Category
Risk Management
Random Drug Testing services for Florida Drug-Free Workplaces
Random drug testing will deter drug use, which helps stop accidents and improve safety. The Florida drug-free workplace statute allows but does not require, random drug testing of employees. A random drug test is not a test based on reasonable suspicion of employee drug use, or a targeted test. Statistically random testing is truly “random”......
OSHA’s Emergency Temporary Standard (ETS) requiring COVID-19 Vaccines Blocked by Supreme Court
On Thursday, January 13, the U.S. Supreme Court issued 2 decisions related to the Biden Administration’s push to require vaccines against COVIA-19 for the U.S. workforce. First, the Court stopped the enforcement of OSHA’s Emergency Temporary Standard (ETS) that mandated that employers with 100 or more employees to require vaccines, or r...
OSHA Posted a New ETS Regarding COVID-19
On June 21, The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released an expansive new emergency temporary standard (ETS) for those who provide healthcare services or healthcare support services. Effective immediately, the new standard was created to protect health care service workers from COVID-19. Some ...
Use CBD Products? Florida Drug-Free Workplace Implications
Will the use of CBD oils, lotions and pills cause a positive drug test under a Florida Drug-Free Workplace policy? CBD products are growing in popularity across Florida, and so is the potential risk that the inaccurate labeling of THC content in your CBD product will cause surprise drug test failures for employees and applicants.......
EEOC updates FAQs on Screening Employees for COVID-19 and Handling Medical Information
There was an update for employers from the Equal Employment Opportunity Commission (EEOC) on September 8. After public feedback, the EEOC updated several answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the COVID-19 pandemic. What was updated? FAQ A6 (COVID-19 testi...
Asphalt Company Wins Work Comp Case – 5 Tips You Can Use
A Florida asphalt contractor recently benefited from having effective human resource policies. It avoided paying disability benefits to an injured employee (his skid steer loader was hit by a dump truck) that refused to return to suitable work. In Florida, an injured employee is entitled to Temporary Partial Disability benefits (hereinafter TPD...
Terminating an Employee for Misconduct While They Receive Florida Workers’ Comp
We were recently asked by a client about whether or not an employee on workers’ compensation can be terminated for misconduct. I said yes, but explained that to cut off workers’ compensation benefits the “misconduct” must meet a special definition. An employee with a workplace injury is expected to follow company policy and co...
OSHA Changes Enforcement – When to Report COVID-19 Cases at Work
On May 19, OSHA updated its enforcement guidance to employers (and Compliance Officers) with respect to the recording of occupational illnesses, specifically coronavirus disease (COVID-19) cases. In mid-April, OSHA previously advised that most employers (except healthcare employers) did not have an obligation to analyze whether an employee’s COVI...
COVID-19 Safety at Construction Sites
In Florida, general contractors, construction trades, subcontractors and other construction related businesses have continued to operate during the “safer at home” orders because they were designated as essential businesses. There is also some evidence that working outside, in the sunlight may actually slow the spread of COVID. The CDC ...
Workplace Preparation for “Smart, Safe and Step by Step” Return to Work
On April 29, 2020, Governor DeSantis issued Executive Order 20-112 called Safe, Smart, Step by Step Plan for Florida’s recovery. The plan involves individual responsibility (limiting personal interactions and avoiding large groups), senior citizens and individuals with significant underlying medical conditions are still encouraged to stay hom...
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