Pub. 1 2013 Issue 4

Spring Issue 2013 23 California has statutory penalty provisions under Labor Code 132(a) that states as follows: Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstate- ment and reimbursement for lost wages and work benefits caused by the acts of the employer. With penalties such as these, it is time that all dealers ensure that no retaliatory action is taken against employees rightfully filing their claim for Workers Compensation following a workplace injury. We must note that the California Labor Code 132(a) may not be the limit if OSHA was to assess penalties against employers in the state. WHAT TO DO ANDWHAT NOT TO DO NOT TO DO: Do not discriminate against any employee for rightfully seeking treatment related to a workplace injury. There are penalties for wrongful denial and even delays in processing the claim. Let the Workers' Compensation carrier process the claim. If you suspect foul play, alert the carrier. Let them deny the claim if they deem the claim to be non-meritorious. All managers must comply with this policy so that no individual takes action against an employee with a suspected claim. Suspected fraudulent claims should be kept under lid as any discussion of the matter with other employees may cause prejudice against the injured employee, which is prohibited by law. Do not make safety records part of the annual employee evaluation in which salary or promotions are discussed. Any denial of salary increment or promotion based on workplace injury records is prohibited by law! TODO: Discipline employees for safety rule violations whether related or unrelated to an injury, if you meet criteria as follows: • Safety policy has been clearly communicated in writing with acknowledgment from employees • Employees violating safety rules are disciplined when unrelated to injury as well Heat Stress Training and Prevention Both Cal-OSHA and Federal OSHA are requiring that employers take affirmative steps to reduce heat stress. This lawwas enacted in California a few years ago when employers were required to train employees & supervisors for prevention of heat stress. We write this alert to give you guidance on the statute and other affirmative steps youmay take to be in compliance and to protect employee health. Please note that if Cal-OSHA was to inspect your facility, they will require you to show proof of training on heat stress along with other safety documentation! Background: Workers who are exposed to extreme heat or work in hot environments may be at risk of heat stress. Exposure to extreme heat can result in occupational illnesses and injuries. Heat stress can result in heat stroke, heat exhaustion, heat cramps, or heat rashes. Heat can also Continued on page 24 Isn’t It tIme you had a fully - loaded certIfIed publIc accountIng fIrm? We have been steering San Diego businesses in the right direction since 1946. • Accounting Support & Financial Analysis • Corporate & Individual Tax Planning • Estate Planning & Business Continuation • Management Consultation • Audit & Review Services • Assistance in Tax Audits • Retirement & Pension Plans • Finance & Business Planning For a free evaluation of your current accounting program, please contact Philip Smith at (619) 231-1977