safety Archives - VA Law & Business Review

Obamacare : Is Your Business Ready?

December 30, 2015December 30, 2015admin

If you are a small business, are you ready for the latest requirements in Obamacare? If you haven’t heard, starting on January 1, 2016, businesses with 50 to 100 employees will be required to offer insurance for their employees. According to the Affordable Care Act, if employers fail to provide affordable health coverage to their employees in the upcoming year, businesses will face a tax penalty (which can result in up to thousands of dollars).

I thought a business with 50 employees was considered small?

Last year, businesses with less than 100 employees was still considered small and wasn’t required to offer insurance to full-time employees, but revisions to the Affordable Care Act lowered the number to 50 employees or more. While this may be beneficial to hardworking employees, it’s a bit trickier for small businesses.

I was making plans to expand my business, now I don’t know if I can or should

For most small businesses, expansion means success. However, with expansion comes more employees and with more employees comes required insurance benefits. While many small businesses care for their employees and want to offer full-time work for all who qualify, some employers may need to draw the line on how many full-time employees can work for the business (full-time is at least 30 hours per week).

Sometimes I hire seasonal employees, do I have to offer benefits to them?

If you own a business that requires more employees during a certain time of year, such as the holidays or during the summer months, you are not required to offer health insurance unless you staff over 50 full-time employees for 120 days or more.

Is there a way to get around the new changes of Obamacare?

There’s no way to get around the Affordable Care Act and it’s not worth trying or the risk. Some businesses try to split into separate entities (with less than 50 full-time employees). This won’t save you any money in the long run because Obamacare treats related companies as one. If it’s more time you need, the federal government is giving businesses (who have all of a sudden become “large”) until April 1, 2016 to comply to the new changes.

I still have no idea what I’m going to do!

Most small businesses will agree that the Affordable Care Act can be overwhelming and confusing, particularly if you don’t have a human resources department to take care of all of the new changes or simplifying the process for you. Take advantage of the extension, but don’t wait until the last minute.

If you’re struggling to wrap your mind around the changes, consider contacting your local or state chamber of commerce, hire an employee benefits consultant, or speak with a licensed insurance broker who can help you find the right health plan that will be best suited for your business.

Even if you feel like the Affordable Care Act has set you back a bit as a business, don’t give up on your dreams of running a business; celebrate your success!

Black Friday Safety

November 24, 2015November 30, 2015admin

When it comes to Black Friday, you either like or loathe the post-Thanksgiving shopping extravaganza. Black Friday has become so popular that it has started to infringe on Thanksgiving itself, making many people wonder if consumerism is more important than time with family. Regardless of how you feel about Black Friday, it’s a pretty big deal and it looks as though it’s here to stay. Although the major shopping event of the year is good for the economy and for the shoppers who want to save some money, it can also be dangerous for shoppers and retailers. On average, each year, there’s a small handful of reported injuries that take place on Black Friday; however these statistics may be low considering that not all injuries make the news or are reported. If you decide to venture out and wait in line at one of the big box stores, take the time to make sure you’re safe.

Stay Safe in Retail

During the holiday season, retail employees work hard for every cent they earn. Long shifts, extended store hours, holiday music on an endless loop, and stressed out customers are common challenges each day in the life of a retail worker. Black Friday marks the beginning of the holiday shopping season and it rarely slows until the after the holidays are over and shoppers have made exchanges or returns. Black Friday means job security to many who work in retail, but it can result in workplace injuries and even death. On Black Friday in 2008, a Long Island retail worker was trampled to death by shoppers who had more or less broke down the barriers to get inside of the Wal-Mart. In such a frantic rush to get the biggest deal, Black Friday shoppers may have had no idea that the person who had fallen had been killed by bargain hungry shoppers.

While retail workers strive to make Black Friday shopping safe and organized for all shoppers, employees are often at risk for injuries that can leave them out of work permanently due to a disability, which can put an end to financial security. According to the Virginia SSDI attorneys at Marks and Harrison Law Firm, in order to receive disability pay, an eligible disability should be expected to last for at least one year or expected to result in death. Think about the Long Island worker, had he not tragically passed away, his injuries may have been severe enough that he would never work again.

Safety Plan on Black Friday

Implementing a Black Friday safety plan not only keeps shoppers safe, but benefits employees and the business overall. Here are some Black Friday safety tips to help keep employees safe, and ultimately have safer shoppers, during the mad dash for bargain prices:

Delegate Jobs: While it may be difficult to train some employees to a different department, delegate employees to certain responsibilities such as calling the police or emergency responders.

Explain Expectations: If employees have never worked when the store is full, explain what they can expect. Employees that don’t do well under the pressure of crowds should be delegated a different role for the day.

Have Security or Backup: When a line forms outside before a store opens, there’s almost always a mad and chaotic rush through the entryway (that’s kind of the thrill of Black Friday). Hire security or people who aren’t afraid to face a crowd head on, but can do it safely. This individual should know how to manage a crowd without using force.

This Black Friday, stay safe, be prepared, and keep the post-holiday shopping tradition strong.

Make It Like New: Renovating an Old Building for a New Retail Space

July 22, 2015July 22, 2015admin

Whether you are starting a new business or are expanding, finding the right space is essential. Depending on your location, there are may be many older and abandoned properties with historical value, loads of potential, and in need of a little TLC. These days, when city dwellers across the country are urging to keep downtown business districts alive, an older building may be the perfect fit for your business; particularly if the price is right.

Whether you love the clean lines on a Classical Revival building or are head over heels about the masonry construction and arches of a Romanesque Revival building, any old building you choose to renovate may require some work. Rather than feeling overwhelmed by your work in progress, look at your purchase as an opportunity to make your business stand out.

Safety First

Much of an old building’s charm is visible on the outside, but in order to capture the original look on the inside, it may require peeling and tearing out layer upon layer of outdated building materials (such as paneling, plaster, carpeting, and linoleum). However, you may also come across a building that looks as though it has never been touched by modern architecture. Either way, you will need to make sure that your building is a safe place for your business and that it won’t put you or your patrons in danger.

Inspection: Have the building inspected by a professional. He or she will closely examine every aspect of the building from the roof to the foundation to determine the building’s safety. This report will help you decide how much to invest in the remodel and how much assistance you may need from a designer/architect.

Beware of Red Flags: The price tag may be too good to pass up, but are there are some red flags to consider such as hazardous materials like asbestos. Many old buildings contain the carcinogen and should not be destroyed or removed without a professional.

Asbestos can be found in almost every type of building material prior to the late 1970’s. “Asbestos has been used in heating and domestic water systems, including pipes, boilers and tanks. It also has been used in vinyl and linoleum flooring, and drop-in ceiling tiles,” says Belluck & Fox

Design Tips

Once you’re given the green light to go ahead and start renovating, it may be hard to decide where you want to start. While money will most likely be the deciding factor, plan a design that focuses on energy conservation and safety without losing your business’s unique style.

Spend to Save: There are many features in the old building that you may want to hang on to such as tall ceilings, ornate light fixtures, and large store front windows. You can keep some of these charming features and add some updated, money saving designs. Consider saving light fixtures, but adding more efficient lighting. Keep the large windows, but make sure there is new weather stripping around the windows.

Additionally, get rid of features such as mail chutes, that may interrupt efficient heating and cooling. If you’re lucky, you may find some inexpensive replicas (flooring or lighting) that perfectly match some of your building’s vintage charm.

How a Business Can Increase Product Safety and Minimize Recalls

March 31, 2015April 14, 2015admin

The subject of corporate accountability associated with product recalls affects businesses from small, family-owned operations to the most well-known and recognized corporate entities. A manufacturing error, a failure to warn consumers of a potential danger in the use of a product, a tainted food product, or a faulty design can lead to a product recall and many product liability claims. A safety recall is not only expensive for a business, it can significantly damage the business’s reputation. What can business owners do to increase productivity and minimize the chance of recalls?

Every business enterprise is unique in the products or services it sells consumers, but there are certain basics that all business owners should focus upon at every stage of conducting business, both to protect the consumer and the bottom line of the enterprise. The last thing you want your business to be known for is causing illness, injury or loss of life.

The Basics of Product Safety

Have a Recall Readiness Strategy in Place

Any business can unexpectedly face a product recall. If one of your products has been recalled, or your business recalls it voluntarily, a skilled management of the process will have much to do with the final impact on the bottom line, as well as your business reputation. Many businesses fail to put a recall strategy in place, such as planning the reverse logistics involved in getting the product off the market. Get a recall readiness strategy in place, with the management team named and trained up for the processes involved.

Maintain Strict Quality Control Standards

Rigorous and ongoing quality control of your product is essential to avoiding a recall. Faulty products that are manufactured overseas can slip through and your business will be forced pay the price if a consumer is injured. Don’t assume that the product is safe, but inspect, inspect, inspect. Manufacturers can change processes, product components, ingredients and other alterations without informing you. Your business is responsible for the safety of your product. Test all current and newly developed and released products on a regular basis.

Inspect Your Factories or Farms

Don’t assume that the factory or farm that is producing your product is maintaining the standards set for your product, or consumer safety standards set by federal or state agencies. Engage the services of industry professionals and safety experts to do on-site inspections on a regular basis, and make changes if there are safety issues that could affect consumers and potentially lead to a recall. A first inspection of a factory or farm is not enough – these inspections must be ongoing.

Make Consumer Safety a Priority in Product Development

If new products in development have consumer safety as a focus during all stages you can avoid future problems. It is easier and less expensive to develop a product that is safe for consumers than being forced to fix a design flaw once the product has been released onto the market.

Develop Manuals for Product Safety and Product Recall Processes

Your business should develop manuals to maintain product safety, as well as manuals that address every detail of the recall process. One of the most dangerous corporate errors is to deny that a product is dangerous, or to remain silent. Businesses that take accountability seriously will quickly manage any danger to consumers, admit fault, and have processes in place that allow them to immediately inform all stakeholders – from governmental agencies down to the end-user – of the safety issue and what is being done about it. Honesty and transparency is far more effective. Rather than damaging your business reputation, there can be a positive response by consumers and stockholders when a recall is managed professionally.

Workplace Safety and Notice Requirements

September 9, 2014September 9, 2014admin

Regardless of whether your business is a startup or long established in the community, or if it’s a sole proprietorship or a multinational corporation, there are federal business laws that you must follow. Not every federal business law applies to every business, however. Knowing which laws apply to you and your business will prevent you from enduring the stress and frustration of wasting money and time paying penalties and correcting any issues. Two basic, but critical areas of federal business law are the requirement of nearly every business to post specific notices, and the laws regarding workplace safety.

Posted Information

Beginning with the basics, federal law requires most businesses to prominently display certain official notices in common areas of the workplace, such as break rooms or kitchens. Ranging from OSHA notices to posters regarding minimum wage, the posting requirements vary from business to business. If you are unsure about which notices your business is required by law to post, consult the United States Department of Labor (DOL) FirstStep Poster Advisor. Some states also require additional notices, so check with your state’s labor department if you aren’t sure about local requirements.

Workplace Safety Laws

Focusing on the safety of your employees protects them, but it also protects you from lawsuits and government penalties for breaking the law, as well as violating OSHA standards. All businesses are required to adhere to federal safety laws, and the best and most convenient place to start is on OSHA’s Compliance Assistance webpage. The site is not comprehensive, as your business may need to meet additional requirements. But, it does offer guidance for every industry, including construction, health care, and general industries (retail, wholesale, manufacturing). It even offers assistance for employers who have a predominantly Spanish-speaking workforce.

In order to be certain that your business is in full compliance with federal safety laws, OSHA also offers a free on-site consultation program designed for small and medium-sized businesses. According to their website, in 2013, this OSHA program conducted about 30,000 workplace assessments.

In addition to federal workplace safety laws, each state may have its own set of additional requirements. Contact your state for further information, and to ensure that your business is also in compliance with state safety laws, should they be more stringent than those prescribed by the federal government.

Federal business laws can be complex and confusing given that not every law applies to every business. However, there are areas of law that every business must adhere to, regardless of size, as evidenced by the examples of the laws related to workplace safety and the requirement to post important notices. The question you need to answer is ‘which of those laws pertain to my specific business?’

If you are uncertain about which federal business laws may apply to you, complete the U.S. Department of Labor’s FirstStep Employment Law Advisor survey for clarity. While it doesn’t cover every federal business law, it does cover the major Department of Labor laws. If you have further questions, contact the Department of Labor. By ensuring that you and your business are in compliance with federal business laws you will avoid wasting time and money tangling with the government, and instead use those resources toward something more useful – growing your business.