EEOC OFFERS WORKPLACE VACCINE GUIDANCE    

 

Courtesy NATSO

The Equal Employment Opportunity Commission (EEOC) recently issued guidance regarding workplace vaccination issues. As a general matter, employers may encourage or possibly require COVID-19 vaccinations, but policies must comply with the ADA and the Civil Rights Act and other workplace laws. An employee with a religious objection or disability may need to be excused from the mandate or otherwise accommodated. Additionally, if an objecting employee is a union-represented employee, the employer may need to bargain and reach an agreement with the union before mandating vaccines. The link on this matter is HERE.

 

Rear underride guards to be included in annual inspections

 

Courtesy FreightWaves

The Federal Motor Carrier Safety Administration (FMCSA) proposed rulemaking, scheduled to be published on Tuesday, follows recommendations from the U.S. Government Accountability Office last year and a petition from the Commercial Vehicle Safety Alliance seeking the change.

 

Federal regulations have required rear impact guards for more than 65 years. However, they are not included on the list of components that must be inspected during the annual commercial vehicle inspection, as outlined in Appendix G of the “Minimum Periodic Inspection Standards” section within federal commercial trucking rules. This means, from a practical standpoint, that a truck can pass an annual inspection with a missing or damaged rear impact guard.

 

“FMCSA assumes that the majority of motor carriers currently inspect rear impact guards annually despite the absence of an explicit requirement to do so,” the agency stated in its proposal. It cited data showing that out of approximately 5.8 million regulatory violations identified during inspections in 2017, only approximately 2,400 – or about 0.041% – were rear impact guard violations.

 

For that reason, “the agency believes that amending Appendix G to include a review of rear impact guards … would result in only a de minimis economic impact,” it stated.

 

The FMCSA’s proposal excludes certain trucks involved in road construction from the underride inspection requirements because it would interfere with the intended function of the trailer. The proposal would also amend certain labeling requirements for rear impact guards.

Colorado Employment Law & Regulations Changes for 2021

 

Just a quick reminder that there are several major changes for employers to deal with that went into effect 1/1/21.  Some of them are below.

 

Equal Pay for Equal Work Act

The new law prohibits paying different wages for similar work on the basis of sex, beefing up existing federal rules on the topic.

 

Healthy Families and Workplace Act

Starting in 2021, the Healthy Families and Workplaces Act  will require that Colorado employers with more than 16 employees provide one hour of paid sick leave for every 30 hours of work, up to a minimum of 48 hours. Employers need to put up posters informing workers of their rights to paid leave under state law in 2021.

 

Public Health Emergency Whistle-blower

The new law seeks to protect employees who raise public safety concerns during a public health emergency. Trying to quash complaints or silence critics is now officially frowned upon under state law, not just under federal rules.  If an employer retaliates, such as sidelining or firing someone who complains, that employee can file a suit alleging discrimination, including a broader private attorney general action on behalf of their co-workers. Employers would be liable for any lost wages or $10,000, whichever amount is greater.

 

Minimum Wage

Colorado’s state minimum wage adjusts annually based on the rate of inflation, and it is scheduled to increase from $12 an hour in 2020 to $12.32 an hour in 2021. In addition, the Denver City Council passed its own minimum wage order and the minimum in Denver County will go from $12.85 an hour to $14.77 an hour in 2021, and $15.87 in 2022, and then adjust by inflation after that.

 

For more information on these topics:

https://www.denverpost.com/2021/01/01/colorado-laws-businesses-employers-workers-2021/

https://cdle.colorado.gov/businesses-employers

https://www.employerscouncil.org/

2021 CMCA Membership Directory - 

changes due January 15th!!

 

Lester Publications in Canada may be contacting you about purchasing ads for our 2021 directory. For more information on the directory, contact Kate@cmca.com.