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Managing HR In Eldercare Bryanne Kingsbury, CRCS Insurance and Business Solutions Advisor Kenneth M. Mc. Gee II, CIC Vice President

Overview Current Items for Eldercare Legislative Requirements Pitfalls Risk Management Best Practices What are the top areas we see violations and employers struggle

Current Trends Increased focus on facets tied to Eldercare FLSA OSHA Workplace Violence Harassment Issues with labor pool and turnover Workers’ compensation costs

First Things First… If you have an employee, have an employee manual Every employee must complete an I-9, and someone needs to verify documents Document everything…if it’s not written, it doesn’t exist Three employee files Employee File Medical File Form I-9 File

HR During The Lifecycle of Employee Pre-Hire How to attract and retain the best employees How to reduce hiring the employees you don’t want Job descriptions Eliminate the perception of discriminating in the hiring process Ask interview questions based on the job, not as conversation starters Hire the best candidate

HR Continued Post Offer Requirements? Background and Drug Testing Physicals Other ‘subject to’ items

HR Continued The New Employee Complete the Form I-9 Review Employee Manual Harassment Policy Payroll Information (NH) Employee Position and Status Benefits? Second Injury Funds

The Rest Records of All Hours Worked Performance Reviews Discipline Docking of Pay Promotions Termination What’s owed? COBRA and State Continuation Witholding of wages?

The Employee Manual Make it fit ‘you’ If you write it in there, follow it and hold others accountable Review it annually and make changes Keep a record of acknowledgement of changes

Fair Labor Standards Act Employee vs. Contractor Exempt vs. Nonexempt Rules for hours worked Deductions from payroll Overtime rules Compensatory Time vs. Makeup Time “Salary” means nothing Deductions from wages Nursing Mothers

EEOC and the ADAAA Employers with 15 or more employees Covers ALL aspects of employment Have written policies Enforce zero tolerance Train managers and supervisors Have a plan for investigations if it happens Look at purchasing Employment Practices Insurance Coverage

EEOC and ADAAA - FAQ Can you just reassign someone to a different department? How are benefits continued during a leave of absence? How must an individual request a reasonable accommodation? What must an employer do after receiving a request under ADAAA? May an employer ask for documentation? Is an employer required to provide the reasonable accommodation the employee wants? What exactly is a disability?

Safety and OSHA Compliance General Industry – What’s Required? OSHA Program Topic Accident and Illness Recording and Reporting Bloodborne Pathogens Safety Emergency Action Plan** Ergonomics Plan Fire Extinguishers (Portable for Employee Use) Fire Prevention Plan** First Aid Program Flammable & Combustible Liquids Safety Hazard Communication Program Indoor Air Quality Laboratory Safety Medical and Exposure Record Access Personal Protective Equipment Process Safety Management Radiation (Ionizing) Safety Recordkeeping Practices & Reporting Respiratory Protection Required Training Frequency OSHA Reference Required Program Required Audit 1904 Yes Yes --- Yes No No 1910. 1030 1910. 38 5(a)(1) 1910. 157 1910. 39 1910. 151 1910. 106 1910. 1200 1910. 1000 1910. 1450 1910. 1020 1910. 132 1910. 119 1910. 1096 Yes No No Yes Yes No No Yes Yes No Yes No No Yes No No No Yes --No ----Yes --No Yes --Yes Yes Yes No Yes Yes Yes No No No Yes No No Yes No Yes Yes 1904 Yes Yes --- Yes No No 1910. 134 Yes* Yes No Yes Yes All Affecte Annu Initial d al Programs listed in bold indicate a mandatory written program is required * Medical evaluation required **If required by a specific OSHA standard. Employers with fewer than 10 employees may communicate these plans orally instead of in writing. Perio dic

Safety and OSHA Compliance Cont. NH Safety & Health Requirements 15 or more employees Joint Loss Committee Written Safety Manual File Safety Summary Form with the NH DOL

Safety and OSHA Compliance Cont. Eldercare Injury & Accident Facts 2014 Injury & Illness Rates in Nursing & Residential Care = 12. 6 vs. Average industry = 3. 4 Leading causes of injury: Sprains/Strains/Tears Soreness or Pain Musculoskeletal Disorders Healthcare Workers: Violent Assault = 10 -11% of injuries involving days away from work vs. 3% all other Sources: U. S. Bureau of Labor Statistics, U. S. Department of Labor and OSHA. gov

Safety and OSHA Compliance Cont. Above & Beyond What is Required Return to Work Programs Second Injury Fund – NH Ergonomic Policy/Zero Lift Policy

Summary Have an employee manual Follow your rules Employee files Train staff Do for one – Do for all FLSA issues I-9 Compliance EEOC and ADAAA

Bryanne Kingsbury, CRCS Insurance & Business Solutions Advisor bkingsbury@clark-mortenson. com Twitter: @Bry. Kingsbury Kenneth M. Mc. Gee II, CIC Vice President kmcgee@clark-mortenson. com Twitter: @skipmcgee 30