American Society of Employers
Michigan Supreme Court Expands OSHA/MIOSHA Remedies

24 September 2024

Michigan Supreme Court Expands OSHA/MIOSHA Remedies

Author: Michael Burns

Michigan employers may not “discharge an employee or in any manner discriminate against an employee because the employee files a complaint” under the state’s safety and health law. An employee that may have suffered an adverse employment action against them because of involvement in a safety complaint may bring a complaint to the Michigan Department of Labor and Economic Opportunity within thirty (30) days after the violation. This will lead to a MIOSHA investigation and...
Marijuana Legalization Spurs Surge in Drug Test Tampering and Positive Results

20 August 2024

Marijuana Legalization Spurs Surge in Drug Test Tampering and Positive Results

Author: Susan Chance

The legalization of marijuana use, either for medical, recreational, or both, has led to an increase in positive marijuana tests as reported by Quest Diagnostics. In 2019 the percentage of positive tests was 3.1%. In 2023 the number rose to 4.5%. However, the number of positive tests is not the only thing that has gone up. The number of workers cheating on their drug tests has also risen.

Baby Reindeer Protections in the Workplace

30 July 2024

Baby Reindeer Protections in the Workplace

Author: Heather Nezich

The Netflix show, Baby Reindeer, is a fictionalized story based on a real-life stalking incident. It tells the story of a struggling comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he works as bartender. Martha then begins harassing and stalking Donny, his friends, and his family. It turns his life upside down. In real life, there are employment laws that address stalking and/or domestic violence situations involving employees, and it’s important that employers...
Heat Waves, Parties, and Substance Use: Ensuring Safe and Sober Summer Workplaces

9 July 2024

Heat Waves, Parties, and Substance Use: Ensuring Safe and Sober Summer Workplaces

Author: Susan Chance

It’s summertime and parties, vacations, weekend get-a-ways, and public celebrations are increasing.  We are more likely to relax and let our guard down as we enjoy barbeques, birthday parties, or family get togethers. One thing we should not let our guard down on is drug and alcohol testing.

When are Musculoskeletal Treatments Recordable Under OSHA?

9 July 2024

When are Musculoskeletal Treatments Recordable Under OSHA?

Author: Anthony Kaylin

On May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique [“ART”] (massage that targets soft tissues), and exercises and stretching.

7 Guidelines for Protecting Outside Workers from Heat

18 June 2024

7 Guidelines for Protecting Outside Workers from Heat

Author: Heather Nezich

There is an excessive heat warning this week in Michigan, and ensuring the safety and well-being of employees working outdoors is a critical responsibility for employers. Heat-related illnesses, such as heat exhaustion and heat stroke, can pose serious health risks. To protect outside workers from the heat, employers must implement comprehensive strategies that address hydration, acclimatization, work schedules, protective clothing, and training.

If Marijuana is Reclassified, What Jobs Might It Impact?

28 May 2024

If Marijuana is Reclassified, What Jobs Might It Impact?

Author: Michael Burns

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...
OSHA Issues Rule Allowing Unaffiliated Third Parties Access to Private Employer Workplaces

2 April 2024

OSHA Issues Rule Allowing Unaffiliated Third Parties Access to Private Employer Workplaces

Author: Michael Burns

On Friday, the Occupational Safety and Health Agency (OSHA) issued final “walk around” rules that will allow persons such as union representatives/activists or other third parties to accompany OSHA Inspectors into non-union workplaces (onto private property) to walk with them during safety inspections. “The new rules give the employer and the employee the right to authorize a representative to accompany the OSHA official during a workplace inspection.” The final rule...
What Employers Need to Know About the Latest CDC COVID-19 Guidance

26 March 2024

What Employers Need to Know About the Latest CDC COVID-19 Guidance

Author: Heather Nezich

It's been almost exactly four years since the onset of the COVID-19 pandemic reshaped the American work environment. Over this period, the Centers for Disease Control and Prevention (CDC) has provided crucial guidance, navigating us through various stages of precautionary measures, from mask mandates to their relaxation and vice versa. On March 1, 2024, the CDC introduced a significant alteration to its isolation recommendations for individuals infected with COVID-19.
1 in 4 Employees Have Witnessed Workplace Violence

30 January 2024

1 in 4 Employees Have Witnessed Workplace Violence

Author: Heather Nezich

Traliant, an innovator in online compliance training and ASE partner, announced its new workplace report, Fear Factors: A 2024 Employee Survey Report on Workplace Violence, Harassment, and Mental Health. Compiled from a survey of over 1,000 employees in the U.S., the study assesses the reality of how employees are experiencing workplace violence, misconduct, and mental health in the workplace. Most notably, the survey revealed almost 1 in 4 respondents have witnessed workplace violence...
To Test or Not to Test for Marijuana

24 October 2023

To Test or Not to Test for Marijuana

Author: Susan Chance

Now that marijuana has been legalized for recreational use in Michigan and 23 other states and all 50 states have legalized some form of use – from CBD oil only to medical marijuana to fully legalizing use – employers are wondering if they should continue to have applicants/employees submit to drug tests.

The Vital Role of a Hearing Conservation Program

10 October 2023

The Vital Role of a Hearing Conservation Program

Author: Linda Olejniczak

Michigan, with its bustling automotive, manufacturing, and construction sectors, has a significant portion of its workforce exposed to high noise levels. A Hearing Conservation Program (HCP) is a crucial tool for employers to protect their workforce from noise-induced hearing loss (NIHL) and ensure a safe, productive work environment.

Managing Employee Substance Use: Drug Testing, Training, and Liability in a Changing Legal Landscape

1 August 2023

Managing Employee Substance Use: Drug Testing, Training, and Liability in a Changing Legal Landscape

Author: Susan Chance

Are your employees and managers using marijuana on the job? With more and more locations making marijuana use legal for medical and/or recreational use, it is quite possible. In fact, in one article by the Wall Street Journal, an employee admitted to not only smoking marijuana on the job and in front of his boss, but also to sharing it with his boss.

Are Allergies Affecting Employee Productivity?

30 May 2023

Are Allergies Affecting Employee Productivity?

Author: Anthony Kaylin

Allergies seem to be at a peak this year.  Pollen season has started earlier and earlier in the past years, especially exacerbated by the mild winters.  Generally, allergy season is April to June, but it continues to start earlier and end later.  A study published in the Journal Proceedings of the National Academy of Sciences in 2021 found that the North American pollen season starts earlier and lasts longer than it did in 1990, with higher concentrations of pollen. Not good...
Equipping Managers to Deal with Employee Mental Health Issues

23 May 2023

Equipping Managers to Deal with Employee Mental Health Issues

Author: Linda Olejniczak

Recognizing when an employee is experiencing a mental health crisis can be challenging, as employees may not always feel comfortable disclosing their mental health concerns. However, there are some signs and symptoms that employers and managers can look out for.

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