Unlock the Power of Compliance: Navigating Recent Labor Law Changes
In today’s dynamic business landscape, staying informed about evolving labor laws is vital. Our comprehensive guide provides valuable insights into recent and upcoming labor law changes, helping you navigate the complexities and ensure compliance. Let’s delve into the key updates:
Occupational Injury and Illness Recordkeeping
OSHA has some big changes in 2024 when it comes to its occupational injury and illness recordkeeping. As of January 1st, 2024, OSHA is making changes to workplace injury and illness reporting.
Although details (e.g., employee names, addresses, healthcare professionals’ names, off-site treatment facility information, etc.) will not be collected, employers in industries with 100 or more employees will now have to electronically submit information from OSHA Forms 300 and 301, aka an official log of work-related injuries.
For establishments with 20 to 249 employees in certain industries, the annual requirement is to submit information from OSHA Form 300A electronically.
Larger establishments (i.e., 250 or more employees) keeping records under OSHA’s regulation must also submit Form 300A data.
Additionally, OSHA is updating industry codes (NAICS codes), and introducing new codes (Appendix B) to specify which industries need to submit Form 300A, Form 300, and Form 301. When making electronic submissions, establishments must include their company name. Ultimately, OSHA plans to publish some of its annual electronic submission data on a public website, with precautions taken to remove sensitive and personally identifiable information.
Workplace Violence
Introduced by Cortese, Senate Bill 553 addresses workplace safety and violence prevention. Specifically, commencing January 1, 2025, the bill empowers collective bargaining representatives to seek restraining orders and hearing orders for employees who have experienced violence or threats at work. Affected employees must be given the option to decline being named in the order.
Furthermore, the legislation mandates employers to establish and maintain a comprehensive workplace violence prevention plan across all work areas.
Employers are required to maintain a log for each workplace violence incident. Effective employee training on the prevention plan is obligatory, with additional training required for newly identified hazards or plan changes. Furthermore, detailed records must be maintained and made accessible to the division, employees, and representatives.
In terms of enforcement, the Division of Occupational Safety and Health will enforce the workplace violence prevention plan through citations and civil penalties. The bill outlines citation issuance procedures with provisions for appeal. The division is tasked with proposing standards for the plan by December 1, 2025, and the standards board is expected to adopt them by December 31, 2026.
Additionally, employers must integrate the workplace violence prevention plan into their existing injury prevention programs. Violation of this requirement may result in misdemeanor charges under specific circumstances, expanding the potential legal consequences for non-compliance. Ultimately, the goal of the bill is to enhance workplace safety by addressing and preventing incidents of violence, ensuring the implementation of preventive measures, and establishing a framework for enforcement.
Employee Protection
Senate Bill 497, presented by Smallwood-Cuevas, revolves around preserving the rights of employees engaged in protected conduct with notable adjustments to existing laws. The bill maintains the current legal provisions preventing discrimination or adverse actions against employees involved in protected conduct, establishing a rebuttable presumption in favor of the employee’s claim if an employer takes prohibited actions within a specified timeframe of the protected activity.
Presently, employers may face civil penalties for violations related to specific employee disclosures in investigations; SB 497 specifies employers are liable for a civil penalty, not exceeding a predetermined amount per violation awarded to the retaliated employee.
The Labor Commissioner assesses penalties based on the nature and seriousness of the violation. Addressing wage disparities and restrictions on wage discussions, the bill also prohibits employers from limiting employees in disclosing wage information, establishing a rebuttable presumption in favor of the employee’s claim if prohibited actions occur within a specified timeframe of the protected activity. Ultimately, SB 497 enhances protections for employees involved in protected conduct, introduces substantial civil penalties for retaliation, and addresses issues related to equal pay and wage information disclosure.
Employee Sexual Harassment Protection
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces significant provisions related to employer duties and worker protection under the Equality Act 2010.
The Act amends the Equality Act 2010 to include a new section (40A) that mandates employers to take reasonable steps in preventing sexual harassment of their employees during employment.
Amendments to section 120 of the Equality Act 2010 empower employment tribunals to consider contraventions of the newly added section 40A(1). The tribunal can address such contraventions in line with section 124A, which deals with compensation uplift in cases of sexual harassment.
Similarly, a new section (124A) outlines remedies for cases where an employment tribunal finds a contravention of section 40 (i.e., harassment of employees) involving sexual harassment. The tribunal may order a compensation uplift, not exceeding 25% of the compensation awarded under section 124(2)(b), based on the extent of the contravention of the employer’s duty to prevent harassment.
Relating to the Commission for Equality and Human Rights, Part 1 of the Equality Act 2006 has amendments to include references to alleged contraventions of the new section 40A(1) in unlawful act notices and enforcement powers. The Act applies to England, Wales, and Scotland. It comes into force on the day of passing, except for sections 1 to 4, which come into force one year after passing. The Act is titled the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Employment Discrimination
Introduced by Bradford, Senate Bill 700 addresses employment discrimination related to cannabis use under the California Fair Employment and Housing Act (CFEHA). Although the CFEHA prohibits various forms of employment discrimination, as of January 1, 2024, it is unlawful for an employer to discriminate against a person based on their off-the-job and away-from-the-workplace cannabis use.
SB 700 extends these protections by making it unlawful for employers to request information from job applicants regarding their prior cannabis use. However, under specified provisions of the CFEHA or other state or federal laws, information obtained from an applicant’s criminal history about cannabis use is exempted if the employer is allowed to inquire about such information. Moreover, the bill clarifies that the prohibition against discrimination does not prevent employers from conducting scientifically valid pre-employment drug screenings that do not screen for non-psychoactive cannabis metabolites.
It also outlines exceptions for employees in the building and construction trades and emphasizes that employees cannot possess, be impaired by, or use cannabis on the job.
Ultimately, SB 700 is set to become operative on January 1, 2024, and does not override state or federal laws related to drug testing for controlled substances, including regulations for positions requiring federal government background investigations or security clearances.
From the nuanced adjustments to OSHA’s occupational injury record-keeping to the groundbreaking Workplace Violence Prevention measures introduced by Senate Bill 553, we want our comprehensive guide to help guide your compliance-making decisions amidst recent and forthcoming labor law changes.
We also hope you can consider immersive learning through virtual reality (VR) to provide engaging and cost-effective training for workplace violence prevention, sexual harassment, or other types of employee upskilling. From teambuilding exercises to how to handle machinery, VR can be used to help employees develop skills and stay up to date with industry best practices.
Sisu VR offers innovative workplace violence and anti-harassment training focused on building interactivity and empathy. If you are interested in learning ways to integrate immersive learning into your employee training, reach out to us. We want to empower you to build a more inclusive and respectful workplace! 💎
For more information on the laws mentioned in this article:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB553
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB497
https://www.legislation.gov.uk/ukpga/2023/51/enacted
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB700
