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Showing posts for: Karen Davis

Mar 10 2020
Drug and Alcohol

DOT confirms CBD use doesn’t excuse positive marijuana test

The U.S. Department of Transportation (DOT) recently issued a bulletin confirming that using a product containing cannabidiol (CBD) isn’t a valid excuse for testing positive for tetrahydrocannabinol (THC) under DOT rules. Both products are derived from marijuana; THC has psychoactive effects, while CBD doesn’t. The cannabis industry is poorly regulated and as we previously reported,…

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Feb 28 2020
Q&ASafety and Health

Q&A: Follow CDC guidance on coronavirus concerns

Question: One of our employees went on vacation to Thailand and is scheduled to return to work in a couple of days. We don’t know whether her itinerary included any connections through China, but we’re concerned she could have been exposed to the coronavirus. Can we tell her not to come to work for a…

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Feb 28 2020
Safety and Health

OSHA zeroes in on respirable crystalline silica

The Occupational Safety and Health Administration (OSHA) recently launched a new National Emphasis Program to reduce worker exposure to respirable crystalline silica. Workers who inhale silica dust can develop serious lung diseases, which may be fatal or require lung transplants. The dust is generated when materials such as stone, rock, concrete, brick, and mortar are…

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Feb 11 2020
Drug and Alcohol

FMCSA random drug testing rate increases to 50%

The minimum random drug testing rate for commercial motor vehicle (CMV) drivers subject to federal drug and alcohol testing requirements has increased from 25 percent to 50 percent for calendar year 2020. Covered motor carriers must conduct enough random drug tests during the year to amount to at least 50 percent of the average number…

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Nov 21 2019
OregonWage and Hour

Oregon employers must ensure workers take meal periods

The Oregon Court of Appeals has ruled that employers have a duty to ensure that workers actually take the meal periods required by state regulations. With limited exceptions, the Oregon Bureau of Labor and Industries (BOLI)’s regulations on meal and rest periods require employers to provide a 30-minute unpaid meal period for each work period…

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Nov 13 2019
Safety and Health

New hire fatality from wood chipper results in $67k penalty

A sole proprietor of a tree-trimming business was ordered to pay $66,986 in penalties after an employee was killed by a wood chipper on his first day on the job. A crew of four workers, including the new employee, met in the morning at the owner’s house. Two of the workers were experienced; one of…

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Oct 23 2019
Safety and Health

OSHA cites employers for poor emergency procedures after two fatalities

In two separate cases, the Occupational Safety and Health Administration (OSHA) issued six-figure citations against employers that failed to plan ahead for foreseeable emergency situations. The employers have 15 business days to comply with the citations, request an informal conference with OSHA’s area director, or challenge the findings before the Occupational Safety and Health Review…

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Sep 25 2019
Wage and Hour

EEOC doesn’t intend to seek pay & hours data for 2019 or beyond

The U.S. Equal Employment Opportunity Commission (EEOC) says it needs time to analyze the 2017 and 2018 data on worker pay and hours it’s currently collecting, and therefore doesn’t intend to ask for such data in future years. The agency has also come to the conclusion that it grossly underestimated the amount of time it…

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Sep 25 2019
Safety and Health

Employer sentenced after welder’s death

In the aftermath of a welder’s death on the job, an oilfield company pled guilty to a willful violation of federal safety standards requiring tanks to be cleaned before welding. The welder was 28 years old and had recently moved to North Dakota to work in the oil industry after serving in the Marine Corps…

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Aug 29 2019
Safety and HealthWashington

Electronic injury & illness reporting to start in 2020 in Washington

Washington’s Department of Labor and Industries (L&I) has finally issued regulations requiring covered Washington employers to follow federal requirements and file annual injury and illness reports electronically with federal OSHA starting in 2020. As explained on OSHA’s Injury Tracking Application web page, the reporting portal will open again on January 2, 2020, and the deadline…

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Jul 31 2019
Wage and Hour

EEO-1 portal now open for filing data on pay and hours

Employers with 100 or more employees can now file “Component 2” of the EEO-1 Report, which covers pay and hours worked during 2017 and 2018. The deadline for filing the report is September 30, 2019. The requirement to file Component 2 data applies to companies with at least 100 employees on an employer-chosen snapshot date…

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Jun 26 2019
Wage and Hour

Q&A: Say what you mean in commission agreements

Answer: You do so at your peril. You promised certain payments if your sales team met specified goals. If this individual already put in the work to fully achieve those goals, then you are risking a lawsuit if you make a last-minute modification to your commission payout. Words of Caution In a recent California case,…

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