Emergency Preparedness Plan
On or before September 1, 2010, an owner or operator of an existing mobile home park must adopt an emergency preparedness plan according to a new California Law. The Office of Emergency Services created this form to comply with the Standard Emergency Management Systems (SEMS)
Park owners/managers can use this document to implement a program for their operations.
Take Action
Social Security Numbers
In an effort to guard against identity theft, a California law kicks in this month that restricts employers from using employees’ social security numbers.
Besides the obvious prohibition from posting or displaying an employee’s social security number in public, employers also are banned from printing the number on any card required to access products or services, such as a healthcare drug prescription card.
The law also prohibits employers from requiring an employee to use his or her social security number to access a restricted Web site, unless another identification number is also required.
Finally, employers cannot print an employee’s social security number on any materials mailed to that individual, unless state or federal law requires the number such as a listing, as in tax form pamphlets.
Similar restrictions on the use of social security numbers also went into effect in several other states, including New York, Minnesota and Oregon.
2010 Issues and Candidates
CalChamber2010.com is the go-to site for information on Californias Gubernatorial candidates. This resource provides first-of-its-kind comparisons of the three candidates. The site doesnt deal with social issues, rather it focuses on issues of critical importance to the states economy and job climate. CalChamber2010.com focuses on nine areas: Budget and Spending; Jobs and the Economy; Taxes; Education; Health Care; Environment and Energy; Water; Public Safety; and Housing and Transportation. By highlighting these issues that are so important to the voters, the candidates will need to make them their highest priority!
We began this project with a clear goal: educating voters. This is not a site that advocates for a particular candidate. It lets the user decide. At CalChamber2010.com, you can find independently sourced material and video clips that allow you, the voter, to see and hear what the candidates say in their own words.
Log 300 Employer Records of Occupational Injury and Illness
Don't forget to complete your Cal/OSHA Log Form 300, 301, 300A for 2009 and post your summary log [300A] beginning February 1, 2010 through April 30, 2010. Scroll down for resources.
Brief Guide to Recordkeeping Requirements
Find information and instructions at www.californiaosha.info
Differences between Cal/OSHA and Federal OSHA Recordkeeping
Prop 65 Safe Drinking Water and Toxic Enforcement Act of 1986 -- Update
Update your Prop 65 listing for their Hazardous Materials Program and put this listing with your MSDS's. Update this list annually.
Proposition 65
California employers need to be aware of legislation that will affect the ways in which they operate their businesses. In addition to the lobbying efforts of the association, we recommend that you visit the California Chamber of Commerce’s web site to see which bills they have targeted for either support or opposition. The Chamber is particularly interested in having employers write letters of opposition to their legislative representatives on what they call, “Job Killer Legislation.” You can visit the Chamber’s site for an up-to-date listing of the bills they are following at www.CalChamber.com.
In addition the California Chamber of Commerce uses its knowledge of laws and regulations to provide products and services to help businesses comply with both state and federal laws. The CalBizCentral compliance division of the Chamber has prepared the 2007 California Labor Law Digest which is available at our website www.calbizcentral.com. They also have other products and services available to help you with government compliance at this site.
Handbook for Employers
Instructions for Completing Form I-9 (Employment Eligibility Verification Form) for employees hired after April 3, 2009 can be found here.
OSHA Issues New Regulations for Employer-Paid Personal Protective Equipment
OSHA issued a final rule on employer-paid personal protective equipment in an attempt to clarify when employers are responsible to provide PPE for their employees. Employers have until May 14, 2008, to change their policies to reflect the new requirements.
- The final rule requires employers to pay for almost all personal protective equipment that is required by OSHA's general industry, construction and maritime standards. Employers already pay for approximately 95 percent of these types of PPE.
- The final rule does not create new requirements regarding what PPE employers must provide. It does not require payment for uniforms, items worn to keep clean, or other items that are not PPE.
- It provides that, if employees choose to use PPE they own, employers will not need to reimburse the employees for the PPE.
For an overview, download the PDF fact sheet.
Report Fraud
State Fund has a fraud reporting service. Many workers’ compensation insurance fraud arrests and convictions begin with a tip to the fraud hotline.
If you believe you have information or evidence of workers’ compensation fraud, call State Fund at 1-888-786-7372. The line is open Monday through Friday from 7:00 a.m. to 10:00 p.m. You may remain anonymous and bilingual operators are available.
Federal Minimum Wage Poster Requirements
The Department of Labor, Wage and Hour Division, altered the language in the Federal Minimum Wage notice which is displayed on your Employment Notices poster. This change increases the penalties for child labor violations.
You are not required to take any action. You are in compliance with California law if you are displaying the 2009 California and Federal Employment Notices poster.
We recommend that you print out and display the attached document with the new Federal Minimum Wage notice language next to your Employment Notices poster.
You may have heard from other companies that you need to buy a new Employment Notices poster. This is not true. It is likely, however, that this change will be mandatory for 2010 and we will keep you informed.
Family Medical Leave Act
Family Leave Now Includes Care for Close Relative in Armed Forces
The amendments to the federal FMLA went into effect on January 28, 2008. There are two major changes to the law. Because of these amendments, companies may have to provide up to 12 weeks of leave for an employee whose family member will be on active duty, and up to 26 weeks of leave for an employee to care for a family member who has been injured in the line of duty.
FMLA may be used to care for:
- a newborn child or if a child is placed with your employee for adoption or foster care;
- the spouse, child or parent of your employee, if the spouse, child or parent has a serious health condition; or
- a serious health condition of the employee that means they are unable to perform the functions of their position.
New Reason for Leave
The amendment adds a reason for leave under FMLA for "any qualifying exigency (to be determined by regulations) arising out of the fact that the spouse, son, daughter or parent of an employee is on active duty or notified of impending call or order to active duty in the Armed Forces in support of a contingency operation."
In addition, the Service Member Family Leave category has been added. It states:
- An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the service member.
- During the single 12-month period . . . an eligible employee shall be entitled to a combined total of 26 workweeks of leave.
Definitions
Next of kin is defined as "nearest blood relative."
A serious illness/injury must be incurred in the line of duty while on active status in the Armed Forces that renders the member medically unfit to perform duties of office, grade, rank or rating.
Because the amended FMLA is a new law, regulations are not yet in place to implement it. If you have an employee who may be eligible for leave under one of these provisions, consult with your legal counsel.
by Susan Kemp, Senior Labor Law Counsel, California Chamber of Commerce
Click here for a printable copy of the poster in English; click here for a printable copy in Spanish.
