Understanding Fall Protection Equipment Warranty Requirements
Employers that are using fall protection equipment (e.g., personal fall arrest systems, connection components or anchors) should understand the manufacturers’ warranty requirements and instructions. Following these fall protection equipment warranty requirements is often necessary if the business would like the manufacturer to cover the product when it is damaged or if there is a functional issue. Examples of functional issues are when the fall protection fails to protect the employee when they fall or if a component of the fall protection (e.g. webbing, harness straps or buckles) needs repair.
Equipment manufacturers’ warranty instruction manuals play a vital role in workplace safety because both the Occupational Safety and Health Administration (OSHA) and the American National Standards Institute (ANSI) rely on these manuals to develop their standards on the proper use of equipment. The instructions also include the manufacturers’ own requirements that express the particular and proper use of the equipment.
In general, employers that follow manufacturers’ instructions are protected by equipment warranties. Conversely, employers that do not follow manufacturers’ instructions face the risk of voiding warranty protections. Without warranty protections, employers have fewer legal options against manufacturers under product liability policies.
What Are PFAS?
Personal fall arrest systems (PFAS) are made up of a body harness, anchorage and connector. This equipment is used to safely stop a worker who is falling. Under OSHA standards, employers are required to train their employees on the requirements of PFAS. Training is also frequently required by the manufacturer to honor the fall protection equipment warranty. Employees must understand the performance, care and use criteria for the fall arrest systems they are using. Each manufacturer of PFAS has different requirements for their warranties.
General Fall Protection Equipment Warranty Requirements
General warranty requirements include instructions that are meant to keep the equipment in the best shape possible during use. This is why the manual normally provides instructions on how to care for and maintain the fall protection equipment. The manual will also explain how to inspect and clean the equipment if it becomes dirty. Certain manufacturers have specific ways of cleaning PFAS that the user must follow to prevent voiding the warranty.
If employees are using PFAS that are designated specifically for them and they label their equipment, it is important for employees to check the manufacturing manual to determine whether there are any specific requirements when using markers to label the equipment (e.g., a manufacturer suggests only using Sharpie markers for writing on the webbing of their products).
OSHA and ANSI do not provide shelf-life recommendations for fall protection. The shelf life of fall protection is up to the manufacturer and will be found in the manual that comes with the equipment. Shelf-life warranties have changed over the years. Most fall protection equipment used to have a product lifetime of five years from the date of first use or when it was purchased. Some manufacturers have eliminated the five-year shelf life and instead consider the condition of the equipment. Other manufacturers eliminate the five-year shelf life if the equipment passes pre-use and competent-person inspection requirements as outlined in the guidelines.
Using Other Brand Accessories or Components
Employers need to be aware that, when purchasing a particular brand of fall protection, they may be required to purchase the same brand of fall protection accessories to maintain the warranty. Manufacturers may not allow the use of other brand accessories with their equipment. While OSHA does not have a standard prohibiting the use of different brands as long as the components are compatible, the agency has published an information bulletin on the subject. The safety and health bulletin includes this advisory information:
Personal fall protection made by different manufacturers may not be compatible.
Components by the same manufacturer may not be compatible if the components are not sized properly.
OSHA requires that employers evaluate the compatibility of all fall arrest systems and anchorage devices before the devices are used to protect employees. Employers should carefully read the manufacturer manuals and the warnings to pay close attention to components that are incompatible for use together.
Using different brands of fall protection with different brand accessories could create liability issues for the employer if there is an accident while using the equipment. The manufacturer likely will not allow the warranty to cover any accident liability if the user does not follow the manual instructions. Manufacturers normally do not honor another manufacturer’s product since it is not their product and they are not required to test the compatibility of any other brands with their own. Therefore, it is best practice and in the best interest of the employer to use the same brand for all of their fall protection equipment to prevent any mixing and matching of brands.
Inspection Requirements
Inspecting fall protection is very important for employee use. Employers must ensure that employees are inspecting their equipment when it is required. If an employee finds anything that would negatively affect the integrity of the equipment, it must be removed from service.
Inspections include visual and touch inspections on the webbing of the harness for things such as:
Cuts, nicks and tears
Fraying and abrasions
Missing straps
Mildew
Brittleness
Broken fibers
Hard or shiny spots indicating heat damage
Uneven webbing thickness indicating it was possibly worn during a fall
Issues with the stitching
Additionally, the manufacturer’s label needs to be present and legible, or the equipment must be removed from service.
Both OSHA and the manufacturer require that certain inspections be completed by a competent person. A competent person is an employee who is capable of identifying existing and potential hazards in any personal fall protection system (or any component of the fall protection) and who has authorization to take prompt, corrective action to eliminate the identified hazards. Employers must designate who their competent persons are.
In the Event of a Fall
Anytime PFAS are subjected to impact loading, OSHA regulations require an employer to remove them from service immediately. PFAS should not be used again for employee protection until a competent person inspects them and determines they are undamaged and suitable for use.
Making repairs to fall protection can only be done by the manufacturer, unless the manufacturer authorizes others to make the repairs on their behalf. Review the manufacturer’s manual prior to having repairs made by a third party.
It is important for employers to have fall protection plans that review OSHA requirements, ANSI standards and the manufacturer’s instructions. By following the requirements of the brands of fall protection being used, employers can prevent voiding their warranties.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
California Governor Issues Regional Stay-at-Home Order
On Thursday, Dec. 3, 2020, Gov. Gavin Newsom announced a limited regional stay-at-home order for certain areas in California where COVID-19 cases are straining hospitals and intensive care units (ICUs). This announcement comes one day after California reported approximately 8,208 COVID-19-related hospitalizations.
Under this order, California will be split into five regions—Southern California, Northern California, San Joaquin Valley, Greater Sacramento and the Bay Area. A three-week stay-at-home order will be triggered in a region if the remaining ICU capacity within that region falls below 15%.
On Saturday, Dec. 5, 2020, the California Department of Public Health said that a stay-at-home order was triggered in the Southern California and San Joaquin Valley regions. The orders took effect at 11:59 p.m. on Sunday, Dec. 6, 2020, and will last for at least three weeks. At this time, stay-at-home orders have not been triggered in the other three regions.
What businesses will be required to close?
If a three-week stay-at-home order is triggered, bars, wineries, hair salons, barbershops and personal services (e.g., nail salons and tattoo parlors) would be required to temporarily close. Restaurants would not be allowed to be open for dining in, but would be allowed to offer takeout and delivery. Additionally, retail stores would be allowed to operate at a 20% capacity.
What businesses will be allowed to remain open?
Critical infrastructure and schools that meet the state’s health requirements will be allowed to remain open during a three-week stay-at-home order.
“The bottom line is if we don’t act now, our hospital system will be overwhelmed. If we don’t act now, we’ll continue to see a death rate climb, more lives lost.”
– Gov. Newsom
What activities are permitted during a stay-at-home order?
Under a stay-at-home order, Californians are permitted to go outside to exercise or get some fresh air, as long as social distancing measures can be observed. However, nonessential trips to the store should be avoided and gatherings with those who do not live in their household are prohibited.
What’s next?
California residents should monitor the news for the latest developments within their region and continue to follow the guidelines imposed by their county, which may include observing a 10 p.m. curfew. We will continue to monitor the situation and provide updates as necessary.
California’s Leader in Insurance and Risk Management
As one of the fastest-growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
At the end of the calendar year, workplace holiday parties are an experience that many employees look forward to as a highlight of the season. These celebrations are often a long-standing tradition allowing employees to celebrate with their colleagues—and sometimes family and guests.
However, in response to the COVID-19 pandemic, many organizations are evaluating how to engage employees safely this holiday season. Employers find themselves tasked with deciding whether they should cancel, postpone or offer an amended celebration that prioritizes safety—with many choosing to offer a virtual holiday party.
Virtual holiday parties can help increase employee engagement—but also come with a set of challenges. In addition to concerns regarding the coronavirus, holiday events can carry a financial cost and create risks for organizations if employees participate in inappropriate behaviors. This article gives an overview of virtual holiday parties and offers ideas and considerations for employers planning a virtual celebration.
The State of Workplace Holiday Parties During the Coronavirus
According to firm Challenger, Gray & Christmas, Inc. who conducts annual workplace holiday party surveys, most employers are either canceling their party altogether or hosting it virtually this holiday season. Their annual survey found that:
Twenty-three percent of organizations plan to host a year-end celebration in 2020, down from 76% in 2019.
Forty-four percent of organizations canceling holiday parties this year cite COVID-19 as the reason for canceling.
Seventy-four percent of those planning to offer a holiday party are doing so virtually.
These findings show that, while holiday parties are generally popular, employers are adapting to address current realities. There isn’t a one-size-fits-all solution to offering a year-end celebration during the COVID-19 pandemic, and employers have a variety of options to engage their employees safely.
Considerations for Offering Workplace Virtual Holiday Parties
Holiday parties can impact employees in a variety of ways. Specifically, these events can boost:
Team chemistry and camaraderie
Employee motivation
Employee engagement
Additionally, holiday parties can give employees a break from the standard workday and even serve as an informal meeting to discuss next year’s goals and instill company values.
How an organization chooses to celebrate varies by workplace, but employers considering a virtual event may find that many of the shared experiences of a year-end celebration can take place in a remote environment.
Planning Workplace Virtual Holiday Parties
A virtual environment won’t always fully replicate the in-person experience that many employees have come to expect for celebrations. Despite this, with careful planning, employers can still plan a virtual event that satisfies employees. Similar to when planning an in-person celebration, there are steps employers will want to take, which include:
Establishing a budget for the event
Creating the event’s guest list, which may include:
All employees
A specific team, department or location
In some cases, family members or guests
Establishing and communicating expectations for employees, including appropriate behaviors and other related policies
Planning, promoting and hosting the event
Factors such as a budget and how you intend to engage employees may influence what type of celebration makes sense for your organization. Holiday celebrations often involve a variety of activities, and the good news is that many of these can be offered virtually via online platforms or video chat. Examples of virtual holiday celebrations include:
Virtual mixers designed for multiple conversations to take place at once, rather than one big video conference
Ugly sweater contest
Holiday karaoke
Gingerbread house building and decorating
Wine and cheese party
Online escape room
Trivia contest
Virtual gift exchange
These are some ideas for employers to consider and may require some advance planning. For example, in some cases, employers may choose to provide party supplies for the employee, which would require gathering and shipping those items to each employees’ home before the celebration. Or, employers may need to prepare a list of trivia questions or instructions for guided activities, such as the online escape room.
When it comes to planning for virtual holiday events, employers can consider planning the activity internally or using providers or vendors that specialize in event planning.
Alternative Methods for Recognizing Employees
Generally, holiday parties carry a cost, and diverting funds to throwing a celebration may not be an option, especially during the COVID-19 pandemic. Although employees may be disappointed due to not being able to participate in a holiday party, employers can lift their spirits in other ways.
Many employees may appreciate a gift or form of recognition as a replacement for their prized holiday party. Alternative methods for recognizing employees can include:
Giving employees a holiday gift
Sponsoring employees to make a charitable gift
Recognizing each employee for their individual contributions
As many organizations encounter financial restraints, holiday celebrations are not a requirement by any means. However, it’s important to consider showing appreciation for employees in some way to boost engagement and morale.
Virtual Holiday Party Best Practices
Workplace holiday parties can present a host of liabilities for organizations each year. While virtual celebrations won’t take place at a physical venue, employers should still proceed cautiously. Employees joining an event remotely aren’t immune from engaging in inappropriate behaviors. Holiday parties can remain a risk for employers—but employers can mitigate undesirable outcomes by planning effectively. Best practices include:
Evaluating your policies—With an increased number of employees working remotely—and the holiday event taking place virtually as well—ensure your employee handbook addresses remote behaviors to help mitigate risks. Employees should have easy access to an employee handbook and all policies, and be aware that a holiday celebration is considered a workplace event, meaning that all behaviors are expected to comply with organizational policies.
Keeping holiday celebrations optional—Depending on an employee’s exemption status, they may need to be compensated for their time, leading to challenges for mandating their attendance at a virtual event. Additionally, while many employees will be excited about a celebration, others may feel differently. With this in mind, it may be easier to make attendance optional.
Keeping the celebration general—There is some debate over the appropriateness of observing one holiday over another. However, focusing on offering a broader “holiday party” while avoiding specific religious celebrations can be inclusive to employees of varying backgrounds and beliefs.
Setting expectations for behaviors—Unfortunately, many holiday parties can lead to inappropriate behaviors by attendees. Despite being remote, employers should be aware that consequential employee behaviors can also take place virtually. Employers can mitigate undesired behaviors by setting expectations for attendees. Be sure to include these expectations in the employee handbook and communicate them to employees.
These best practices help mitigate the risk of employees engaging in inappropriate behaviors and best ensure that employees have a positive experience.
Holiday Celebrations in Your Workplace
While holiday celebrations can positively impact a workplace culture—there is also a case for forgoing a celebration. In addition to safety concerns, these events may have a financial cost, and holiday parties can present risks for employers, such as employees engaging in inappropriate behaviors. While virtual events may be able to mitigate common concerns such as excessive alcohol consumption that can lead to inappropriate behaviors, employers should know that poor behaviors can also take place in the virtual environment.
Employers who typically host an annual celebration, but are choosing not to do so this year, should consider explaining to employees why throwing a holiday party isn’t feasible. While some employees will be disappointed in this decision, they’ll still appreciate the sincerity and transparency.
As the end of the year approaches, employers find themselves torn between postponing, canceling or hosting a holiday celebration using safe practices. Employers should consider what type of celebration makes sense for their organization, even if that means not having one this year. For additional employee engagement resources, contact GDI Insurance Agency, Inc.
California’s Leader in Insurance and Risk Management
As one of the fastest-growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
The COVID-19 pandemic has solidified remote work as a new operational standard. Employers should expect this trend to only grow in the future. In fact, many major companies, such as Twitter and Microsoft, have indicated that remote work will be an indefinite option for their employees. While this is exciting in many ways, remote work also comes with unique challenges—namely, cybersecurity. This article discusses some cybersecurity risks that remote employees face and how to prevent cyber threats on remote employees.
Cyber Threats to Monitor
Hackers have been assaulting businesses since the first computer was invented, always trying new methods of gaining critical information. Depending on the size of the organization, it may receive dozens or thousands of hacking attempts each day. These attempts are typically brushed aside by IT security teams and firewalls. However, with employees working from home, those protections aren’t as guaranteed.
The following are some of the most common cyber threats facing individuals:
Phishing and vishing: Phishing is an attempt to gain personal information, such as computer passwords, Social Security numbers or other data. Hackers and scammers will impersonate a legitimate company and send fake emails to solicit this information, typically with a phony threat.
Vishing, or voice phishing, takes this process a step further. This is when a scammer spoofs a legitimate phone number (from within the organization or otherwise) and poses as an IT help desk, using that alias to solicit personal information. These calls may even be routed to personal cellphones, making it harder for organizations to catch. Vishing attempts are a recent trend, but are increasingly prevalent. Employers should review existing cybersecurity policies to directly address vishing.
Malware: Malware is a type of computer virus that is typically disguised as an innocuous program, email attachment or link. These viruses infect computers and can do any number of tasks, typically hidden to the user. For instance, they might store password data, track website activity or download personal files.
Brute force attacks: Brute force attacks are when hackers try logging into someone’s account many, many times. These attempts work most often when individuals reuse usernames and passwords across different accounts. A hacker may expose the information to one account, then use those credentials everywhere else they can think of, eventually gaining access.
These cyber threats are made worse when employees are working from home, especially if they conduct business on personal devices or don’t connect to a secure network. That’s why it’s important for employers to proactively address cyber threats with their remote employees.
There is no single solution to avoiding cyber threats on remote employees. But there are key steps organizations can take to protect their employees and critical data. Below are some of them.
Behavioral analytics tracking software: This is software that monitors each individual’s computer habits. Since hackers can impersonate an employee, it’s hard to detect when someone’s credentials have been compromised. With analytics tracking software, the program would be able to spot when a user is displaying abnormal computer usage. This will depend on the individual, but it may include accessing certain files or transferring large chunks of data.
Automated threat detection software: This software is like antivirus programs found on many computers by default. It can scan files and detect malicious programs automatically. Automated threat detection software often pairs with other efforts, such as behavioral analytics.
Comprehensive work-from-home guidelines: Using personal devices to conduct business is an easy way to compromise usernames and passwords. Employers should set clear guidelines regarding acceptable technology to use (often a work-provided laptop) and work locations. For instance, cafes may be off-limits because they often have unsecured networks.
Employee education: Education and training are perhaps the best protections against cyber threats. Employees should know basic cybersecurity tactics, such as how to spot a phishing email, how to recognize a scam caller and how to report a potential security breach. They should also be instructed to not reuse login credentials, especially between work accounts and personal accounts.
Employee education is especially important, as hackers and scammers become more sophisticated each week. Employers should keep an eye out for new scams and alert employees as needed.
As with any successful initiative, cybersecurity protocols must be observed by all stakeholders within an organization. That means educating everyone, from the top down, about how to protect themselves and their workplace from cyber threats. If even a few individuals go without proper training, the entire organization could be compromised.
As the business world becomes more connected, cyber threats will get more sophisticated and commonplace. Start educating employees about cybersecurity today to better protect your organization. Speak with GDI Insurance Agency, Inc. for more cyber tips and other workplace guidance.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
Successful business is all about accountability. Each worker’s individual contributions build on one another and culminate into something greater, to the benefit of the company and its customers. Conversely, when some individuals struggle with their performance, the entire organization can suffer. These poor workplace performance among remote workers tips will help you recognize and deal with performance issues.
Unfortunately, addressing poor performance isn’t always easy. This is especially true amid the COVID-19 pandemic, as remote working often makes accountability more complicated. This article offers five tips to help employers manage poor performance in the workplace, even while everyone is working from home.
1. Address the Poor Workplace PerformanceProblem Quickly
The longer poor workplace performance goes unchecked, the more damage it causes. Strategies such as incidental counseling, frequent check-ins and 360-degree reviews can all be useful for identifying and curtailing poor performance early on. Even if the majority of the workforce is working remotely, it’s critical to budget ways to check in and monitor performance in an ongoing manner—particularly during the COVID-19 pandemic, when the margin between success and failure is razor thin.
2. Have Difficult Conversations
Difficult conversations aren’t easy for many people, managers included. In fact, nearly 20% of top executives struggle to hold others accountable, according to the Harvard Business Review. This is a problem, since issues left unaddressed will almost always worsen over time.
A poorly performing employee isn’t likely to improve if left to their own devices—employers need to have tough conversations. This doesn’t entail laying into the employee, however. Rather, employers need to thoughtfully explain where they’ve noticed performance lapses and work candidly with the employee toward improvement.
These conversations should be face-to-face (e.g., a video call) and cover the following:
Explicit examples of where the employee’s performance is waning
A clearly defined standard that the employee must meet to no longer be considered a poor performer
Probing questions to identify problem areas, such as:
What’s different now from when your performance was better?
What’s not working as well for you, be it a workflow issue, new work arrangement, co-worker relationship or something else?
For what and to whom are you accountable?
An agreed-upon goal and timeline for assessing improvement
The end goal of these conversations should be to correct the problem, not necessarily discipline the employee. For instance, an employer may discover through this process that a workflow is the main hinderance, not an individual.
In other words, migrating to a work-from-home arrangement can create unforeseen problems, which can resemble individual shortcomings. By having tough conversations, employers can figure out the truth and help work toward a solution.
3. Follow Up on Progress
Establishing performance improvement goals is only worthwhile if employees are held to them. A clear goal with measurable standards should’ve been established during the initial performance conversation with the employee. Employers should follow up about everything that was discussed during that meeting.
The length of time between the initial meeting and follow-up will vary by situation. For instance, if the main problem turned out to be workflow-related—rather than solely about performance—it may take longer to establish a fix, since that solution may necessitate input from many stakeholders. In other cases, such as when an employee is distracted by personal responsibilities, an employer may have quicker turnaround expectations and follow up sooner.
4. Keep a Detailed Record
Employers should document all performance-related issues from the onset. That means as soon as a manager notices dwindling performance, a paper trail should begin. In a remote setting, this would entail collecting emails, chat transcripts and other logs. Doing so will help guide performance improvement by cataloging specific examples for the employee to work on and identifying different time periods to compare performance against.
The record should also include meeting notes to document anything that’s discussed during performance meetings, including specific action steps and goals. Employers may consider recording video calls, with employee consent, to keep a more accurate record. Not only will this documentation help employers track performance improvement, it may also be necessary for justifying an employee’s termination if they do not improve.
5. Seek Additional Manager Training
Performance issues can often be corrected through swift action. But, if managers are unable to recognize or address poor performance with their direct reports, problems will only continue. Managers may have different blind spots in this regard. Some may not track performance closely enough, while others may speculate as to the cause of the poor performance without actually addressing it.
That’s why manager training is so important. Managers should be able to spot when performance is declining and have the resolve to address those situations with employees. This is the only method for getting to the root cause and improving the circumstances. It’s not prudent to expect employees to bring up their limited performance on their own.
Speak with GDI Insurance Agency, Inc. for more workplace guidance, including additional best practices for managers.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
California Sexual Harassment Prevention Training FAQ
SB 1343 requires that all employers of 5 or more employees provide 1 hour of California sexual harassment prevention training and abusive conduct prevention training to non-managerial employees and 2 hours of sexual harassment and abusive conduct prevention training to managerial employees once every two years. Existing law requires the training to include harassment based on gender identity, gender expression, and sexual orientation and to include practical examples of such harassment and to be provided by trainers or educators with knowledge and expertise in those areas. The bill also requires the Department to produce and post both training courses to its website, which employers may utilize instead of hiring a trainer.
An employer is required to train its California-based employees so long as it employs 5 or more employees anywhere, even if they do not work at the same location and even if not all of them work or reside in California.
Under the DFEH’s regulations, the definition of “employee” for training purposes includes full-time, part-time, and temporary employees, unpaid interns, unpaid volunteers, and persons providing services pursuant to a contract (independent contractors) Click the below toolkit for additional tools, including a sample sexual harassment and abusive conduct prevention training:
NEW UPDATE: By what date must employees be trained?
All employees must now receive training by January 1, 20211. Employers of 50 or more employees have an existing and ongoing obligation to train new supervisory employees within six months of assuming their supervisory position. Beginning January 1, 2021, new supervisory employees in workplaces of 5 or more employees must be trained within six months of assuming their supervisory position, and new nonsupervisory employees must be trained within six months of hire. Employees must be retrained once every two years.
NEW UPDATE: What if the employees are seasonal, temporary or otherwise work for less than six months?
Employers are required to provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first, beginning January 1, 20212. Employers are not required to train employees who are employed for fewer than 30 calendar days and work for fewer than 100 hours.
In the case of a temporary employee employed by a temporary services employer, as defined in Section 201.3 of the Labor Code, to perform services for clients, the training shall be provided by the temporary services employer, not the client
NEW UPDATE: When will the Department of Fair Employment and Housing’s online training courses be available?
SB 1343 requires that DFEH make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. DFEH expects to have all trainings available by July 30, 2020. In the interim period, DFEH is offering a SEXUAL HARASSMENT AND ABUSIVE CONDUCT PREVENTION TOOLKIT, including a sample sexual harassment and abusive conduct prevention training. Employers may use the training in conjunction with an eligible trainer to provide sexual harassment and abusive conduct prevention training.
SB 778 signed by Governor Newsom on 8/30/19 amended existing law to change deadline of harassment training until 1/1/2021.
2SB 530 signed by Governor Newsom on 10/10/19 amended existing law to change deadline to 1/1/2021 for seasonal and temporary worker harassment training compliance.
SEXUAL HARASSMENT PREVENTION TRAINING FAQ
Do employers need to train independent contractors, volunteers, and unpaid interns?
No, it is not required that employers train independent contractors, volunteers, and unpaid interns. However, in determining whether an employer meets the threshold of having 5 employees and being subject to the harassment prevention training requirement, independent contractors, volunteers, and unpaid interns must be counted. For example, if an employer has 2 full time employees and 6 unpaid interns, the employer would meet the training threshold requirement and would need to ensure the two full time employees receive training only.
What if a supervisor or non-supervisory employee has received the training in compliance with 12950.1 within the prior two years either from a current, a prior or alternate, or a joint employer? Do they have to retake the training again?
No. Supervisors do not need to retake the training. But their new, alternate or joint employer must give them the employer’s anti-harassment policy, require them to read it, and require them to acknowledge receipt of it. This must happen within six months of the supervisor assuming their new supervisory position (or within six months of the creation of a new business or the expansion of a business that was previously not required to provide training). However, the current employer is responsible for ensuring that all supervisors have fulfilled the training requirement contained in 12950.1, which may require verifying compliance from the prior, alternate, or joint employer.
For non-supervisory employees who received harassment prevention training in compliance with 12950.1 from another employer within the prior two years, they must be required to read and to acknowledge receipt of the current employer’s anti-harassment policy. Again, the current employer will be responsible for ensuring that all non-supervisory staff have fulfilled the training requirement contained in 12950.1, which may require verifying compliance from the prior, alternate, or joint employer.
Does DFEH have a list of approved outside training providers, or can DFEH recommend or approve an outside training provider for my company to use?
DFEH does not approve training providers. DFEH cannot offer recommendations or approvals for other training providers.
I believe I may be eligible to become a trainer; how can I verify this?
There is currently no certification requirement for qualified trainers, and DFEH is unable to provide guidance as to whether one meets the qualifications of a trainer. If you believe you meet the requirements found in 2 CCR 11024, you may choose to offer your services as a trainer.
Does a trainer who is also an employee need to receive California sexual harassment prevention training in order for their employer to be compliant?
No. An individual who is a qualified training provider according to the regulations (and who does provide the training) does not need to participate in a separate sexual harassment prevention training for their employer to be in compliance with the training requirements.
What documentation is required for those who have completed the training?
The law requires employers to keep documentation of the training it has provided its employees for a minimum of two years, including but not limited to the names of the supervisory employees trained, the date of training, the sign-in sheet, a copy of all certificates of attendance or completion issued, the type of training, a copy of all written or recorded materials that comprise the training, and the name of the training provider. Examples of tracking individual compliance include a certificate and/or a sign-in sheet that includes a verification that trainees completed the training. Documentation of the training should not be sent to DFEH but should be kept on the employer’s premises.
If I have employees located outside of California, are they required to be trained?
No. While employees located inside and outside of California are counted in determining whether employers are covered under the Act, employees located outside of California are not themselves required to be trained.
What is meant by “effective interactive training”?
Effective interactive training can include any of the following:
Classroom training that is in-person, trainer-instruction, whose content is created by a trainer and provided to a supervisor by a trainer, in a setting removed from the supervisor’s daily duties.
E-learning that is individualized, interactive, computer-based training created by a trainer and an instructional designer that includes a link or directions on how to contact a trainer who shall be available to answer questions and to provide guidance within two business days after the question is asked.
The trainer shall maintain all written questions received, and all written responses or guidance provided, for a period of two years after the date of the response.
Webinar training that’s an internet-based seminar whose content is created and taught by a trainer and transmitted over the internet or intranet in realtime.
Other “effective interactive training” and education includes the use of audio, video or computer technology in conjunction with classroom, webinar and/or e-learning training.
If an employer utilizes a webinar as their effective interactive California Sexual Harassment Prevention training, can the training be watched in a large group at the same time?
Yes, but it is up to the employer to comply with the documentation procedures, including the following:
• An employer utilizing a webinar for its supervisors or non-supervisory employees must document and demonstrate that each supervisor and non-supervisory employee who was not physically present in the same room as the trainer nonetheless attended the entire training and actively participated with the training’s interactive content, discussion questions, hypothetical scenarios, polls, quizzes or tests, and activities.
• The webinar must provide an opportunity for all employees to ask questions, to have them answered and otherwise to seek guidance and assistance.
• For a period of two years after the date of the webinar, the employer shall maintain a copy of the webinar, all written materials used by the trainer and all written questions submitted during the webinar, and document all written responses or guidance the trainer provided during the webinar.
In addition to the California Sexual Harassment Prevention training (and corresponding process and procedures), is there anything else required?
Yes, every employer must post a poster developed by the Department regarding TRANSGENDER RIGHTS and SEXUAL HARASSMENT in a prominent and accessible location in the workplace.
Does the employer have to pay for sexual harassment and abusive conduct prevention training? Does the employer have to provide paid time for such training?
California law specifies that, “An employer…. shall provide” sexual harassment and abusive conduct prevention training. Gov. Code 12950.1(a)-(b). The Department is authorized to seek a court order that “the employer” has not complied with this requirement. Gov. Code 12950.1(f). This language makes clear that it is the employer’s – not the employee’s – responsibility to provide the required training, including any costs that may be incurred. This language also makes clear that employees may not be required to take such training during their personal time; the training must be “provided” by the employer as part of an individual’s employment.
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