One by-product of a strong economy is more employment, but the increased activity usually results in more workplace injuries.
That’s because there are more inexperienced people on worksites and when a company is busy and there is more activity, the chances of an incident occurring also increase. This is especially the case in manual labor environments from production facilities, warehousing and logistics to construction and other trades.

The September USG + U.S. Chamber of Commerce Commercial Construction Index found that 80% of contractors said that the skilled labor shortage is affecting jobsite safety and it’s the number one factor  ncreasing safety risk on the jobsite.  As business activity grows and the job market tightens, many companies are forced to hire more inexperienced workers who are not skilled at understanding all safety hazards.
Experienced personnel have the know-how to identify workplace hazards and understand the safety protocols for all aspects of their work. While training can help new hires, nothing beats experience. Additionally, with many businesses working hard to fulfill orders, workplaces are busier. Amidst all that hustle and bustle and people moving quickly, the speed and activity can also contribute to accidents in the workplace.

Also, aggressive scheduling may cause employers to use workers with less experience or training, and can push employees to work longer hours. If employees are working overtime, they may also be tired and fatigued, which can contribute to poor judgment and workplace incidents.
One other issue that’s affecting workplace safety and is related to the tight job market is that employers are often having to settle for workers they may not normally hire in other times. As you know, the scourge of opioid addiction has been rampant and unfortunately if someone  who has an addiction is hired, they may be a serious liability for the employer. Not only that, but more states are legalizing recreational marijuana and nearly 40 states have medical marijuana laws on the books.

Here’s what’s concerning construction employers on the worker addiction front, according to the USG + U.S.
Chamber of Commerce Commercial Construction Index:
• 39% were concerned about the safety impacts of opioids.
• 27% were concerned about the safety impacts of alcohol.
• 22% were concerned about the safety impacts of cannabis.

The report showed that while nearly two-thirds of contractors had strategies in place to reduce the safety risks presented by alcohol (62%) and marijuana (61%), only half had strategies to address their top substance of concern: opioids, which is a growing issue.

What you can do
In this environment of labor shortages and high competition for workers, employers need to put a premium on safety.

Employers with on-call workers who have to phone in to check on a scheduled shift are now required to pay them reporting pay, a California appellate court has ruled. The court held in the precedent-setting case of Ward vs. Tilly’s, Inc. that an employee scheduled for an on-call shift may be entitled to partial wages for that shift despite never physically reporting to work. The case hinged on what’s known as “reporting pay.”

DEFINITION OF ‘REPORTING PAY’

California’s Industrial Welfare Commission (IWC) has wage orders that require employers to pay workers who show up for a shift and then are told they won’t be working the scheduled shift.
Under the wage orders, an employer has to pay an employee who is required to report for work and does report, but is not put to work or works less than half their usual or scheduled day’s work. Reporting pay is a minimum of two hours’ pay and a maximum of four hours.

THE CASE

In the Ward vs. Tilly’s, Inc. case, employees were required to phone in to see if they would be working that day. The plaintiff in the case said that he was owed reporting pay because calling in to see if he was scheduled was essentially the same as showing up at work and being told he didn’t have to work that day, as per the IWC’s wage orders.

The appellate court on Feb. 4, 2019, upheld a lower court’s ruling that had sided with the plaintiff. It’s unclear whether the defendant will appeal the case to the California Supreme Court, but until that time and up to any potential decision, the ruling stands.

WHAT IT MEANS FOR EMPLOYERS

Previously, reporting pay was limited to those employees who physically reported to work. Now, any employee that has to call in to check on a scheduled shift will be due half of the wages they would have earned by working the shift they were on call for. The amount of reporting pay is based on the number of hours the employee normally works.

EXAMPLE: Justin, an on-call worker, is usually scheduled for six-hour shifts. When he called in on Wednesday, he was told he did not need to come into work that day. Based on the appellate court ruling, Justin must receive up to one-half of his scheduled shift, or three hours’ pay.

WHAT YOU CAN DO

• Conduct a cost-benefit analysis of retaining or keeping on-call status for employees.
• If you have on-call workers, update your employee handbook to reflect the new policy.
• If any of your workers were on call and were told not to work a shift after the Feb. 4 court ruling, you should pay them for the reporting pay they are owed.