almost every employee engages in lifting at some point during the workday. Some workers, like materials handlers, are constantly lifting and hefting heavy objects.

Safe Lifting Review 
To avoid lifting accidents and injuries, train employees to follow this safe lifting procedure:

• Position your feet a shoulder-width apart and place them as close to the object as possible. Make sure you have good footing so your feet do not slip when lifting. 
• Squat down next to the object by bending at your knees and hips. 
• Pull the load close to your body. When the object is close against your body, most of the weight of the object is supported vertically by your spine. However, if the load is held away from your body, then both vertical and horizontal forces are applied to your spine. Your spine cannot carry horizontal forces very well. 
• Get a firm grip on the object. You do not want it to slip or drop. 
• Tighten your stomach muscles to help support your back. 
• Rise up with your legs. Lifting your chin up will help prevent your bottom from sticking out and causing you to lift with your back instead of your legs. 
• Don't go it alone if the load is too heavy. Get help. 

Tips for Safer Lifting 
Share these tips for safer lifting with your workers:

• Maintain good lifting posture. Keep your back straight and strong at all times. Do not bend over or twist your back. 
• If you lose grip on an object, let it fall. A little damage to a box, container, or other item is nothing compared to a back injury. Attempting to make a quick adjustment in order to hold onto or catch a slipping or falling object will likely result in some type of back injury. 
• Before doing work that requires a lot of lifting, spend a couple of minutes stretching back, legs, and arms. Stretching at the start of each workday will is also a good idea and will improve your back's strength and flexibility. 

Safe Carrying 
Carrying a load properly is a key element to back safety. While many back injuries take place during the lifting phases, many are caused by improperly carrying the object.

Proper load carrying means more than simply holding or supporting the object. Employees should understand the following points about safe carrying: 

• Make sure you can see where you're going. Trying to save time by stacking objects is not worth getting injured because you can't see clearly. Back injuries can also be caused by falling or tripping! 
• Take small steps, and make sure your footing is stable. Be especially careful on steps, ramps, and areas with uneven surfaces. 
• Take extra care if you are walking on slippery or wet surfaces. Even rainwater can cause a surface to become extremely slippery. 
• Don't twist your back when carrying a load. To turn, move your feet rather than twisting your back. 
• If you feel the load is "getting away" from you, stop and lower it to the ground. It is far better to have to lift it again than it is to try and wrestle it while it is being carried. 
• If you feel a load is too heavy to handle by yourself, ask for help carrying it.

Engineering and Administrative Controls

• Encourage employees to use mechanical assist devices to relieve heavy load lifting and carrying tasks. Make sure lifting aids are readily available in areas where needed. 
• Rotate workers through several jobs with different physical demands to reduce the stress on back and upper body. 
• Schedule more breaks for materials handlers to allow for rest and recovery. 
• Vary the job content to offset back stress risk factors. 
• Adjust the work pace to relieve back stress risks and give the worker more control of the work process.

Company Holiday Parties: Could Your Organization Be Liable for a Drunk Driving Accident?

The holiday season is almost upon us, which makes this a good time to talk about company holiday parties and potential liability for the intoxication of employees attending the party.

After attending a dinner purportedly sponsored by her employer, an airline employee got into a car accident with another vehicle, killing herself and the other driver. The administrator of the other driver's estate sued, claiming that the airline was vicariously liable for the employee's intoxicated driving. The employer claimed that Illinois law preempted it from any alcohol-related liability.

What Happened 
The administrator, "Lane," produced evidence that the purpose of the dinner was to entertain the general manager of another branch of the employer, Korean Air, and that it had paid for the bill. The circuit court said this evidence created a genuine issue of material fact as to whether the employee was acting within the scope of her employment when the collision occurred, but it still dismissed the case, agreeing with the airline's claim that state law preempted its liability for the provision of alcohol. Lane appealed.

What the Court Said 
The Illinois Court of Appeals explained that it has "generally refused to impose liability under [state law] on employers who supply their employees with free alcohol at employer-sponsored events."

In reviewing past case law, however, the court cited the case of a business operator who was found to have a "duty of ordinary care” to individuals who were killed because of the negligent operation of a motor vehicle driven by one of its patrons after the business operator “encouraged [an] invitee to bring alcoholic beverages onto its premises in order [to] consume to the point of intoxication; thereafter removed its invitee from the premises because of his intoxication; [and] ordered and assisted the invitee into the driver seat of his vehicle."

The court also cited a case in which two brothers were cleared of a negligence claim for providing alcohol to a plaintiff’s daughter, but were held liable after "voluntarily undertaking to care for her after she became unconscious" and not doing so. This ruling showed that an act of omission, as well as affirmative misconduct (such as placing an intoxicated individual in his car), could result in liability. These cases established "a difference between claims arising from the defendant's provision of alcohol and claims based on other theories of liability."

Lane argued that a jury could find Korean Air vicariously liable under the theory of respondeat superior for the employee’s negligent driving. Since the lower court had already determined that it was at least possible that the employee had been acting within the scope of her employment at the time of the accident, appellate judges agreed and allowed her case to go forward.

Source: Safety Daily Advisor

Preparing for the Holiday Fire Season

Winter is a season to be particularly careful about fires, starting with cooking fires, which increase during Thanksgiving celebrations, and continuing all the way through New Year's Day. The season’s many holidays increase the danger of structural fires and fires related to candles and decorations, according to studies published by the U.S. Fire Administration, insurance companies, and safety interest groups.

USFA's January 2005 report, "The Seasonal Nature of Fires," said about 5,200 Thanksgiving Day fires in 2001 and 2002 required a fire department response and caused 11 deaths, about 51 injuries, and $21 million in property losses. Cooking caused about 43 percent of those fires, with ovens and cooking ranges ranked as the leading type of equipment involved in Thanksgiving Day residential structure fires, the report states.

The report defined the winter holiday season as Dec. 1 to Jan. 7 and says each of the holidays within that period "has the potential to change the profile of fire incidence and cause." Decorations, candles, electric lights, and live Christmas trees can be involved in holiday fires; the report says both Christmas and New Year's in 2001 and 2002 experienced more than twice as many structure fires caused by open flame compared with the average day in those years.

Winter fires also were more severe than average fires during the year and resulted in more injuries and more deaths, the report shows. While cooking fires increase on Christmas Eve and Christmas Day, there are fewer vehicle fires on Christmas Day than the year-round daily average. The total average dollar loss from an estimated 12,600 fires on Dec. 24, 25, and 26 fires in the two years was nearly $92 million, it states.

An excellent resource about fire safety for all seasons is NFPA's blog, located at http://nfpa.typepad.com/nfpablog/. Recent posts by the staff have discussed a new FDA initiative with partner organizations to prevent surgical fires, fire safety related to Halloween, the opening of a Denver field office by the NFPA Wildland Fire Operations Division.

By Jerry Laws

Tips for Organizing Personnel Files – Reward: Limiting Risk!

Did you know it’s important to keep certain personnel records separate? Well it happens to be very important.  Quite simply, you should have at least 2 separate personnel files for each employee.

Why should we have separate files for each employee? 

There are both federal and state laws that require employers to administer and maintain multiple types of personnel records. Due to record sensitivity and subject matter, certain personnel records must be kept separate from the main personnel file. The primary file should house all records directly relating to the employees position with your company. Any non-job related records must be kept separate.

PRIMARY Personnel File (#1) - employees' personnel related records:  

• Completed Job Application (with attached resume, references, certificates etc)
• Signed acknowledgement and receipt of  handbook (policies/guidelines)
• Employee agreement/non-compete (contract)
• Direct Deposit & Payroll authorization forms
• Change forms (pay, title, payroll, address etc)
• Performance reviews
• Counsels / disciplinary actions (completed forms)
• Termination forms / layoffs / LOA
• Equipment record (assigned items – company phone, vehicle, tools etc)

SECONDARY Personnel File (#2) - confidential, sensitive records:

This file will contain confidential and sensitive personnel information so should be restricted to authorized staff members only: 

• Completed Form I-9
• Records of grievances or complaints affecting employment status
• Survey of ethnic, disabled or veteran status
• Workers’ compensation claims
• Discrimination claims, charges and related documents filed with EEOC or state agencies, as well as records kept by employer to aid in investigations
• Health and Life information (medical history and status)
• ADA - Work restrictions or accommodation requests
• Harassment claims and/or investigation results
• Wage garnishment records

Keep your employee personnel files separate to protect your company and your employees. Failure to keep certain records separate could lead to large fines should your company ever be audited. 

Workplace Cancer Risks

Though your workers might associate cancer worries with the food they eat or the air they breathe, the truth is that there are cancer risks in the workplace, including:

1. UV exposure for outdoor workers
2. Secondhand smoke exposure
3. Carcinogenic chemical exposure

1. No Skin Off Your Back?


If you have outdoor workers, advise them that if they notice the following changes to their skin, report to their supervisor immediately:

• Any change on the skin, especially in the size or color of a mole or other darkly pigmented growth or spot, or a new growth
• Scaliness, oozing, bleeding, or itchiness, tenderness, or pain
• Dark coloring that spreads past the edge of a mole or mark

They should also see a dermatologist, because these symptoms may indicate skin cancer. Review your workplace's precautions and protection procedures with your outdoor workers.

2. Great American Smokeout


On the third Thursday of this month (November 17), the American Cancer Society (ACS – www.cancer.org) will observe its annual day of encouragement and empowerment for smokers to quit. Remind your workers of these statistics that ACS has gathered on how stopping smoking can increase life expectancy.

• Smokers who quit at the age of 35 gain an average of 8 years of life expectancy;
• Quitting at the age of 55 gains about 5 years; and
• Quitting at the age of 65 gains 3 years.

The ACS Great Americans website includes many helpful tips, programs, and calculators to help smokers quit. This is the year, and this is the day. Encourage your workers to do it!

3. Chemical Carcinogens


Millions of U.S. workers are exposed to chemical materials that could be carcinogenic. If any of your workers are in this group, train them to take these steps to protect themselves from carcinogen exposure:

• Enter regulated areas only if you're assigned and authorized.
• Wear assigned, undamaged personal protective equipment (PPE).
• Inspect PPE before use to be sure it's undamaged and fits properly.
• For standard operations in a regulated area, wear:
  • Coverall, smock, long-sleeved shirt and pants, or other full-body protection
  • Gloves
  • Shoe covers
  • Half-face, filter-type respirator.
• For tasks with risk of direct carcinogen contact, wear:
  • Impervious clothing, gloves, and boots, and
  • A continuous-air supplied hood.
• Don't keep or use food, beverages, cosmetics, smoking products, or chewing gum in regulated areas.
• Remove PPE properly when you leave a regulated area.
• Leave used PPE in area assigned for decontamination and/or disposal.
• Wash hands, forearms, face, and neck before leaving the area.
• Shower at the end of the shift or immediately after direct exposure.
• Put on street clothes in the clean change room. Do not take contaminated clothing, PPE, or materials home.
• Follow decontamination procedures for materials and equipment.

Safety Daily Advisor  

Tips for Organizing Personnel Files – Reward: Limiting Risk!

Did you know it’s important to keep certain personnel records separate? Well it happens to be very important.  Quite simply, you should have at least 2 separate personnel files for each employee.

Why should we have separate files for each employee? 

There are both federal and state laws that require employers to administer and maintain multiple types of personnel records. Due to record sensitivity and subject matter, certain personnel records must be kept separate from the main personnel file. The primary file should house all records directly relating to the employees position with your company. Any non-job related records must be kept separate.

PRIMARY Personnel File (#1) - employees' personnel related records:  

• Completed Job Application (with attached resume, references, certificates etc)
• Signed acknowledgement and receipt of  handbook (policies/guidelines)
• Employee agreement/non-compete (contract)
• Direct Deposit & Payroll authorization forms
• Change forms (pay, title, payroll, address etc)
• Performance reviews
• Counsels / disciplinary actions (completed forms)
• Termination forms / layoffs / LOA
• Equipment record (assigned items – company phone, vehicle, tools etc)

SECONDARY Personnel File (#2) - confidential, sensitive records:This file will contain confidential and sensitive personnel information so should be restricted to authorized staff members only: 

• Completed Form I-9
• Records of grievances or complaints affecting employment status
• Survey of ethnic, disabled or veteran status
• Workers’ compensation claims
• Discrimination claims, charges and related documents filed with EEOC or state agencies, as well as records kept by employer to aid in investigations
• Health and Life information (medical history and status)
• ADA - Work restrictions or accommodation requests
• Harassment claims and/or investigation results
• Wage garnishment records

Keep your employee personnel files separate to protect your company and your employees. Failure to keep certain records separate could lead to large fines should your company ever be audited. 

Maximize Employee Involvement for a Safer Workplace

Leader commitment and employee involvement are two "must haves" for a safe workplace. OSHA stresses their importance in standards and guidance documents. Consultants and unions encourage them. And safety managers of safe businesses attribute their success to them.

Certified safety professional Julie Sobelman, who oversees a large and diverse employee population as senior EHS consultant to the U.S. State Department, explained how to maximize employee involvement by keeping safety and health front and center all year long.

She advises building a 12-month safety calendar with low-cost programs that get people engaged. She says that safety and health should be integrated into work and culture, not stand-alone programs. "It's about creating a maximum opportunity for maximum participation."

Mix It Up
Sobelman reports that she always has at least one ongoing initiative in place. An example is Report It, Don't Ignore It, which encourages employees to report incidents, hazards, and near misses. The name of every employee who submits a report during the month is entered into a drawing. Winners receive a coin, which buys them an hour off work.

In addition to ongoing programs, Sobelman recommends short-term awareness efforts—for example, a forklift rodeo at a large warehouse operation.

A third category of safety program to encourage employee participation is what she calls "quick hits." These appeal to a broad demographic. An example would be a fall or spring campaign to change batteries in home smoke detectors when employees change their clocks. A minimotivator, like a pack of batteries, could be offered to encourage participation.

Source: Safety Daily Advisor - BLR

How to Determine if You’re Communicating Clearly!

Almost everyone thinks they’re a good communicator. Are you one of those “It’s always them not me” mentality when something goes wrong because you know you told them to do it. Well the harsh reality is it’s probably just as much your fault the communication failed if not more.

So how do you make sure that you’re communicating clearly? Read body language.

The fact is that the employee doesn’t want to seem annoying or show confusion by asking questions when given direction. You have to keep that in mind and know what to look for so you can ask them the right questions to ensure they understand and heard you clearly.

Employees are known to do one or more of the following when confused: 

1. Squint eyes
2. Avoid eye contact
3. Tilt their head
4. Close their mouth and keep their mouth closed
5. Lower their eyebrows
6. Cross their arms and legs 

If you see any of this type of body language then you are probably not communicatingclearly. Ask the employee to restate what you asked them to do to make sure they heard you right. If they get it wrong then say “Almost, but this is what I actually need...”.

Don’t be the person who spits it out and walks off and then becomes angry when the task wasn’t completed properly. Engage the employee, be aware of their body languageand ask questions to ensure clarity.

Texas Law on Personnel Files!

Did you know that if an employee requests a copy of their personnel file that you don’t have to provide it to them?

Did you know that if a disgruntled current or past employee’s lawyer requests a copy of the employees personnel file that you don’t have to provide it to them?

In Texas private employers are given the right to determine whether or not they wish to hand over a copy of an employees personnel file. Employers typically have their own confidentiality policy regarding personnel files which allow employees to view their file at any time. Other employers also allow employees to have copies of all documents signed by the employee. Neither is required but typical practices among Texas employers. It’s important to remember to follow your own company policy and to be consistent.

You can find more information on Texas law regarding personnel files by visiting http://www.twc.state.tx.us/news/efte/personnel_files_general.html.

Taxpayers May Benefit From IRS' Newly Announced 2012 COLA Adjustments

As a result of the rising cost of living, the Federal income tax brackets will jump higher and taxpayers will be able to set aside an extra $500 in their 401(k) plans in 2012. The IRS recently announced their cost-of-living adjustments (COLA) for 2012 which are triggered when certain statutory thresholds are met. Highlights of the 2012 adjustments include:

• The 401(k), 403(b) and most 457 plan contribution limits will increase to $17,000 (up from $16,500 in 2011). However, the catch-up contribution limit for those aged 50 and over remains unchanged at $5,500 in 2012.
• The modified adjusted gross income limits for taxpayers that are covered by a workplace retirement plan and want to make deductible contributions to a traditional IRA will be phased out for singles and heads of household between $58,000 and $68,000 (up from $56,000 and $66,000), and for married filing jointly between $92,000 and $112,000 (up from $90,000 and $110,000).
• For an IRA contributor who is not covered by a workplace retirement plan and is married to someone who is covered by a plan, the deduction is phased out if the couple's income is between $173,000 and $183,000 (up from $169,000 and $179,000).
• The AGI phase-out range for taxpayers making contributions to a Roth IRA is $173,000 to $183,000 for married couples filing jointly (up from $169,000 to $179,000). For singles and heads of household, the income phase-out range is $110,000 to $125,000 (up from $107,000 to $122,000).
• The IRS announcement on cost-of-living adjustments for 2012 also affects the standard deduction, the personal exemption and the 2012 tax bracket thresholds as well;
  • The personal and dependent exemption will increase to $3,800 (up from $3,700 in 2011).
  • The standard deduction for married couples filing jointly will jump to $11,900 (up from $11,600) and for single filers and couples who file separately will jump to $5,950 (up from $5,800).
  • Tax bracket thresholds will also rise. For example, for married couples filing jointly, the 25% bracket will kick in at $70,700 (up from $69,000) this year. For single filers, the 25% bracket will start at $35,350 (up from $34,500). The top income tax bracket of 35% will apply to taxable income exceeding $388,350 for married couples and individual filers (up from $379,150).
• The estate tax exemption for 2012 will be $5.12 million (up from $5 million in 2011). The higher threshold is scheduled to expire at the end of 2012 and the $1 million limit under previous law is set to return in 2013.
• The annual exclusion for the gift tax will remain $13,000 for 2012.

Source: UHY LLP News Alert  

Terminating Your Employees

Employers fail to properly handle employee terminations and because they don’t manage their employees properly they put the company at risk for potential legal problems. 

There are really 3 main reason why employers terminate employment. Employee’s are typically either terminated due to poor performance, misconduct or absenteeism. 

Employer should be able to say yes to the following:

1. Has the employee been properly trained?
2. Has the employee been given a proper job description and outline of performance standards/expectations?
3. Does the employee know the proper code of conduct and which behaviors would be considered as misconduct?

If the employer can say “yes” to the above questions then they can start having formal discussions with the employee.

Employer should’ve had at least 2 discussions with the employee about their concerns with their performance, misconduct and/or absenteeism.  The employee and employer should’ve agreed on an action plan for improvement in paper form and signed agreeing that performance must improve or  disciplinary action, up to and including, immediate termination.

If the employee still fails to improve  then you can terminate safely. You should have documentation on the performance discussions and a signed action plan to improve performance.

Remember that documentation is key. If you can’t prove that it happened then it never did.

Far too many employers just have verbal warnings and discussions with employees and find themselves in a bind when an unemployment claim or EEOC claim arrives in theirmailbox. Don’t be one of those employers!

Breast Cancer Awareness Month

October is Breast Cancer Awareness Month (www.nbcam.org), so it’s a good time to give a brief wellness training on this topic. According to the American Cancer Society (ACS – www.cancer.org), more than 200,000 women a year—and 2,000 men—are diagnosed with breast cancer. It makes sense to focus this training on breast cancer in women, but let your male workers know that the ACS website has information for men in its “Detailed Guide: Breast Cancer in Men.”

Researchers don’t know what causes breast cancer, but they have identified several risk factors. The National Cancer Institute (NCI – www.cancer.gov) lists the following factors as increasing the chances of breast cancer. Give employees this list and have them privately check off how many factors apply to them:

• Age—most cases occur after age 60
• Personal history—cancer in one breast increases risk for the other
• Family history—chances increase if mom, sister, or daughter had breast cancer
• Breast changes—certain types of abnormal cells increase risk
• Gene changes—genes include BRCA1 and BRCA2
• Reproductive history—no children or late children increase risk
• Menstrual history—pre-age 12 menstruation and post-55 menopause increase risk
• Race—white women more at risk
• Radiation therapy to chest—before age 30 increases risk
• Breast density—more dense tissue and less fatty increases risk
• Weight—overweight or obese after menopause increases risk
• Activity level—less activity = greater risk
• Alcohol—more alcohol = greater risk

If your workers checked factors that are under their control, e.g., weight, activity level, or alcohol, encourage them to make the changes they need to lower their risk. If they checked factors they can’t control, e.g., age, history, or race, urge them to get regular screenings for early detection—and their best chance for survival.

Regardless of a person’s factors, the good news is that early detection of the disease greatly increases one’s chances for survival. The ACS reports that when breast cancer is detected while it is still localized, which means it hasn’t spread to the lymph nodes, the patient’s 5-year survival rate is a whopping 98%. In fact, the ACS says there are more than 2 million breast cancer survivors in the United States.

Give your employees these ACS-recommended steps:

1. Breast self exams (BSEs)—women in their 20s should begin doing these regularly.
2. Clinical breast exams—women in their 20s and 30s should get these exams every 3 years as part of their physicals, every year when they reach their 40s and beyond.
3. Mammograms—women in their 40s should begin getting these annually.

Why it Matters

• Breast cancer is a fairly common—and highly treatable—disease in women.
• Even men can be diagnosed with breast cancer.
• Early detection and treatment can lead to a 98% 5-year survival rate.
• Giving employees the facts about this common disease can help keep them healthy and productive at work.

http://safetydailyadvisor.blr.com/

Simple Words that can Motivate Employees in a Down Economy

The economy is still down and many companies have closed their doors and just as many have had to consider doing so at one time or another. Motivation and morale is hard to come by in the workplace when the economy is down and your company isn’t doing as well as you or your employees would like. This is an unfortunate truth but certainly a reality for many.

So what can you do to help lift spirits? How can you get your team motivated to reach and succeed company goals necessary to keep your doors open?

Well, it’s simpler than you may think. Some of the best and simple words that a manager can speak to their employees to help motivate and build morale are as follows:

1. Thank you (or) I appreciate your help
2. I made a mistake (or) I was wrong
3. What do you think
4. Great Job (or) Well done

All though these are simple, managers fail to use them as much as they should or even fail to use them at all.

It’s also important to do the following:

1. Recognize your employees – verbally, in written form, public praise. These are all FREE!!
2. Ask for input and ideas – when your meeting with your staff make sure to ask them for their input. This is motivating to employees and it makes them feel valued. Implement as many ideas as you can, as long as they’re practical.

Simple phrases remind employees that they matter and when a manager can recognize their good work then your team will be far more motivated to achieve desired results. Your employees need you to lead the way and if you’re not motivated then it’s definitely hard for them to be as well. Yes the economy can be stressful but it’s up to you and your team to pull together and succeed.

Start speaking these simple words to your staff today.

National Fire Prevention Week 2011

National Fire Prevention Week 2011 will be observed Oct. 9-15. This year’s theme is: Protect Your Family from Fire, and according to FEMA Regional Administrator Ken Murphy, the 2011 campaign is all about keeping ourselves, our families, and our communities safer from fire.

“Annual observances like National Fire Prevention Week are excellent opportunities to focus on fire hazards—but we should all practice fire safety every day—at work, at play, and particularly at home,” Murphy said. “The most common causes of home fires include cooking, heating, electrical malfunction, smoking materials, and candles.”

Safety tips to reduce home fires include:

• Stay in the kitchen when you are cooking. Many cooking fires start from “unattended” cooking.
• Have heating equipment and chimneys inspected and cleaned annually.
• If you smoke, smoke outside.
• Keep flammable materials away from light bulbs, light fixtures, and lamps.
• Use flashlights during power outages, not candles. If you do burn candles indoors, blow them out before leaving the room, and keep them away from things that can burn.

Murphy also cautions against complacency. “It’s officially Fall, and as temperatures become cooler, the rate of fire and fire-related deaths increase. FEMA and the U.S. Fire Administration (USFA) offer a wealth of safety information, fire prevention tips and resources online: www.fema.gov and www.usfa.dhs.gov,” Murphy said. “I encourage everyone to contact their local fire department to learn more about making their homes safer from fire, or how to best participate in fire prevention activities.”

Source: ohsonline.com

Tips for Addressing Disrespectful Employee Behavior

Unfortunately some employees will behave in a disrespectful manner to either their manager or to their peers from time to time. It’s the manager’s job to observe, address and correct disrespectful behavior in the workplace.   

What are examples of disrespectful behavior? 

• Bullying
• Ignoring requests
• Eye Rolling
• Dirty Looks (unpleasant expressions)
• Sighing
• Clicking your tongue
• Giggling conspiratorially with another coworker
• Conduct, comment or display of behavior that would embarrass, humiliate, demean or belittle a person
• Offensive or inappropriate remarks or gestures
• Offensive or inappropriate jokes, including practical jokes
• Swearing
• Actions that invade privacy or personal property
• Rude comments including sarcasm
• Posters, calendars, cartoons that cause offense
• Spreading Rumors and gossip that could damage a person’s reputation
• Display or distribution of printed or electronic material that would offend
• Verbal abuse including yelling and name-calling
• Shunning, ignoring or isolating an individual
• Abuses of power such as threats, coercion or bullying 

Disrespectful behavior in the workplace can affect the overall work environment because it can cause tension in the workplace. Employees may feel uncomfortable coming to work and/or interacting with certain team members and overall employee productivity will be affected.   

The best tip is to always address poor behavior immediately. Do not wait until later to address poor behavior. Managers should not tolerate behavior that is unacceptable, negative and detrimental to the team. Far too often managers tolerate poor behavior and this tells the employee(s) that their behavior is acceptable. This in turn creates a culture for the company which teaches others that certain behaviors are “ok” causing more people to participate in the same poor behavior.  

You’re the manager. You have the right and duty to correct unacceptable behavior. Correct poor behavior as it occurs with an immediate verbal counsel. If the employee continues to display the same or similar behavior then the manager should have a formal counsel with the employee. The counseling should outline unacceptable behavior in the workplace and the employee should understand that disciplinary action will result if the employee participates in such behavior moving forward.

Part 2 – How to Address Troublesome People Effectively

After you’ve addressed the issue with the employee you need to discuss the solution and expectation moving forward. Have the person confirm that “I won’t do that anymore.”

Document, Document & Document.

As a manager you should always be practicing documentation. You never know when another issue will arise and you always want to ensure that you have proper documentation if anything does happen in the future. You should document the issue and file the details in the employees personnel file.

So what happens when you don’t address employee issues?

If you don’t confront problem employees expect the following to occur:

• Poor productivity.
• Increased problematic behavior as they realize they won’t be punished.
• Loss of business due to difficult employee’s poor ability to interact with others.
• Loss of talent because people get tired of dealing with an employee that gets away with things.
• Rule violations & inconsistency throughout the team.

Again, sometimes being a manager isn’t all that great when you have to address challenging employees who display unacceptable, unprofessional and disrespectful behavior. But to be an effective manager you must address these challenges and address them adequately or your workplace will suffer the consequences of ignored problematic behavior.

Brain research conducted in the past decade has found that moving from a sitting position to a standing position increases oxygen to the brain by 15 to 20 percent and that more oxygen in the brain means better learning.

"It's as simple as that," says Sharon Bowman, president of Bowperson Publishing & Training and author of Using Brain Science to Make Training Stick, her latest book.

"Movement—any kind of motion—increases oxygen to the brain, thereby giving the brain a cognitive boost. Conversely, sitting for extended lengths of time makes thinking and learning more difficult to do because the oxygen levels in the body decrease," Bowman explains.

She maintains that trainers need to build in opportunities for learners to move around during training. For example, have a "body break" at least every 10 to 20 minutes, trainees should be encouraged to:

• Stand and stretch; 
• Turn and talk to those around them; 
• Bend and write; 
• Wiggle their arms and legs; or 
• Roll their heads and shoulders.

Part 1 – How to Address Troublesome People Effectively

Sometimes being a manager isn’t all that great when you have to address challenging employees who display unacceptable, unprofessional and disrespectful behavior. But to be an effective manager you must address these challenges and address them adequately.

Too many mangers tolerate poor behavior because they do not like confrontation and having “the talk” so they’d rather see if it goes away on its own. Unfortunately, very rarely does poor behavior ever go away on it’s on. You have the authority to correct employee behavior so embrace it and take charge just as you should.

The most important goal for every manager should be to ensure that every issue is handled as quickly as possible. Immediate reprimand and corrections are ideal as the incident is fresh and can be addressed more adequately. Waiting to address issues can result in forgetting exactly what happened or the employee not really remembering what it was that they did wrong.

• As a manager you must immediately address the behavior as soon as it happens.
• Describe the poor behavior in detail so they understand exactly what they did.
• Be clear on its impact and how it’s detrimental to their success as a team member.
• Be clear and firm with the employee. They need to understand 100% that the behavior is unacceptable and will not be tolerated again. Don’t ‘beat around the bush’ to make the employee feel better.
• Make sure the employee understands and agrees that a problem exists and that the behavior needs to be corrected.

Five Form I-9 Mistakes & How to Avoid them!

1. Not processing Form I-9 timely or at all! - You only have 3 days from the date of hire to verify the employees eligibility to work. Even if the new hire only works 2 days you must still have verified their employment and have a complete and accurate Form I-9 on file. 
2. Asking the applicant if they're eligible to work! - You never ask this question. You simply administer the Form I-9, provide the list of acceptable documents and explain that you need either an item for Column A or 1 item in both Column B & C. If they cannot provide any of the acceptable documents then you simply state "I'm sorry but we are required to verify whether or not your eligible for employment. If you're unable to produce documents outlined in the Form I-9 then we cannot employ you." 
3. Not keeping records for the required time period! - Form I-9 must be retained either three years after the date of hire, or one year after the date employment is terminated, whichever is later. 
4. Re-verifying all employees eligibility to work annually! - You can only re-verify I-9 forms for employees with expiring work authorization. You do not re-verify driver's licenses, U.S. passports or permanent resident cards or you would be considered non-compliant. 
5. Failing to make a good faith effort in complying with I-9! - Take this seriously. Don't be comfortable with feeling as if your somewhat compliant or compliant enough. Designate a point person who ensures all "t"s have been crossed and all "i"s have been dotted. You will always be happy that you made than effort. 

Don't be one of the audit stories where ICE found you to be non-compliant! Not only does it damage your reputation as a company but it can cost you thousands of dollars.

Be proactive! Audit your own practices and document all of your efforts. Documentation is key.

The Case of the Inadequate Machine Guard

Machine guards are critical to the safety not only of machine operators but also of employees who work around machines. Here's a case in point. 

An employee was sweeping the floor around a machine in operation.

Please note that written work rules did not specifically address an acceptable method of cleaning around machinery in operation. Nor was there any guarding around this machine's belt and pulley assembly. 
The employee reached under a belt and pulley guard with a hand brush in her left hand. Her glove was caught by the in-running portion of the notched flat belt, which was approximately 16 inches from the floor. Her left hand was pulled into motor pulley, causing two compound fractures to her left arm and damage to the hand, including the complete loss of the middle and index fingers.

What Went Wrong

• By reaching under the guard and under the machine, the employee put herself in danger. 
• The employee did not inspect the machine's guard to ensure it was adequate such that it would prevent her from touching or being caught in the machine's motion. She didn't know she was supposed to. 
• The guard did not completely cover the hazard. According to OSHA's inspection, there was a 4-inch gap between the guard and the machine body, which means a worker could have reached into the gap from the top or the sides. Also, the bottom of the belt and pulley, which was 16 inches from the floor, was not guarded at all. 
• The employee attempted to clean under the machine while it was still in operation. If the employee had waited for the machine to stop operation, then applied lockout and tagout to the machine before cleaning under it, she would not have been injured. 
• According to the OSHA inspection, there appeared to be a lack of written work rules regarding cleaning around machinery—especially when it is in operation. 
• There also appeared to be a lack of training because the worker did seem to be aware of machine hazards, the importance of guard inspections, or lockout and tagout practices. 

Training Implications 

• Train employees to stay away from any machinery unless they are properly trained on the machine's hazards, guarding requirements, and how to safely work on or near the machine. 
• Teach employees who work around machinery to identify machine hazards (e.g., cutting action, punching action, shearing action, and nip points) and the location of those hazards. 
• Instruct machine operators to make sure all machines are properly safeguarded and that machine guards are in place and operating properly before operation. 
• Teach employees about OSHA's guarding requirements—for example, that guards must prevent bodily contact with the danger zone, be secured to the machine, prevent objects from entering the danger zone, and so on. 
• Tell workers who to contact if a guard is missing, damaged, or inadequate, and instruct them not operate the machine until the guard is fixed.

by Chris Kilbourne

It’s Worth Paying Attention to Payroll

It’s safe to say that days ending in ‘y’ and starting with ‘pay’ are a favorite across the board when it comes to your employees. So it shouldn’t be difficult for us to remember how important the payroll function of our companies is; however, we do. Of course, we all like receiving out paychecks on a consistent, timely basis and, once in a while, remember to thank the payroll clerk for his or her efforts. But payroll processing can be a complex matter, one that requires diligent attention to detail and specific third-party mandates, specifically in the realm of health insurance.

A recent appellate court decision from the Tenth Circuit, Hansen v. Harper Excavating, Inc., reminds employers of the hazards of enrollment mistakes. This appellate court decision centered around an employee who was advised when first hired that he would be eligible under his employer’s health plan after a 90-day waiting period. Upon hire, the employee completed health insurance paperwork. Three months later, the employee discovered that the health insurance premiums were not being deducted from his pay. The employer’s benefits coordinator told the employee that his original paperwork had been lost and had him fill out a new set of enrollment forms, which she sent to the employer’s health insurance provider. The employer began regularly deducting premium payments from the employee’s paycheck henceforth.

However, after the employee quit his job a few months later, he learned that he never had coverage because the insurance policy actually specified a 60-day waiting period and required employees to apply for coverage between 60 and 90 days after starting employment, ultimately rendering the employee’s enrollment untimely. In other words, the 60 to 90 day window had passed by the time the employer actually submitted enrollment materials for the employee resulting in the insurance carrier rejecting the enrollment materials submitted by the employer. Later hospitalized, the employee sued in federal court to recover the unpaid medical expenses.

The federal trail court held that is was a breach of the employer’s ERISA fiduciary duty to provide inaccurate enrollment information and fail to inform the employee that his coverage never became effective. It then ordered the employer to pay over $57,000 in medical expenses plus over $102,000 in attorney’s fees and costs. The employer did not appeal this trail court determination – paying over $150,000 to an employee who worked for the excavation company for just six months.

After learning more about the employer’s actions through the first lawsuit, the employee filed a separate state court action. In this case, the employee asserts claims such as fraudulent nondisclosure, negligent misrepresentation, breach of the covenant of good faith and fair dealing and special damages—all based on an alleged worsening of the employee’s medical conditions caused by lack of regular medical care. Among other conditions, the former employee had spinal cord damage and blindness in one eye. The parties are still litigating these as state law claims.

Harper Excavating’s experience is a cautionary tale about the hazards of simple enrollment mistakes. To help avoid these mistakes, employers sponsoring insured plans must:

• Be vigilant about understanding their insurers’ enrollment requirements
• Provide clear communications to employees
• Carefully track deadlines and paperwork

If, as an employer, you do not have the internal human resources expertise or bandwidth to perform this function with the necessary attention to detail and accuracy, you might wish to work with an experienced payroll service or professional employer organization.

This case demonstrates that the simple mistakes in payroll processing and health plan enrollment can be quite costly for employers. These mistakes can be easily avoided with a few easy steps, helping to ensure that pay day remains a happy one for your company.

By: Anne Wilde, The Idaho Business Review

Inexpensive Ways to Boost Employee Morale!

Employees are more beat down than ever and its affecting performance and the overall work environment. Maybe the beat down is a result of 100 degree weather, high electric bills, gas and food prices and/or work stress. Regardless of the cause, employees are losing their spark and its your responsibility as the employer to help employees get back in the groove and stay motivated.

Examples of inexpensive morale boosters:

• Jean Fridays!
• Pot luck lunches!
• EOM raffle drawings for employees who didn't miss work any days for whole month!
• Rearrange the office setting!
• Desk / Office Decoration contests!
• Theme day - Dress like someone from a favorite t.v. show or movie!
• Bring in Donuts!
• Buddy Lunch! Put employee names in a hat, employees draw name!
• Start meetings by having each attendee pick one thing they've accomplished that they're proud of that week.
• Employee Recognition!

There are endless ways employers can boost morale. Be creative and think outside the box and you'll be amazed at what you come up. Happy employees = Happy employer.

Well-Conditioned Backs: Key to Injury Prevention

Exercise is an important part of back safety. Even moderate amounts of exercise can help prevent painful back injuries at the workplace and at home.

When you think about back safety, think about back conditioning. Back conditioning is easy to do and will help to strengthen employees' backs as well as improve flexibility. Strength and flexibility are key elements to preventing back injuries on and off the job.

Back conditioning does not have to be complicated or expensive. By doing a few simple things, employees can improve the overall health of their backs and associated muscle groups.

Here are some key elements of a well-conditioned back:

• Physical conditioning. Physical conditioning of the back means not only improving back muscles but also related muscles such as the ones in the stomach and thighs. Regular exercise should help keep the back strong, maintain your flexibility, and prevent strains and sprains. 
• Flexibility. Staying flexible and limber is also important. A back exercise program should emphasize flexibility so that workers can bend, turn, and twist their backs without injury. 
• Healthy weight. Carrying extra weight, especially on the belly puts a lot of extra strain on back muscles and is a frequently cited cause of back stress and pain. 

Conditioning Exercises 
While employees can certainly join a fitness club to get their exercise, they don't have to. Some of the very best exercises for the back can be done in just a few minutes a day without any special equipment or expense.

Among the best exercises workers can do to help improve the overall health of their backs and spines are the following:

• Walking. A program of walking for 30 minutes a day will help strengthen muscles and prevent weight gain. Those new to walking as an exercise should start out slowly and work their way up. Remind workers not try to do too much too soon with any new exercise program. 
• Stretching and bending. A daily program of stretching exercises will help improve flexibility and keep the back in good condition. Stretching exercises might include bending backwards or sideways, rotating the hips, or twisting gently from side to side. 
• Sit-ups. Sit-ups help strengthen stomach muscles, which in turn help support the back. This is also a great exercise to help flatten the stomach. 
• Leg lifts. Leg lifts help strengthen the muscles in hips and buttocks. Leg lifts can be done while standing or while lying on the floor. 
• Squats. Squats strengthen the back, stomach, and leg muscles, and also help practice good lifting techniques. 

http://safetydailyadvisor.blr.com/

Is A PEO Right For You?

How can today’s entrepreneurs and small business owners compete with many of their larger rivals? That’s easy—steal a page from their playbooks.

Over the last decade, many large businesses have leveraged a business phenomenon known as business process outsourcing, or BPO. The concept is simple. The company focuses on their core competencies—its products and services, customers, marketing, etc.—and outsources critical, yet noncore, functions.

Today, many small businesses are leveraging this approach as it relates to human resources by engaging the services of professional employer organizations, or PEOs. As the name implies, PEOs can assume most of an employer’s administrative responsibilities and much of the liability as well.

Through a contractual relationship with a PEO, a small business (the average member of the National Association of Professional Employer Organizations [NAPEO] has 17 employees) can create a co-employment arrangement in which the small business retains essential management control over the work performed by the employees while the PEO assumes responsibility for producing payroll, withholding and remitting payroll taxes, and providing workers compensation and health and welfare benefits.

PEOs can reduce its clients’ exposure to liability stemming from allegations of wrongful termination, discrimination, and sexual harassment by helping draft employee policy handbooks. In addition, PEOs frequently offer employment practices liability insurance that protects both the PEO and its clients.

This type of business process outsourcing helps small businesses attract and retain quality employees and minimize costly employee turnover. Because PEOs aggregate hundreds or even thousands of small businesses, they can create economies of scale in health insurance, workers compensation insurance, technology (PEOs often provide employee Web portals), and human resource support. PEOs level the playing field for small businesses by providing them with a large company human resources experience.

Here are some things to consider when engaging a PEO:

• Look for PEOs that are flexible and can meet your human resources needs. 
• Understand how the PEO’s employee benefits programs fit into your overall employee compensation. Can the PEO help you determine overall employee compensation? 
• Ask for client and professional references. 
• Make certain that the PEO is licensed if required in your state. 

Carefully review the service agreement, which can be lengthy and involved. A typical initial service agreement covers 12 months. Anything shorter could be construed as a temporary employment arrangement and therefore potentially subject to taxes.

PEOs can free you up to run your business and attract and retain great employees so that your business will thrive, not just survive.

By: Joe Cole, NAPEO CEO

Are you, the HR Manager, Held Responsible?

Yes, you are.


Employers and their HR Managers are responsible for labor law compliance. More than ever, HR managers are under pressure to ensure that their companies employment practices are correct and fair. Failure to do so and show good faith effort attempts to comply can lead to catastrophic claims paired with fines and back pay that no employer is ever prepared to pay.


Now you, the HR Manager, are being held personally liable for the files your responsible for. You can be charged and you can be fined.


As the HR Manager, you should be aware and able to explain the following:

• Job Titles and Descriptions are maintained and current
• All employees are classified as either Exempt or Nonexempt
• Basis for Exemption classification
• If anyone under 18 years of age is employee
• If uniforms are required and how deductions are applied
• Deductions to employees do not result in wage being reduced below minimum wage
• If and how employee are paid for orientation, training time and medical test
• If shift rates exist
• How time is recorded
• How overtime is paid
• Any practices of rounding or automatic deductions
• How employee wage garnishments are calculated, maintained and paid
• Company policies and forms relating to the Family and Medical Leave Act

If you're unable to answer one or more of the items listed above then you likely have one or more practices that are non-compliant that would cost you should you be audited.


TrendHR can help! Contact us today for an internal audit! 1-866-582-1578

Form I-9 Common Errors

Are you in charge of HR? Employee Files? Well you are responsible for ensuring employee file compliance!

Now days you, yes you, can be held personally liable for hiring and continuing to employee individuals not authorized to work in the United States. Protect your self and your company by reviewing your Form I-9′s and start making corrections TODAY!

Common Errors

ERROR: Liquid paper (white out), correction tape, scribbled out mistakes / any change obscuring information.

• CORRECTION: Staple new/clean Form I-9 to the back. Complete the section over that contained errors.

ERROR: Over documentation. Document details in List A and B and/or C. Can only have B&C or only A.

• CORRECTION: Staple new/clean Form I-9 to the back. Complete Section 2 only on the new form.

ERROR: Employee completed wrong section, Employer completed wrong section.

• CORRECTION: Simple mistake like a signature in wrong place, have person who made error cross through mistake, initial and date.

ERROR: Terminated employee’s Form I-9 has errors but couldn’t reach them to get the Form corrected.

• CORRECTION: Memo is completed, dated and attached to Form I-9’s for any terminated employees with missing or incorrect information. Documenting this shows the employer made a good faith effort to have corrected Form I-9’s.

ERROR: Errors are large or in several places.

• CORRECTION: Staple new/clean Form I-9 to the back. Complete all sections. Dates must be current, cannot back date.

ERROR: Missing, Lost or Never Had a Form I-9 on file for Employee (Active or Terminated).

• CORRECTION: Active employees must complete Form. Attach memo stating date realizing employee did not have a form and all dates must be actual, not back dated. Terminated employees are to be contacted and attempted to correct. Notes and action must be logged to support good faith effort.

TrendHR can help! Contact us today at 1-866-582-1578!