labor lawAdivision of labor law center

The Occupational Safety and Health Administration (OSHA) urges employers to be aware of the hazards of working in cold weather and take appropriate precautions. Employees who work outside or in freezers for extended periods are susceptible to Trench Foot, frostbite, cold stress and hypothermia. Every employer is responsible for establishing cold weather protocols for safety in the workplace.

To aid companies in ensuring safety of their workers, OSHA recommends several common-sense measures to protect against Cold Stress.

Proper clothing is of the utmost importance for Minnesota employees. OSHA standards suggest workers wear at least three layers of clothing. The fabric used in these layers is particularly important. Different fabrics contain different insulating properties and react differently to moisture.

For instance, when cotton gets wet, it loses its ability to insulate. Wool, on the other hand is a good insulator even when completely soaked. Therefore, cotton should be worn as the innermost layer to provide ventilation. Wool, or down, as the next layer will absorb sweat and keep the body warm. The third or outer layer needs to be a material like nylon or Gortex that will keep out the wind.

Proper clothing includes the entire body. Employees should always wear a hat. An exposed head can lose up to 40 degrees of body heat. Feet need to be kept warm, too. Workers should wear boots or insulated footwear, and if they work in wet conditions, the footwear should be waterproof.

While working outside, or inside a freezer, workers should avoid drinking alcohol and caffeine. These substances impede the body’s ability to keep warm. Prescription drugs and smoking cigarettes can also affect the body’s heating system. Workers need to be aware of these effects and dress and behave accordingly.

When employees are working in the cold, they should work in pairs and watch each other for signs of cold stress. Symptoms include confusion, disorientation and irrational behavior. To help avoid cold stress, workers should take frequent breaks in a warm area, such as a heated shelter or warm vehicle. Managers, supervisors and coworkers should all receive training to recognize these signs.

Minnesota Cold Stress

OSHA, the federal Occupation Safety and Health Administration, warns that employees can be injured by exposure to cold weather in the workplace, even at as mild a temperature of 50 degrees.

With the recent winter storms in the Midwest which knocked out power for nearly a month, Minnesota employers and those across the nation need to be aware that cold weather exposure can cause cold stress, frostbite and hypothermia.

Outdoor workers are particularly susceptible to cold weather hazards, but with winter upon the country, all employees could be at some level of risk.

Cold stress is a condition where the body can no longer warm itself. The colder the temperature, the more the body works to create body heat. All internal organs are given priority, which means that blood is taken away from the outer limbs. In these cases, ears, the nose, feet, hands, toes and fingers are in great risk of frostbite.

Hypothermia is a serious drop in body temperature, and can be fatal. Cold stress is a less serious form of hypothermia. In severe cases, however, cold stress can cause permanent injury and can result in death.

Certain workers need to be aware that they may be more susceptible to these cold weather related illnesses. Older employees, employees on sedatives or tranquilizers, and those on antidepressants may be at greater risk. Medications can interfere with the body’s ability to warm itself, and as people age, their bodies become less efficient at keeping warm.

A few simple safety measures can help all employees prevent these cold weather illnesses. All employees should dress for the weather. Wet and windy conditions, even at 50 degrees can cause cold stress, so workers should dress appropriately. Layers of clothing are recommended, as is having extra clothing on hand in case something gets wet.

Workers should also take lots of breaks and go inside, or to a warm area out of the wind, wet and cold. Warm drinks like broth are recommended, as are warm meals rich in carbohydrates.

Avoid alcohol and all caffeine drinks. Both diminish the body’s ability to warm up.

One of the major concerns for the Occupational Safety and Health Administration (OSHA) in Minnesota and throughout the country is violence in the workplace.

Sadly, homicides make up a major portion of that violence. According to the Bureau of Statistics, over 200 murders occurred on the job in the early 1990s. The number has decreased over the years, with 94 murders reported in 2006, but homicides are still a major factor.

OSHA defines violence as threats, verbal abuse, physical abuse, assault or homicide and is concerned about both workplace violence and the threat of violence against workers. Over 2 million Americans are victimized by workplace violence every year, blue collar workers and professionals alike. OSHA recommends several steps to help prevent violence on the job.

OSHA suggests equipping workers with cell phones and hand-held alarms, providing a safe drop for employees so less cash is on hand, and installing alarms, additional lighting and video surveillance cameras.

All employers should also establish an antiviolence program in the workplace. Detailed safety measures should be provided in writing to the employees (normally in the employee handbook), and all workers should be trained how to prevent and how to react to violent scenarios.

Zero tolerance by employers toward workplace violence is especially helpful as a deterrent. Companies need to ensure that all workers understand the antiviolence programs and know that violent incidents should be reported immediately. Businesses are required to promptly investigate and remedy these scenarios.

Unfortunately, certain occupations put workers at higher risk for violence, particularly jobs where employees deal with the public. These occupations include utility workers, cab drivers, mail carriers (and all workers who deliver packages, goods and services), and employees who provides social services (healthcare workers, social workers probation officers).

As a safety measure, outside salespeople and others who work away from an office should file their work plan with their employer and call in on a regular basis with their whereabouts.

For further information, employers can contact the National Institute for Occupational Safety and Health (NIOSH) to obtain material on preventing workplace violence.

Safety in the workplace comes under the jurisdiction of OSHA (Occupational Safety and Health Administration). One of the major concerns of OSHA is violence in the workplace.

OSHA defines violence as ranging from threats to physical assault and even homicide. When a violent incident occurs, even if the employee doesn’t think the threat is serious, the incident should be reported and investigated immediately. The General Duty Clause of OSHA requires employers to provide a safe and healthy work environment and will impose severe penalties upon employers that fail to comply.

When a worker is exposed to violence or threat of violence, employees should get the worker medical attention. Next, the police need to be notified and the employee must be advised of his or her legal rights to press charges against the perpetrators.

Among the coworkers, a counseling session or stress debriefing session should be set up, along with a meeting to discuss the attack and how to prevent future assaults.

These measures should already be a part of the company’s safety and antiviolence programs, and should be practiced just like a fire drill. Each worker needs to know how to recognize and how to report threats of violence.

Employers should also encourage employees to follow certain steps to help protect against violence both in the workplace and out of it. When dealing with the public, workers should limit cash on hand and carry only required I. D. Employees traveling alone, particularly to an unfamiliar site or scenario, should take pains not to arrive late at night.

Employees should report an incident as soon as it occurs, including maintenance and security issues. A fire door that doesn’t close completely or a lost electronic key card can be a threat to the work environment, too.

Reporting even the smallest incident can help prevent future ones, because workers who escalate to violent behavior against coworkers often give warning signs. An employee who verbally abuses a coworker, destroys company property or pokes a colleague in the arm might be foreshadowing problems to come.

The past year has brought myriad changes in labor law throughout the nation. And, more changes are on the way. California, Washington, Oregon, Colorado and ten other states will be raising their state minimum wage as of January 1, 2008. 

Every employer in Minnesota should take a few minutes during this busy season to update his or her 2008 Minnesota labor law posters.

Many of these changes affect labor law posters, which is why it’s important to update the posters at least once per year.

The official list of required 2008 Minnesota labor law posters include:

• Minimum Wage
• Leave of Absence/Parental Leave Rights
• OSHA – Health and Safety Protection on the Job
• Workers’ Compensation
• Discrimination Notice
• Unemployment Insurance

In addition to the state posters, federal law requires that every employer in the nation display a number of posters. These include:

• USERRA – Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection

A number of these posters have been updated for 2008.

The minimum wage is scheduled to go up again in 2008. On July 24, the federal minimum wage will increase from $5.85 to $6.55 per hour. As with the increase in 2007, several other states will bump up their minimum wage, too, as a result of the federal minimum going up.

In other changes to labor law in 2007, Illinois also enacted a tough law regarding smoking. Almost every work environment, even restaurants bars and casinos are now non-smoking. Labor law posters will need to be updated as a result of these changes.

Until October, teens in Alaska could be employed by a gas station or convenience store that sold cigarettes. And though it was already illegal in Alaska for anyone under the age of 19 to buy cigarettes, people were concerned that these teens could be selling cigarettes to friends who might be underage. The Child Labor Laws, therefore, were amended to prohibit anyone under the age of 19 from selling cigarettes.

The past year also saw a number of significant minimum wage violations. In September, two companies agreed to pay nearly $1 million in unpaid overtime to 382 workers employed in the wake of Hurricane Katrina. The workers were employed by L&R Security Inc. of New Orleans and HKA Enterprises Inc. of Duncan, South Carolina as subcontractors for CH2M Hill of Englewood, Colorado under a FEMA contract. Employees worked as security guards at FEMA trailer sites and in debris removal, but were not paid overtime in accordance with federal law.

In early July, the U.S. Department of Labor forced 107 subcontractors of KBR, Inc. of Virginia to pay some $1.5 million in back wages and benefits for up to 2,600 workers who participated in the Hurricane Katrina recovery project. The construction workers were involved in repairs to the Naval Construction Battalion Center in Gulfport Mississippi or the Naval Air Station/Joint Reserve Base in Belle Chasse, Louisiana. The U.S. Department of Labor is still searching for some of the workers involved in that case. Anyone who believes that they are owed back wages for these projects can contact the nearest U.S. Department of Labor office. The average payment per worker in that case was $616.

In August, five jointly-operated restaurants in Long Island, New York were ordered to pay almost $1 million to 191 low-wage workers. The employees had been forced to work long hours for wages less than the minimum wage, without overtime pay.  The court ordered that if the employers did not pay up, their restaurants could be sold and the proceeds used to pay the employees.

In addition to the changes in 2007, more changes are scheduled to occur in 2008.On January 1 and July 1, 2008, over 20 states will increase their state minimum wage.

Wetting asbestos is one of the best ways to minimize its toxic dust, according to a recent Minnesota OSHA alert. The tiny particles of asbestos can be inhaled, and are a severe health risk. Another acceptable system is storing any parts containing asbestos in sealed and labeled plastic bags.

A recent Minnesota worker safety alert explains the best methods of reducing the risks associated with asbestos in auto repair shops. Two recommended procedures to control asbestos fibers include the negative pressure enclosure/HEPA vacuum system and the low pressure/wet cleaning.

The OSHA alert warns that asbestos still poses a danger in the workplace. Some older models of trucks and cars have asbestos in the brakes and clutches. Asbestos can break into tiny particles that threaten the health of mechanics and other workers. New cars do not contain asbestos in the clutches and brakes.

OSHA strongly recommends that consumers avoid making any repairs to clutch and brake systems themselves. Instead, the work should be entrusted to a professional who can handle the asbestos safely.

Asbestos is so dangerous because it disintegrates into tiny, invisible particles that spread in the air. Once inhaled, the particles remain in the lungs forever. Workers can develop asbestos-related diseases, even years later. Some common illnesses caused by asbestos include gastrointestinal cancer, lung cancer, and mesothelioma. About 10,000 people die in the US each year because of asbestos-related illnesses. 

An alternative system to control asbestos, according to OSHA, is the spray can/solvent method. Both the wet method and the spray can/solvent method are acceptable only in shops that do few repairs on brakes and clutches. OSHA has approved these methods only for auto shops where 5 or fewer brake and clutch jobs are done each week.

The recent Minnesota worker safety alert reminds employers, especially in auto repair shops, that they are responsible for creating a written plan for handling asbestos in the workplace. Employers must train workers to handle asbestos safely. Failure to establish such procedures, or not following them, is a violation of state and federal regulations. In addition, it can pose a serious health risk for everyone in the shop – not just the workers.

One of the purposes of the new USERRA regulations is to protect employees who serve in the military’s job benefits and prospects while they are away on active service.  When the employee returns to their civilian jobs after a period of service they are entitled to benefits and promotions that they would have receive had they been present.

There have been a number of test cases involving veterans returning from military service. The results were that in some cases they were awarded cost related pay rises and annual salary increases equal to those they would have received if they had not been on military service. Some were also awarded promotions that they would have received to due length of service in their civilian jobs.

The final USERRA regulations were recently released by the Dept. of Labor and these provide a welcome clarification to the rights of those serving in the military that have to leave civilian jobs for a period of time. Although it was relatively well known that a veteran’s civilian job had to be kept open for a period of five years, these regulations were not so well known.

Now would be a great time to ensure that there is an up-to-date Minnesota USERRA poster in your workplace. The most recent regulations state that members of the Air Force, Navy or Army reserve are entitled to have their civilian jobs protected for a period of up to five year. The regulations also apply to returning veterans. The period of five years does not have to be continuous. For example, a volunteer who serves for a period of two years, returns to their civilian job, and then serves for another period of three years is still protected under the USERRA regulations.

It is recommended that employers familiarize themselves with the recent USERRA regulations and make sure that all concerned parties understand how they affect the work force.