Employment Related Laws for 2019

According to the Cal Labor Laws‘ website, here are the Bills signed into Law for 2019.

AB 3109 (Disclosure of Sexual Harassment):  This bill makes void and unenforceable any provision in a contract or settlement agreement that prevents a party to the contract from testifying about criminal conduct or sexual harassment in an administrative, legislative, or judicial proceeding. 

SB 224 (Sexual Harassment):  This bill amends section 51.9 of the Civil Code to expand the types of relationships that can be subject to a claim for sexual harassment to include lobbyists, elected officials, directors, producers, and investors.  This statute generally applies to work relationships where one person holds himself out as being able to help someone establish a business or professional relationship directly or with a third party.  

SB 820 (Settlement of Sexual Harassment Claims):  This new law prohibits provisions in settlement agreements entered into after January 1, 2019 that prevent disclosure of factual information pertaining to claims of sexual assault, sexual harassment, gender discrimination or related retaliation that have been filed in court or before an administrative agency.  The new law does not prohibit a provision that prevents the parties to the agreement from disclosing the amount of the settlement.  Additionally, at the claimant’ request, the settlement agreement may include a provision that limits the disclosure of the claimant’s identity or of facts that would lead to the discovery of the claimant’s identity. Continue reading “Employment Related Laws for 2019”

Proposed OSHA Rule for California Indoor Heat Illness Protection due January 1, 2019

On September 29, 2016, Governor Brown signed a bill that directs Cal/OSHA to create a regulation protecting employees of indoor workplaces from heat illness. Section 6720 was added to SB 1167 requiring that a proposed rule be submitted to Cal/OSHA Standards Board by January 1, 2019. The standard would apply to all indoor work areas where the temperature equals or exceeds 80 degrees Fahrenheit when employees are present. Continue reading “Proposed OSHA Rule for California Indoor Heat Illness Protection due January 1, 2019”

Forklift Training

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Why do I need to provide training for my forklift operators?

Each type of forklift presents different operating hazards based on the way they lift, and amount of weight they can support. In addition, type of workplace can introduce many hazards, including putting the pedestrians in danger. Some commons accidents include: (1) lift trucks are inadvertently driven off loading docks;

  • (2) lifts fall between docks and an unsecured trailer;
  • (3) they are struck by a lift truck; or
  • (4) they fall while on elevated pallets and tines.

Determining the best way to protect workers from injury largely depends on the type of truck operated and the worksite where it is being used. Employers must ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely

Safety Fact:

It is a violation of Federal law for anyone UNDER 18 years of age to operate a forklift or for anyone OVER 18 years of age who is not properly trained and certified to do so.

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My employee already knows how to drive a forklift, do I really have to pay for additional training?

Yes, if your company operates forklifts, forklift drivers have to be trained initially & periodically.