As an employer, it’s your responsibility to keep your staff safe and protected in the workplace, including staying up to date with recent rulings and decisions made by the Occupational Safety and Health Administration (OSHA). This organization is committed to providing a safe workplace for all Americans, and they constantly look for ways to modernize and improve laws surrounding our work environments.

The US Department of Labor hands down final rulings on new workplace regulations to OSHA, so it’s up to the employer to stay educated on any changes. Although 2017 has only just begun, there are quite a few new rulings in place which came in over the last 12 months that could affect your workplace this year. Here we take a look at them and what kind of implications they could have for your employees.

After it was found that exposure to beryllium can cause dangerous lung diseases and possibly fatalities, it was imperative to put new measures in place regarding safe exposure in the workplace. Because many workplaces use this material, in particular shipyards, construction, and general industry environments, the rules have recently changed.

In January this year, OSHA ruled that the exposure time now allowed with beryllium will remain as eight hours, but that now there was only to be 0.2 micrograms of beryllium per cubic meter be allowed. When compared to the previous 2.0 micrograms limit, these changes aim to save the lives of over 94 workers per year. As beryllium is still an extremely useful resource in many industries, this drastic measure was crucial.

Traditionally, workplaces had to provide one set standard for fall systems in place. As studies have found that far too many injuries and fatalities were caused in this area, OSHA has now ruled that each worker can be responsible for selecting their own personal fall protection system. Other changes include prohibiting body belts as a personal fall arrest system and mandatory training on personal fall protection systems now be in place.

With the change set to affect 112 million workers at sites across the country, it’s one of the largest amendments to OSHA regulations in recent times. The prediction from this change is that 29 lives will be saved each year, and over 5,842 injuries prevented just by these small measures.

Protective equipment is a mandatory requirement for almost all workplaces, even those in the blue collar sector. However, workers in shipyards, long shoring, construction, general industry, and marine terminals now have new regulations in place about their Personal Protective Equipment (PPE).

The final ruling included a number of changes to the previous legislation, including now allowing employees to choose their own protective equipment provided it complied with the industry standard. All other changes related to face and eye protection specifically, as an area which receives a large percentage of injuries each year in the workplace.

The Importance of Educating Your Employees

Mail out – a simple email directed to all staff members whenever a change might occur in your industry is a quick and easy way to keep everyone informed.

Newsletter – have a dedicated OSHA section on your company newsletter so that people can keep up to date with any changes that might affect their job.

Bulletin board – a basic notice in the office boardroom or kitchen so that people can be reminded of OSHA updates during their lunch break.

Orientation and training – any important occupational health and safety information should be covered off in orientation and training, so ensure this is updated with the latest developments too.

SMS updates – sending a simple text message through your company software is a modern and succinct way to communicate important changes to staff.

Intranet – posting regular updates to the company’s main hub on the intranet means staff can stay informed as changes happen, as well as always have a dedicated place to visit should they want to touch up on their OSHA knowledge.

The best place to keep up to date with changes to occupational health and safety laws is directly through the OSHA website. They regularly update the website with media releases regarding rulings and new regulations in place, and it’s an essential resource for both employers and employees.

If you’re not able to keep a regular eye on their website, you can set up alerts to notify you whenever a press release is published. This way, you know every small change and ruling directly as it happens so that you can pass this information onto your employees.

2017 should be the year that you make occupational health and safety an important area of your workplace. Find new ways to involve staff in learning, have a detailed and up to date training system in place for new employees and ask for feedback from your colleagues on how you can better improve the health and safety conditions of the workplace. With a little bit of proactivity, you can avoid future disasters altogether.

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What you need to know about OSHA compliance

In January 2015, Californian lawmakers introduced a change to their current legislation regarding workplace harassment. The AB2053 amendment means it is now mandatory for companies with over 50 employees to provide training, not just for sexual harassment in the workplace, but also anti-bullying in relation to this type of misconduct.

This training is specifically intended for supervisors and managers so that it now includes anti-bullying when discussing potential forms of sexual harassment. The amendment also states that bullying isn’t constituted by a single offense, unless extreme in nature, but rather by a series of events that occur.

Although California already had laws relating to mandatory sexual harassment training in place, there was nothing stipulated about bullying. Those who supported the law stated that sexual harassment in the workplace was a growing epidemic in America which needed to be addressed before it got out of hand.

The main purpose of the amendment was to ensure that harassment was stopped before it begins, which is where the focus on anti-bullying measures comes in. Proponents of this law found that abusive work environments led to a range of issues in the workplace such as low morale, absenteeism, and high turnover of staff, among other issues.

By targeting the problem before it turns into abusive conduct, which is often the case, the AB2053 amendment will hopefully lead to a reduced rate of workplace sexual harassment. Although it took many years to have this bill introduced, the steady rates of sexual harassment in the workplace had been signaling a need for change for a long time coming.

What constitutes sexual harassment in the workplace?

Not only is it important for workplace managers and supervisors to be aware of the signs of sexual harassment, so too should all employees. In some cases, the perpetrator may not even be aware that they have made someone uncomfortable so it’s important to understand exactly what constitutes sexual harassment.

Workplace sexual harassment doesn’t even need to occur in the workplace necessarily; it can be outside of work and between colleagues or at a work related function.

This harassment can come in the form of verbal, physical, or written abuse or misconduct, and includes incidents such as:

Inappropriate physical contact such as hugging, grabbing, or touching in a way that makes someone uncomfortable;

Asking intrusive questions about someone’s appearance, sexuality, or personal life;

Staring or leering at someone to a point that makes them uncomfortable.

Although it might seem unlikely to witness any of these events taking place in the workplace, the number or incidents of sexual harassment are still quite astonishing, thus making it even more important than ever to increase training and prevention.

The importance of sexual harassment training in the workplace

So, what did the state of sexual harassment incidences in the workplace look like up until now? An article published by contemporary women’s magazine Cosmopolitan highlighted that a staggering one in three women has reportedly been victims of workplace sexual harassment.

Interestingly enough, just a third of those women claim to have reported it to their superiors, meaning many of these cases aren’t even highlighted. These also don’t include the male victims, which although are even less reported than the women, are still extremely prevalent in the workplace.

As workplaces evolve and shift towards a more digital landscape, the ways in which harassment is experienced is also changing. Emails with inappropriate jokes, a link in the group chat to something explicit, or an instant message that makes the receiver feel uncomfortable are all the new and scary ways that sexual harassment can be felt in the workplace.

How these changes could help your workplace

Ensures employees are aware of expectations – when laws are reexamined in this way it gives everyone in the workplace, not just supervisors, a chance to brush up on what is expected of their conduct.

Keeps you protected if things were to go wrong – without educating your managers and supervisors on amendments such as these, you have no legal leg to stand on in a court of law as it can be argued that the education of sexual harassment was your responsibility.

Workplace bullying and harassment lead to reduced productivity – studies have found that victims of workplace bullying have decreased productivity and experience feelings of stress and anxiety on a daily basis.

What this law means for future workplaces

When implemented with a standard training and orientation package for all new employees, training on harassment and workplace conduct is the easiest way to ensure everyone is educated on the subject. Even if your workplace doesn’t meet the set requirements by law for mandatory training, there are far too many benefits not to make it a condition in your workplace.

With a huge focus on bullying and its prevention, not just in the workplace but also in schools and other environments, small amendments such as AB2053 will hopefully lead the way to a reduced rate of these incidents in all areas of society.

What Californian businesses need to know about AB2053

When you think of a compliance officer in any industry, it’s easy to imagine someone ticking off boxes on a checklist as they make their way around the organization.

While this stereotype may still be the norm for many industries, the insurance compliance officer and those in other neighboring financial industries have recently seen a few changes to their role which makes them more accountable and involved than ever before.

Although relatively young when compared to other industries, the compliance officer in an insurance company still holds a vast amount of responsibility for the company. Changes in technology, in particular, have signaled a huge shift in how this role is to now be carried out.

Gone are the days when the compliance office would offer a simple tick on a piece of paper before moving onto the next point, as the changing needs in documentation, regulations, external influences, and other arising issues make this job more complicated than ever. However, with all of this responsibility, the insurance compliance officer role is also receiving more respect at the management table than ever before.

Where once an insurance compliance officer might have access to a range of resources to complete their job, most of these are shifting towards technology based systems. The Accenture 2016 Compliance Risk Study interviewed more than 150 compliance professionals and found that 84% of their employers now relied on digital resources for their compliance.

This shift towards technology could also indicate a decrease in the physical role of the insurance compliance officer, where machines and computers may now be able to provide these checks directly with staff and cut out the middleman, effectively. Many companies which now use elearning can generally keep track of their staff’s completion of training and education which keeps their competencies up to date, further eliminating the need for a compliance officer to perform checks for themselves. 

With this movement towards technology comes a stronger need to document everything that an insurance company does. As the insurance industry is heavily regulated both internally and externally, it’s never been more important to have a clear and accurate record of a company’s activities.

By further using these digital systems, most insurance companies can keep track of every single process and procedure carried out within the organization so that senior management know exactly where possible risks may lie.

The National Association of Insurance Companies can at any time request data from a business, so the insurance compliance officer must know exactly where and how to gather this. The NAIC has even stated that any insurance company with more than $500million in direct premium must submit an Own Risk and Solvency Assessment each year to ensure everything is running above board. These new needs to report to external bodies has given the insurance compliance officer, even more, to be responsible for than before.

Along with the new reporting responsibilities, there are other issues that the insurance compliance officer must be aware of. Depending on who the compliance officer has to report to, they may find that communication needs to be more effective than ever to ensure that their findings and recommendations don’t become lost through the ranks.

According to a study, less than half of insurance companies have a dedicated compliance officer within the organization, however, this number seems to be increasing.

As the role is still being developed as such, an insurance compliance officer must be flexible and adaptable to grow with their position. This includes embracing any digital and technological processes that might become part of the role, as discussed earlier. Along with the processes and procedures that come with the role, the ever-changing regulations that govern the insurance industry also make this job particularly tricky.

One thing that hasn’t changed within a compliance officer’s role is that the rules and regulations which govern the insurance industry continually transform. What has changed, though, is the amount of new regulations to be adhered to. Where traditionally most auditing and reporting was sent directly to management, there are now many external bodies that require this information too.

The compliance officer must stay on top of any advancements in the industry to ensure that their company is protected legally and financially, and this is where a digital training plan might come in handy. By implementing eLearning and other digital systems, insurance compliance officers can be guaranteed they are receiving the most up to date information relevant to their industry so that they can stay on top of the changing regulations.

What the Future Holds For the Insurance Compliance Officer

Although the role may be expanding and the scope of responsibility becoming even greater, the shift in this position isn’t without its reward. A study conducted by Accenture in their 2016 Compliance Risk Study has shown that the changing roles of compliance officers in insurance and other related industries mean that these positions are now able to influence higher levels of management than before.

Trends are indicating that insurance compliance officers in the future will come from backgrounds in other financial sectors so that they can have a greater understanding of every aspect of the role. This deeper knowledge will give them an even further respected position within the company.

As valued members of the management team, insurance compliance officers are able to give direct and fair input on where the company should be heading as determined by these many changing regulations and issues. This role can be particularly crucial in growing a business and keeping it competitive in such a volatile market as we will likely see in the future.

For more insights, subscribe to the Go1 newsletter to stay on top of all the latest L&D trends. Or, you can book a demo today to find out how Go1 can help with your team’s learning needs.

Find out how technology has shifted the insurance compliance officer role and why they are more accountable and involved than ever before

The growing role of the insurance compliance officer

Once you have incorporated or formed an LLC, compliance should be one of your primary concerns because if you don’t adhere to state and federally mandated compliance regulations, you could face serious penalties.

We have seen a number of compliance issues making their way into the business press lately, and that’s why we felt it was a good time to review the nature of business compliance requirements for our readers.

These requirements can be broken down into two primary groups: internal requirements and external requirements.

Internal compliance refers to everything that goes on inside your company in terms of compliance.

An few examples of internal compliance: both C corporations and S corporations are required to hold annual meetings for shareholders and directors and update their bylaws as necessary. All issuance or transfer of stock must be documented as well.

Limited Liability Companies are not bound to the same regulations as C or S corps, however, it’s still a good idea to document your operating agreements and official policies so you can refer to them over time. One of the easiest ways to organize your compliance materials is to put everything together into a compliance kit. This kit should include all of your stock or membership information, bylaws, your operating agreement, your corporate seal, and anything else regarding compliance that you feel you might need to refer to in the future.

External compliance requirements are mandated by the state that you have incorporated in, as well as any state that you are registered to transact business within. In most states, for example, you are required to file an annual report so the state can monitor the activity of your company.

Another external compliance requirement is the franchise tax, which is a state tax you pay for the right to operate your business in that particular state. The amount of this tax varies from state to state, although it is usually based on revenue or corporate share value.

It’s absolutely critical to stay on top of the state laws regarding compliance—especially when it comes to due dates for fees. Different states have different rules regarding when you should submit your fees, and you may miss your payments if you don’t keep on top of the proper dates for your state!

Have you ever heard the term “piercing the corporate veil?” This is when you lose your limited liability protection due to non-compliance, and yes, it’s definitely as bad as it sounds. Once the veil has been pierced, the owner’s assets are now susceptible to legal judgements.

You always want to be in “good standing” status with the state. This simply means that you are sticking to the state’s annual or ongoing compliance regulations and making your payments on time. If you do not pay your fees on time, then the state can hit you with late fees and/or interest payments. In the worst case scenario, if you are out of good standing status too long, you may lose the benefits you receive for being a corporation.

Different industries have different federal and state-level regulations when it comes to compliance, and that’s why it’s important to have some sort of compliance training program in place for your employees. Compliance is not just a matter of administrative paperwork and fees, either.  It’s also about adhering to Federal mandates like the Americans With Disabilities Act and the Affordable Healthcare Act.

One of the most common compliance issues that companies face is harassment in the workplace. Sexual harassment, in particular, is a growing concern—and this one can sneak up on you. In fact, sometimes employees can be unaware that their actions or statements may be a problem, and that’s another reason why it’s so important to provide formal compliance training for your people.

You may choose to develop an in-house compliance program or you may refer to a third party provider for a pre-built solution. At Go1, we have thousands of free and paid resources to help you train up your employees, including detailed online learning programs for:

Preventing a Hostile or Discriminating Work Environment 

Remember: compliance is not a “set it and forget it” aspect of doing business. Instead, it’s an ongoing process where you need to keep your finger on the pulse of what is happening and what is changing with laws—on both the state and the Federal level.

A perfect example would be the Affordable Healthcare Act. Many companies did not stay abreast of the compliance requirements for implementing the Act until it was too late, and by that time they were facing costly penalty fees.

The best companies take the time to create a formal compliance strategy that can be referred to when it’s time to train new employees. This can save you a tremendous amount of time and headaches in the future…and it can also save you the expensive legal fees and penalties you face when you fall out of compliance.

Don’t wait for something to go wrong. If you haven’t integrated a sexual harassment compliance training program, for example, there are several free training resources available that you can use for on-boarding your staff. All it takes is a little bit of research and you can put a plan into place that will become a truly valuable asset to your corporation or LLC down the road.

Compliance requirements your business needs to know

As 2016 drew to a close, media attention revealed claims of workplace bullying being made against Bunnings – Australia's largest household hardware chain and retailer. 

Bunnings employee Bruce Johnson was sacked, after lodging a complaint with the Fair Work Commission against the company for bullying.

Many Australians were surprised and shocked to hear of the accusations. Was the popular warehouse store, famous for its smiling staff and weekend sausage sizzles, hiding a workplace culture of intimidation and bullying?

The consequences of fostering a culture of bullying

high levels of absenteeism and sick leave

It also has severe consequences for individuals who experience bullying in the workplace. Let’s look at how bullying affected long-term Bunnings employee Bruce Johnson.

Bunnings: an entrenched culture of workplace bullying

Employment lawyer Alana Heffernan said the alleged bullying Mr Johnson suffered was "at the more severe level in terms of what we see".

Over time, the Bunnings department manager saw his weekly hours increase to up to 60 hours a week, with no extra pay, meaning he often worked from 5.30am to 9.30pm. His own manager would frequently assign urgent tasks to Mr Johnson at the end of his shift, meaning he would have to stay back to complete them. 

Bunnings management also directed Mr Johnson to manage people out of their jobs if they were "too old" or “too expensive” – for example, if they’d been injured at work or were long-term employees who had earned a higher rate of pay.   

Mr Johnson stated that he was “asked on a number of occasions to terminate a number of people for various reasons, none of which had anything to do with their job performance." When he refused to dismiss members of his team, he was warned his own job was at risk and that a manager known as "the terminator" would replace him.

Mr Johnson also alleged that there was a decrease in the number of workplace injuries reported, because employees who did so were criticised, intimidated or sacked. According to Mr Johnson, Bunnings employees could also be “sacked if they were caught not smiling at customers on three occasions.”

Turning a blind eye can be just as bad as bullying

As employment lawyer Alana Heffernan says, "it's important that larger companies are held to account in how their middle managers treat their staff on the floor and the law recognises that inaction can be just as bad as bullying." 

It’s wrong to portray your company as a positive and supportive place to work, while failing to protect employees and promoting a culture of intimidation. As an employer, you have a responsibility to make sure all staff feel safe while carrying out their work duties. They should also feel comfortable and supported in reporting workplace injuries, harassment or bullying.

Review your policies around workplace bullying

If you’re unsure about the kind of work culture you’re creating for your employees, start by making sure you have strong anti-bullying and harassment policies in place, to show your commitment to promoting a positive work culture for all staff. If you’d like to learn more about creating an effective anti-bullying policy, you’ll find our previous article on bullying and harassment policies useful.

For employees, your anti-bullying policy will help them to accurately recognise and define unacceptable behaviour in the workplace, while guiding them to the appropriate resources and contacts for assistance. As an employer, this policy will also ensure your organisation is compliant in this area, protecting you against claims and legal ramifications.

The Productivity Commission recently reported that more than two million Australians have experienced some form of bullying at work. So it’s crucial that Australian employers, and their workplace managers, know how to handle these situations.

You’ll find more helpful advice on the best ways for employers and managers to deal with bullying here – the article also contains links to three popular online courses that will assist you in managing this topic and practicing zero tolerance towards bullying in your workplace.

Bunnings and allegations of workplace bullying

Inclusion and opportunity are serious driving forces in the United States.

It is the job of human resource managers to adhere to the laws set in place against inequality and to protect the privileges of their employees. This includes, but is not limited to, workplace discrimination against Gender, Race, Sexual Preference, Age and Disability.

The Americans with Disabilities Act of 1990 was put into place to protect the fair working rights of disabled individuals. In order to abide by this mandate, companies must comply with a variety of different terms and policies.  Many HR managers, however, don’t have proper knowledge of what that compliance really means.

Protecting yourself from being non-compliant

Compliance with the Americans with Disabilities Act (ADA) is not merely a suggestion, but a legal necessity. It’s essential that HR managers have a thorough understanding of what their company should be doing to comply, but many are confused by its terms.

Thankfully, there are many free online courses available that cover the overall terms of the ADA.

These digital platforms contain detailed information not only about what compliance looks like and entails but also what the penalties for non-compliance are.

Before discussing the course any further, however, you should be aware of just how important an accessible, non-discriminatory, work environment is to your employees.

The fight against workplace discrimination has made great progress in the past decade. However, while Americans have come farther than ever before to obtain the fair treatment they’ve been hoping for, this doesn’t mean that the hard work is done.

It often seems the case that business owners do not understand what true ADA compliance consists of, and all too often, it is simply ignored.

In addition to the detrimental legal and monetary penalties that can occur, owners and managers that ignore ADA compliance policies are also disregarding the civil liberties of a large group of individuals. No matter what form a disability takes, protecting the rights of this group is an absolute necessity.

The term “ADA Compliant” can cover a lot of territory.

Here are some of the guidelines that define which types of companies and facilities are responsible for workplace compliance:

Various state and locally run facilities i.e. public education, police departments, court systems, etc.

Commercial establishments, including:

 	Shops
 	Restaurants
 	Museums
 	Plus many more


Knocking down boundaries: general compliance and individual-based concerns

In terms of workplace compliance, there are generally two types of accessibility “barriers.” The term barrier, in this case, represents the problem areas that must be overcome to achieve equality and fairness for disabled individuals.

General compliance barriers tend to represent things like entrance points and staircases that can be difficult to use for some individuals. Individual compliance lends itself to more specific needs that have to be handled independently to accommodate unique circumstances.

It should also be noted that workplace ADA compliance does not solely benefit disabled employees.

Cluttered store aisles or narrow hallways

Abiding by ADA rules does not have to cost a company tons of time and money. In fact, there are several easy fixes that can make your working environment more inclusive of individuals with disabilities.

How can a free course in ADA compliance help?

Taking advantage of a free course in ADA Policy like the one offered by Go1, called The Americans With Disabilities Act: Being in Compliance, is a great way way to help HR managers understand what’s expected of their company.

Not only does this online courses provide the flexibility of completion in your own time and space, but it also covers everything you need to know about staying compliant.

Courses like this one provide a variety of strategies to help make your workspace and policies compliant, and it also provides you with critical information to help you understand the intricate details behind what ADA act.

Simply having an accessible entryway does not mean you’re providing a compliant environment for employees and customers. Compliance also requires leadership—which means help from management to ensure disabled employees are provided with the tools necessary for personal success and the opportunities needed for professional growth.

In is program from Go1, you’ll learn about different aspects of compliance, such as:

The rules of serving and assisting disabled employees

Understanding how the hiring and interview process should be handled

These lessons are a vital component in navigating ADA compliance and ensuring your disabled team members do not feel discriminated against.

Don’t leave compliance to chance. For HR managers, there are a lot of things to juggle in order ensure a proper and safe working environment for all employees. Rather than letting things slip through the cracks and risking costly mistakes (and even legal trouble), you should consider the use of these free ADA compliance lessons.

How to comply with the Americans with Disabilities act - Go1

What you should know about the Americans with Disabilities Act and compliance

If you are planning on training your team on legal compliance, then you will need to get organized and come up with a proper plan. You will need to know and understand the goals that you are trying to achieve and be able to come up with a plan that will help you to achieve those goals. If you don’t have a plan in place then it will be difficult to meet your targets, making any training less effective than it otherwise could be.

Every company is different, with its own dynamics and requirements meaning that any game plan should be tailor-made to that company’s specific needs. It’s important to do research into just how the company operates to help ensure that any training plans put into place are relevant to them. Certain individuals within the company may also have specific roles that require specific training.

More importantly, it could help prevent instances of wrong doing happening in the first place.

One key aspect of building a legal compliance game plan is to know exactly which laws need to be abided, and who needs to abide by them. Below are some of the main topics that staff will generally need to be trained in if they are to comply with rules and regulations.

Some necessary areas that the workforce needs to be trained in are:

Safety: Where possible, an employer should always provide safety training to their employees. If a member of the workforce picks up an injury or illness as a result of their job and they had not received adequate training, then the employer could face serious consequences. This ranges from everyday issues such as obstructing walkways and avoiding slippery surfaces, to more specific instances such as handling toxic chemicals and operating heavy machinery. It is often also necessary to ensure that certain personal have certain equipment to help keep them and others safe in the workplace.

Emergency Training: In addition to training staff to help them recognize potential hazards in the workplace, it’s also necessary to train them in what they need to do in the case of an emergency. If there is a fire in the building then having staff that knows how to deal with the situation best could literally help to make the difference between life and death. Emergency training will often tie in with safety training to help ensure it is easy to vacate a building if needed and to help emergencies from occurring in the first place.

Discrimination: Discriminating against certain people based on their race, religion, gender and other demographics is against the law. Employers that have been found not to take necessary precautions and/or act accordingly when issues arise are liable for potentially severe penalties. Management, in particular, should obviously receive anti-discrimination training but the whole workforce should have some training also. The company should also make sure that the whole workforce is aware of procedures to make a complaint if needed.

One of the more serious inequality issues that occur in the workplace is sexual harassment. According to the American Association of University Women, the definition of sexual harassment is “unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature”. Not only must the employer put into practice training that helps to recognize and prevent sexual harassment, they must also take very seriously any complaints that are made.

Compliance with the Law: Depending on which particular business you are in, there will be various laws that must be abided by. For example, in the case of a financial services company, this could mean making sure that only qualified people are giving financial advice. In a catering business, it could mean storing food in certain conditions. Depending on which industry you are operating, audits and inspection will be carried out and penalties may be imposed if legal requirements are not complied to.

Whenever introducing new staff to the company, it’s important that they all go through the appropriate orientation procedure as soon as they join. This should cover the basics such as pointing out emergency exits and other essential locations and facilities, as well as making sure they are supplied with any essential equipment. Any necessary documentation should also be provided and signed, including information on policies relating to legal compliance. In many cases, a new employer cannot legally begin to work before they have taken necessary training programs.

Instructing staff on what the rules are and how to obey them is an excellent and necessary start. Self-audits not only help to pick up on any unintended errors but also help to keep the staff on their toes as they will be well aware that their actions will be audited at some point in the future. These audits can often be carried out by in-house compliance staff--although some businesses may prefer to recruit a third party for the audit for a genuinely transparent and impartial audit.

If you are unsure of what you need to do to comply with necessary rules and regulations you could hire a business to do this for you. A team that is experienced in providing compliance training will be aware of what rules and regulations need to be adhered to and how to make sure that individuals are meeting expected requirements. They can also design a training program that you can adopt, helping you to train your workforce yourself in the future.

How to build a legal compliance game plan

Discrimination in the workplace is something that business, industry and society in general has worked hard to crack down on over the years. A lot has been done to protect the rights of workers of different gender, race, religion and other demographics and employers potentially stand to face heavy penalties if they are found to be in breach of the regulations. Even if an employer is not directly responsible for an act of discrimination, then they could still be held to account if necessary procedures are not followed.

Following set procedures on discrimination and legal compliance not only helps to prevent instances of discrimination in the future, but it also helps to protect the employer against legal issues down the road.

One of the most important things is to be absolutely clear on just what constitutes discrimination in the first place. Somebody could be acting with what they genuinely think are good intentions while being completely unaware that they are in fact being discriminatory against other employees. “I didn’t know” is unlikely to hold any water should you find yourself at a discrimination tribunal, so there are no excuses for not making sure that everybody is up to speed on exactly what discrimination entails.

Discrimination in the workplace is the act of favoring one demographic over another for reasons that are not relevant to the situation in question. Below are some of the most common examples.

Gender: Decisions based upon a person’s gender rather than their attributes and qualifications is very likely to be discriminatory and is likely to get you into trouble. For it to be allowed that a particular gender can be favored over another it is necessary to show that the favored gender is better suited, or even necessary, to the role than the other. One example of this could be a counselor’s role aiding women that have been abused my men.

Race: Racial discrimination is one of the hottest topics in the work place and offenders could find themselves facing considerable penalties.

Disability: In many jobs, it is necessary for workers to have certain mental and/or physical capabilities if they are to be able to do the job. This means that people with certain disabilities cannot reasonably be considered for the job. If there is no such requirement for certain physical attributes, however, then there is no reason to exclude a person in the workplace based on disabilities they may have. An employer will also need to make sure that the premises and facilities provide full access to anybody with disabilities, otherwise there could be a case for discrimination.

Sexual Orientation: A person’s sexual orientation is, in itself, not a reason to select or overlook any individual for a particular role. Religious beliefs or any other factors are not acceptable reasons to discriminate against another person for their sexuality. If a person of any sexuality has been discriminated against for no other reason than that sexuality, regardless of what that sexuality may be, then that is a clear violation of the law.

Religion: Unless a person’s religious beliefs prevent them from carrying out necessary parts of any job then their religion should not be a reason for favoring or excluding that person in the workplace. While a bar manager, for example, cannot be expected to hire somebody who’s religious beliefs prevent them from handling alcohol, an employer cannot expect the same person to handle alcohol if it is not a necessary part of the job.


Pregnancy: Pregnant women’s rights are well protected by the law and breaking these laws can lead to severe penalties. In addition to being protected by the law while working, women are also allowed, by law, to take maternity leave. In many cases the father is also permitted by law to take paternity leave of up to 12 weeks in some cases.

In 2015, The U.S. Equal Employment Opportunity Commission received nearly 90,000 workplace discrimination charges.

It is not only management that should be aware of discrimination and what defines it, but everybody involved in the workplace. Even somebody that is in what might be considered to be a low grade position with little to no authority can still be guilty of discrimination, intentional or otherwise. You will also likely find that even if an individual did act independently, the organization could still be held responsible if it is shown that reasonable steps were not taken to help prevent, or correct, the situation.

To make sure that your organization has shown itself to make an effort to educate all staff on discrimination you should ensure that all necessary training and information has been provided. Educating people on discrimination is one of the best ways to help prevent it from happening in the first place. It can also help to cover your organization legally should an incident occur. After all, it just isn’t possible to be in full control of every individual’s actions.

Depending on which jurisdiction you come under, employers have access to information packs and guides on what constitutes discrimination and how to make sure they are complying at all times. There are also businesses available for hire that specialize in discrimination laws and compliance and training staff in these laws and how to abide by them.

The best way to deal with discrimination in the work place is with education…this is the #1 way prevent it from happening in the first place.

Get the facts about discrimination and legal compliance

Ignorance to the law does not grant you immunity! Sounds dramatic, doesn’t it?

Well, when it comes to workplace compliance this is absolutely true. “Harmless mistakes” and a lax attitude towards federal and state mandates can quickly result in fines and lawsuits that can bring your business to a grinding halt.

If you want to keep things above board and avoid legal problems, then make sure you aren’t making these common compliance mistakes:

Everyone who is a potential employee at your organization must fill out an application form that’s compliant with your state and federal regulations. Different states require different information and it’s critical to be up-to-date about what to include on these forms. These mistakes are easy to make. Some employers, for example, provide the right forms and then they get lost or end up in the trash by accident. Don’t make this mistake!

Failure to provide harassment prevention trainingharassment prevention training.

Harassment is a serious issue that can have equally serious consequences for your business. That’s why many states have laws in place that require employers to provide harassment prevention training. Without this training, your employees may be violating the law without being aware of it. Even if your state does not require you to provide workplace harassment prevention training, it’s a smart thing to provide in order to avoid compliance issues in the future.

Every employee is required to complete a W-4 tax form after they have been formally hired at your organization. Most companies don’t miss this part, but it’s quite common that these forms become outdated after someone has been at an organization over time. The best policy is to require your employees to fill out a new W-4 every year to make sure everything is compliant.

Failure to provide anti-discrimination traininganti-discrimination training.

Like harassment, discrimination is another serious problem that can have costly consequences for your organization. While your state might not require formal anti-discrimination training, it’s a good idea to implement it to make sure employees don’t commit an offense due to ignorance of the law. Your employees could be having lunch, for example, and a line of questioning could end up crossing over into the discrimination territory. Many people are aware that it’s against federal law to discriminate against age, sex, and nationality but there are other groups that are protected against discrimination as well—including smokers.

Sharing an employee’s medical status or condition with others.

Sometimes employees need special accommodations due to medical situations that arise. While a manager or superior may be given access to the nature of the medical condition, sharing that information with others can be a serious privacy (and obviously compliance) violation.

Making same-sex marriage discrimination mistakes.

Same-sex marriage was made lawful after the Supreme Court ruling in Obergefell v. Hodges. This means that employers are committing federal violations if they do not update their policies regarding benefits, family, and medical leave, and so on. Since this was a relatively recent change, many organizations might need to revisit their documentation to ensure that they are in compliance.

Allowing telecommuting employees to commit unauthorized overtime.

The number of workers who have “gone remote” over the past few years has skyrocketed. In fact, it’s been estimated that 45 percent of the entire U.S. workforce telecommutes on some basis now. While this is having a surprisingly positive effect on productivity for many organizations, it’s can also lead to employees working too many unauthorized hours from home. To avoid making this costly compliance mistake, it’s absolutely critical to monitor the hours worked and make sure supervisors and employees are on the same page regarding hours.

Video surveillance in unauthorized areas.

While some employers have a real need to videotape and monitor employees, it’s important that privacy violations don’t occur. In most cases, employers only have the legal right to videotape common or public areas where there is no expectation of privacy. Further, employees should always be aware that they are or could potentially be recorded.

Intruding on someone’s privacy due to unreasonable search.

Your employees have a legal right to privacy and this includes protection against unreasonable searches. Lockers, desks and employee changing rooms may all be considered areas that are off limits to unreasonable searches.

The lesbian, gay, bisexual, and transgendered communities are protected against harassment, privacy invasion, and discrimination. Over the past few years there have been a number of news stories that have brought these communities into the forefront of the national spotlight. Comments and questions may be made in the workplace that violate the legal mandates that protect these individuals. To prevent this, it’s important to provide training that outlines the your policy regarding LGBT discrimination and the consequences of violating it.

Workplace compliance fines and lawsuits cost American companies billions of dollars every year. Some mistakes may be due to simple documentation errors, while others may come about due to employee ignorance to the law. Either way, compliance mistakes could end up costing your organization dearly. The best way to prevent these violations is to stay informed and provide continuous training for management and employees.

Are you making these workplace compliance mistakes?

As 2016 comes to and end, many businesses are beginning to think about what 2017 will look like in terms of rules and regulations.

While there are many compliance issues to be considered for a wide-range of areas, four of the top sectors include:

These categories contain a variety of requirements and suggestions that American businesses need to be aware of in order to avoid legal ramifications and monetary penalties. Through the observation of these areas, employers will also be providing safe, fair working environments for their employees.

In order to prepare you for the year to come, the following contains a breakdown of need-to-know information.

The healthcare plan transition relief is expiring

Following the signing of the Affordable Care Act in 2010, many businesses were allowed a relief from its employment for a variety of different reasons.

Beginning on January 1, 2017, these reliefs will expire for large employers. The government has been mandated that these businesses begin providing compliant coverage by the end of 2016. Grandfathered plans and flex-contribution relief are also included within this group.

There is, however, some discrepancy amongst the qualification of “large employers.”

Following the passing of the Protecting Affordable Coverage for Employers Act (PACE) in Fall of 2015, the categorization of business type is now done at a state level. While some states will allow business under 100 employees to be labeled as a small company exempt from the relief expiration, other states follow the more common guidelines stating that employers with more than 50 full-time employees are to be considered “large.”