labor lawAdivision of labor law center

With temperatures soaring in Washington and throughout the nation in the past few weeks, the Washington Department of Labor & Industry has issued a worker safety warning for employers.

The Washington Department of Labor and Industries in Tumwater wants employers to be aware of precautions that workers must take to avoid heat stress, heat stroke and heat-related illness.

Tragically, heat-related illnesses in the workplace can result in disability and even death.

Employees should take these precautions when working outdoors, especially in hot, sunny conditions: 

• Drink as much as one cup of water every 15 minutes
•  Know the signs and symptoms of heat-related illness
•  Pace your work and take breaks.
•  Wear lightweight, light-colored clothing
•  Avoid alcohol, caffeine and heavy meals  

The same precautions apply when employees work indoors without air conditioning, especially in industries involving heat such as factories and restaurant kitchens.

Heat-related illness can cause serious medical conditions, including disability and death.

The L&I emphasizes that Washington employers are required to provide safe working conditions for employees, including protection from heat-related illness.

Supervisors and workers should be trained to recognize the symptoms of heat stress and to respond. During especially hot weather, employees may need to take rest breaks as frequently as every hour. If possible, breaks should be taken in an air-conditioned location such as a building or vehicle.

Workers suffering from heat stress may be disoriented and unable to summon help. For that reason, employees should never work alone in hot weather. Employers should use the buddy system, with employees charged with the responsibility of watching out for each other. Employees should also be trained in responding to heat stress and heat stroke, including giving the worker extra liquids, cooling them off in an air-conditioned location, and summoning professional help. 

More information and resources regarding  outdoor heat exposure are available.

OSHA is once again addressing regulations on combustible dust hazards in the workplace.

The U.S. Department of Labor recently announced that OSHA will issue an Advance Notice of Proposed Rulemaking on this controversial topic. The new regulations will address issues such as:

• Defining combustible dust
• Hazard recognition
• Assessment
• Communication 

OSHA has asked employers, unions, workers and other interested parties to weigh in with their thoughts on the new regulations and related enforcement methods.

Tragically, a number of workplace deaths have resulted from combustible dust explosions in the past few years. An explosion at an Imperial Sugar Co. plant explosion in Port Wentworth, Georgia killed 14 workers in February, 2008. OSHA levied $9 million in fines against the owners.

In April 2009, 3 workers lost their lives (more…)

Although the worst of the Swine Flu scare is past, it is still smart for every employer to have a plan in place for an pandemic – a global influenza epidemic.

OSHA, the federal Occupational Safety and Health Administration, has partnered with the Southern California Education and Research Center to provide worker free safety seminars to employers.

The Southern California Education and Research Center based at UCLA is offering a one-hour webinar for employers, Preparing Your Business to Survive Pandemic Flu and Other Disasters.

Scientists say that new strains of influenza mutate spontaneously every year, so the risk will remain high for many years to come.

The SCERC offers three one-hour workshops onsite for businesses or organizations.

Topics include:  

1. Pandemic Flu – What Is It? How Can It Affect My Business?
2. Pandemic Flu – Hazards, Prevention and Exposure Reduction
3. Planning Workgroups: Individual Planning Exercises  

Employers can schedule a workshop with one, two or all three sessions.

The presentations address:

• Basic influenza info for all employees
• Operations panning for a major influenza outbreak
• Financial issues for Human Resources Pros
• Supply chain interruption
• Retaining Customers
• Resources 

For employers who prefer to participate in these free Swine Flu seminars online, there are two (more…)

Under a Minnesota law taking effect on January 1, 2009, employers must pay benefits for any workers who do not have a certificate showing they are an independent contractor.

The Minnesota Independent Contractor Exemption Certificate (ICEC) law requires individuals who work as independent contractors in the construction industry, to obtain a certificate from the Minnesota Department of Labor and Industry. The law does not apply to individuals doing business as corporations, LLCs or partnerships.

Contractors who employ individuals who do not have an ICEC must pay state workers’ compensation and unemployment insurance for those individuals. In addition, such workers are considered employees legally and all state and federal employment laws, including minimum wage, overtime and worker safety standards, apply.

The law was designed to (more…)

Employers have received fair warning from theWashington Division of Labor & Industry that they must update Washington labor law posters before January 1, 2009. The agency reports that a number of companies are not in compliance. In particular, several have neglected to update their federal labor law posters since the increase on July 24, 2008.

Although the Washington minimum wage is higher than the federal minimum wage, federal law still requires that Washington employers prominently display the federal poster, as well as state posters.

The required Washington labor law posters include:   (more…)