Category Archives: Workplace

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The Business Impact of the Supreme Court’s Travel Ban Decision

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In one of its most anticipated cases in decades, the U.

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S. Supreme Court on June 26 upheld President Trump’s latest “travel ban,” delivering a key win to the Trump administration and one of its strict immigration enforcement stances. The Court concluded the president’s executive order—which largely targeted individuals from predominately Muslim countries—did not violate the Constitution’s Establishment Clause by favoring one religion over another, ruling that the order was a lawful exercise of the authority granted to the president by Congress.

The Supreme Court’s action now permits immediate enforcement of one of the president’s signature immigration policies that began in January 2017 and included repeated trips to the federal judiciary. Employers with workers from the affected countries—Iran, Libya, Syria, Yemen, Somalia, North Korea and Venezuela—now need to ensure proper protocols are put into place to spare employees from unnecessary risk and to preserve smooth business operations.

Given that the travel ban can be enforced immediately, employers should:

  • Identify employees who are nationals of banned countries. The effect of the ban differs between the seven countries, so consult immigration counsel to be sure you understand how the ban applies to the country of origin for your employees.
  • Instruct any affected employees who are abroad and have not previously been affected by the prior travel bans to return immediately.
  • Caution workers from the affected countries not to travel outside the United States.
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    While the underlying litigation surrounding the travel ban will continue in the lower courts, assume the ban will be in effect for the foreseeable future.

  • Tell foreign national employees to carry originals or clear copies of legal authorization to be in the U.
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    S. at all times and to consult with an immigration attorney before signing any paperwork presented by the Department of Homeland Security or the Department of State.

  • Instruct employees to cooperate and present evidence of their U.S. immigration documentation and legal status if they are stopped by an Immigration and Customs Enforcement agent.
  • Advise employees that if their temporary work visas are expiring, they should take immediate steps to extend those visas.
  • Consider whether to sponsor employees who are here on soon-to-expire temporary work visas for permanent residency, if they are eligible.

Suicide Discussions in the Workplace

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Conversations about suicide in the workplace have been seemingly unavoidable, due to the self-inflicted deaths of apparel icon Kate Spade and Anthony Bourdain, chef, author and “Parts Unknown” host, last week. Employers may use these tragedies to reconsider their own prevention and awareness efforts, and ways they can productively contribute to the dialogue and keep their workers safe.

According to the latest Vital Signs report by the Centers for Disease Control and Prevention (CDC) (which was released in the time between the two aforementioned fatalities), suicide is the tenth-leading cause of death in the United States and is on the rise. The new data also shows that in 2016, nearly 45,000 Americans age 10 and older died by suicide—equaling about 123 people every day.

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The increases were reflected in 49 states (Nevada being the only one with a decrease) and 25 states had rate increases of more than 30% since 1999.

“Suicide is a leading cause of death for Americans—and it’s a tragedy for families and communities across the country,” CDC Principal Deputy Director Anne Schuchat, M.

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D. said in a statement. “From individuals and communities to employers and healthcare professionals, everyone can play a role in efforts to help save lives and reverse this troubling rise in suicide.”

Suicide is rarely caused by a single factor, the CDC said. Although suicide prevention efforts largely focus on identifying and providing treatment for people with mental health conditions, there are many additional opportunities for prevention.

Dialogue Etiquette
What we say or don’t say, and how we say it, matters to those struggling with thoughts of ending their lives and to those suffering a loss due to suicide. Suggestions for how to address the issue are offered by CNN, which quoted a crisis intervention expert advocating for changing the phrase “committed suicide.”

“It implies sin or crime” –we “commit” sins and crimes – “and pathologizes those affected. We suggest more objective phrasing, like ‘died by/from suicide,’ ‘ended their life’ or ‘took their life,'” said Dese’Rae Stage, a suicide awareness activist. “If we’re using the right language, if we’re pulling negative connotations from the language, talking about suicide may be easier.”

Ultimately, the CDC suggests that there is no single method that best prevents or reduces suicide. “Rather, suicide prevention is best achieved,” it stated in the technical package, “…across all sectors, private and public.”

Although society’s collective attention span is limited, considering the barrage of headlines emanating from media outlets and overall news fatigue, suicide – like drug use – is a public health concern. It is likely that more stories and facts will emerge in the coming weeks about the CDC’s data, as well as the mindsets of Bourdain and Spade, which will bring the topics into a mainstream dialogue again.
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The Business Impact
In 2017, the CDC released Preventing Suicide, a technical package containing strategies and approaches to help employers, government and other sectors of society take a comprehensive public health approach to prevention and address the range of contributing factors.

The package also explores the health and economic consequences of suicides and suicide attempts. For example:

  • In 2013, suicide cost $50.8 billion in estimated lifetime medical and work-loss costs alone.
  • Another study estimated the total lifetime costs associated with nonfatal injuries and deaths caused by self-directed violence to be approximately $93.5 billion in 2013.
  • One estimate suggested that 13.2 million (7%) of the U.S. adult population knew someone 12 months prior to the study who had died by suicide.

The technical package suggests that businesses are among the entities that “are in the best position to establish policies and support practices that create protective environments where people live, work, and play.”

Strategies in a reduction or prevention effort include:

Strengthening access and delivery of suicide care. Two approaches include adding/increasing coverage of mental health conditions in health insurance policies and reducing provider shortages in underserved areas and providing safer care through changes in the systems. The CDC states: “Equal coverage does not necessarily imply good coverage as health insurance plans vary in the extent to which benefits and services are offered to address various health conditions.

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Rather it helps to ensure that mental health services are covered on par with other health concerns.”

Creating protective environments. This involves fostering a culture characterized by awareness and encourages prosocial behavior (such as asking for help) that should start at the executive level. It also calls for reducing access to lethal means (such as chemicals, weapons and other items that may be available or necessary in the workplace) among those who may be at risk of suicide.

Reducing future and unexpected risks. These include suicide contagion—which can be triggered by continuous, sensationalized or uninformed reporting on the subject. Should your workplace be impacted by a suicide, postvention approaches such as debriefing sessions, counseling and other actions to provide a protective environment can help balance workplace morale and “may reduce survivors’ guilt, feelings of depression, and complicated grief.”

It is worth noting that World Suicide Prevention Day will be observed on Sept. 10, which coincides with National Suicide Prevention Week  (Sept. 9-15) in the U.S.

Expect the Unexpected: Mitigating the Risks of Natural Disasters

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As we’ve seen with the recent Kilauea volcanic eruption and last year’s catastrophic hurricane season, natural disasters are becoming more frequent and dramatically more powerful. In fact, NOAA recently reported that weather and climate disasters reached an all-time high in damage costs within the United States, exceeding $300 billion in 2017.

In the face of these increases, companies have a social responsibility to maintain a strong disaster recovery strategy. How can your company prepare to combat the risks from these seemingly unpredictable events? Implementing a proactive risk management approach can help companies better prepare themselves, their employees and their communities to minimize damage and loss in the face of these destructive events. But these strategies cannot simply be created when a natural disaster strikes. As with anything, careful planning before a catastrophe happens is vital to the continued health and success of a business.

When developing these strategies, it is imperative that both pre- and post-disaster planning is  included in the mix, as each plays a critical role in ensuring your ongoing operations.

Maintain a pre-event strategy
It’s important to remember that when natural disaster strikes, there are both direct and indirect costs to a company. How you plan and address these costs can either save or destroy your business.

With today’s technology, we have the ability to monitor most natural disasters and maintain a better idea of when and how hard they will hit. This isn’t always the case, however. While hurricanes can take time to form before making landfall, oftentimes tornadoes and wildfires happen overnight, making it critical to have disaster plans in place before a disaster strikes.

There are three main areas companies should consider when creating a preemptive disaster strategy: 1) supply chain, 2) employees and 3) business infrastructure.

Maintaining a timely and accurate risk strategy for your company and your employees is incredibly important to protect all of these assets. First, it can help protect your supply chain by providing time to divert your supply chain operations from problem areas.

Additionally, it is imperative to be mindful of conditions affecting your various suppliers and how their potential risks can affect your operations.

Armed with this knowledge, you can proactively develop supply chain diversion strategies to maintain efficiency and production. While you may not have the threat of a natural disaster, one of your largest suppliers might. So think ahead, make a back-up plan and monitor both your own operations and those of your supply chain.

As we all know, employees are central to each and every business. An established risk mitigation strategy will include notifying employees so they have time to protect themselves and their family. It can also help management decide if and when to send employees home to help keep them safe.

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Finally, a preemptive strategy needs to consider the effects of disaster on business infrastructure. How will you prepare your building and operations for the threat of a flood or tornado? Do you have access to the proper reinforcements and equipment to accomplish these preparations? A well-established pre-event risk management strategy can help with these issues and also minimize damage so that you are not left picking up the pieces of what could have been a protected building or warehouse.

Implement a proactive post-event strategy
When developing a post-event disaster plan, the best strategy is to think long-term, as short fixes are just that—short fixes.

Consider the upstream impact of the disaster. Damage to raw materials and supplier areas can amount to huge indirect costs. So how can you avoid this? One way is by ensuring your pre-event plan is efficiently put into effect and is able to redirect any necessary supplies. It is also imperative to have a successful remediation strategy in place to recover from the effects of a disaster for both your operations and those of your supply chain. Be prepared to re-establish your supply chain and be sure it is completely intact post-disaster.

Many disasters also have long-lasting impacts that cause companies to have a lengthy rebuilding process. Have a plan for secondary supply chain options to ensure ongoing operations in case a supplier is out of service for a longer period of time. The problems don’t end when the disaster ends, so be sure to build out contingency plans for your operations through the potential recovery months.

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Your post-event remediation strategies must also consider your physical office environment. Ensure there is a plan to check that equipment is operational and know how to repair or find replacement equipment to get operations up and running as soon as possible. Focus on rebuilding the business ecosystem from supply chain, to operations, to your employees.

Finally, consider how you will get your employees back to work, and not just for the immediate future. Invest in your employees, and they will invest in you. After natural disasters, your employees could be facing damaged or destroyed homes, the loss of loved ones and even personal injuries.

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Look at what the company can do to help ensure their well-being so that they are willing and able to return to work.

Inevitability doesn’t have to mean susceptibility
Regardless of location, natural disasters are going to occur that affect you and your business to some extent. That is a fact of life. But it doesn’t necessarily mean that your company is susceptible to the significant damages and costs associated with these disasters.

Maintaining open lines of communication with your leadership and employees will help you develop and implement a strategic plan before and after nature takes its course. As we face the upcoming hurricane season and other inevitable disasters, it is better to mitigate the risks and susceptibility so that your “in case” plan doesn’t become “we should have.”

National Safety Month Targets Preventable Deaths

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Hazardous work zones, insufficient planning, prescription and illegal drugs and distracted driving continue to affect the careers and companies of employees in the United States. According to the National Safety Council’s (NSC) Injury Facts, the lifetime odds for the top three accidental causes of death are motor vehicle crashes (1 in 102), opioid and painkiller use (1 in 109) and falls (1 in 119).

To demonstrate that “knowing the odds is the first step in beating them,” the NSC launched its No 1 Gets Hurt campaign as part of National Safety Month, which begins June 1.
“Preventable injuries are the third leading cause of death for the first time in United States history,” NSC president and CEO Debbie Hersman told Risk Management Monitor. “Sadly, our national opioid epidemic and the sudden recent increase in motor vehicle deaths have propelled preventable injuries past chronic lower respiratory disease and stroke in terms of how many lives are lost each year. Every single unintentional injury could have been prevented.”

The numbers tell the story. In 2015 there were 214,008 injury-related deaths in the U.S., 69% of which were unintentional.

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Slightly more than half of those unintentional deaths occurred at home, while the remainder were classified as motor vehicle nonwork (24%), public (22%) and work-related (3%). Although the latter had the smallest number – 4,190 – that still equates to nearly 11.5 preventable work-related deaths per day.

NSC data also indicates that, on average, an additional 12,100 at-work injuries occur each day.

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The cost of these injuries was estimated at nearly $142.5 billion in 2015, equivalent to 15 cents of every dollar of corporate dividends to stockholders, 7 cents of every dollar of pretax corporate profits and exceeds the combined profits reported by the nine largest Fortune 500 companies.

NSC statistics indicate that since 1900, death rates in the U.

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S. have decreased by 71.1%. Preventable causes of death are also down by nearly 45% in the same time period but have been steadily increasing since 1992, which marked its lowest point (60.5%).

No 1 Gets Hurt aims to identify safety risks and prevent the leading causes of injuries and deaths at work and at home. Each week in June will focus on a different overarching cause of injuries and fatalities in the U.S.:

  • Emergency Preparedness
  • Wellness
  • Falls
  • Driving

“This year’s theme, No One Gets Hurt, encourages everyone to make at least one change for safety during June,” Hersman said. “Small actions—creating an emergency escape plan, avoiding using your phone while walking, or wearing your seat belt, for example—can make all the difference.”

To help accomplish thus, tip sheets and articles are available in English and Spanish. NSC members will also have access to other materials, including checklists, 5-Minute Safety Talks, games and best practices. As with other safety-themed campaigns, NSC encourages employers to use these resources during the designated weeks, or create a schedule that works best for their organization.

The NSC made these suggestions to keep workers, families, and communities thinking about safety in June and beyond.

  • Distribute the downloadable National Safety Month materials
  • Create bulletin boards, newsletters or blog posts
  • Encourage others to take the SafeAtWork pledge at nsc.org/workpledge
  • Share posts on your social media channels using #No1GetsHurt
  • Provide safety training
  • Host a safety fair, lunch ‘n learn, trivia contest or celebratory luncheon

“Employers look to NSC for resources to help employees understand safety risks, and we are committed to helping them provide that education—not just in June, but year-round,” Hersman said.