Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.

 

Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.

 

 

 

 

Full Day Workshop on June 25: my last HR4U 101 Workshop for 2013.

 

Company ordered to pay $1.1 million after terminating 3 workers for reporting injuries

Recently, a railway company was ordered to pay $1,121,099 to three workers following an investigation by OSHA, which found that the company violated the whistleblower provisions of the Federal Railroad Safety Act. Two investigations found that three employees were wrongfully fired for reporting workplace injuries. In addition to monetary remedies, the company has been ordered to expunge the disciplinary records of the three whistleblowers, post a notice regarding employees' whistleblower protection rights under the FRSA, and train workers on these rights.

 

One investigation involved a crane operator based in Fort Wayne, Ind., who was removed from service after reporting an eye injury requiring the extraction of a sliver of metal and rust ring from his eye. The injury occurred while he was operating a crane in support of a bridge-building operation. The employee was taken out of service and formally terminated after an internal investigation determined he had made false statements concerning the injury.

 

OSHA's investigation concluded that the worker would not have been terminated if he had not reported the injury. The agency has ordered the railroad to pay him a total of $437,591.70 in damages, which includes $100,000 in compensatory damages for pain and suffering, $175,000 in punitive damages, and $156,518.94 in back wages and benefits. It also includes compensation of $6,072.76 to the crane operator for penalties incurred when he had to cash in savings bonds prior to their maturity date after being terminated. In addition to damages, the company has been ordered to pay reasonable attorney fees. Further, OSHA has ordered the railroad to reinstate the worker to the proper seniority level, with vacation and sick days that he would otherwise have earned.

 

The second investigation involved a thermite welder and a welder's helper. Both employees had worked at the railroad for more than 36 years without incident when they reported injuries sustained as a result of an accident caused by another vehicle that ran a red light and hit a second vehicle, which in turn collided with the company truck in which they were riding.

 

The employees initially reported minor shoulder area pain plus some stiffness and soreness. Later, when questioned by management, they initially declined medical treatment, but as the pain increased, sought and received treatment at a local hospital. They were then taken out of service pending an investigative hearing and formally terminated. Management concluded that the employees' reports about their condition were false and conflicting and constituted misconduct.

 

OSHA's investigation found that the employees were terminated for reporting injuries to management. The agency has ordered the railroad to pay them $683,508 in damages, including $300,000 in punitive damages; $233,508 in lost wages, benefits and out-of-pocket costs; and $150,000 in compensatory damages for pain and suffering. Interest on back pay due will accrue daily until the employees are paid. In addition to damages, the company has been ordered to pay reasonable attorney fees.

 

These actions follow several other orders issued by OSHA against the railway company in the past two years. OSHA's investigations have found that the company continues to retaliate against employees for reporting work-related injuries, and these actions have effectively created a chilling effect in the railroad industry.

 

Huge Jump in I-9 Audits 

The number of I-9 audits multiplied over the past decade, rising from almost none—just three in 2004—to 500 in 2008 and 3,004 in 2012.

Employers should pay attention accordingly, as the fines for substantive and procedural violations of the Immigration Reform and Control Act (IRCA) can add up quickly.

Penalties
For knowing violations, IRCA penalties range from:

• $375-$3,200 for each unauthorized employee for a first offense.
• $3,200-$6,500 per unauthorized worker for a second offense.
• $4,300-$16,000 per worker for a third offense. 
• For paperwork violations, the fines range from $110 to $1,100 per violation.

When the government assesses penalties, the biggest factor it examines is the percentage of reviewed I-9 forms that have errors. If more than 50 percent have paperwork violations, for example, the paperwork fines typically are $900 per I-9, which may be adjusted up or down.

 
Targeted Employers
I-9 audits used to be random, but now they are more often the result of disgruntled former employees complaining to ICE.

Also, ICE likes to go after companies connected with the nation’s critical infrastructure, such as those that run power plants, food-service businesses, those connected to airports, or anything else that seems related to “homeland security.”

Human Resources 4U is available to do I-9 audits for your company

 

Factoids

• In 2012 employers paid on average for 76% of medical plan cost ($7225)
  •  Manufacturing employees pay 13% more, and;
  • Hotel/food service pay 25% less than the average cost

• 23% of employees are classified as part-time

Tenure factoids

• Average tenure is 5.4 years up from 5.2 in 2010 
• For males it is 5.5 years for older males (55-64) it is 10.7 (down from 14.7 in 1963) 
• Females 5.4 years, for older females it is 10 years (up from 7.8 in 1963)

Workplace Homicides

• Top 3
  • Retail/trade 27%,
  • Government 17%,
  • Leisure/hospitality 15%

 

Quotes 

“Intellectuals solve problems; geniuses prevent them.”

Albert Einstein