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Developing an Injury and Illness Prevention Program

Employers are responsible for maintaining a safe and healthy work environment for their employees.

In California, every employer with 10 or more employees is required by the state (Cal/OSHA) to have an effective Injury and Illness Prevention Program (IIPP). Additionally, they must record injuries and illnesses on Form 301, and prepare an annual summary on Form 300A of all the work-related injuries and illnesses that occurred during the calendar year. Form 300A must be posted between February 1 and April 30. These forms are available from the State of California Department of Industrial Relations. Records need to be maintained in your files for 5 years.

The Injury and Illness Prevention Program must be a written plan that includes policies and procedures on topics such as safe work practices, periodic inspections, what to do in the event of an accident, safety training, and recordkeeping. There are 8 specific elements that must be included in the plan:

Management commitment/assignment of responsibilities
Safety communications systems with employees
System for ensuring employee compliance with safe work practices
Scheduled inspections /evaluation system
Accident investigation
Procedures for correcting unsafe/unhealthy conditions
Safety and health training and instruction
Recordkeeping and documentation

Review your IIPP at least annually to ensure that policies and procedures are up to date and that it includes any newer situations, e.g., active shooter, that you need to be prepared for. FEMA has some helpful information on what to do in the event of an earthquake, fire, or active shooter.

Additionally, to be effective your IIPP must:

Fully involve all employees, supervisors and management
Identify the specific workplace hazards that employees are exposed to
Correct identified hazards in an appropriate and timely manner
Provide effective training

If you employ fewer than 10 employees, you can:

Communicate to and instruct employees orally about safe work practices
Choose to maintain records of inspections only until the hazards identified are corrected
Document training by maintaining an instruction log that you provide to a new employee or to an employee reassigned to new duties

Seasonal employers can use a model program designed specifically for seasonal employers, available at the Division of Occupational Safety and Health (Cal/OSHA) website. Additional IIPP requirements apply to specific industries, such as the construction and petroleum industries.

Cal/OSHA has created a Microsoft Excel workbook that contains Form 300, Form 301, and Form 300A. The forms are linked, so the totals on Form 301 are automatically copied to Form 300A. This facilitates the process of recording illnesses and injuries and transferring them to the yearly summary.

If you need help developing your IIPP plan, please contact me at Michelle@connecttohr.com.

If You See Something, Say Something

We think it can’t happen here until it does.

The deadly shooting at the Gilroy Garlic Festival – an annual event meant to celebrate summer, food and community – and this past weekend two more mass shootings in El Paso, Texas and Dayton, Ohio.

These three incidents have been added to a growing list of tragedies perpetrated by disturbed, angry or just plain evil individuals.

It calls on us all to be more aware of our surroundings – whether at large public events or at the smaller venues where we play, where we worship, where we work.

I’ve been pondering what we can all do. Today, while I was watching the news, an FBI agent shared that in deadly shootings in the past there were warning signs. If you see something, say something. You may prevent someone from harming others or from harming his or herself.

A situation comes to mind that happened several years ago when I was working in corporate. A manager who was beloved by all lost two people close to him within a matter of months. He still came to work and he still got things done, but he just didn’t seem to be himself.

Then one day he didn’t come to work. He didn’t call in and he didn’t answer his phone. His leader sent two staff members to his home (bad idea, but more on that later). When no one answered his door, the staff members called police (good idea). Tragically, the manager had taken his own life.

I share this to emphasize the importance of being aware. Pay attention when a coworker’s behavior or demeanor suddenly changes. Check in with them. Isolation can be another warning sign. Maybe they just need someone to talk to. If you’re not comfortable doing that or they resist, consult with your manager or HR. If you see behaviors that are particularly alarming – bullying, threats (verbal or in writing), etc. – contact HR immediately. If you perceive that you or others are in imminent danger, call your security team or the police immediately.

The hotline number for Workplace Violence Prevention and Response is: 1.877.987.3747.

Often we get so busy with the multiple obligations we have – work, home, family – we don’t notice the human interactions around us. Pay attention.

And for leaders (back to my story) if faced with a similar situation, send security or someone trained to deal with such incidents rather than putting staff members in that position.

Please contact me if you need help dealing with any employee issues.

Focus for Effective Performance Management

In my last article I talked about the importance of making performance management an ongoing process versus just an annual event. Performance should be managed in the spirit of learning and development, helping employees build on their strengths and embrace the challenge of acquiring new skills and responsibilities. Leaders should model this by continuing to develop their own capabilities.

But with goals to meet, teams to manage and issues to resolve, how do you, as a leader, go about achieving this?

It takes focus. Daniel Goleman, author and psychologist, says that leaders need three kinds of focus:
1) Inner focus, 2) Other focus, and 3) Outer focus.

Let’s apply this to the performance management process.

Inner focus. Inner focus is the ability to monitor your thoughts, feelings and emotions. This may be the hardest focus to achieve because it means you actually have to stop. And think. And few of us, in our ever-busy, need-to-achieve world, give ourselves that time. Yet those who do, as indicated in the Inc. article, Why Successful People Spend 10 Hours a Week Just Thinking, reap multiple benefits. Warren Buffet estimates he has spent about 80% of his career reading and thinking. Bill Gates takes a week off twice a year to spend time reading and reflecting. Give yourself time away from the noise to reflect on areas where you might better utilize team members’ skills, where they need to improve or prepare for what’s next, and what you personally need to do to prepare.

Other focus. This is the ability to empathize with others. Other focus will help improve your relationships with individual team members and the team as a whole. Use other focus to give employees regular feedback – both positive and developmental. Ask how you can help. Listen. Ask for their feedback. Position yourself as a coach with the intent to help them achieve team, organizational and personal goals.

Outer focus. Outer focus is the ability to understand the larger forces/systems in play and to think strategically. This is where you set the vision for the team and communicate where the organization is headed. Help each team member understand how their goals tie to the team goals and how the team goals tie to the organizational goals. When employees can visualize how what they do impacts the direction and success of the organization, they are more likely to be engaged, perform better and stick around. And that’s what effective performance management is all about.

If you need help in making performance management a process and not just an event, please contact me at michelle@connecttohr.com.

Performance Management is a Process, NOT an Event

Despite the fact that leaders and employees alike dread the annual performance review, a 2018 survey by research firm WorldatWork found that 80% of companies still use a formal performance review process.

Employees need to know how they’re doing. And they shouldn’t have to wait to some future date to get that feedback. No news is NOT good news when it comes to keeping employees engaged (by acknowledging their accomplishments) and keeping your team and organization on track (by addressing performance issues). A review meeting once a year is not effective. In fact, research shows that annual employee reviews have minimal if any effect on individual or organizational performance.

So what’s the alternative?

Make performance management a process not just an event. Give employees regular, timely feedback. Be specific. Acknowledge their accomplishments and share how their performance positively impacted the team and/or organization. Discuss any issues “in the moment” to help reestablish expectations and initiate the improvement process sooner rather than later. If you allow a performance issue to continue without bringing it to the employee’s attention, he or she may not even realize it’s a problem.

Adopt a coaching mindset. Feedback shouldn’t be a report card, but rather a development tool. Help your employees build on their strengths and develop in the areas where they are not as strong – relative to the needs of the organization – today and tomorrow – and to their own career goals. When there’s an issue, ask good questions to determine the root cause – is it an ability issue? A training issue? An attitude issue? Then mutually decide the appropriate solution.

Ask for their feedback. Create an environment where employees seek feedback and view it as a growth opportunity. Do this by setting the example. Ask for their feedback – “What can I do better?” “How can I help you?” – and then act on it, as appropriate.

Effective leaders work on helping their employees develop and grow, and also work on growing themselves in all the skills and competencies they need to successfully lead their teams and organizations. This takes focus. Daniel Goleman, author and psychologist, says that leaders need three kinds of focus: Inner Focus – the ability to monitor your own thoughts, feelings and emotions; Other Focus – the ability to empathize with others; and Outer Focus – the ability to understand larger forces or systems.

Tune in next time when we’ll look at how you incorporate these three focus areas into your performance management conversations.

How Women Rise – Breaking the Habits That Are Holding You Back

In my last article I talked about a couple of the self-limiting behaviors that Marshall Goldsmith and Sally Helgesen discuss in their book, How Women Rise.

This time I’d like to talk about a few more of those behaviors and share some suggestions around how women might transform those behaviors to get to where they want to be.

Reluctance to claim achievements. Women tend not to brag about their accomplishments and often go out of their way to give credit to others. But here’s the thing. Those who are making decisions around pay, opportunities, and advancement need the data to make those decisions. Periodically take stock (and write down) what you’ve achieved and the value you’ve provided to the organization. And don’t hesitate to share it. Don’t wait for others to “spontaneously notice and reward” your hard work. Be bold.

Failing to enlist allies from day one. Goldsmith and Helgesen suggest that, when starting a new job, instead of isolating yourself to spend time getting up to speed, begin immediately building a network of partners at all levels. “The more inclusive your ally web, the more robust your support.” Another author, successful businesswoman Carla Harris, says that to be successful in business people need three key relationships – an advisor, a mentor and a sponsor.

Putting job before career. This is one of the areas where a strength – loyalty, commitment to the team – may be working against you. You do your job so well and get recognized for it (what would they do without you?) that you lose sight of your career goal. Again, take stock of what you are doing and how it contributes to where you ultimately want to be.

The disease to please. This is an area that may be the result of the gender-related messages received as children – girls rewarded for putting others ahead of themselves. The authors say, “Even women at senior levels tend to be most highly rewarded when they fulfill expectations in ways that others find pleasing rather than when they act boldly or assert independent views.” Take a step back and think about what your personal priorities are.

Allowing yourself to be minimized. Goldsmith and Helgesen say that women may inadvertently minimize their presence and impact by being too willing to squeeze into a circle (while men will let others adjust), by speaking softly, or by understatement: “I was just thinking,” or “I could be wrong, but…” or by using “I feel” instead of “I propose” or “I think.” These physical or vocal signs may be perceived as a lack of confidence and could hold you back from getting to where you want to be.

For the rest of the 12 habits in How Women Rise: Break the 12 Habits Holding You Back from Your Next Raise, Promotion, or Job, I suggest you buy the book!

Women in Leadership – Are Old Habits Holding You Back?

It’s rather alarming that we are in the 21^st century and yet there are still so few women in top corporate positions. According to Pew Research, women make up only 5.2% of CEOs in Fortune 500 companies and 5.4% of CEOs in Fortune 1000 companies.

Why is that?

Some of it is the result of inherent challenges that women still face in the workplace – being given equal consideration for leadership opportunities, being paid equally, sexual discrimination and harassment, finding a mentor or champion to guide them in their career, balancing work and home life.

Some of it is perception – many corporate cultures still think of men as the natural choice when it comes to leadership, adopting an attitude of “men take charge, women take care.”

And some of it is that the skills and behaviors that help women early in their careers may be working against them as they strive to advance up the corporate ladder.

World-renowned executive coach Marshall Goldsmith and women’s leadership expert Sally Helgesen took a look at these self-limiting skills and behaviors in their recently-published book, How Women Rise.

Based on their combined 60 years of experience working with leaders all over the world, the authors identified 12 habits that hold women back from getting their next raise, their next promotion or their next job. Although these are not uniquely women’s behaviors, Goldsmith and Helgesen observed that these 12 habits are the most likely to create a barrier for women in getting to where they want to be – in their career or in their life.

One of the first habits the authors talk about is women’s reluctance to point out their achievements. They don’t want to appear to be bragging. And they have a natural tendency to want to share credit with others – “it was a team effort.” Men, on the other hand, are less likely to feel shy about sharing what they’ve accomplished. By not promoting their personal achievements, women often don’t get the recognition (or the opportunities) they deserve.

Another habit they discuss is “The Perfection Trap.” Goldsmith/Helgesen attribute this behavior to the differing messages girls and boys get from their families growing up. Girls are often praised for their precision and for supporting others. Boys are praised for their daring exploits, competitiveness and winning. As children turn into adults, the messages evolve into personal beliefs about success and how to function in society and the workplace.

The good news is, How Women Rise doesn’t just provide insight about the particular habits that may be holding women back. The authors also provide detailed tutoring on how to replace those habits with behaviors that will lead to better results.

Tune in next time when we’ll explore more of the 12 habits and how to turn them around.

The Best Leaders Continue to Learn

It’s easy to get complacent once you’ve reached the top. You’ve worked hard to get there and now you’re ready to guide others as they work toward achieving team and organizational goals. But here’s the thing. Change is constant – challenges, the work environment, people, goals, business needs – and unless you keep learning you will not be prepared to effectively respond to those changes.

So, what are the skills that are important to continue to develop?

If you look at the myriad lists of “top” skills and competencies for leaders (and there are many of them!) there are several skills that consistently bubble to the top: strategic thinking, effective communication, interpersonal skills, a desire to develop others. These are some of the traditional skills that make an effective leader. But there are some additional skills that have become increasingly important over the past few years as we look at a new way of working in the 21^st century. Skills like emotional intelligence, self-awareness, and collaboration.

There was a time when “emotions” did not enter into workplace conversations, at least not in a positive way. Leaders managed actions, not emotions. Today, however, emotional intelligence, or EQ – the ability to recognize and manage your own emotions as well as those of others – is seen as perhaps the most essential skill to succeed as a leader.

One of the elements of emotional intelligence is self-awareness. Leaders who are self-aware, who know their strengths and are willing to admit the areas where they need development, tend to have stronger, more trusting relationships with their teams and colleagues. Self-awareness means understanding your strengths, and also recognizing behaviors that may be working against you. In a previous blog, Your Personal Best Starts with Self-Awareness, I talked about how certain “triggers” in our environment may prevent us from performing at our best. Learning to identify and manage our response to those triggers helps us grow as leaders.

Another element of emotional intelligence is empathy. Although we’re not seeing it demonstrated much on the national stage, empathy has been called THE skill for the 21^st Century.

Empathy is described as “the ability to understand, recognize and appreciate the way others are feeling, even if it is different from what you are feeling.” A more visual description is from the book To Kill A Mockingbird, when Atticus Finch says, “You never really understand a person until you consider things from his point of view – until you climb into his skin and walk around in it.”

Learning to understand someone else’s point of view – to figure out “where they’re coming from” – has myriad benefits in the workplace and in life in general. It improves interpersonal relationships, teamwork, negotiations, collaboration, sales, customer service, even parenting! And the good news is, as I discussed in a previous blog, Empathy: An Essential Skill for Leaders, empathy can be learned!

Often when we talk about leadership and communication, the focus is on the leader as a provider of information – vision, goals, feedback, updates, solutions – and how frequently and forthrightly that information is provided. But communicating effectively as a leader is more than just giving information. It’s about listening to your employees and conveying that you heard and understood. It’s about ensuring that your tone and body language are in sync with your words.

Leaders who demonstrate to their employees and their teams that they listen – really listen – build trust, promote engagement and inspire loyalty. In a previous blog, Are You Listening? Really Listening? I gave some tips on how to be a better listener.

As I work with leaders in the executive coaching side of my business, my goal is to help them become the best leader they can be. And that always starts from a place of helping them develop self-awareness and promoting continuous learning.

Are you, or is someone in your organization looking to improve their effectiveness as a leader? Contact me for a free consultation to learn about the benefits of coaching.

Get the Best from Your Team – Be an Effective Coach

In my work with leaders over the years, I’ve found that the most effective leaders are those who embrace their role as a coach – to their teams and to their individual employees. These are leaders who listen, who develop and empower their people, and who earn respect through their actions and how they treat others.

Developing your skills as a coach is one of the best ways to grow as a leader.

A great reference tool for this is the book, Trillion Dollar Coach, which profiles Bill Campbell, a football coach turned C-Suite executive who created a third career coaching some of the top CEOs in Silicon Valley. The book is written by Eric Schmidt, Jonathan Rosenberg and Alan Eagle, Google executives who witnessed firsthand “Coach Bill’s” ability to “build trust, foster personal growth, and inspire courage.” The authors interviewed more than 80 people to create a compendium of Bill Campbell stories, insight and wisdom.

Here are 5 key takeaways from Coach Bill’s principles that the authors shared.

Your title makes you a manager, your people make you a leader. Build relationships with your team – show them that you care about them as people. Get to know them. Ask about their lives outside of work, their families. Be generous with your time, connections and other resources.
Respect must be accrued, not demanded. The command and control style of leadership doesn’t work anymore. Treat your employees with respect. Listen to them. Be an evangelist for courage by believing in people more than they believe in themselves. Don’t tell them what to do – offer stories and help guide them to the best decisions for them.
Honesty is key. Practice complete candor. Pair negative feedback with caring. And give feedback as soon as possible. If it’s negative feedback, deliver it privately. Feedback is necessary for growth, and your responsibility as a leader and coach is to help your people grow.
Pick the right players. Look for those who have the ability to learn fast and are willing to work hard. Choose people with integrity, grit, empathy and a team-first attitude.
Create a decision-making process that ensures all perspectives and points of view are heard. Look for the best idea, not necessarily consensus. If necessary, break a tie and make the decision.

Stay tuned for future blogs when we’ll talk about more ways you can grow as a leader.

50 or More Employees? Here’s What You Need to Know

When your organization reaches 50 or more employees there are some additional federal, state and local laws you need to start following to ensure you are in compliance. Here are two important areas of compliance that affect employers with 50 or more employees.

Harassment Prevention Training

Since 2005 employers with 50 or more full-time, part-time, and temporary employees or independent contractors have been required to provide supervisory employees with two hours of sexual harassment prevention training within six months of hire or promotion, and once every two years thereafter.

Under recently passed legislation, employers with five or more employees are now required to provide anti-harassment training to all employees – both supervisors and non-supervisors – every two years. California SB 1343 requires that all employees be trained by the end of 2019. Training for non-supervisors must be at least one hour. Training for supervisors must be two hours.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

For the birth and care of the newborn child of the employee;
For placement with the employee of a son or daughter for adoption or foster care;
To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.

Companies fall under FMLA when they have 50 or more employees in any (not just consecutive) 20 calendar weeks of the current or preceding year.

Eligibility

Employees who satisfy certain criteria are eligible for Family or Medical Leave of up to 12 weeks during each rolling 12-month period in accordance with applicable law. Employees eligible for Family and Medical Leave are those who:

Have completed 12 months of employment with their employer;
Have worked at least 1,250 hours for their employer during the previous 12 months; and
Work in a facility with at least 50 employees or in a facility where there are at least 50 employees within 75 surface miles. Employees with no fixed work site will be considered to work from the site to which they report, or the site from which their work is assigned, or the site designated as their home base.

NOTE: Companies must continue the same health plans in which the employee was enrolled before the first day of the leave at the same level and under the same conditions of coverage as if they had remained an active employee for the lesser of the duration of such leave or 12 work weeks.

California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) is very similar to FMLA and applies to employers in California. CFRA allows eligible employees to take up to 12 weeks of unpaid job-protected leave during a 12-month period.

CFRA covers private employers with 50 or more workers within 75 miles of the worksite, and public employers with any number of workers. CFRA runs concurrently with FMLA.

CFRA was enacted to provide employees with work leave rights for reasons such as:

Birth of a child.
Placement of the employee’s child through adoption or in a foster care home.
A serious health condition incurred by the worker’s spouse, child, or parent.
The employee is unable to work because of a serious health condition.

Eligibility

Employee eligibility for CFRA is similar to FMLA. For both CFRA and FMLA, time off for sick leave, vacation/annual leave, administrative time off (ATO), compensating time off (CTO), holidays, informal time off (ITO) or personal leave (PL) are not to be counted toward the 1,250 hours of work.

Training Leave for Emergency Rescue Personnel

Employers with 50 or more people must allow temporary leaves of absence — up to a total of 14 days per calendar year—for employees who are volunteer firefighters, reserve peace officers and emergency personnel to engage in fire, law enforcement or emergency rescue training.

You cannot terminate, threaten with termination, demote, suspend or otherwise discriminate against an employee who takes time off to engage in fire or law enforcement training. An employee who suffers any of these consequences is entitled to reinstatement and reimbursement for lost wages and work benefits. The employee can file a claim with the Division of Labor Standards Enforcement (DLSE).

San Francisco Paid Parental Leave

This San Francisco ordinance requires employers with 50 or more employees to supplement California’s Paid Family Leave (PFL) for employees working in the city. The purpose is to allow employees to receive 100% of their gross weekly wages while on a parental leave of absence. PFL currently provides eligible employees with up to 55% of their regular wages. Employees may receive these benefits for up to six weeks in a 12-month period. San Francisco’s law requires covered employers to provide additional wage replacement benefits of up to 45% of the employee’s wages, subject to the weekly maximum.

Please contact me at michelle@connecttohr.com for more information about what you need to consider as a business with 50 or more employees.

The ABC Test – Defining Independent Contractor vs. Employee

I have been getting a lot of calls recently from clients asking for clarification about the distinction between an independent contractor and an employee.

Misclassification can be extremely costly for employers in legal fees, back wages and benefits, and penalties. In addition, you run the risk of having the IRS or Department of Labor audit your business. This can be extremely time consuming and costly.

Of course, you should always consult your employment attorney for questions about specific situations, but here are some guidelines.

Last year, based on a decision in Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted the “ABC Test” as a standard for determining whether workers in California should be classified as employees or independent contractors. In their decision, the Court held that workers are presumed to be employees and that it is up to the employer to prove that they should be classified as an independent contractor based on the ABC Test.

Under the ABC Test, in order to classify a worker as an independent contractor the hiring entity must establish that the worker meets EACH of the following three factors:

The worker is free from the control and direction of the hiring entity in the performance of the work, both under the contract for the performance of the work and in fact; AND
The worker performs work that is outside the usual course of the hiring entity’s business; AND
The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

One of the things I tell clients is that it’s essential to consider how you define your core business (B) and how does the worker assist you in that core business.

In light of this change in the way employees and independent contractors are determined, it’s a good (and timely!) idea to do an overall review of how you’ve classified your workers. Again, as a reminder, it’s important to consult with an employment attorney if you plan to audit your records and reclassify your contractors.

Please feel free to contact me at michelle@connecttohr.com if you need assistance.