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You are here: Home / Archives for Risk management
Employment Law Update

Making faces doesn’t count as retaliation

July 18, 2021 by

By Mike O’Brien Not every negative consequence amounts to retaliation In asserting a claim for retaliation, an employee must prove he or she suffered a “materially adverse action.” But that probably doesn’t include someone “making faces” at you. In Fisher v. Bilfinger Industrial Services Inc., the employee alleged that his supervisor retaliated against him by (among other things) “making faces at him.” The First Circuit Court wasn’t impressed. The court noted that “adverse employment actions” are things like “discharges, demotions, refusals to hire, refusals to promote, and reprimands.” “Making Faces,” on the other hand, amounts to “a frivolous claim that does not implicate Title VII.” In the litigation world, we call this a “bench slap.” You can read the full decision here. More limits on non-competes . . . eventually On July… . . . read more.

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WORKPLACE SAFETY

Protect healthcare staff from violence and virus post-pandemic

June 27, 2021 by

 By Shawn Paul & Joe Anderson If the nation has learned anything from the COVID-19 crisis, it’s that advance planning in safety preparedness is vital to our ability to respond to emergencies, whether they’re viral, violent, or otherwise. Healthcare organizations in particular need procedures and sufficient up-to-date equipment to quickly respond to potentially confusing and fluid circumstances. The coronavirus crisis has also illuminated the dangerous problem of workplace violence against medical caregivers, an issue that healthcare organizations now have a unique opportunity to address. 7 out of 10  Of all professions, healthcare workers are the number one victims of workplace violence across the country. OSHA reports that 70% of claims for injuries from violence occur in a healthcare setting. Until relatively recently, many nursing veterans (and the administrators responsible for their… . . . read more.

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CYBERSECURITY

5 unintended ways companies compromise network security

May 20, 2021 by

By Ron Slyker Solid organization security is a considerable necessity in today’s world—that’s not going to come as a surprise to anyone. Nonetheless, making and keeping an impenetrable organization is something that stays a slippery objective for some enterprises. Organizations of all sizes are continuously struggling with the battle of guaranteeing that each potential security gap is sealed securely. Most organizations are coming up short with attempting to guard their organizations, making them defenseless against data theft and malicious network invasion. To feature exactly how genuine this issue is we will diagram five of the main manners by which endeavors are accidentally bargaining their organization security, and exactly how they can fix these oversights. Sole reliance on VPNs as a security bandage Virtual Private Networks (VPNs) assume a significant part… . . . read more.

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WORKPLACE SAFETY

Most of your medical office employees are vaccinated. Now what?

April 8, 2021 by

By Lynne Curry bio Most of your office staff have received vaccines. Those who remain unvaccinated either haven’t decided whether they will or have refused to get vaccinated. What’s next? Can you relax your workplace protocols? How do you handle the conflicts between vaccinated and unvaccinated employees and those who differently interpret safety protocols? New CDC guidance In recent weeks, the Centers for Disease Control and Prevention (CDC) provided new COVID-19 guidance for fully vaccinated individuals.1 Fully vaccinated individuals may interact indoors with other vaccinated individuals without wearing masks or physically distancing. Fully vaccinated individuals, except for those who live in a group setting or themselves experience COVID-19 symptoms, no longer need to quarantine and test if they’ve been around someone who has COVID-19.2 Fully vaccinated individuals do need to… . . . read more.

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HUMAN RESOURCES

How to conduct a virtual investigation

March 28, 2021 by

By Lynne Curry bio Question: We have a messy situation we need to investigate involving 12 and possibly more employees at remote locations. Nine months ago, we laid off our human resources officer. The accounting manager and I inherited many of her duties. Both of us have investigated minor issues in each of our departments, and our former human resources officer left a good protocol for conducting investigations in her file. The protocol calls for bringing involved individuals into the corporate office to interview them. In the past, we spent considerable money flying employees in from the field for interviews. We lack the financial resources to do that this time. Also, while we know who was immediately involved in the situation, we won’t know which other individuals we may need… . . . read more.

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WORKPLACE SAFETY

Pandemic fatigue feels like it’s starting over

March 19, 2021 by

By Dan Scungio bio In discussions with healthcare safety professionals across the country this year, some of the same safety issues seemed to crop up over and over. Lab staff are tired, they’re fatigued about dealing with COVID-19, and they just don’t seem to be focused on lab safety anymore. They aren’t following good safety practices, they aren’t wearing gloves, lab coats, masks, or even eye protection. Of course, this is a problem that needs attention. The hazards faced in the workplace are not limited to coronaviruses, and these unhealthy practices can lead to some bad outcomes. Despite the pandemic, this issue with staff is not a new one. Those who have worked in lab settings for years can easily become complacent about safety. They begin to notice over time… . . . read more.

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WORKPLACE SAFETY

How to create an enhanced cleaning and disinfection policy for your medical office

March 4, 2021 by

In the age of COVID-19, complying with the rigorous hygiene requirements of OSHA and other standards may not be enough. That’s because the U.S. Centers for Disease Control and Prevention (CDC) and public health guidelines mandate that work facilities still in operation undertake special enhanced cleaning and disinfection measures. This is particularly the case for healthcare sites. Here are the rules and how to comply. There’s also a Model Policy on this website that you can adapt for use at your own facility. What’s at Stake SARS-CoV-2, the virus that causes coronavirus, spreads by human-to-human contact and can live on a surface or object for up to seven days. The virus can be killed but it takes the right products and procedures. That’s why public health agencies are requiring employers… . . . read more.

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TOOL

Model Medical Office Enhanced Cleaning and Disinfection Policy

March 4, 2021 by

The U.S. Centers for Disease Control and other public health organizations mandate that employers take additional cleaning and hygiene measures during the pandemic. Here’s a Model Policy you can adapt for your own use based on your specific circumstances and applicable local and specialty rules.

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COVID-19

What do I say to patients who ask about my team’s vaccination status?

February 21, 2021 by

By Paul Edwards bio As vaccinations continue to be distributed to more and more members of the American workforce, one of the recurring questions we are getting concerns how to respond to patients who ask about whether or not your team has been vaccinated. Patients might pose this question over the phone before their scheduled appointment, or might ask it to one of your employees during their visit. Your employees’ health information is protected In response to such a question, it’s important to remember that your employees’ personal health information is protected in just the same way as your patients’ health information. Therefore, it is generally not a good idea to offer information to your patients that might expose any of your employees’ inability (or unwillingness) to get vaccinated. If… . . . read more.

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TOOL

Medical Office Worker’s Acknowledgement of Decision to Decline COVID-19 Vaccination

February 16, 2021 by

It behooves you to ensure that medical office staff get vaccinated against COVID-19 to protect not only themselves but also co-workers, patients and others at your facility. But what if workers neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require medical office workers to be vaccinated Option 2: Encourage medical office workers to be vaccinated voluntarily If you select Option 2, require workers to sign a form acknowledging that they were offered the vaccine and voluntarily declined to accept it and list the reasons for doing so. Here’s a Model Policy you can adapt.

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