Workers Comp HR Compliance Certification

Workers’ Compensation is a standard insurance expense for most businesses. However, the premiums are not where the real costs of the program come in. It’s the administration of claims that tends to eat up resources. Incorrectly or inconsistently administered claims can wind up in court where costs quickly spiral out of control. HR compliance certification in the field of Workers’ Comp can offer a layer of protection against common errors that get employers in trouble.

Why is Training Important?

The worst time to learn WC administration regulations is when HR is trying to process its first claim. When HR doesn’t have a strategy in place and is just trying to figure out the rules, the results for the employer and for the injured worker are likely to be less than optimal. The longer a worker has to wait to be seen by a network provider and start the claims process, the more frustrated and victimized they will feel.

When HR makes a wrong move on its first WC claim, this can set a precedent for how future claims are handled. For example, they might tell a worker that a claim will be covered when it turns out to be non-compensable. The employee is likely to be livid if HR later reverses this decision. If the employer moves forward with compensation “just this one time”, this opens the door to accusations of discrimination if later injuries of the same type are not compensated.

Your Whole Organization Benefits from More Knowledge

It’s not just HR that needs to understand Workers’ Compensation. Executives at your organization will want to know the options available for self-insurance and other non-standard plans that can meet WC insurance obligations under state law. For some companies, this is a more cost effective risk management strategy than paying traditional WC premiums. To reduce litigation risks, HR must fully understand the rules required for proper administration of claims. This includes knowing when to defend against a claim, proper documentation for claims processing, and the best ways to get workers healthy and back on the job as soon as possible.

HR Needs Comprehensive Compliance Certification

Courses involving WC are commonly offered in conjunction with FMLA, ADA, and COBRA. That’s because WC can overlap with these other regulations in ways that are very confusing. It’s important to know which laws (e.g., state or federal) take precedence in a given situation. If your HR administrators only learn about Workers’ Compensation, they miss out on critical decision-making tools.

Since WC and FMLA laws can vary by state, the only way to understand the complex interaction between these areas of leave administration is with comprehensive compliance training. At The Stonehaven Group, our labor and benefits law experts are ready to provide your HR department with the information it needs to understand and apply rules correctly for greatest compliance.

ADA Section 508 Compliance – Web Accessibility

One of the newer developments in the Americans with Disabilities Act is the amended Section 508 that went into effect in the late 1990s. ADA Section 508 compliance is required of all Federal agencies. The purpose of the amendment is to ensure that the technology used internally by employees and externally by consumers is fully accessible. For technology users with disabilities, there are many elements of web design and operation that can interfere with the ability to use internet-based applications. Here are just a few examples:

• Images lacking alternative text tags for screen reader software to voice aloud aren’t accessible to those who can’t see
• Videos without captions and audio files without transcripts can’t be understood by those who have profound hearing loss
• Individuals with low vision who use software to automatically adjust the contrast, color, and size of text for greater readability may be stymied by websites that block such applications
• Requiring rapid double-clicking to carry out on-screen actions may be a problem for individuals with limited mobility or coordination

That’s just scratching the surface of the accessibility issues that can arise for users. Although ADA Section 508 compliance focuses on Federal agencies, many states have instituted similar laws. You can see an overview here.  The Department of Justice has described the web in general as a “place of public accommodation”. This has led to successful settlements with companies like AOL and Target who agreed to make their websites accessible after being sued by the National Federation of the Blind.

Is Your Organization at Risk?

Currently, employees of private firms cannot sue directly under Section 508. However, they may still sue for inaccessible technology under general ADA guidelines if their ability to carry out work tasks (from initial onboarding to ongoing training and assigned job duties) is severely hampered. A thorough evaluation of your company’s software choices and website capabilities is one way to detect gaps in usability. The Stonehaven Group is here to help your HR department comply with the spirit and the letter of the law with expert legal advice.

Is Your Standards of Conduct Policy Consistent?

A company’s “standards of conduct” policy is about more than promoting appropriate behavior in the workplace. This document typically includes a roadmap for disciplinary action in the event of employee non-compliance. Because of this, it can come under intense scrutiny in the event of a wrongful termination suit. Any deviation from the policy can be used against an employer. Evidence that some employees are held to a stricter standard than others is especially problematic. The more locations your organization has, the greater the chances that these inconsistencies will occur.

Policy Basics

Properly developed standards of conduct can be applied equally to all employees regardless of their job description, seniority, or location. It should cover a code of ethics and work performance expectations that reflect the values of your organization. The policy should clearly state the procedures for corrective/disciplinary action along with any recourse options the employee has at each stage. A signed acknowledgement must be collected from each new hire showing that they have received and read a copy of the policy. Automated onboarding software that collects signatures electronically is the easiest and most effective solution to ensure this happens.

Top Problems Affecting Employers

Here are some of the problems companies with multiple locations often face when it comes to their standards of conduct:

• Corporate HR adds new rules without communicating them effectively to all sites; each location is using a different version of the policy since it keeps morphing over time
• Local HR administrators and managers react to issues within their local workforce by creating and implementing new rules at their own discretion
• Local site managers promote varying standards based on convenience or because they lack of adequate training
• Local site managers fail to enforce rules so employees won’t complain; or managers bypass rules in an attempt to meet unrealistic performance expectations from corporate headquarters

Achieving Greater Consistency                                                                                                              

The first step to correct these problems is to contact an expert HR advisement firm to review your current standards of conduct policy – and identify all the different versions that are floating around at various locations. A single, comprehensive standard will be developed to ensure your policy is both legal and enforceable. This updated version will be rolled out to all locations. The implementation strategy will need to include training for all HR personnel, managers, and supervisors to promote enforcement.

The Stonehaven Group has HR specialists on staff who advise corporations with many locations – including those with operations in multiple countries. Because of this, we are in a unique position to assist even the largest and most complex organizations in creating and implementing a consistent policy that will decrease the risk of employee litigation.