TPM’s New In-House Counsel - Home - TPMTPM has two Safety Talks on the website, ready for you to...

Human Resources Safety Risk Management Employee Benefi ts Education & Training

OSHA Focuses on Worker Heat Hazards 1

TPM’s New In-House Counsel 1

Updated CHIP No ce 1

From the President 2

The Cost of Fa gue in the Workplace 2

Monitoring Outsourced Payroll Du es on EFTPS 3

EEOC - Older Workers and Age Discrimina on 3

Goal Se ng be SMART 4

Safety & Montana’s Workforce 4

OR - Minimum Wage Rates 4

OSHA Electronic Logs Meet Another Set-back 5

Mosquito, Tick and Flea - Oh My! 5

Fatal Facts 6

5-Minute Safety Talk: Jacks and Jack Stands 7

TPM Golf Tournament 8

Frontline: Leadership Skills - Making Decisions 10

Counsel’s Corner: The Americans with Disabili es Act 12

Legal Briefi ng: Perez v. Timberline South LLC et al 13

TPM U Webinar Series 13

PPE is a LIFE SAVER 14

Health-Y-Mail 15

TPM Hot Work Permits 16

July 2018

What’s Inside?

Updated CHIP No ce

Over 100 Years of Continuous Service

to the Timber & Wood Products Industry

OSHA Focuses on Worker Heat Hazards

The U.S. Department of Labor (DOL) has issued an updated model Premium Assistance Under Medicaid and the Children’s Health Insurance Program notice (CHIP notice). The CHIP notice provides information to employees on how to apply for premium assistance, including how to contact their state Medicaid or CHIP offi ce. Employers that provide health insurance coverage in states with premium assistance through Medicaid or the Children’s Health Insurance Program (CHIP) must provide their employees with the CHIP notice before the start of each plan year. Failure to inform employees of CHIP coverage opportunities can result in signifi cant civil penalties. There is not an exception for small employers.

Colt Catlin is an attorney specializing in employment and business law. He graduated from the University Of Idaho College Of Law on the Dean’s List, placing him in the top of his class. His experience includes work as a Law Clerk Extern for the U.S. District Courts, District of Idaho and as Counsel for a global company. In his clerkship position, he worked for the Chief Federal Judge for the District of Idaho where he advised on civil litigation matters, primarily in the areas of employment/labor, corporate, intellectual property, and environmental law. Subsequently, his work as a corporate attorney has included many of the same areas of the law, with an emphasis on employment and general corporate counseling. His litigation and transactional experience combined provide him the necessary platform to provide sound legal counsel coupled with business acumen.

On a personal level, he enjoys activities outdoors, both during the summer and winter. When he is not working, he is likely hiking, trail-running, snow-skiing, snowboarding, trying out a local brewery with his family and friends, and traveling; most recently, this year, he explored British Columbia, France, and Italy, although his favored location, and that which remains “home,” is the mountain northwest of the U.S.

Colt CatlinTPM In-House Counsel

TPM’s New In-House Counsel

With the offi cial start of summer, OSHA is urging employers across the country to protect workers from heat-related illnesses and hazards. OSHA offers guidance on how to keep workers cool and healthy whether they are

exposed to indoor or outdoor heat hazards. h ps://www.osha.gov/SLTC/heatstress/

TPM has two Safety Talks on the website, ready for you to use in training your employees about working in hot weather. They are:Hot Weather - Heat Related IllnessesHot Weather - Sun Protectionh ps://www. mberassocia on.com/monthly-safety-topics/

Timber Products Manufacturers Association

Adam MolendaPresident

July 2018 2

From the President . . .

The Bulle n is not intended nor designed to off er legal advice. For addi onal informa on about Bulle n topics, please contact TPM. Annual subscrip on price $195. © 2018 TPM - Timber Products Manufacturers Associa on951 East Third AvenueSpokane, WA 99202Phone: (509) 535-4646 Toll Free: (877) 535-4646E-mail: [email protected]

Your business depends on the productivity of your employees, and one way to maximize your employees’ potential is to acknowledge and address problems that cause decreased productivity. You may not realize it, but fatigue in the workplace is a serious issue in America today—one that is costing employers big in lost productivity.

The Facts - According to a study published in the Journal of Occupation-al and Environmental Medicine, 38 percent of American workers surveyed experienced “low levels of energy, poor sleep or a feeling of fatigue” during their past two weeks at work. Workers who are fatigued in the workplace are less productive, less focused, experience more health prob-lems and are more likely to be involved in a job-related safety incident. In addition, fatigue causes more absences from work, both from the tiredness itself and also from accompanying medical problems.

According to the Centers for Disease Control and Prevention, more than 25 percent of Americans report not getting enough sleep, and 10 percent suffer from chronic insomnia. Many people beyond those with a medical condition regularly struggle with lack of sleep, trouble sleeping and/or fatigue. The study estimated that lost productivity due to fatigue is costing American businesses about $136 million annually.

The Effects of Fatigue - Obvious signs of fatigue in an individual include drowsiness, moodiness, loss of energy, loss of appetite, and a lack of motivation, concentration and alertness. Often, men tend to become angry when experiencing fatigue, whereas women may be more sad and moody. In addition, fatigue can cause or be a result of other medical con-ditions, such as depression, anxiety, high blood pressure and diabetes.

What Can You Do? - Any problem that causes decreased productivity and increased absenteeism is one that you want to address in your work-force. There are several ways that you can tackle the issue of fatigue within your company:

Educate employees. Many people who struggle with getting adequate or quality sleep could improve their situation by making a few habit and lifestyle changes. Offer them information about the importance of getting enough sleep each night, the safety concerns of coming to work tired and tips for getting better sleep. Also remind employees that a healthy diet and regular exercise can contribute to better quality sleep.

Include fatigue in your wellness program. Include questions about sleep and tiredness on your health risk appraisals, and incorporate fatigue management into your wellness initiatives. Once you identify how many employees experience fatigue and/or have sleep disorders, you can offer further education, programs or referral services to ad-dress the specifi c problems among your employees.

Change company culture. Ask employees when they are most tired during the day, and consider offering extra break time to alleviate those fatigued times. This is particularly important for workers in safety-sensitive or decision-making positions. Try to make your workplace more amenable to alertness, with proper lighting, quiet break areas for employees to rest or re-charge, adequate break time and healthy food options.

The Cost of Fa gue in the Workplace

TPM’s mission is to provide profi table and valuable business solu ons for our members. Since 1916, we have followed this mission and strived to provide services in response to our membership needs.

Recently, TPM members have been reques ng salary informa on to make sure they are providing compe ve wages and benefi ts for their employees. Over the next few months we will begin to compile wage informa on from our membership and others throughout the wood products industry to develop an up-to-date report with valid informa on for our TPM membership.

We want to encourage everyone to keep an eye out for the wage survey and to par cipate. The wage survey itself is only as good as the data we get from the wood products industry. One thing to note as well is that if you par cipate you will receive a complimentary copy of the wages and benefi ts survey report. If you don’t par cipate, but would like the informa on, copies will be available for purchase.

Please be on the lookout in late summer for that ini al salary survey email. Your par cipa on is greatly appreciated!!

Adam Molenda


July 2018 3

Monitoring Outsourced Payroll Du es on EFTPS

Many employers hire third-party payroll service providers to perform their payroll processing functions and tax-related duties, including making employment tax deposits.

The employer, generally, remains liable for any unpaid employment taxes, including any penalties and interest resulting from any underpayment, even if they use a third-party payroll service provider. To ensure an employer’s third-party payroll service provider makes accurate and timely federal tax deposits, employers should monitor deposits made on their behalf for accuracy and timeliness.

Using an Electronic Federal Tax Payment System® Inquiry PIN to Monitor Tax DepositsThird-party payroll service providers who make tax deposits and payments on behalf of their client, normally, enroll them in the Electronic Federal Tax Payment System (EFTPS) via the payroll provider’s EFTPS account by using the client’s EIN. This allows the third-party payroll service provider to make deposits using the client employer’s EIN.

When third-party payroll service providers enroll client employers in EFTPS, an EFTPS Inquiry PIN may be sent to the employer. Client employers who have deposits made on their EFTPS account during the prior 12 months may also receive Inquiry PINs. An Inquiry PIN allows the employer to verify their third-party provider is making timely and accurate federal tax deposits.

The benefits of creating a separate EFTPS accountWhile many employers use an Inquiry PIN to monitor deposits made on their behalf, others may want to separately enroll and create their own EFTPS account. Creating an EFTPS account allows the employer to not only monitor tax deposits but also:

Set up reminders, Make tax deposits and payments on their own, Make up any missed tax deposits and payments and Keep making tax deposits and payments if they

change payroll service providers.

Setting up EFTPS notificationsWhether an employer chooses to use an Inquiry PIN, or to create their own EFTPS account, the employer can also sign up and enroll to receive email notifi cations about their account’s activities. Access to this feature requires a PIN and password.

EEOC - Older Workers and Age Discrimina on

Victoria A. Lipnic, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), issued a re-port on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in Employment Act (ADEA).

The ADEA was signed into law in December 1967 and took effect 50 years ago this month, in June 1968. The ADEA was an important part of 1960s civil rights legislation that was intended to ensure equal opportunity for older workers.

The report fi nds that age discrimination remains too com-mon and too accepted as outdated assumptions about older workers and ability persist, even though today’s experienced workers are more diverse, better educated and working longer than previous generations.

“As we’ve studied the current state of age discrimination this past year in commemorating the ADEA, we’ve seen many similarities between age discrimination and harassment,” explained Acting EEOC Chair Victoria A. Lipnic. “Like har-assment, everyone knows it happens every day to workers in all kinds of jobs, but few speak up. It’s an open secret.”

The report recognizes the similarities between age discrimi-nation and other discrimination. Only about three percent of those who have experienced age discrimination complained to their employer or a government agency, according to recent research. Studies fi nd that more than three-fourths of older workers surveyed report their age is an obstacle in get-ting a job. Even with a booming economy and low unemploy-ment, older workers still report they have diffi culties getting hired.

Additionally, the age of those fi ling ADEA charges has changed dramatically. In 1990, workers in the age 40-54 age cohort fi led the majority of ADEA charges and workers in the age 65+ cohort fi led relatively few. But by 2017, more charges were fi led by workers ages 55-64 than the younger age cohort. Moreover, by 2017, the percentage of charges fi led by workers age 65 and older was double what it was in 1990.

ADEA Charges by Age Group


July 2018 4

Safety & Montana’s WorkforceGoal Se ng Be SMART

More than 25,000 Montana workers were injured during Fiscal Year 2016. Those injuries led to over $260 million paid out in benefi ts, impacting the bottom line of Montana businesses and families.

For the last 15 years, the Treasure State has ranked near the top for the number of lost time accidents compared to the rest of the nation. Although those numbers are declining, the loss of worker time is costing Montana businesses millions of dollars each year.

The Montana Department of Labor & Industry accepts the challenge to make sure every member of the workforce goes home safely each night, says Labor & Industry Commissioner Galen Hollenbaugh.

The top four industries in Montana with the highest rate of injuries: Healthcare and social assistance – 4,103 injuries; Retail and trade – 3,410 injuries; Education – 2,656 injuries; and Accommodation and food services – 2,067 injuries.

The top three causes of workplace injuries in Montana are: Strains – 8,056 claims; Slips, trips and falls – 5,159 claims; and Being struck by an object – 3,822 claims.

OR - Minimum Wage Rates

Enacted by the 2016 Oregon Legislature, ORS 653.025 establishes a series of annual minimum wage rate increases that run through June 2022. Beginning July 1, 2023, the minimum wage rate will increase based on the infl ation as measured by the Consumer Price Index (CPI).

In addition to a standard minimum wage rate, the law sets out a separate rate which applies to employers located in the urban growth boundary of a metropolitan service district (currently, only the Portland metropolitan area). A third rate applies within certain “nonurban” counties named in the law.

In the month of June 2018, all the hours worked up to 12:00 midnight on June 30, 2018 will be paid at the previous applicable minimum wage rate even if the payroll is done on or after July 1, 2018. For an employee whose work day straddles between June 30 and July 1, 2018, there will be two different rates of pay for that particular day if they are a minimum wage worker. The hours worked on and after 12:01 a.m., July 1, 2018 must be paid at the higher applicable minimum wage rate.

STANDARD ........................... $10.75PORTLAND METRO .............. $12.00NONURBAN COUNTIES ........ $10.59

Eff ec ve July 1, 2018 to June 30, 2019

Helping your team set goals is essential for motivation and accomplishing work tasks in an effi cient and meaningful way. Goals enable our staff to understand what is expected of them and gives them targets to strive for.

Characteristics of Effective Goals: SMART

S - Specifi c - Be as concrete and specifi c as possible in describing goals. If you want a certain number of board feet produced in a day, detail out the numbers and give your team the tools they need to reach those numbers. Don’t leave goals open-ended and confusing, concrete expectations will help everyone to understand what is expected of them.

M - Measurable - “You can’t manage what you don’t measure.” Be sure to include some type of metric within your goal setting that allows you to qualify and/or quantify when goals are being achieved or when they are falling behind. This can include volume of product produced, quality of work completed without defect, timeliness in tasks and frequency of a specifi c behavior such as phone calls answered.

A - Attainable/Challenging - Nobody wants to be bored at work, doing the same tasks with no meaning behind the work. Set goals that encourage your team to push their strengths, while still being attainable. Specifi c and challenging goals lead to higher performance than simple goals. It’s also been shown that challenging goals increase motivation.

R - Relevant - Goals need to be relevant to the organization AND relevant to the employee. Employees will feel like an important part of the team if they know their work is directly benefi ting the company and creating a positive difference. Employees should know why each goal has been set, agree the goal is important and be able to see that accomplishing the goal helps them achieve personal and professional benefi ts.

T - Time Bound - Goals shouldn’t have an indefi nite, open-ended timeline. This negates the purpose of the goal and removes a strong motivational piece of goal setting. Putting a “due date” or timeline on a goal creates accountability and challenges employees to use their time management skills.


5July 2018

Mosquito, Tick and Flea - Oh My!

Disease cases stemming from mosquito, tick and fl ea bites more than tripled from 2004 to 2016 in the United States, and outdoor workers remain among those at risk, the Centers for Disease Control and Prevention states in a new report.

According to CDC, cases of domestic disease such as dengue, Zika, Lyme and plague totaled more than 640,000 in that time period. The agency identifi es state and local health departments and vector control organizations as the primary defense, but notes that 84 percent of such organizations lack one or more of fi ve core competencies:

Routine mosquito surveillance via standardized trap-ping and species identifi cation.

Treatment decisions devised from surveillance data. Killing mosquitoes and ticks at every life stage. Routine vector control activities, including source

reduction or environmental management. Pesticide resistance testing.

The risk for developing insect-borne diseases increases as commerce moves insects to different areas of the country and worldwide, the report states. Mosquitoes and ticks can transport germs, while infected travelers can introduce and spread them.

Symptoms of insect-borne disease include body, muscle and joint pain; fever; rash; headaches; stiff neck; fatigue; and paralysis.

CDC offers tips to prevent insect stings and bites. Among them:

Wear clean, light-colored clothing that covers as much of the body as possible.

Bathe daily while avoiding cologne, perfume and per-fumed soaps, shampoos and deodorants.

Maintain clean work areas. Remain calm around fl ying insects, as swatting may

prompt them to sting. Perform daily skin and clothing checks for ticks, which

tend to populate worksites near woods, bushes, high grass or leaf litter.

Use insect repellent with 20 percent to 50 percent DEET on exposed skin and clothing, reapplying as necessary.

OSHA announced at the end of May, that employers in the seven states currently without electronic reporting regulations must submit their 2017 injury and illness data to the agency. Two of those states, however, have taken issue with the mandate – State A and State B.

An OSHA offi cial said the agency will meet internally to address the disagreement, but admitted it ultimately can’t issue fi nes or citations for non-compliance in those seven states: California, Maryland, Minnesota, South Carolina, Utah, Washington and Wyoming.

Under the current recordkeeping rule, the initial deadline for electronic submission of information from OSHA Forms 300 and 301 by covered establishments with 250 or more employees was July 1, 2018. However, OSHA has announced its intent to issue a proposal to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees which are required to routinely keep injury and illness records. OSHA will not enforce this deadline for these two forms without further notice while this rulemaking is underway.

OSHA’s release states that employers will submit their Form 300A data by July 1. That deadline moves to March 2 beginning in 2019. OSHA also states that “there will be no retroactive requirement for employers covered by State Plans that have not adopted a state rule to submit data for Calendar Year 2016.”

Schmidt said during a recent webinar that OSHA received about 214,000 data submissions – approximately 200,000 fewer than expected. One potential reason, he said, was the less-than-smooth rollout of the Injury Tracking Application. Schmidt said the agency is trying an outreach program that includes postcard reminders to a sample of organizations. He added that employers can avoid citations by providing their 2016 data to OSHA compliance safety and health offi cers during inspections.

Schmidt added that the Bureau of Labor Statistics (BLS) is prohibited from sharing data with OSHA, and that fi lling out a BLS survey doesn’t mean an employer has met the electronic reporting requirement.

Employers can continue to electronically report their Calendar Year (CY) 2017 Form 300A data to OSHA, but submissions after July 1, 2018 will be fl agged as “Late”.

OSHA Electronic Logs Meet Another Set-back


July 2018 6

Fatal FactsFall from Make Shift PlatformAccident Type ........................................ Fall from work platformWeather Conditions .............................. Interior ConstructionType of Operation ................................ FramingSize of Work Crew ............................... 3Union or Non-Union ........................... Non-UnionWorksite inspection conducted ........... NoCompetent safety monitoring on-site . YesSafety and Health Program in effect ... NoTraining and education for employees NoneCraft of deceased employee ................. LaborAge/Sex .................................................. 26/MaleTime on job ........................................... AfternoonTime at task ............................................ 4 Hours

BRIEF DESCRIPTION OF ACCIDENTA three-man crew used a makeshift work platform attached to the forks of the forklift to install plastic sheeting and a light gauge metal ceiling. An employee stood on the makeshift platform with building materials overloading the forklift. The forklift operator overextended the load past the center of gravity causing the forklift to tilt forward. The load of building materials fell from the makeshift platform. The forklift righted itself back to all four wheels, and the victim was catapulted from the makeshift platform to the concrete fl oor, sixteen feet below.

ACCIDENT PREVENTION RECOMMENDATIONS1. Employees must only work from platforms approved for use on forklifts.

2. Employees must be adequately trained to operate forklifts in accordance with the requirements of 29 CFR 1910.178(l).

3. Training must include truck-related topics of vehicle capacity and vehicle stability.


7July 2018

5-Minute Safety Talk For more 5-Minute Safety Talks visit www.timberassociation.com

Jacks and Jack StandsEmployees must understand how jacks and jack stands work and the necessary precautions to take beforeoperating the jacks and stands safely. Read the manufacturer’s instructions or receive instruction from youremployer before you use jacks or jack stands.

The Inspection Basics

All jacks must have a device that stops them from jacking toohigh.Do not exceed the manufacturer’s marked load limit.Inspect the jack. Check for broken teeth and other defects.Keep jacks in good shape and well lubricated, but only lubricateat the points where lubrication is specified.Never throw or drop jacks.

Setting Up the Jack

To set up a jack, make certain of the following:

Use a jack with a rated capacity that equals or exceeds the load you'relifting.Always set the jack on a firm and level foundation.When you're working on a floor of any kind, make sure the load limit ofthe floor isn't exceeded.Set the jack perpendicular, at a right angle, to the load and be sure thejack is centered correctly.The jack head bears against a level surface and the lift force is appliedevenly.To prevent slipping, use a wooden block softener between the head ofthe jack and the load.

If there is a chance the load will swing to the side, install props or guys before doing any lifting.Have enough help when you install or move a jack.Before working under a raised load install blocking to keep the load from accidentally falling.Do not use the jack to support the load after it is lifted. Support the load with jack stands or otherblocking materials.If a jack is damaged or defective, tag it and take it out of service until it can be repaired. Turn it in forrepair and be sure to test it under load before putting it back in service.

A jack can slip out from under a load before you have to time get out of the way. Make sure you are using yourjack the safe way. By following these simple steps you can keep from becoming an accident statistic. Practicegood jack safety.


July 2018 8

TPM Golf TournamentSpokane, WA

8

Timber Products Manufacturers held its 14th golf tournamment this year. Net proceeds from the golf tournament have helped support the TPM Scholarship Fund since its incep on in 2014. This year the tournament was held at Hangman Valley Golf Course on June 15, 2018. What a great day.

Ge ng ready for the event was a lot of work, but everyone enjoyed it. In addi on to the social and dinner a er golf there were addi onal events including contest awards, a silent auc on, raffl e, and grand prize raffl e.

TPM would like to express its gra tude to all of the wonderful sponsors and for the dona ons that were given this year. We could not provide such a fun event without them.

The TPM Scholarship Program awarded three scholarships this year and amendments to the program are being considered. (Watch the TPM Newsle er for details.) The following students received scholarships; two of the students were able to a end the Board of Director and Trustee Dinner on Thursday night, June 14 to receive their awards.

Jacob Harris, Rushmore Forest Products, Hill City, SD

Brooklin Hunt, Hunt’s Timbers, Inc., St. Igna us, MT

Haley Morgan, Thompson River Lumber, Thompson Falls, MT

Plan now to a end next year’s annual event and consider being a sponsor for this good cause.

Adam Molenda, President, speaks to the guests before dinner.

TPM Board Chairman, Dan Claridge introduced his family to the guests during the Scholarship Awards Ceremony.

Adam Molenda, Haley Morgan and Dan Claridge, presen ng a Scholarship check.

Brooklin Hunt and Dan Claridge presen ng Scholarship check.


9July 2018

Prac ce and warm-up on the water driving range.

La a Estrada and a couple of dummies!The Polaris Razor could be won by sinking a HOLE-IN-ONE!

Dinner and Social on the pa o at Hangman Valley Golf Course.

TOURNAMENT SPONSORS

Hotel RL at the ParkCycrest

Washington Trust BankCli onLarsonAllen LLP

ADDITIONAL DONATIONSThe Davenport Tower

Sunshine Disposal/RecyclingVSP

Pyramid Mountain Lumber Co.

Pu ng green warm-ups before star ng play.


July 2018 10

Leadership Skills - Making Decisions

Prac cal Informa on for Managers & Supervisors © 2018, No. 360Frontline

When people think about the characteristics that make a leader stand out, one trait that most frequently comes to mind is decisiveness. Successful leaders are not envisioned as individuals who are unable to commit to strategic plans or appear unclear and uncertain. Instead, leaders are viewed as people who are able to quickly arrive at their decisions and communicate company goals to others effectively.

Leaders often have to make challenging decisions that may include what direction to move the company in or whether to keep an employee, reposition them or let them go. Great leaders are able to balance emotion with reason and make decisions that are benefi cial to themselves, their employees, their customers, and their organizations. Making good decisions in diffi cult situations is a signifi cant challenge because these types of decisions involve change, uncertainty, stress, and sometimes the unfavorable reactions of others.

When it comes to decision making, great leaders possess another skill, they have the ability to know when to move quickly and proceed with only the information that is currently and readily available. In many circumstances, there is no time to gather additional information with which to infl uence a serious decision. On the other hand, leaders must also be capable of pursuing additional information when necessary and know when enough data has been gathered to move forward. Sometimes, too much data can be paralyzing and take attention away from the big picture or core points.

Tips for Wise Decision-Making

As a manager, you will be faced with important decisions that may impact the future of the company. This may seem stressful, but keep these tips in mind and you’ll fi nd yourself making wiser decisions in no time:

Defi ne, as specifi cally as possible, what the decision is that needs to be made. Is this really your decision or someone else’s? Do you really need to make a decision? (If you do not have at least two options, there is no decision to be made.) When does the decision need to be made? Why is this decision important to you?

Brainstorm, and write down as many alternatives as you can think of. Be sure to use your resources (experienced friends and family, other company leaders, etc.) to fi nd out more about the implications of each option.

Visualize the outcome of each alternative. Do you feel more satisfi ed with one outcome than with the others?

Do a reality check. Cross off those alternatives that most likely will not occur.

Once you have made your decision, get moving on it. Worrying or second-guessing yourself will only cause stress. You have done your very best. Remember, no decision is set in stone.


11July 2018

Frontline continued from page 10

Common Decision-Making Mistakes

Have you ever tried to learn ten new things all at once? If you have, you know that it is very easy to become overwhelmed and end up learning very little at all. That is because of the way the brain works. Our brains screen and categorize information so that we can understand the world around us without being overwhelmed by it. We get into trouble when we fail to realize that many of the perceptions we hold are based on what society (i.e., parents, teachers, the church, all institutions, etc.) teach us, not what we actually know to be true. Here are some common mistakes leaders encounter when trying to make a decision:

Relying too much on expert information. Oftentimes, people have a tendency to place too much emphasis on what experts say. Remember, experts are only human and have their own set of biases and prejudices just like the rest of us. By seeking information from a lot of different sources, you will get much better information than if you focused all of your energy on only one source.

Overestimating the value of information received from others. People have a tendency to overestimate the value of certain individuals in our society and underestimate the value of others. For instance, experts, authority fi gures, parents, high status groups, people who seem to have it all together, and people we respect have a way of swaying our opinion based simply on the fact that we believe they know more than we do. When you fi nd yourself doing this, ask yourself: Do they know as much about this problem as I do? Are their values the same as mine? Have they had any personal experiences with a problem like mine? In other words, keep their opinions in perspective.

Underestimating the value of information received from others. Whether we realize it or not, we also have a tendency to discount information we receive from individuals such as children, low status groups, the elderly, homemakers, blue-collar workers, artists, etc. This is unfortunate since many times these groups can paint a good picture of the other side of your problem. In other words, these groups may use entirely different values and perceptions in their answers to your questions. The result is a larger perspective of what the issues really are. Just make a note that if you fi nd yourself discounting the information you receive from anyone, make sure you ask yourself why.

Only hearing what you want to hear or seeing what you want to see. Try this exercise. Ask a friend to look around them and make note of everything that is green. Now, have them close their eyes. Once their eyes are closed, ask them to tell you what around them is red. Almost everyone you ask will not be able to tell you what was red because they were focusing on what was green. Our perceptions work the same way. If we have expectations or biases that we are not aware of, we tend to see what we want to see. Likewise, if someone tries to tell us something we do not want to hear, we simply do not hear them. This is a common mistake that many people make. The key is to be aware of your own prejudices and expectations while at the same time staying open to everything that comes your way.

Not listening to your feelings or gut reactions. Have you ever made a decision only to have it be followed by a major stomach ache or headache? This is your body talking to you. Our brains are constantly taking in more information than we can consciously process. All of this extra information gets buried in our subconscious. Although we may not be able to retrieve this information, our body stores it for us until it is needed. In moments when we need to make a decision, our bodies provide clues to the answer through feelings or gut reactions. Unfortunately, our society teaches us to ignore these feelings, but by tuning into your intuition, you will fi nd that you will make much better decisions in the long run.

Wise Decision-Making

DEFINE

BRAIN STORM

VISUALIZE

REALITYCHECK

MOVEON IT


July 2018 12

Counsel’s Corner

Law Refresh – The Americans with Disabilities Act Americans with Disabilities Act

Title I of the Americans with Disabilities Act (ADA) of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualifi ed individuals with disabilities in job application procedures, hiring, fi ring, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

The ADA covers employers with 15 or more employees, including state and local governments.

An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;

Has a record of such an impairment; or Is regarded as having such an impairment.

A qualifi ed employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.

Job restructuring, modifying work schedules, reassignment to a vacant position;

Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualifi ed readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualifi ed applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifi cations provided by an employer to enable people with disabilities to enjoy equal employment opportunities.

Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example:

A deaf applicant may need a sign language interpreter during the job interview.

An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.

A blind employee may need someone to read information posted on a bulletin board.

An employee with cancer may need leave to have radiation or chemotherapy treatments.

An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defi ned as an action requiring signifi cant diffi culty or expense when considered in light of factors such as an employer’s size, fi nancial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. If an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual’s needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.


13July 2018

Perez v. Timberline South LLC et al

Legal Briefing

Federal Judge Orders Michigan Logging Company to Pay $878,874 in Overtime Back Wages and Liquidated Damages to 50 Employees

A federal judge has ordered Timberline South LLC – based in Gaylord, Michigan – and its manager Jim Payne to pay $878,874 in back wages and liquidated damages to 50 employees after fi nding the logging company and Payne violated the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

The U.S. Secretary of Labor fi led a complaint in the U.S. District Court for the Eastern District of Michigan after an investigation conducted by the Department’s Wage and Hour Division’s (WHD) Grand Rapids District Offi ce concluded Timberline South and Payne violated the FLSA.

WHD investigators determined Timberline South LLC and Payne failed to pay employees – including truck drivers, equipment operators, and shop personnel – overtime when they worked beyond 40 hours in a workweek. Instead, the company paid only “straight time” no matter how many hours employees worked, and paid various combinations of hourly rates, piece rates, and day rates.

In his decision and order, Judge Thomas L. Ludington determined the Division properly reconstructed overtime

back wages for employees where the employers failed to keep accurate records of the number of hours employees worked, as the law requires.

The FLSA requires covered employers to pay non-exempt employee’s time-and-one-half their regular rates of pay after

40 hours worked per week regardless of whether the employees are paid on a salary, piece rate, hourly rate, or a combination.

“Employers must understand their obligations under the law. Failing to pay employees overtime gives employers an unfair advantage in the market place and denies employees their hard earned wages,” said Wage and Hour Division District Director Mary O’Rourke, in Grand Rapids.

The intricate wage and hour laws surrounding hourly piece rates, overtime pay, day rates, etc. can be diffi cult to navigate. If you have questions regarding the Fair Labor Standards Act and your compensation structure, please give TPM a call to review your payroll procedures and we’ll help you make sure you’re applying the laws correctly.

TPM U is an educa onal series provided to TPM members free of charge. For more informa on or to register for one of these classes, please go to the TPM website’s

“Membership” Tab (h p://www. mberassocia on.com) or call (877) 535-4646. Registra on is limited to 50 computers per webinar.

Employment Law for Supervisors in 2018 Tuesday, July 17, 2018 – 10:30 AM PDT

Employment law sets the legal founda on for making all tangible employment decisions. A successful supervisor needs to be aware of these laws in order to protect themselves, the company and its employees from wrongful treatment and lawsuits. We will review six key pieces of legisla on, discuss the importance of employee handbooks and discuss how these items impact daily decisions.

Managing Contractor Safety Wednesday, July 18, 2018 - 1:30 PM PDT

The suppliers, contractors, and vendors you hire can have a large impact on your organiza on’s success. Today, owners, prime

and subcontractors are no longer insulated from one another’s safety liabili es. The risk introduced to your business by any supplier in your supply chain inherently becomes your risk.

Organiza ons will be held accountable for the decisions they make on who they hire – including third-party contractors. This webinar can help you begin to manage and mi gate this risk to

your organiza on.

Incidents, Injuries and Catastrophesin Our Industry

Wednesday, August 22, 2018 1:30 PM PDTThis webinar will cover serious incidents and catastrophes experienced by businesses in the lumber and processing

industry. It will analyze the root cause to help prevent similar incidents from happening to your organiza on.


July 2018 14

PPE is a LIFE SAVERWithout warning, a falling limb struck the boom of a 26-year-old Arkansas tree-trimmer’s bucket, catapul ng him skyward. Within seconds, his body slammed into the boom a ached to the bucket, with gravity pulling him hard to the ground. He died the next day. Although the worker was wearing a safety harness, it was not fastened to the bucket and could not protect him from falling.

Any number of employer precau ons might have prevented this accident: a comprehensive wri en safety program with a sound fall protec on policy, a program of regular job site surveys, followed by employee training concerning iden fi ed hazards, and use of personal protec ve equipment (PPE).

PPE is special gear worn by employees to protect them from contact with chemical, physical, thermal, biological, and radiological hazards. It includes a variety

of devices and garments such as hardhats, goggles, safety glasses, face shields, earplugs, respirators, vests, coveralls, safety shoes, and gloves that protect a worker’s head, eyes, face, ears, body, arms, legs, feet and hands. The PPE creates a physical barrier that travels with the worker.

Although specifi c numbers are not available, the proper use of PPE by workers could prevent hundreds of deaths and thousands of injuries every year. Today’s PPE is more convenient, comfortable, and eff ec ve than ever before. PPE manufacturers have customized their products to make them more comfortable and more stylish, abandoning the tradi onal one-size-fi ts-all approach. Because it looks be er, fi ts be er, and is more comfortable, more workers have be er protec on today than they did just a few years ago because more and more employees wear PPE.

Also, more disposable clothing such as aprons and jackets is now available. These forms of PPE are par cularly popular with employers because they cut down on the costs of maintenance, decontamina on, and storage.

Despite the protec ons it off ers, PPE has one major drawback: Its eff ec veness depends on people using it. Gloves cannot do much good for a worker’s hands if they are hanging out of a back pocket. Safety glasses cannot ward off eye injuries if they are dangling from a worker’s neck. And earplugs will not protect your hearing if they stay in your pocket.

In addi on, PPE that is not maintained properly or inspected rou nely for wear and tear off ers li le or no protec on. A cracked hardhat with sagging suspension, for example, is not the best buff er when a hammer comes fl ying out of nowhere.

Newspapers frequently run ar cles about worker fatali es that PPE might have prevented, such as these examples:

Argon gas asphyxiated a man while he cleaned a furnace at a metallurgical plant in California. A coworker tried to save him, but both men died during the rescue a empt. Wearing a self-contained breathing apparatus (SCBA) might have prevented this tragedy.

Failed hydraulics caused an aerial li to throw a man almost 20 feet from a work pla orm during an equipment test in Texas, killing him. He was not wearing a fall restraint/arrest system.

Tainted blood splashed into a Pennsylvania hospital worker’s eyes, infec ng him with the hepa s C virus. Sick for more than fi ve years, the man died before he could get a liver transplant. Safety goggles might have prevented the infec on.

Despite widespread eff orts to educate workers about the importance of wearing PPE, safety and health professionals agree that the best way to protect workers is to rely on PPE only when other protec ons are not prac cal or available. PPE is a worker’s second line of defense against workplace hazards. Ideally, he says, employers should manage these hazards through engineering, administra ve, and work prac ce controls.

Engineering controls involve physically changing a machine or work environment to prevent employee exposure to a hazard. They have the added benefi t of not relying on employee behavior to be eff ec ve. Administra ve controls, on the other hand, involve changing how or when employees do their jobs.

PPE would be obsolete in an ideal world, because it wouldn’t be needed. For instance, hazardous noise would be engineered out of the workplace or isolated from the worker, elimina ng the need for earplugs. If you can’t get hazards out of the workplace PPE is the next line of defense.

Technology could eventually displace PPE. Some workers using acid metal pla ng solu ons, for example, have already benefi ted from technological changes. The fully manual manufacturing process they once used has been replaced by a semi-automated or fully automated manufacturing process that reduces or eliminates the risk of skin coming into contact with acid.

Innova ons may someday make PPE obsolete because workers will no longer need it to protect themselves from workplace hazards. But un l that day comes, PPE is the best way to reduce on-the-job accidents and injuries.

Just having PPE is not enough. You have to wear it, the right way, for as long as you’re exposed to a hazard—not only for yourself, but also for those who care about you.


15July 2018

This fl yer is published to provide timely information to readers. Its content is not intended as advice for individual problems. Editorial material is to be used at the discretion of the reader and publication does not imply endorsement by ACI Specialty Benefi ts or the Timber Products Manufacturers Association.

For more information about TPM’s Employee Assistance Program call the TPM offi ce at (877) 535-4646.

HOW TO LEAD IN TIMES OF CRISIS

Employee fears, as well as real threats of danger, pose immediate and long-term challenges to those who supervise oth-ers. Managing a workforce that has been trauma zed by past or current events, or experiencing anxiety about possible future events, is both a challenge and an obliga- on. Leaders at all levels play an important

role in providing guidance through trau-ma c events. Here are 5 important ac ons to take to help employees cope in mes of crisis.

Develop a Strategy. Consult with ACI on a preparedness plan, policies regarding absenteeism, and eff ec ve strategies to address employees coping with diffi cult emo ons. ACI’s Employee Assistance Program (EAP) can provide servic-es and resources to address the incident depending on the level of impact.

Connect and Communicate. Crisis is a me for managers to listen and be present. It may help to arrange social ac vi es, such as planning a memorial or fundraising event, or to hold forums for management and employees to engage in informal discussions. ACI’s EAP can provide cri cal incident stress debriefi ng (CISD) sessions as well as training sessions and webinars on topics such as Stress and Anxiety Management, Coping with Trauma c Events, Paren ng in Troubled Times, and more.

Give Employees Time to Process. A variety of feelings are normal reac ons to an abnor-mal situa on. Give employees the me and tools to

process feelings and let them know it is okay to ask for help. Provide informa on about available resources, in-cluding ACI’s EAP. Avoid over-reac ng or under-reac ng, as these approaches usually only increase anxiety and fear in the workplace.

Encourage Posi ve Thinking. Realize that things will get be er and set a posi ve tone while being realis c and fl exible about the me it takes for individuals to cope. Limit exposure to media cover-age. With the 24/7 news cycle, it’s easy to get caught up in looking up the latest news and updates. Make peri-odic announcements of relevant informa on as needed, but do not encourage employees to watch or browse news excessively.

Stay Focused. Make eff orts to maintain regular rou nes. By working, maintaining dignity and produc vity, listening with sensi vity, and being courageous, managers and super-visors can set the example for the workplace.


TO ORDERCALL: 877.535.4646

EMAIL: [email protected]

Hot Work Permits are constructed of heavy cardstock and are bright fl uorescent orange so they draw a en on from your crew. They come complete with a wire twist e for easy use.

The direc ons are printed on the Hot Work Permit. Calling a en on to possible fi re danger is a preven ve procedure you cannot aff ord to neglect. Every year there are tragic stories of manufacturing companies loosing everything to fi re.

Hot Work Permits are a simple and eff ec ve way of monitoring Hot Work situa ons.

Call and order today!

Members: 30¢ eachNon-members: 50¢ each

Timber Products Manufacturers Associa on951 East Third Avenue, Spokane, WAPhone 509.535.4646 Fax 509.534.6106

TPM’s New In-House Counsel - Home - TPMTPM has two Safety Talks on the website, ready for you to...

Documents

Transcript of TPM’s New In-House Counsel - Home - TPMTPM has two Safety Talks on the website, ready for you to...