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Ships backed up outside US ports pumping out pollutants as they idle

15/10/2021 Comments Off

Supply chain crisisShips backed up outside US ports pumping out pollutants as they idleThe Ports of Long Beach and Los Angeles, two of the nation’s busiest, create more than 100 tons a day of smog that choke local communities Gabrielle Canon in Los Angeles@GabrielleCanonFri 15 Oct 2021 07.05 EDTLast modified on Fri 15 Oct 2021 07.07 EDTDozens of behemoth cargo ships adorned with tall stacks of brightly colored containers still dot the coastline off southern California. Part of a shipping bottleneck plaguing US ports, the ships – their diesel-fueled engines always ablaze – are also pumping out pollutants as they idle, anchored off-shore.The clogged supply chain has been described as an economic calamity as the delayed cargo caused shortages in common goods and drove consumer prices higher. But environmentalists and public health advocates are concerned it’s also turning into a climate catastrophe.The container ships awaiting entry are compounding the levels of contaminants that have long come from the ports and that impact the local environment, coastal communities and ambitious carbon targets needed to curb the worst effects of climate change. With the holiday shopping frenzy just around the corner, there are now concerns the problem may get worse before it gets better.“The conversation right now is really focused on supply chain backlog and refilling the shelves with products – but that’s not the whole story,” said Madeline Rose, the climate campaign director for Pacific Environment, a climate advocacy organization that has …

Privacy fears as Moscow metro rolls out facial recognition pay system

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RussiaPrivacy fears as Moscow metro rolls out facial recognition pay systemCampaigners say Face Pay, launched in over 240 stations, is ‘dangerous step’ in efforts to control population Pjotr Sauer in MoscowFri 15 Oct 2021 06.53 EDTLast modified on Fri 15 Oct 2021 11.12 EDTThe Moscow metro has rolled out what authorities have lauded as the world’s first mass-scale facial recognition payment system, amid privacy concerns over the new technology.The cashless, cardless and phoneless system, named Face Pay, launched at more than 240 stations across the Russian capital on Friday.“Now all the passengers will be able to pay for travel without taking out their phone, metro or bank card,” the Moscow mayor, Sergey Sobyanin, tweeted on Thursday evening.To activate Face Pay, Sobyanin said, passengers will need to connect their photo, bank card and metro card to the service through the metro’s mobile app. “It will be enough just to look at the camera to pass through the turnstiles,” Sobyanin said.The Moscow authorities, who expect up to 15% of metro passengers will use Face Pay regularly in the next three years, said the system would quicken the flow of people, particularly at busy times.“Moscow is the first in the world to introduce Face Pay on such a scale. The technology is new and very complex, we will continue to work on improving it,” the mayor added.Authorities have said passengers’ data will be “securely encrypted”, saying the information collected will be stored in data …

‘We are not machines’: Hollywood workers poised to strike for better conditions

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US unions‘We are not machines’: Hollywood workers poised to strike for better conditionsUnion leaders say a strike will start Monday if there is no deal with studios as workers describe low pay and grueling days without breaks Michael SainatoFri 15 Oct 2021 05.00 EDTLast modified on Fri 15 Oct 2021 12.55 EDTAt the start of the pandemic, Hollywood productions abruptly shut down, leaving many workers out of work before things began to resume with Covid-19 safety protocols in place.Since then, workers in Hollywood say they have worked long schedules and endured increased workloads, including staggering work because of social distancing; wearing and distributing personal protective equipment through long work days; and regularly getting tested for Covid-19.“We were working at breakneck speeds, and that was something that was supposed to have changed. We were supposed to have the time we needed to work in that kind of environment,” said Mike Loomer, a set dresser in Hollywood and International Alliance of Theatrical Stage Employees (IATSE) Local 44 member.“The only thing that changed is what we had to endure to make the product that they had to have to get out for the public to see.”Studios will again go quiet around the US as IATSE leaders say its 60,000 members will go on strike from 12.01 PT on Monday if a deal is not reached with employers. It would be the first such national strike since the IATSE was formed 128 years ago.Members of …

UK Poised to Expand Workplace PPE Obligations

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Employers in the United Kingdom that require personal protective equipment (PPE) on the jobsite will need to supply the health and safety gear to a broader worker population under proposed changes to the country’s 1992 law governing PPE in the workplace. The change may affect small and medium-sized employers more than large employers, legal experts predict.Companies providing PPE such as safety helmets, boots, goggles, gloves and face masks to employees will have to broaden PPE distribution to contractors.Under the Personal Protective Equipment at Work 1992 Regulations, employers have had to provide PPE only to their employees. The proposed amendments would extend the obligation to “limb (b) workers,” a U.K. worker category describing self-employed “dependent contractors” who personally provide services to other businesses. In describing a limb (b) worker, the government used the example of “Penny,” a private-hire driver working casually for “Acme Driver.” Penny can refuse work if she wants and must perform it herself if she decides to drive a customer; passengers pay Acme rather than Penny. In the U.K., individuals classified as workers generally enjoy certain rights and benefits not available to independent contractors, although fewer than full employees. The U.K.’s Health and Safety Executive in July launched a four-week public consultation on the amendments after the High Court, in a case brought by the Independent Works Union of Great Britain, ruled in 2020 that the government had long failed to properly incorporate certain relevant European Union directives into U.K. law. The amendments will cover England, Scotland and Wales.The regulations define PPE as equipment, including clothing, meant to protect a person at work against risks to their health and safety.”For most employers, the changes to the PPE at Work regulations will involve very little change, as most organizations will likely have already been providing PPE based on the nature of the role itself rather than the status of the person doing it,” said Mark Hamilton, an attorney with Dentons in Edinburgh.”Perhaps in the case of employers who largely rely on workers—for example, food delivery companies—it will be a significant logistical and financial commitment having to now provide safety equipment such as helmets to all their workers, where previously they would just have made it a condition of work that one was worn, with the worker having to supply their own,” he said.Potentially Costly ChangesMost large employers already are expected to provide tools, including PPE, to keep people safe, said Tim Hill, an attorney with Eversheds Sutherland in Newcastle, England. Apart from the PPE workplace regulation, U.K. laws for decades have required businesses to look after the health and safety of everyone on their worksites, not only employees, he added.Even before the proposed PPE legal changes, all people working on jobsites should have been provided with the necessary PPE and employers faced legal risk by not supplying it, based on the Health and Safety at Work etc Act 1974, Section 3, he said. That law requires businesses to protect anyone on a worksite from health and safety risks.Gig economy …

Cal/OSHA Modifies Quarantine Rules for Asymptomatic, Unvaccinated Workers

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Without any fanfare, the California Division of Occupational Safety and Health (Cal/OSHA) updated its FAQs for the COVID-19 emergency temporary standards (ETS) on Sept. 21, to incorporate new guidance from the California Department of Public Health (CDPH).Importantly, the CDPH has relaxed its quarantine recommendations for unvaccinated, asymptomatic workers. The ETS, which governs most workplaces in California, requires a 10-day quarantine period in most circumstances. The recent guidance from the CDPH provides an even shorter quarantine option for asymptomatic, unvaccinated employees. Specifically, asymptomatic, unvaccinated employees may now end their quarantine either 10 days after exposure or 7 days after exposure if they test negative. However, the diagnostic specimen has to be collected at least 5 days from the date of exposure to take advantage of this guidance.In its FAQs, Cal/OSHA acknowledged that it is required by Executive Order N-84-20 to defer to CDPH’s quarantine lengths if they are shorter than the exclusion requirements in the ETS. However, Cal/OSHA also noted, if an employer prevents an employee from complying with the shorter quarantine conditions recommended by the CDPH, then the longer quarantine requirements in the ETS will apply. Additional highlights from the new CDPH guidance are below.Isolation for Individuals who Test PositiveThe CDPH recommends a symptom-based strategy for determining the duration of isolation for people with COVID-19 who are symptomatic. Under this strategy, persons with COVID-19 who have symptoms and were instructed to care for themselves at home may discontinue self-isolation if all the following conditions are met:At least 10 days have passed since symptom onset.At least 24 hours have passed since the resolution of fever without the use of fever-reducing medications.Other symptoms have improved.For persons with COVID-19 who do not have any symptoms, the CDPH recommends they self-isolate at least 10 days from the date of the first positive COVID-19 diagnostic test. If they develop symptoms during this time, the standard for symptomatic individuals above will apply instead.Quarantine for Unvaccinated PersonsThe CDPH recommends that unvaccinated persons who have had close contact with someone suspected or confirmed to have COVID-19 get tested and self-quarantine. Close contacts that remain asymptomatic may discontinue self-quarantine under the following conditions:Quarantine can end after day 10 from the date of last exposure without testing.Quarantine can end after Day 7 if a diagnostic specimen is collected on day 5 or later from the date of exposure and the test is negative.In addition to the conditions above, during the 14 days after exposure, the close contact should continue monitoring their symptoms, wear a mask when around others, wash their hands, avoid groups, and stay at least six feet from others. If the person develops symptoms within 14 days of exposure, they should self-isolate immediately and get tested.Quarantine for Vaccinated PersonsUnder the CDPH guidance, the exposed person does not have to quarantine if they are fully vaccinated before the exposure and have not developed symptoms. Similarly, if an exposed person tested positive for COVID-19 before their recent exposure and (1) it has been less than 3 months since they started having symptoms from their prior infection and (2) they have not …

DOL Proposes Rule to Remove Barriers to ESG Funds in Retirement Plans

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The U.S. Department of Labor (DOL) has proposed removing barriers put in place by the prior administration that would have limited plan fiduciaries’ ability to consider climate change and other environmental, social and governance (ESG) issues as risk factors affecting workers’ financial security when fiduciaries select retirement plan investments and exercise shareholder proxy voting rights.The proposed rule, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, would apply to investments included in 401(k) and other defined contribution plans, as well as to defined benefit pension plans. The proposal, published in the Federal Register on Oct. 14, follows an executive order signed in May by President Joe Biden directing the federal government to treat climate change as a threat to workers’ retirement savings.In 2020, the administration of former President Donald Trump had issued a final rule, subsequently blocked by the Biden administration, that would have required sponsors of investment-based employee plans to strictly apply the fiduciary duties of prudence under the Employee Retirement Income Security Act (ERISA) when considering plan investments that promote nonfinancial objectives, such as reducing carbon emissions. A separate Trump administration final rule would have barred retirement plan fiduciaries from casting corporate-shareholder proxy votes in favor of social or political positions that don’t advance the financial interests of retirement plan participants.Duties of Prudence and LoyaltyUnder the Biden administration, the DOL takes the position that ESG factors, and climate change issues in particular, pose financial risks that plan sponsors should consider as prudent fiduciaries.According to a DOL fact sheet, the proposed rule “retains the core principle that the duties of prudence and loyalty require ERISA plan fiduciaries to focus on material risk-return factors and not subordinate the interests of participants and beneficiaries (such as by sacrificing investment returns or taking on additional investment risk) to objectives unrelated to the provision of benefits under the plan,” a position similar to the prior guidance.The proposed rule, however, also “addresses the [DOL’s] concern that the 2020 [Trump administration] rules have created uncertainty and are having the undesirable effect of discouraging ERISA fiduciaries’ consideration of climate change and other ESG factors in investment decisions, even in cases when it is in the financial interest of plans to take such considerations into account.”Acting Assistant Secretary for the Employee Benefits Security Administration Ali Khawar said the new proposal “will bolster the resilience of workers’ retirement savings and pensions by removing the artificial impediments—and chilling effect on environmental, social and governance investments—caused by the prior administration’s rules.” He added, “A principal idea underlying the proposal is that climate change and other ESG factors can be financially material and when they are, considering them will inevitably lead to better long-term risk-adjusted returns, protecting the retirement savings of America’s workers.”ESG Default InvestmentsThe proposal also reverses the prior rule’s prohibition on using ESG funds as qualified default investment alternatives (QDIAs), which are types of mutual funds that plan sponsors can select as the default option in automatic enrollment 401(k)-type defined contribution plans.QDIAs can be target-date retirement funds, which …

Ask HR: How Can Restaurant Owners Attract and Keep Good Workers?

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SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.Do you have an HR or work-related question you’d like him to answer? Submit it here.As a restaurant owner, I have struggled to maintain staff since the COVID-19 pandemic hit. In the past, I have tended to hire minimum wage workers. Should I raise wages to keep my best workers? What else can I offer besides cash to attract and keep good workers? —Wendell Johnny C. Taylor, Jr.: In a “normal” environment, finding and keeping good employees is challenging. Doing so during a pandemic and in a labor-intensive, public-facing industry is an even greater feat. But before raising salaries, take a moment to assess your circumstances from a broader perspective. A recent survey highlights some of the steps employers are taking to attract and retain workers in today’s ultracompetitive talent market:57 percent are offering referral bonuses.55 percent are hiring external or temporary workers.44 percent are upskilling and reskilling staff.43 percent are boosting pay.Referral bonuses incentivize your current employees while providing businesses with quality leads to other good workers. Hiring external or temporary workers can be a short-term solution to attract workers not yet ready or available for a long-term commitment. Since much learning on the job occurs through trial and error, it may be helpful and meaningful for your more experienced staff to mentor new and less-experienced workers. Having a structured mentorship program can help guide and teach new and less-experienced workers the ropes of the business, particularly for those who are looking to progress in a hospitality or culinary career. Supporting worker training and offering tuition reimbursement could also help with upskilling or reskilling staff. Consider partnering with local culinary institutes and colleges to highlight available training and education. Tuition reimbursement programs often require employees to attain a certain grade and remain with the employer for a specified term after completion of the training or degree. Enhancing health and safety protocols can help alleviate workers’ COVID-19 health concerns. Offering paid sick leave can reduce pressure on workers to earn money when they feel ill. It can also help minimize workplace transmission of viruses. Taking additional steps to supply personal protection equipment helps staff and guests adhere to safety protocols. You are intimately familiar with how COVID-19 has impacted your business. You may be less familiar, however, with how COVID-19 has complicated workers’ lives. For many workers, the upending of schooling, health care and transportation has intensified competing demands on their time and jeopardized their livelihoods. In response, many employees are seeking greater flexibility in their work. In a real sense, employees are your first customers. How you accommodate them translates to the service they provide your guests. Don’t underestimate the impact of workplace culture. Workers tend to thrive in workplace cultures that match their values and personas. Before you commit to making investments that will impact your bottom line, remember it doesn’t cost anything to listen. Be flexible with …

Using Technology to Prepare Workforce for Post-Pandemic Times

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As the COVID-19 pandemic ebbs in India and companies prepare models for a hybrid work environment, they are looking to technology to find ways to keep a distributed workforce productive and connected. How technology has already helped in this and how else HR can put it to good use, were among the topics discussed by more than 120 speakers at the SHRM Tech 21virtual conference held by SHRM India last month.Here’s a look at a few key takeaways from the event.What CEOs Want from HR TodayThe pandemic has wrought huge change for organizations, and more change is in the cards as organizations prepare for post-pandemic times. HR can help prepare for that. “Readying the workforce for what might seem to be a very different world as we emerge from this crisis—that will be my biggest ask from HR,” said Nitin Rakesh, chief executive officer of Mphasis, an information technology-services and solutions provider in New York City.Rakesh said that organizations increasingly have new demands from employees, which means that employees need to constantly keep upgrading their skills to meet those demands. The need for upgrading roles and technological skills is not only true for Mphasis because it’s in the IT sector but also true for all companies—be they in finance or media.”Whether we know it or not, every business is a technology business today,” Rakesh said. Three-Point Approach to Support Business Growth To make an organization ready for change, Souvik Maity, employee experience & operations manager at consumer goods company Unilever in Mumbai, suggested a three-point approach. “First thing as human resources we can do is to source people who can interpret these changes that are happening presently,” Maity said. In the consumer goods industry, for instance, he said consumer behavior and buying patterns are changing. So the key would be to hire talent that can identify such trends. Once these employees are on board, the organization needs to supply them with platforms, skills and opportunities that enable them to influence the ongoing changes, in ways that favor their organization.Finally, HR should try to create an environment where its employees can influence trends that may come up in the future. “If we, as HR, are able to drive these three priorities, then I think making an organization agile—ensuring business growth—becomes easy,” Maity said. He said technology provides tools to accomplish all of these priorities. It can help identify the right talent by sifting through tens of thousands of resumes and also provide platforms for employees to become influencers.For Future Workforce, Think ‘Personas’ One big change that organizations can expect is in talent management, starting with work profiles.”Role is something that I’m starting to get concerned about. … Is there going to be a role 10 years down the line?” said Kalpana Bansal, vice president (domain head—HR platform) at conglomerate Reliance Industries Ltd in Mahrashtra. Bansal said that it’s possible that in the future there are only “value creators” who don’t fit any role or organizational structure and come in to build …

DOL Sues Over Firing for E-Mail Allegedly Sharing Coronavirus Concerns

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The U.S. Department of Labor (DOL) has filed suit against an Austin, Texas, car dealer for firing an employee who warned managers and other co-workers in an all-staff e-mail about potential coronavirus hazards in the workplace. We’ve gathered articles on the news from SHRM Online and other outlets.Violation of OSH Act ClaimedIn an Oct. 13 news release about the lawsuit, the DOL maintained that the car dealer violated the Occupational Safety and Health (OSH) Act by retaliating against the worker in December 2020. After learning a co-worker had tested positive for the coronavirus, the employee asked management to notify colleagues immediately of their risk of exposure, according to the DOL. When management allegedly did not act, the employee sent an e-mail to all company employees about the potential hazards. Less than an hour later, he was fired. An attorney for the car dealer declined to comment on the case.(DOL)Employee’s E-Mail”It has come to my attention that an employee has tested positive for COVID-19,” the worker said in his e-mail to staff. “I feel it is important to inform all employees of the current situation.” In firing him, the defendant claimed the whistleblower had identified the employee with COVID-19, which the DOL said he hadn’t done, and the defendant allegedly told him “his only job was to fix cars.” “This employee acted out of real concern for their safety and that of their co-workers, and their actions are protected under federal law,” said John Rainwater, the DOL’s regional solicitor of labor in Dallas.(Business Insider) Compensatory and Punitive Damages SoughtIn the DOL’s filing in the U.S. District Court for the Western District of Texas, Austin Division, the department sought reinstatement for the worker, lost wages and benefits due to the firing, reimbursement for costs and expenses, compensatory damages and punitive damages.(Insurance Journal)COVID-19 Litigation Targets Health Care IndustryThe health care industry is the hardest hit by COVID-19 employment litigation, according to Fisher Phillips’ COVID-19 Employment Litigation Tracker. As of the beginning of June, more than one in five of every pandemic-related lawsuits filed across the country had been filed against health care employers: 540 out of more than 2,400 cases. The total number of cases has since risen to 3,690. Of those claims, whistleblower retaliation lawsuits are the most common type brought against health care employers.(Fisher Phillips) OSHA Cited Employer for COVID-19 Safety Violations After Worker’s DeathA national auto insurance company is facing $23,406 in proposed penalties after investigators found that a Colorado branch ignored pandemic-related safety rules and “needlessly exposed” employees to co-workers with COVID-19 symptoms, according to the Occupational Safety and Health Administration (OSHA). OSHA initiated an investigation on April 21 after receiving a complaint about unsafe working conditions and an employee’s COVID-19-related death. The company did not respond to a request for comment.(SHRM Online) …

Boeing pilot indicted for allegedly deceiving US regulators over 737 Max

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BoeingBoeing pilot indicted for allegedly deceiving US regulators over 737 MaxMark A Forkner accused of giving FAA false information about flight-control system in plane that was involved in two crashes Associated PressThu 14 Oct 2021 20.25 EDTA Boeing pilot involved in testing the 737 Max jetliner was indicted on Thursday by a federal grand jury on charges of deceiving safety regulators who were evaluating the plane, which was later involved in two deadly crashes.The indictment accuses Mark A Forkner of giving the Federal Aviation Administration false and incomplete information about an automated flight-control system that played a role in the crashes, which killed 346 people.Prosecutors said that because of Forkner’s “alleged deception”, the system was not mentioned in key FAA documents, pilot manuals or pilot-training material supplied to airlines.The flight-control system automatically pushed down the noses of Max jets that crashed in 2018 in Indonesia, and 2019 in Ethiopia. The pilots tried unsuccessfully to regain control, but both planes went into nosedives minutes after taking off.Most pilots were unaware of the system, called the maneuvering characteristics augmentation system, until after the first crash.Boeing directors to face investor lawsuit over 737 Max fatal crashesRead moreForkner, 49, was charged with two counts of fraud involving aircraft parts in interstate commerce and four counts of wire fraud. Federal prosecutors said he was expected to make his first appearance in court on Friday in Fort Worth, Texas. If …

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