Genetic Discrimination

gina_logoTitle II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009.

Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs – referred to as “covered entities”) from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

The EEOC enforces Title II of GINA (dealing with genetic discrimination in employment). The Departments of Labor, Health and Human Services and the Treasury have responsibility for issuing regulations for Title I of GINA, which addresses the use of genetic information in health insurance.

via Genetic Discrimination.

Five HIPAA Requirements for Wellness Programs

hipaa_complianceWhat are the five requirements for wellness programs which base a reward on satisfying a standard related to a health factor?

  1. The total reward for all the plan’s wellness programs that require satisfaction of a standard related to a health factor is limited – generally, it must not exceed 20 percent of the cost of employee-only coverage under the plan. If dependents (such as spouses and/or dependent children) may participate in the wellness program, the reward must not exceed 20 percent of the cost of the coverage in which an employee and any dependents are enrolled.
  2. The program must be reasonably designed to promote health and prevent disease.
  3. The program must give individuals eligible to participate the opportunity to qualify for the reward at least once per year.
  4. The reward must be available to all similarly situated individuals. The program must allow a reasonable alternative standard (or waiver of initial standard) for obtaining the reward to any individual for whom it is unreasonably difficult due to a medical condition, or medically inadvisable, to satisfy the initial standard.
  5. The plan must disclose in all materials describing the terms of the program the availability of a reasonable alternative standard (or the possibility of a waiver of the initial standard).

via FAQs About The HIPAA Nondiscrimination Requirements.

Developing an Effective HR Compliance Program

compliance-checkHuman resources compliance is a necessity for any business in today’s legal environment. Between the Fair Labor Standards Act (FLSA), OSHA, sexual harassment, and antidiscrimination laws, a business that isn’t aware of its HR responsibilities is headed for trouble.

When done correctly, HR compliance is a process. It’s a way of defining proper individual and group behaviors, and assuring that laws and policies are understood and followed. This means you must know the laws and develop appropriate policies in relation to these laws. Compliance also means you and your managers need to communicate these policies to the troops, along with your expectations for adherence and the consequences for nonadherence. The latter requires specific investigative and punishment procedures.

Effective HR compliance programs need to be integrated into your business strategies and given more than just lip service. Compliance has to start at the top and trickle down to all levels, so everyone in the company knows that the workplace must be kept safe and discrimination won’t be tolerated.

via Developing an Effective HR Compliance Program | Legal > Labor & Employment Law from AllBusiness.com.

OSHA – Top 10 Most Frequently Cited Standards

The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA. OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries and illnesses occur in the workplace.

  • 1926.451 – Scaffolding
  • 1926.501 – Fall Protection
  • 1910.1200 – Hazard Communication
  • 1910.134 – Respiratory Protection
  • 1910.147 – Lockout/Tagout
  • 1910.305 – Electrical, Wiring Methods
  • 1910.178 – Powered Industrial Trucks
  • 1926.1053 – Ladders
  • 1910.303 – Electrical, General Requirements
  • 1910.212 – Machine Guarding

via Top 10 Most Frequently Cited Standards.