In addition to your general employee training, there may be specific training obligations that are mandatory at a state, county, and/or federal level. Let’s look at what some of those required training programs might be.
Health Insurance Portability and Accountability Act (HIPAA) Training –
Because of the nature of your business, you may have obligations to conduct HIPAA training for anyone who has access to Personal Health Information (PHI). This training is required for all new employees and should be provided within the first few weeks of employment. Periodical training should be provided at least annually, but a shorter timeframe would help responsible employees maintain an awareness of new threats and potential security breaches. Training should also be provided when there is a change in working policies and processes within your organization or as the Department of Health and Human Services, or other agency you may be obligated to, updates their standards. Click to https://www.hhs.gov/hipaa/for-professionals/security/laws-regulations/index.html for more information on HIPAA.
Occupational Safety & Health Administration (OSHA) Training –
OSHA standards require that employers maintain or improve workplace conditions to protect employees. OSHA training requirements for general workplace safety include, emergency planning, hazardous material, personal protection equipment (PPE), etc. Training may also be required that is industry specific. Click to https://www.osha.gov/Publications/osha2254.pdf to download OSHA’s training book that outlines required training protocol.
In addition to federal OSHA training, some states may have requirements for specific safety training. The below states have their own OSHA plans and requirements. Be sure to check with your state to see what their training requirements are.
- New Mexico
- North Carolina
- Puerto Rico
- South Carolina
In addition, the below states have enacted mandatory COVID-19 training…
- Maine (Retail only)
- New Hampshire
- New Mexico
- New York
- Rhode Island
- Virginia, and
Harassment/Sexual Harassment Training –
Definition of Harassment according to the Equal Employment Opportunity Commission (EEOC):
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Click here to read more.
Definition of Sexual Harassment according to the Equal Employment Opportunity Commission (EEOC):
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Click here to read more.
While there is not currently a federal requirement for companies to provide harassment/sexual harassment training, some states require annual sexual harassment training. Even though not required in all states, it is a recommended practice that you conduct annual sexual harassment training because it can provide a defense for the company should you be sued for discrimination.
Click here to see a state chart of required training.
EAF members have access to free harassment training through our Online University and Training Kits. We also have Training Kits that are specific to California requirements. LOGIN to the member’s only website to access.
Additional Training –
Although not required by law, it is highly recommended that supervisors and managers be trained on various employment laws such as Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA) and Americans with Disabilities Act (ADA), as well as discrimination laws. It’s also important to conduct supervisor and manager training on your policies…especially drug testing, harassment, etc. Supervisors and managers can be held personally liable for violations of some employment laws so training is key in avoiding fines for the organization and members of management.
It’s always in the best interest of an organization to provide additional training to all employees, particularly supervisors and managers. This training can include:
- Career Planning
- Drug-Free Workplace
- Motivation & Recognition
- Team Building
- Workplace Violence
Check out this article from ADP for a list of recommended training.
Contact EAF for your training needs. Most of our programs can be presented in a virtual format for your convenience. Members receive preferred pricing on all EAF training programs. Download our Training Brochure here.
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