If it isn’t written down, it didn’t happen –part 3 (Employee Training).

Quick question – why do you have to carry proof of insurance in your car?  Right!  It is to PROVE that you actually have insurance on your vehicle.  The cops aren’t going to take your word for it – they want to see a piece of paper.

Now apply that concept to employment.  Written documentation of employee training is required for a number of reasons:

1)      It helps reinforce to the employee that training is important.  If they know that their results (or even that they attended) will be documented, they may be less inclined to blow-off the meeting or ignore the teachings of the trainer.

2)      If you are approached by an interested party/client who requires training for your employees, this is documentation that will fulfill that purpose.  Documentation may be required by construction foremen who want to be sure your employees have had fall protection training OR clinic leasing agents who want to make sure that their tenants are trained in required evacuation procedure.

3)      Documentation of specific training may be required by an industry watchdog organization like OSHA, USDA, FDA, DADS, or a host of other acronyms.  Failure to produce proof of training for these organizations can result in fines, work-stoppages, or double costs (paying for the training and then paying again when you can’t prove the employees are trained).

4)      If an employee doesn’t follow the rules that they have been taught to follow (e.g. they drive a forklift forward down an incline instead of backwards down an incline) and is injured, documenting that you trained them properly can be aid in the defense that you were not negligent.

5)      How do you know if an employee has had their annual refresher training and is current in your Blood Borne Pathogens program unless you document the training?

So, how tough is this going to be?  Really it is pretty simple and there is often no “specific” process.  If you are using a third party service to provide training, they will typically provide this documentation for you as well as helping you keep up with what training you need and how often.  If you are doing it yourself, I recommend doing the following:

·         Keep a “master copy” of required training to act as both a reminder and a check list to make sure you provided the training.  Put the dates of refreshers on a calendar.  Remember that some training must be given to employees as initial training, and some must be refreshed either annually or periodically and all must be refreshed when there are changes to the original plan or methodology involved.

·         Use a sign-in sheet, but don’t leave it blank.  Use a print-out of the employee roster for the company OR the department affected.  This will give you a quick review of those who were not at the training (whether absent that day or simply unable to attend the training at that time).  This will also help you pinpoint that single employee that “always” seems to miss the training meetings.

·         Place a completion document (along with a copy of the outline of the training or results of any tests given) in the employees personal training folder stating that they successfully completed training X on this date and have them sign it.

Documenting training isn’t that difficult or time consuming.  But being able to provide proof that you did provide training can mean a safer worksite as well as one that runs into fewer bumps along the road of our heavily regulated and litigious society.

If it isn’t written down, it didn’t happen –part 2 (Written Programs)

Are you a safe company?  Do you teach your employees what to do in the event of an emergency or how to act properly in a work environment (like in, sexual harassment)?  According to the government, if you didn’t write it down, it didn’t happen.

Regardless of the number of employees you have, there are some programs that are required be written down with employees having access to them.  People have short memories and if you DO have a legal claim against you, how will you ever be able to prove that you provided this information?  Some of these programs are required by OSHA, the Government (both federal and state), and others may be required by industry standards.

This may not be as scary as it sounds.  Many of these written programs may actually be included as part of your employee handbook – although for various reasons, I suggest that some of the more extensive and detailed programs be external from that document.  Examples of required written programs include:

·         Blood Borne Pathogens – This is not strictly for healthcare but required for anyone who may reasonably come in contact with potentially infectious materials (blood, bodily fluids, etc).  

·         Emergency Action Plan – Where do your people meet if you have to evacuate in the event of a fire?  Where do you go in the building if there is a tornado?  How do you make sure that you get all employees and non-employees (clients, shoppers, etc) out of the building?

·         Hazard Communications – What chemicals are found in your building and do your employees know how to properly handle them?

·         Lockout-Tagout – How do you safely control hazardous energy ranging from electricity to gravity (what if you have to work underneath an elevator?)

·         Personal Protective Equipment (PPE) – This ranges from safety boots for construction workers to face shields for hospital lab personnel.

·         Toxic hazards – Does your company work with formaldehyde, lead, or cotton dust (all considered hazardous by OSHA and the EPA)?  If so, you need to have a written program detailing processes and procedures including required PPE’s.

·         Interestingly, a written “safety program” isn’t required to be in writing except by individual industry mandate.  However, providing a safety program can help you outline that horseplay and other “accidents waiting to happen” will not be tolerated.  Other strongly suggested written programs include new employee orientation plans, job safety analysis programs, and a written return-to-work program.

Now the big question – is the government going around checking to see if I have my written programs and fining me big bucks if I don’t?  In most cases they are not.  Unless you are in an industry that is targeted for spot-checking by OSHA or some other agency, it will never be known that you don’t have your required written programs.  But just like driving without a license (or insurance), you will do ok until you get stopped for a minor traffic infraction (or worse – a major accident that you caused) and then you will be under the magnifying glass.  Spending a few hours and a few dollars up front can be the difference between an incident being classified as an accident and being classified as willful negligence.

Focus1 provides outsourced services in the areas of Human Resources (HR), Benefits Administration, Payroll, Workers’ Compensation (WC) and Safety.   We focus your employee needs so you can focus on your business.

If it isn’t written down, it didn’t happen –part 1 (Handbooks)

We used to live in a society where workers needed protection from unscrupulous bosses.  This gave rise to the unions and to Federal, State, and local governments enacting laws and acts to protect the rights of the employee.  Now the pendulum has swung far the other way and employers must guard themselves against the employee who feels that they have been wronged, whether there is just cause or not.  This “wrong” can take the place of wrongful termination, harassment, discrimination, or unequal pay or advancement. 

To protect yourself and your company I want you to remember one little phrase – If it isn’t written down, it didn’t happen.  Let’s start at the beginning. 

Do you have an employee handbook?  If you answered yes, good for you.  If you answered no, go sit in the corner and think about what you have done.  An employee handbook is more than just a collection of rules about your company.  It is written documentation of your rules (no ambiguity) and assuming you have employees sign a form that states that they received and read the handbook, it is documentation that your employee knows and agrees to follow the rules.  This is your first line in defense in the event of an employee lawsuit.  Common reasons for a lawsuit include sexual harassment and feelings that you were passed over for a promotion (usually due to discrimination).   Most scenarios that could lead to a lawsuit can and should be spelled out in your handbook so there is no question regarding what the employee is required to do, who they are supposed to report problems to, and what the company will do to try and resolve the issue.  I have lots of people say that they don’t have a handbook because they don’t want to be tied down to a set of rules and be inflexible.  If this is your attitude, you are giving up a lot of legal protection for some ambiguous flexibility.  Handbooks are written to allow to inform employees and reduce misunderstandings revolving around common concerns yet with the flexibility to change as times and needs change.  The only catch is that what is in the handbook must be applied equally to all employees to retain the legal protection that a handbook provides.  Some of the components that a typical handbook should contain include:

·         A company statement

·         A disclaimer (that this handbook is not a recognition of employment NOR the sole repository of employment information for the company)

·         A statement of company rules (safety, disciplinary action, computer policy, etc)

·         Benefits (insurance, holidays, PTO/vacation/sick time, etc)

·         Wage & hour (schedules, salary vs. hourly, promotions/pay increase policies, etc)

·         Sexual harassment & discrimination policies & how to report violations

·         Government notices (FLSA, FMLA, Right to work, COBRA, etc)

Once you have created your employee handbook, have it looked over by an attorney who specializes in employment (NOT your cousin Vinny who is a divorce attorney) for items that are either illegal or would restrict your rights as an employer.  Be sure and have your employee sign that they have received and read the handbook.  It is also advisable to have certain excerpts from the book as additional documents to sign that they have been read and understood.

Focus1 provides outsourced services in the areas of Human Resources (HR), Benefits Administration, Payroll, Workers’ Compensation (WC) and Safety.   We focus your employee needs so you can focus on your business.