To facilitate the resolution of legal challenges filled against its new posting requirement, the National Labor Relations Board is postponing the effective date until April, 30 2012.

The delay is the second in the past three months to a posting approved in Sept. 2011 that would require more than six million private-sector employers by the National Labor Relations Act (“Act” or “NLRA”) to display employees’ rights under the National Labor Relations Act.

At the heart of the delays are three federal lawsuits filed against the National Labor Relations Board, saying the group overstepped its bounds when it set new regulations requiring employers to hang the poster.

“When everyone is worried about jobs, when everyone is worried about their economic future, why do we want to pick a fight with employers,” Kevin Shivers, president of the Pennsylvania chapter of the National Federation of Independent Business, one of the three groups that have filed separate suits, told the Philadelphia Inquirer.

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in 1935 to encourage the practice of collective bargaining by employees through a representative to negotiate the terms and conditions of employment.

In specific the new notice contains:

1. A summary of employee rights under the NLRA, including: the rights to organize, form or join a union; the right to discuss wages and working conditions with co-workers; the right to take collective action to improve working conditions; and the right to engage in other protected activities.

2. Examples of employer or union illegal conduct under the NLRA;

3. A statement about the employer’s obligation to bargain in good faith if a union has been selected by employees;

4. Information concerning basic enforcement procedures; and

5. NLRB contact information.

Investment in workplace safety and health has a direct and measurable cost-benefit potential, according to a recently released study by the International Social Security Association (ISSA).

The study on the economic costs and benefits of prevention investments, coordinated by the ISSA, compared data on interventions and analysed practices in 300 companies in 15 countries.

The results of the study indicate companies witness more than a two and a half time return on the implementation of safety training.

“Promoting safety and health at work not only saves lives, but also makes sound economic sense,” stated Hans-Horst Konkolewsky, ISSA Secretary General. “The study demonstrates that prevention measures are a key contribution not only to the health and well-being of the workforce, but also to the economic performance of the enterprise and the sustainability of social security schemes.”

Eight mines were recently issued letters of notice from the U.S. Department of Labor’s Mine Safety and Health Administration for a potential pattern of violations (PPOV) of the Federal Mine Safety and Health Act of 1977.

A PPOV is a precursor to the more serious ‘pattern of violations’ status. It is issued when MSHA through annual investigations finds a mining company having higher than industry average safety violations or S&S violations.

The eight mines receiving letters are:

1. Marfork Coal Co. Inc.’s Parker Peerless Mine in Raleigh County, W.Va.
2. Pay Car Mining Inc.’s No. 58 Mine in McDowell County, W.Va.
3. Pine Ridge Coal Co. LLC’s Big Mountain No. 16 in Boone County, W.Va. (previously received PPOV notice in October 2009)
4. Rio Group Inc.’s Coalburg No. 2 Mine in Logan County, W.Va.
5. Nine Mile Mining Inc.’s No. 3 Mine in Wise County, Va.
6. Manalapan Mining Co. Inc.’s RB No. 12 in Harlan County, Ky.
7. Big Ridge Inc.’s Willow Lake Portal in Saline County, Ill. (previously received PPOV notice in November 2010)
8. Queenstake Resources U.S.A. Inc.’s Jerritt Canyon Mill in Elko, Nev.

MSHA screens for PPOV mines at least once a year. Mines receiving PPOV notices have the opportunity to implement corrective action programs, and they must reduce their S&S rates to targets set by the agency. Mine operators not meeting these targets are subject to a notice for a pattern of violations and closure orders for all S&S violations under Section 104(e).

MSHA encourages mine operators to implement corrective action programs with long-term goals for reducing violations beyond the goals established by MSHA under the POV procedures.

In addition to the eight mines receiving PPOV notices, other mines are still under PPOV consideration. These include mines for which MSHA is verifying self-reported injury information to ensure that it is accurate and thereby confirm that the operators do not meet the PPOV screening criteria. Following the initial screening conducted in October 2010, MSHA issued PPOV notices at four additional mines after audits revealed those mines had not accurately reported injury data.

“In April, MSHA briefed stakeholders on a new and transparent online tool that allows mine operators to regularly monitor their compliance and injury records under the PPOV initial screening criteria and make adjustments to improve health and safety accordingly,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Unfortunately, some operators either did not use this tool or did not respond with effective improvements.”

In an attempt to increase workplace safety Wyoming’s Department of Workforce Services is working on implementing new safety rules for oil and gas drilling.

So far this year five oil and gas workers in the state have lost their life to workplace accidents. It is a reoccurring trend in a state that constantly ranks in the top three in terms of workplace fatalities.

Rules the state’s safety regulators are looking at include banning smoking within 75 feet of a well bore, requiring rig workers to receive annual training on fire extinguishing, requiring workers to wear flame-resistant clothing within 75 feet of a well bore, new requirements for companies to document safety training  and new emergency action procedure requirements.

The state safety department will collect comments on the proposed rules through November and host a public comment session Dec. 2 before the Wyoming Occupational Safety and Health Commission.

If the commission were to vote on approving the rules in December, they would go to the states Gov. Matt Mead.

Mead would then have 75 days to make a decision on approving the rules.

Wyoming’s OSHA program manager, J.D. Danni, told the Associated Press that the new rules didn’t originate from a particular accident, but instead of from a general need to update safety regulation in the industry.

The last time the rules were updated was 1999.

In addition to the current round of rules changes state regulators are working with the Wyoming Oil and Gas Industry Safety Alliance, an industry group, on implementing two other rounds of updates.

These updates include safety regulations for well servicing — work done down a well bore after initial drilling and other types of well servicing, such as pumping cement to reinforce a well.

Each year the flu accounts for 200,000 hospitalizations, 41,000 deaths and an economic impact in excess of $80 billion.

However, the risk of outbreak in your place of employment can be significantly lowered through the implementation of engineering controls, administrative controls and work practices.

Engineering Controls

Engineering controls involve changes to the work environment to reduce work-related hazards. These types of controls are preferred because they make permanent changes to reduce exposure to hazards and do not rely on worker or customer behavior. By reducing a hazard in the workplace, engineering controls can be the most cost-effective solutions for employers to implement.

Examples include:

• Installing physical barriers, such as clear plastic sneeze guards.
• Installing a drive-through window for customer service.
• Using specialized negative-pressure ventilation for aerosol-generating procedures in healthcare settings.

Administrative Controls

Administrative controls are practices and policies designed to prevent exposures. The usage of administrative controls is not as effective as engineering controls because of dependence upon   management and employees for implementation. Examples of administrative controls include;

• Developing policies that encourage ill workers to stay at home
• Developing practices to minimize face-to-face contact between workers such as extended use of e-mail, websites and teleconferences.
• Relying on home delivery of goods and services to reduce the number of clients or customers who must visit your workplace.

 Work Practices

Work practices are procedures designed to reduce the duration, frequency or intensity of exposure to a hazard. When defining safe work practice controls, ask employees for their input, since they have firsthand experience with the day-to-day tasks.

Examples include:

• Providing a work environment that promotes personal hygiene. For example, provide tissues, no-touch trash cans, hand soap, hand sanitizer, disinfectants and disposable towels.
• Encouraging workers to obtain a seasonal flu vaccine.
• Providing workers with up-to-date education and training on flu risk factors, protective behaviors, and instruction on proper behaviors (for example, cough etiquette; avoiding touching eyes, nose and mouth; and proper care of PPE).

If you need further training on preventing the flu call 877-201-8923.

Employees are more willing to report their employers for fraud, corruption and general unsafe workplace conditions according to data from Department of Labor.

The data shows the number of whistle blower cases per year has steadily increased the past five years, with 2011 on pace to hit nearly 2,400 filings or nearly more than 300 claims than years prior.

If a new study proves true those claims could continue to rise.

In its annual survey on litigation trends, Fulbright & Jaworski LLP said the 25 percent of respondents anticipating an increase in whistleblower actions in their industries was up from 19 percent in its 2010 sampling and includes 31 percent of U.S. participants and 12 percent of U.K. participants.

The main culprit behind increasing whistle blower cases according to the report is the recent government reforms to encourage reporting of illegal activities.

One such reform is the Dodd-Frank Act that allows the SEC and Commodity Futures Trading Commission to provide a financial reward ranging from 10 to 30 percent of the amount of the enforcement penalty to whistleblowers who provide original information leading to monetary sanctions that exceed $1 million.

The law also provides protections against retaliatory actions by employers against whistleblowers.

In addition to the new SEC provision, OSHA has also recently released a series of enhancements to existing whistleblower provisions.

“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said OSHA Assistant Secretary Dr. David Michaels. “The new measures will significantly strengthen OSHA’s enforcement of the 21 whistleblower laws that Congress charged OSHA with administering.”

Employers terminating employees who have reported them for improper practices is a costly proposition.

For example the Department of Labor recently entered into settlement agreement with Houston-based Goodman Manufacturing Co. LP for $150,000 to resolve findings by OSHA the company illegally terminated an employee for complaints about record-keeping practices.

Another example is Bank of America who in August had to pay a whistleblower $930,000 in interest and back wages and reinstate the employee.

To protect your company from whistleblower claims it is important to not only follow all government regulations, but to document your company’s compliance of these regulations.

If you would like a free safety consultation call 877-201-8923.

Late last week the National Labor Relations Board (NLRB) pushed the deadline for employers to comply with its new federal labor law posting from Nov. 12, 2011 to Jan. 31, 2012.

“The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance,” according to a the NLRB’s office of public affairs.

The new posting requirement, approved by the NLRB in Sept. 2011, will require more than six million private-sector employers by the National Labor Relations Act (“Act” or “NLRA”) to display employees’ rights under the National Labor Relations Act.

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in 1935 to encourage the practice of collective bargaining by employees through a representative to negotiate the terms and conditions of employment.

In specific the new notice contains:

1. A summary of employee rights under the NLRA, including: the rights to organize, form or join a union; the right to discuss wages and working conditions with co-workers; the right to take collective action to improve working conditions; and the right to engage in other protected activities.

2. Examples of employer or union illegal conduct under the NLRA;

3. A statement about the employer’s obligation to bargain in good faith if a union has been selected by employees;

4. Information concerning basic enforcement procedures; and

5. NLRB contact information.

Both unionized and non-unionized employers are required to post the new notice in English as well as in another language if at least 20 percent of the employees are not proficient in English and speak such language.

Exemptions of the posting requirement include agricultural, railroad and airline employers.  In addition, very small employers with an annual volume of business not large enough to have a more than slight effect on interstate commerce are exempted.

In addition to the delay of the requirement by the NLRB, three major employer groups have filed federal lawsuits against the National Labor Relations Board, saying the group overstepped its bounds when it set new regulations requiring employers to hang the poster.

“When everyone is worried about jobs, when everyone is worried about their economic future, why do we want to pick a fight with employers,” Kevin Shivers, president of the Pennsylvania chapter of the National Federation of Independent Business, one of the three groups that have filed separate suits, told the Philadelphia Inquirer.

The NLRB has yet to address the claims.

Workplace violence is one of the most significant detriments to the American workplaces costing businesses more than $70 billion a year and leading to the loss of about 600 lives.

Despite these shocking numbers the vast majority of companies have no program in place to deal with workplace violence.

This article will provide the basic steps to address and minimize violence in your workplace.

Developing and implementing a workplace violence prevention program

The implementation of a workplace violence prevention policy, documentation system, prevention team and specific prevention strategies should be publicized company wide, and appropriate training sessions should be scheduled. The demonstrated commitment of management is crucial to the success of the program.

Your documentation system will be how you track incidents of workplace violence, reports of employee behavior and more. This documentation is valuable to assess the need for action to reduce or mitigate the risks for workplace violence and implement a reasonable intervention strategy.

The written workplace violence prevention policy should clearly indicate a zero tolerance of violence at work, whether the violence originates inside or outside the workplace. By zero tolerance most employees will communicate to employees and have them sign documentation indicating that they will be terminated from employment if they partake in violence while in a working capacity or against a co-worker or client outside of work.

Each employer should establish a person or team responsible for handling and dealing with reports of violent behavior. These teams should include representatives from human resources, security, employee assistance, unions, workers, management, and perhaps legal and public relations departments. The charge to this team (person) is to assess the threats of violence and to determine what steps are necessary to prevent the threat from being carried out.

In addition the violence prevention program needs to include emergency procedures in the event of a violent incident. These procedures should explicitly state how the response team is to be assembled and who is responsible for immediate care of the victim(s), reestablishing work areas and processes, and organizing and carrying out stress debriefing sessions with victims, their co-workers, and perhaps the families of victims and co-workers.

Finally you need a training program on workplace violence. Training employees in non-violent response and conflict resolution is proven to reduce the risk that volatile situations will escalate to physical violence. Training should not be regarded as the sole prevention strategy but as a component in a comprehensive approach to reducing workplace violence.

Training should emphasize the appropriate use and maintenance of protective equipment, adherence to administrative controls, and increased knowledge and awareness of the risk of workplace violence.

Identifying Employee Violence

It is important to remember that all workplace violence does not originate in the office.

Possible external factors that can lead to office stress and violence include psychological problems, be alcohol or drug and familial stress. Internal triggers of workplace violence include romantic obsessions, feeling abandoned, humiliation, feeling overlooked or possible feeling angry because of knowledge of a pending layoff or furlough.

It is important to defuse the causes of workplace violence before they can escalate into a full blown event. To do so it is important both managers and employees are able to recognize the signs of pending workplace violence.

The following are indicators that can signal the risk potential of violent episodes:

• Sudden and persistent complaining about unfair treatment
• Blaming of others for personal problems
• Behavior changes
• Deterioration in job performance
• Wishing harm on supervisors or other employees
• Paranoid behavior
• Sudden increased absenteeism
• Sexually harassing, or obsessing about a co-worker: sending unwanted gifts, notes, unwanted calling, stalking
• Increased demand of supervisor’s time
• Alcohol or drug abuse
• Talking to oneself
• Instability in family relationships
• Financial problems combined with not receiving a raise or promotion
• Poor relationships with co-workers or management
• History of violent behavior
• Previous threats, direct or indirect
• Presenting and talking about reading material that is violent in nature
• Carrying a concealed weapon, or flashing one around
• Quiet seething, sullenness
• Refusal to accept criticism about job performance
• Sudden mood swings, depression
• Sudden refusal to comply with rules or refusal to perform duties
• Inability to control feelings, outbursts of rage, swearing, slamming doors, etc.

If an employee demonstrates any of the indicators it is important that they are referred to the appropriate person in your organization. It is imperative the person addressing the employee showing these characteristics responds an empathic, caring and non-shaming manner.

For more information on preventing workplace violence call 877-201-8923.

Safety Services Company is proud to unveil the Safety Services Network, a new memberships based program designed to help companies stay safe and compliant.

The network is launching with a free safety starter membership.

Through the starter package members receive a free federal labor law poster, an OSHA audit and compliance book, certificate of recognition, $100 safety voucher, subscription to a safety newsletter and more.

In addition to the free membership currently available, Safety Services will launch a pro membership in the coming months.

The pro membership will feature all the benefits of the starter membership plus 12 safety meetings a year, access to the compliance expert tool and more.

The pro membership will cost $10 a month.

“This new membership program is a great way for both new and existing companies to get a greater handle on creating safe and compliant workplaces,” said Safety Services President Devon Dickinson.

To learn more about the program visit www.safetyservicescompany.com and click on the sign up button.

On August 25, 2011, the National Labor Relations Board issued a final rule requiring employers to notify employees of their rights under the National Labor Relations Act.

The new requirement in our Federal Labor Law Poster is for all private-sector
employers subject to the National Labor Relations Act who will be required to post by November 14, 2011. Except for agricultural, railroad and airline employers, your business most likely needs this poster.

This means even if your business does not have union employees, NLRA rights still apply to non-union workplaces and now need to be notified of them.

Also, not posting the notice can be considered an unfair labor practice under the
National Labor Relations Act when the board investigates allegations of unfair labor practices. And if an employer willingly does not post the notice, it can be considered evidence of unlawful motive in an unfair labor practice case.

Safety Services Company has the new NLRB addition in its Federal Labor Law Poster right now, and anybody who purchases a subscription plan will receive future updates to their Federal and State posters when they happen.

For more information on how our labor law poster service works, please visit,
www.safetyservicescompany.com/safety-posters.php or call 877-201-8923

Purchase your Labor Law Posters from us today to receive fully updated and laminated posters to ensure immediate compliance with the Federal and State posting requirements.