Human Resources Description

Aley Moyer

The Californian 2021 Q4 – WORKERS’ COMPENSATION CLAIMS: HOW TO CHOOSE AN OCCUPATIONAL CLINIC

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WORKERS’ COMPENSATION CLAIMS: HOW TO CHOOSE AN OCCUPATIONAL CLINIC

Shaun Kelly, Tolman & Wiker, Preferred Broker

Hello to all and we hope everyone is doing well!

We have been assisting employers in managing Workers’ Compensation claims for many years. This includes First Aid claims, moderate injuries involving transitioning to light duty to get the employee back to work as soon as possible and assisting with very serious injuries. One part of the process in managing Workers’ Compensation claims that all employers should engage in, is choosing an occupational clinic that works best for you, the employee and the insurance carrier. A designated Occupational Clinic should be selected prior to any injuries. Including all team members handling Workers’ Compensation claims in this process is important. This should also include your insurance broker in order to assist you throughout the claim.

The clinic you choose is an important decision as it sets the tone for the rest of the claim. A well written discharge report will limit options while a poorly written report can leave the door open for further allegations and treatment. The clinic you choose should also help convey how your company cares about its employees.

Things to look for in a clinic:

  1. Look for a clinic who can see your employees during your work hours
  2. Look for a clinic who will keep copies of your job descriptions on file
  3. Look for a clinic who will use MRIs sparingly
  4. Look for a clinic who is responsive to employee needs and has a pleasant bedside manner

Before choosing a clinic you should schedule a time to visit. This will allow you to tour the clinic which will give you an idea of the average wait time, as well as meet some of the doctors. You may also ask the clinic to do an on-site visit of your facility. This will give the clinic a better idea as to what it is you do and what type of job duties your employees have as well as the physical demands of the job.

Things to ask during your visit to the clinic:

  1. What are their hours of operation? Are they open at night and on weekends?
  2. How many locations do they have?
  3. How do they handle return-to-work? Do they try to get injured employees back to modified duties as soon as possible? Do they send work status reports via email to employers as soon as possible? How descriptive do they get in writing work restrictions?
  4. How do they communicate with employers?
  5. Do they do pre-placement medical exams and physical abilities tests?
  6. Do they do drug screening?
  7. How do they handle red-flag cases?
  8. Do they have in-house specialists? Do they have in-house physical therapy, chiropractic services, or a pharmacy?
  9. How do they make sure the injured employee understands what is being told to them during the exam?
  10. Are their doctors bilingual? Do they have interpreters?

Please feel free to give us a call if you have any questions .

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

 

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Aley Moyer

The Californian 2021 Q4 – HIRING INTO 2022: HOW TO GET THE RIGHT OFFICERS IN A TOUGH MARKET

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HIRING INTO 2022: HOW TO GET THE RIGHT OFFICERS IN A TOUGH MARKET

Jeff Davis, TEAM Software, CALSAGA Network Partner

As a security contractor, you’re well aware the current labor market is pretty crazy. You’ve got a lot stacked against you, and you’re not alone. National applicant trends across industries aren’t keeping up with those of hiring. That’s a problem for your hiring efforts. So, how do you attract applicants to your open jobs?  

First things first. 

Promote your jobs. Due to the lack of job seekers, employers have sponsored more job listings on job boards, leading to an all-out bidding war. With placements coming at a premium, companies have had to aggressively increase their job board spending budget to remain visible. Before you start throwing money around, though, consider your options. 

Diversify your applicant search. One source of job postings may garner lots of applicant volume, but with low quality. This means you may end up with candidates in your hiring funnel who have little interest in being there or who aren’t qualified. Or, the opposite may be true. A job board could only generate a sliver of applicant volume, but with applicants who are highly qualified with long-term retention potential at your company. Evaluate what your KPIs are in the hiring process and parcel out your advertising process accordingly. Then make postings on job boards based on those KPI goals. 

Next up, marketing. 

One of the best ways to improve your candidate quality is by improving your job listing. If the listing is unclear, people won’t apply. If it is misrepresentative of work tasks, you could have officers apply, begin work, then decide the job isn’t right for them and turn over quickly. Speak to what’s unique about your company, what might make it a good fit for the right candidates, and why people should be excited to join your team. Highlight benefits, even if you can’t afford to pay rates as high as some of your competitors. Unique benefits could attract candidates who might otherwise skip based on wage criteria alone. Make each listing easy to read and quick to process and use social media to increase job visibility. 

Look beyond the obvious. 

The truth is, COVID-19 has changed the hiring landscape. Even if changes aren’t permanent, it’s possible we could see continued impact on when and how applicants return to the hiring market. Even as applicants do return, there could be a shift in who is coming back to what jobs. As a result, you may need to rethink the type of candidate you’re trying to attract, and how you move them through your hiring process. Make it speedy. Quick apply tools and ATS systems with data capture help gather applicant information, meaning you have a larger pool of candidates to draw from, even if they aren’t able to complete an application in full. Move even quicker by keying in on what really matters to your open jobs and focusing on collecting secondary information, like historical job information past a few years ago. 

Whatever you do, don’t ghost. 

You know how hard it is to source and hire qualified applicants to join your team. It’s a whole other challenge to actually convert a new-hire into a member of your security workforce who stays on past sixty days. It’s not uncommon to hire a new employee, then have that employee “ghost” you, or never show up, before day one. 

Knowing this is a challenge for your security business, it’s imperative that you as the hiring agent also doesn’t ghost your potential employees, either. Don’t leave applicants in the hiring funnel too long. Don’t ignore potential candidates, or waste time holding out on an offer. While you still want to find a candidate who is a good fit, gone are the days that afforded you time to be super selective in your hiring tactics — at least for now. If you don’t move quickly, your competitors will. 

Keep these “get” strategies in mind as you enter into 2022. It’s likely the hiring market will continue to keep us on our toes as current challenges evolve, but that doesn’t mean you can’t be prepared. And, don’t forget to focus on your retention efforts, too. Once you have the right officer on your payroll, you want to do everything you can to keep them. 

Jeff Davis was president of Kwantek, a recruiting and onboarding software provider acquired by TEAM Software, the leading provider of integrated financial, operations and workforce management software for cleaning and security contractors, in 2020. Since joining TEAM, Jeff is the VP of Strategic Growth North America, acting as a subject matter expert and thought leader for TEAM in the security and cleaning industries and assisting with global sales and marketing initiatives. For the last 20 years, Jeff has focused on technology, working in sales and marketing to executive leadership, with four years specializing in human resources technology. He has an MBA focusing on Information Systems from Tennessee Tech and a Bachelor’s degree in Marketing from the University of Louisville.

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Aley Moyer

The Californian 2021 Q4 – STRATEGIES TO REDUCE THE RISK OF WORKPLACE VIOLENCE

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STRATEGIES TO REDUCE THE RISK OF WORKPLACE VIOLENCE

Debbie Howlett, TrackTik, Network Partner

Since the start of the pandemic in March 2020, many previously low-risk workplaces are now at a higher risk for workplace violence. Many people frustrated by mask mandates, social distancing restrictions, and endless line-ups have resulted in a population with hair-trigger tempers. Some workplaces are recognized to be at significantly greater risk than others, like healthcare facilities. An emergency room in San Leandro, California, recently went into lockdown when a visitor, frustrated by Covid-19 restrictions, threatened to bring a gun into the hospital. 

However, workplace violence in healthcare was already on the rise pre-pandemic. The U.S. Department of Labor Statistics reports that in 2019, 47% of emergency department physicians reported being physically assaulted during work, and 71% of nurses reported experiencing sexual harassment at the hands of patients. This year, according to the National Nurses Union (NNU), a recent nationwide survey of more than 5,000 registered nurses, 31% of hospital RNs said that they faced a small or significant increase in workplace violence, up from 22 percent since March 2021.

An unfortunate silver lining to the pandemic has allowed hospitals to review their safety protocols. Across the U.S., hospitals and other facilities have installed more security cameras and video surveillance, limited entry points to monitor visitors more closely, and hired additional security officers. They have also provided de-escalating training, equipped staff with Bluetooth-enabled panic buttons, and in some cases, brought in K9 patrols. 

Security Officers at Risk

At present, the California Occupational Safety and Health Administration (Cal/OSHA) only has rules that regulate workplace violence in the healthcare industry. Still, there are no regulations covering workplace violence in other sectors. The Cal/OSHA Guidelines for Workplace Security have been in circulation since March 1995, so workplace violence has been a concern for a long time in California. The guidelines include specific factors that may put employers at a higher risk for violence, many of which are characteristic of the role security officers play in the workplace, such as:

  • Lone workers
  • Security officers transporting money between financial institutions
  • Armed security officers at cannabis dispensaries and plants
  • Safety ambassadors at healthcare facilities
  • Public safety officers in communities and cities
  • Public-facing security officers enforcing mask mandates and social distancing rules

Identifying Workplace Security Issues 

Many workplaces are at risk for workplace violence, but specific workplaces are significantly more at risk than others. Therefore, every employer should perform an initial assessment to identify workplace security issues. The security assessment should begin with a physical tour of the workplace in question, a review of security procedures already in place to identify any potential vulnerabilities. 

As you tour the workplace, consider the following ten questions: 

  • Where could someone easily access the building? 
  • Are potential entrances secured? 
  • Is there any form of access control upon entering the building? Is identification required? 
  • What is the procedure for visitors to the building? 
  • Have potential escape routes been explored in the event of a threat? 
  • Is the building a shared space? Do other tenants share your security concerns? 
  • Are there blind corners, hedges, or unlit areas where someone might hide? 
  • Are all the gates and fences surrounding the building secure with no gaps? 
  • Is the parking area well lit and maintained? 
  • Are doors left open and unlocked? 

Crafting the Workplace Security Plan

Once the workplace tour is complete, create a workplace security plan using the information you collected. Unfortunately, there is no one-size-fits-all security plan that employers can download and implement. Every employer needs a plan tailored to its particular environment and takes company culture, physical layout, resources, and management styles into account. 

Craft your security plan with the following suggestions in mind. 

Secure your workplace – Consider using physical barriers likes fences and gates, access control systems, door locks, and video surveillance. 

Create an access control plan – Use keys that cannot be replicated, electronic access cards, or a biometric option like fingerprint, palm print, or iris scanning. Provide badges for visitors. 

Contract security officers – Hire security officers to perform foot or mobile patrols and checkpoint tours. Officers can also assist with visitor screening and monitoring access control systems. 

Position security cameras where you need them – Security surveillance is key to monitoring who enters and exits the building at all times. 

Provide good lighting – Make sure that employee entrances and exits are located in well-lit areas, and interiors, corridors, stairwells, and parking lots are illuminated. 

Consider using alarms – Ensure that entrances and exits are equipped with alarm systems that warn employees if unauthorized individuals try to enter the building. 

Create a map of the building – Identify entrances and exits, stairwells, doors, and security cameras. It will help you determine where to deploy extra security, video surveillance, and extra lighting. 

Review and revise your security plan – The review should ensure that doors are closed or locked, the locks are working, and security officers properly screen visitors. 

Redesigning aspects of your workplace can reduce the likelihood of violence and keep your security officers and the people and facilities or institutions they protect secure. Consider revisiting your security plan today with some of these suggestions.

Debbie Howlett
TrackTik

Debbie is an experienced writer with a demonstrated history of working in the security industry. She is based in Montreal, Canada, with TrackTik—a dynamic and cutting-edge tech company that sells cloud-based security workforce management software.

debbie.howlett@tracktik.com
Twitter: @TrackTik 

 

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Aley Moyer

The Californian 2021 Q3 – THE STAFFING DROUGHT

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THE STAFFING DROUGHT

Tony Unfried, CSA360

We have a new drought among the security industry… It is a staffing drought. Finding new staff has been harder than ever. According to LinkedIn there are over 53,000 jobs available in the US. For various (some valid) reasons, not many people are eager to return to work. Lowering your turnover and improving retention is more important now than ever. Here is how you can help solve staffing gaps.

Art of Incentives
People are competitive by nature and nothing like a friendly competition to motivate your team. Using the art of incentives can be one of the best kept secret methods to encourage your team. This can be your secret weapon to keep your security team motivated. Perhaps finding a good scheduling software that can track this is a good idea.

Transparency
Having transparency within your staff is easier said than done. From knowing the availability of your staff to how they are performing can be difficult. It is a definite must. While having fun, positive incentives are great. It has been proven that people perform better when they know they are being watched and critiqued based on their work performance. Reward the employees who are always on time by giving them the better shifts or their preferred shift or the best positions. While you can keep track of this with a spreadsheet that can become a bit tedious, it is recommended you read into security software which can automate this process.

HR Software
It is nearly impossible to know everyone on your staff’s schedule. You’re only human after all. One thing recommended to help you be on top of your staff is investing in guard scheduling software. It can allow your employees to input their availability. Scheduling software can offer you valuable insights that will help you keep track of who is on time and who is making all the guard tour checkpoints. This can help increase employee transparency.

Keeping your staff engaged and motivated can be easier said than done but make sure you’re setting clear goals and expectations. Keeping things transparent within your staff. Once goals are met give a reward. This will help keep your security staff motivated and help solve staffing gaps.

Tony Unfried, CEO of CSA360, holds a master’s degree in Public Affairs and Criminal Justice from Indiana University, where he graduated with honors. While enrolled in his master’s program, Tony worked for The TJX Companies, Inc., leading the region in loss prevention and moving the company toward technology use in Security. Tony went on to join the most significant security company in Indiana, managing more than 500 employees and 50 sites, including the Indiana Convention Center, Bankers Life Fieldhouse, and Ruoff Home Mortgage Music Center. Seeing a noticeable gap in technology use in the physical security sector, Tony created his first security software application, launched at the Super Bowl in 2012, and recognized twice for Excellence in Mobile Technology by Techpoint. Tony has also spoken on Tech in Physical Security on panels with ASIS and IAVM.

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Aley Moyer

The Californian 2020 Q4 – WHAT YOU SHOULD KNOW ABOUT CALIFORNIA WORK BREAK LAWS

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WHAT YOU SHOULD KNOW ABOUT CALIFORNIA WORK BREAK LAWS 

Debbie Howlett, TrackTik, Network Partner

While many security companies recognize that hungry and tired security officers aren’t at their most productive, providing meal or rest breaks to employees isn’t universally required by law (though many employers do provide meal or rest breaks out of courtesy).  

It is well-known that the state of California has some of the strictest employment laws in the United States. And while a number of U.S. states do require employers to provide meal breaks or rest breaks, California is only one of a few states that require both. It also requires that security companies pay their officers for some of this time by offering both a meal break and paid rest breaks.  

Meal Breaks

California law requires that for every five hours a security officer has worked, security companies must provide a 30-minute meal break. However, companies do not have to pay for this time – meal breaks are unpaid. So if the officer only works six hours or less, they can waive the right to a meal break. Security officers who work ten hours are entitled to a second 30 meal break which is also unpaid. If the entire shift doesn’t exceed 12 hours, then an officer can waive the second break as long as the officer took the first break. Two breaks may not be waived in one day.  

Rest Breaks

California law also requires companies to provide rest breaks to their officers. For every four hours worked, security companies must provide a paid 10-minute rest break. Security officers who work less than three-and-a-half hours are generally not offered rest breaks. 

As with all legislation, compliance with California’s labor laws is critical for security organizations since a failure to comply can lead to costly labor claims, stiff penalties, and lawsuits. So staying compliant with meal and rest breaks requirements is critical.  

Recent Lawsuits

Here are two examples of the consequences of not complying with California Work Break Laws, although there are some exceptions to the laws like for private-sector emergency workers who need to be available during their entire shift. 

In 2019, a resort located in Rancho Palos Verdes settled a class-action lawsuit with its hotel workers for $2.1 million. The Terranea Resort failed to provide hotel employees with rest and meal breaks, as well as numerous other violations under California labor law. 

Also in 2019, McDonald’s agreed to pay $26 million to settle a 6-year old lawsuit that alleged it violated wage and hour laws by not granting meal and rest breaks for 38,000 workers at its California restaurants. While McDonald’s didn’t admit culpability in the lawsuit, it did agree to ensure employees get adequate breaks.  

Advanced Break Management

To address the complexity of California work break laws, security companies should look for a security workforce management solution that includes Advanced Break Management. This allows supervisors and managers to implement break rules and automate break management to ensure that employees take the right breaks at the right time. It also ensures that you remain in compliance with the strictest labor legislation in your jurisdiction.   

A good rule of thumb here is to choose a solution that enables multiple meal and rest break rules to be created instantaneously, and alerts so security officers are always aware of breaks for best performance. Other important features include an overview of guard break schedules, simplified scheduling according to positions rather than individuals, and break reminders and overriding features for changes and exceptions.  

Advanced break management gives security organizations peace of mind by making it easier to comply with California’s ever-changing break rules and legislation – and reduce legal and financial risk – while simultaneously increasing workforce flexibility and guard productivity.

Debbie is an experienced writer with a demonstrated history of working in the security industry. She is based in Montreal, Canada, with TrackTik—a dynamic and cutting-edge tech company that sells cloud-based security workforce management software.

Debbie Howlett 
Content Specialist 
TrackTik 

debbie.howlett@tracktik.com
Twitter: @TrackTik  

 

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Aley Moyer

The Californian 2020 Q4 – THREE WAYS YOUR SOFTWARE SHOULD SUPPORT MEAL AND REST BREAK COMPLIANCE 

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THREE WAYS YOUR SOFTWARE SHOULD SUPPORT MEAL AND REST BREAK COMPLIANCE 

Team Software, Network Partner

By capturing electronic timekeeping data with your software, you’re able to catch and prevent violations before they happen — something that isn’t possible with manual timekeeping. 

Timekeeping is an everyday concern for security companies. Your guards are clocking in and out of shifts across multiple locations. Your supervisors can’t be everywhere at once to ensure breaks are being taken by the right people at the right times. This doesn’t just have an impact on your individual employees — it also has an impact on your business’s financial wellbeing when it comes to paying for meal and rest break compliance violations. 

Understanding the impact of these laws is especially crucial for security companies in?California, where violating meal and rest break laws can result in compensating employees for lost breaks with additional hours of pay. Here’s a list of three ways your software should support your business when it comes to meal and rest break compliance. 

Timekeeping and Punch Types

Your meal and rest software should offer enhanced timekeeping and punch types to allow you to track your guards’ multiple unpaid and paid (otherwise known as on-duty) meals and paid breaks. You should also be able to see actual in and out times, and view, edit, and clean up your collected data in efficient and helpful ways when punch data must be corrected. 

Reporting

Look for software with useful and informative meal and rest reporting to help determine who is and who isn’t in compliance with your company and/or state’s meal and rest laws. Reporting should be flexible to allow you to identify any or all violations such as meals and breaks that have been missed, are too short or not taken in a timely manner. The identification of and premium (or penalty) payment of the violations you identify according to your business policies should be a simple, streamlined process. 

Notifications 

Your software should be able to send notifications to the right people at the right time to support your company’s meal and rest compliance and minimize premium payments to employees. To ensure lunch breaks are taken in a timely manner, look for focused notifications that alert supervisors if a meal hasn’t been started after a certain amount of time into a shift. Guards should also be notified if they’re checking back into work before their lunch or break is taken in full. 

When used properly, a holistic software solution ensures your timekeeping is accurate, easy to manage and in compliance with state, local, union or company-specific regulations. Contact TEAM Software at sales@teamsoftware.com to learn about how we can help you manage your meal and rest break compliance. 

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Aley Moyer

The Californian 2020 Q4 – SB 1159 – REPORTING WC CLAIMS WHETHER WORK-RELATED OR NOT!

SB 1159 – REPORTING WC CLAIMS WHETHER WORK-RELATED OR NOT!

 Shaun Kelly, Tolman & Wiker, Preferred Broker

Credit needs to be given to the CALSAGA staff and President David Chandler for their ability to put together a great virtual conference in the midst of the COVID pandemic. there was an abundance of information provided by the speakers that was shared with the CALSAGA Members and those that were able to attend the conference. This event took tremendous amount of coordination, time and resources to put together and they did an outstanding job!

We are receiving a large volume of calls regarding the compliance with the SB 1159 and what to do. As this was part of our presentation for the conference, we want to reemphasize the details of the new law and help Members navigate through the process. Compliance with the SB 1159 is mandatory and comes with a penalty for those employers that do not comply. However, if you have less than 5 employees, this new law does not apply to you.

Linked below is an outline of FAQ’s that we have developed for you. Click on the link and please review. Do not hesitate to contact us if you have any questions.

Thanks again to CALSAGA for putting on a wonderfully informative conference!

View Senate Bill 1159 Primer: New Reporting & Notification Requirements for Employers


Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

 

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Kate

The Californian 2020 Q3 – WORKERS’ COMPENSATION EXECUTIVE ORDER UPDATE

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WORKERS’ COMPENSATION EXECUTIVE ORDER UPDATE

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

As you may recall, Governor Newsom signed an executive order on May 6, 2020  creating a temporary, rebuttable presumption that COVID-19 is work-related (industrial) for employees who meet the specific conditions below:

 

  • This Executive Order provides that COVID-19 cases for some employees will be presumed to be work-related (industrial) if certain conditions are met. This makes it easier for qualified employees to obtain workers’ compensation benefits because it shifts the burden onto the employer to prove that injury was not Fundamentally, if an employee worked on/after March 19, 2020 at the work location and direction of the employer and tested positive or was diagnosed by a medical doctor, the presumption will apply.

 

  • If the claim form (DWC-1) was filed on/after May 6, 2020, the employer has 30 days to investigate in order to try to challenge the presumption and deny the claim. Otherwise, the claim is presumed compensable. With that said, this presumption is temporary as well as rebuttable.  It only applies as long as the State of Emergency due to COVID-19 exists.  Right now, it is set to end 60 days from May 6, 2020 (about July 4, 2020).

 

  • Claims (DWC-1) filed after May 6, 2020 which show date(s) of employee’s COVID-19 diagnosis between March 19, 2020 and July 4, 2020 have a REDUCED investigation period of just 30 days, instead of the usual 90 days. The 30 days starts with the employee’s filing of the claim form (DWC-1). If a claim form for COVID-19 was filed before May 6, 2020, those claims are likely subject to the 90-day investigation period.

It is important to know that this presumption will cover claims of a COVID-19 diagnosis for employees working through July 4, 2020. Thereafter, the State Legislature and/or the Governor would have to pass a bill and/or extend the Executive Order to continue this rebuttable presumption after that date. 

 

It is past the July 5, 2020, what now?

Although the presumption expired on July 5, 2020, California Legislature is currently addressing three bills that could potentially extend the order. SB1159 aims to backdate the bill to cover claims filed after July 5 for an employee.  We will continue to monitor legislative updates. In the interim, new COVID-19 claims will again be addressed under previous workers’ compensation rules.

  • There is no automatic presumption for COVID-19 claims
  • We go back to a 90-day investigation period
  • Workers’ Compensation benefits will be provided according the Pre – Executive Order rules and regulations

Please note that all COVID-19 related claims are still exempt from the experience modification.  We will keep you posted on any updates.

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

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Kate

The Californian 2020 Q2 – SIX ESSENTIAL AND ADAPTABLE COMPLIANCE FORMS FOR SECURITY CONTRACTORS

SIX ESSENTIAL AND ADAPTABLE COMPLIANCE FORMS FOR SECURITY CONTRACTORS

Team Software, CALSAGA Network Partner

As a leader of a security company, you’re simultaneously tasked with keeping the public safe while also trying to safeguard your employees. That’s extra challenging when combined with a rapidly changing regulatory environment that’s constantly evolving with new health, safety and training requirements.

Navigating this isn’t simple. It requires tools and innovations that are flexible and adaptable and can be easily adopted into your business operations. We’ve compiled a list of essential field-focused forms to help you navigate through this time using our mobile workforce management tool, Lighthouse.

Employee Safety Training and Acknowledgment

A simple form communicating risks and protocols to employees and capturing acknowledgment and understanding of these protocols can safeguard your officers and mitigate risk.

What to include:

  • How to protect officers from exposure
  • Recommended Personal Protective Equipment (PPE) and instructions for use and disposal
  • What to do if close contact with an infected individual or area occurs
  • Acknowledgment of understanding

PPE for Law Enforcement

If you operate law enforcement operations with direct physical contact to other individuals and potential exposure to blood, bodily fluids or any other potential infectious materials, PPE and Hazard Communication standards apply. Smart forms can aid you in meeting the training requirements associated with these guidelines and tracking acknowledgement from your officers and employees.

What to include:

  • Minimum PPE recommendations and acknowledgment of receipt
  • Instructions for application and use of equipment
  • Instructions for disposal of equipment
  • Instructions if close contact occurred during apprehension
  • Acknowledgment of understanding

Visitor Screening Questionnaire

Security officers monitoring essential services sites that remain open during times of crisis are tasked with increasing screening responsibilities. In many cases, all visitors and entrants to the building must be screened. Forms can help streamline these visitor screening processes, ensuring standard execution by your officers and providing crucial reporting to your customers.

The basics in screening forms:
  • Visitor details like name, contact information and purpose of visit
  • Temperature
  • Exposure risk assessment
  • Instructions for permitted entries (i.e. sanitation and safety guidance)

Site/Building Assessments

These days, customers are asking their security contractors to be their eyes and ears across more functions, including for cleaning/contamination and management of other third-party contractors. Simple building inspection forms can help guide security officers through building inspections and provide an instant reporting service to your end-customers or their third-party contractors like janitorial and maintenance providers.

Potential assessment areas/criteria:
  • Building traffic (i.e. people passing through or congregating)
  • Safety or maintenance risks (i.e. spills, construction, alarms, etc.)
  • Known or likely presence of bodily fluid(s) / contamination risks
  • Suspected presence of infected individuals
  • Other site-specific variables (i.e. healthcare environments, transport hubs)

Incident Tracking

Whether it’s a vandalism or looting incident, an employee who has fallen ill, a site decontamination effort or maintenance follow-through, identifying issues, taking action and delivering accurate reporting to your customers is especially critical right now. Timely, transparent reporting builds confidence and drives customer loyalty, and reporting on incident response helps you better deploy and manage your resources and risk.

What to track and report:
  • Nature of the issue – categorize issues for standardized reporting and better analytics
  • Description — who, what, where, why and include photos whenever possible
  • Action taken
  • Resolution
  • Time to resolve

Creating standardized mobile forms can provide critical information and training, improve transparency to your customers, drive new revenue streams and safeguard your business against risk by demonstrating and proving good business practices. And, leveraging workforce management technology, like Lighthouse, to get these kinds of forms to the right people at the right time can help you stay in control during times of uncertainty. To read more about adaptable compliance forms for security contractors, visit the TEAM Software blog.

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Kate

The Californian 2019 Q3 – EMPLOYERS: IS YOUR GROOMING POLICY DISCRIMINATORY?

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EMPLOYERS: IS YOUR GROOMING POLICY DISCRIMINATORY?

Jaimee K. Wellerstein, Esq. & Annette M. Barber, Esq., Bradley & Gmelich LLP

On July 3, 2019, California became the first state to ban discrimination against natural hair, including afros, braids, twists, and dreadlocks. Introduced by Sen. Holly J. Mitchell, Senate Bill 188 (SB 188) aims to “Create a Respectful and Open Workplace for Natural Hair” (the CROWN Act) by clarifying that traits historically associated with race, such as hair texture and hairstyle, be protected from discrimination in the workplace and schools. Governor Gavin Newsom signed Senate Bill 188 (SB 188), thereby amending the California Fair Employment and Housing Act (FEHA) and the California Education Code. The new law becomes effective January 1, 2020.

SB 188 will ensure protection against discrimination in the workplace based on hairstyles by prohibiting employers from enforcing grooming policies that disproportionately impact persons of color.  SB 188 is more far-reaching than prior protections. While anti-discrimination laws presently protect an employee’s choice to wear an afro, afros are not the only presentation of natural Black hair.

LESSON LEARNED:

California employers should review their grooming policies to determine if they are racially neutral, or if changes need to be made to ensure that racially associated hairstyles such as afros, braids, locks (dreadlocks) and twists, are not prohibited.  Also, employers should ensure that managers and supervisors, especially those involved in the hiring process, are trained to comply with this new requirement.

Taking adverse employment action against an applicant or an employee based on a racially associated hairstyle could subject employers to liability for race discrimination.  Client preference will not be a feasible defense to prohibiting these soon-to-be protected natural hairstyles. Employers are advised to start planning now to ensure their policies and practices are in place by the January 1, 2020 implementation date.

Contact us to assist in reviewing your anti-discrimination, grooming, or any other employment policies or procedures.  (Once you’re sued for race discrimination, changing your policies won’t help.)

 

Jaimee K. Wellerstein is a Partner at Bradley & Gmelich LLP, and the Head of the firm’s Employment Department. Jaimee concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions, PAGA claims, discrimination, retaliation, harassment, wrongful discharge, misclassification, and other employment related lawsuits. She also provides employment counseling and training in all of these areas.

Jaimee routinely represents employers in federal and state courts and in arbitration proceedings throughout the state, as well as at administrative proceedings before the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, the United States Department of Labor, and other federal and state agencies. Jaimee assists as a Legal Advisor to CALSAGA, and is a member of ASIS International. She is rated AV-Preeminent by Martindale Hubbell, the highest peer rating available. jwellerstein@bglawyers.com / 818-243-5200.

 

Annette M. Barber is Special Counsel on Bradley & Gmelich LLP’s Employment Team.  She represents clients providing employment advice and counsel in all aspects of hiring, performance management, training, compensation, and termination. Annette spent the past 17 years working with a global security company of 100,000 U.S. employees as an employment law attorney and then as Corporate Vice President directing HR Compliance nationwide for all 50 states, Puerto Rico and Guam.

Annette drafts and revises policies, handbooks, and extensive training materials for the firm’s clients. She provides workplace trainings, as well as workplace investigations. She is a member of the Association of Workplace Investigators, numerous bar associations and employment law sections.  abarber@bglawyers.com / 818-243-5200.

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