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Mandated Topic Posts

Pertinent Information of Employment

posted Sep 22, 2011, 11:17 AM by mcmc@modoccoe.k12.ca.us   [ updated Aug 7, 2014, 4:15 PM by Sonya Murphy ]

To:        Modoc County Office of Education Staff

From:    Tim Hoff, HR Director (233-7168) thoff@modoccoe.k12.ca.us

Re:         Truncated version of Annual Mandated Topics/Pertinent Information of Employment

(All topics listed below are thoroughly explained within association handbooks, and
specific topics are linked on the MCOE website under Human Resource Dept.).

Alcohol/Drug Free Workplace

  • Distribution, dispensing, possession, or being under the influence of any alcoholic beverage
    or controlled substance is prohibited.
  • Use of any tobacco product while on school grounds is prohibited.
  • Prescription medication requires the employee to take precaution and use good judgment
    in determining if s/he can function properly at work while on such medication.

Child Abuse Reporting

  • Reasonable suspicion of child/student abuse (physical, sexual, emotional, etc.) requires the employee to report ASAP by phone to Child Protective Service (and) within 36 hours of reporting the alleged abuse, complete and send in the written report form (consult school secretaries for the form). Failure to report suspected abuse accrues substantial liabilities.  Important phone contacts are provided below:
                      
   Modoc  Siskiyou
 CPS  530-233-6501  530-842-7388
 Sheriff’s Dept.   530-233-6266  530-964-2394
 530-233-4416  530-842-4141
 Police Dept.  530-233-2011  530-667-5284
  

Harassment Allegations

  • DO NOT vocalize any statement(s)/comment(s), posture any stance via gesturing, or display any material(s) that could be perceived (to any degree) by another individual as harassment.

First Aid Claims

  • The extent/degree of a work related injury (as reported by employee) will be determined by the attending physician or nurse practitioner.

“Any one time treatment, and any follow-up visit for the purpose of observation of minor scratches, cuts, burns, splinters, or other minor industrial injury, which does not ordinarily require medical care. This one-time treatment, and follow up visit for the purpose of observation, is considered first-aid even though provided by a physician or registered professional personnel.” – Keenan Associates.

 
Worker’s Compensation
  • Definition: Any injury/illness occurring at or caused on-the-job.
  • When to Report: Immediately. Call MCOE Human Resource Administrative Assistant @ 233-7103 and complete the necessary forms as indicated.
  • Possible Benefits: Medical care, replace lost wages (generally 2/3 of average weekly wage), permanent disability, rehabilitation services, death benefits.

Uniform Complaint Policy

  • Any employee may file a written complaint with the Assistant Superintendent. The
    complaint should be submitted ASAP but no later than 6 months from the alleged
    occurrence. The Assistant Superintendent will investigate and respond within 60 days of
    receipt of compliant.

Volunteers

  • All MCOE classroom volunteers must first be fingerprinted before clearance can be obtained to serve as either a teaching volunteer or an instructional assistant volunteer. A record check will be made by local law enforcement and/or DOJ.

Evaluation Procedures

  • MCTA: Employees who are new hires or who have worked less than two consecutive years for MCOE will be evaluated each year. Employees who have worked consecutively for MCOE for three or more years will be evaluated every other year or earlier at the discretion of management.
  • CSEA: Probationary employees are evaluated once every six months. Permanent employees may be evaluated annually or every other year pending the decision of management.
  • Central Office Staff: Evaluations are conducted annually or every other year pending the decision of management.
 
Health/Safety Modules
  • All MCOE employees are required via the IIPP insurance broker, Keenan, to complete yearly assigned computer modules (listed below) for employee awareness of safety and wellness while at work. The modules are located via the website: http://modoccoe.keenan.safeschools.com/login
  • Your user name and password are your last 4 digits of social security number followed by the first letter of your last name (e.g., 1234H). 
  • To obtain certification of completion, the employee will listen to the presentation of each module, take and pass the quiz associated with the module, print their certificate and submit their certificate to Sonya Murphy, Human Resource Administrative Assistant for supervisor’s signature and placement in the employee’s personnel file.
  • Modules: General Ethics in the workplace= 24 minutes; Slips, Trips, & Falls (refresher) = 20 minutes; Bloodborne Pathogens Prevention (refresher) = 15 minutes; Hazar Communication = 26 minutes; Stress Management = 29 minutes. Completion of the seven modules is required by December 19. 2014.

Dress Code

MCOE employees, who interface frequently with the public, should give extra consideration to the appropriateness of their appearance and overall apparel when reporting to work.  Appearance and attire should make a proper impression to the public. Neatness and  cleanliness are expected. Apparel worn must not cause a distraction to others or create an unsafe situation; applying common sense is mandatory in all job classifications.

Employee Conduct

  • As an MCOE employee you are expected to be reliable & punctual, illustrate professional etiquette at all times, follow rules of proper conduct without deviation, and be determined to meet every objective/directive of your immediate supervisor. Inappropriate and/or unprofessional behavior will result in disciplinary procedures as delineated in the Educational Code 44932, 44933, 45116 and/or Superintendent Policy and CSEA agreement.
Minimum Day
Two types of minimum days exist for employees working within school districts/sites.
  1. A minimum school day that precedes a major holiday which is observed by your school district or site: Employees are dismissed when students and teachers leave and are not required to make up the time.
  2. A minimum day observed by your school district or site for the purposes of teacher parent conference dates: Employees are required to complete their assigned work hours either on that day or make up the hours with their supervising teacher no later than two weeks from the date of the teacher-parent conference (form attached).

Material Safety Data Sheets (located on MCOE website under HR Dept.)

The Hazard Communication Program provides awareness and detailed information to employees concerning specific chemicals used or contained within their working environment. Modoc COE Hazardous Materials Inventory are site/location specific and are accessible via http://modoccoe.keenan.schoolmsds.com
 

Injury/Illness Prevention Program (located on MCOE website under HR Dept.)

The Injury/Illness Prevention Program is designed to cultivate and maintain a culture of safety for all COE employees. It is intended to:
  1. ensure a safe working environment for employees via semi-annual supervisor inspections, 
  2. decrease potential disease, illness, injury and harmful exposures while at work, 
  3. reduce workers’ compensation claims, and
  4. circumvent costly penalties associated with non-compliance of Health and Safety Codes.

The Bloodborne Pathogen Program seeks to inform employees of the risks of Occupational Exposure (i.e., contact with blood or Other Potential Infectious Materials – OPIM). All bodily fluids are to be considered infectious, and therefore precautionary measures (i.e., wearing gloves, using disinfectant wipes, using a face shield, accessing bloodborne kits to clean up the fluids/materials,) are required of COE employees when encountering such fluids/materials. Employees who have endured an exposure incident (i.e., where blood or OPIM have entered the employee through a cut in the skin, in their eye, through their mucous membrane, etc.) must report the incident to their supervisor or MCOE ASAP, seek medical treatment ASAP, and complete Post Exposure Follow-Up Report (p. 20 – attached and accessible via MCOE website) and submit to the HR Dept. Indicate acceptance or declination of Hepatitis B vaccination (forms attached) submit signed form to HR Dept. ASAP once decision is made.

Sexual Harassment

posted Sep 22, 2011, 10:55 AM by mcmc@modoccoe.k12.ca.us   [ updated Sep 27, 2011, 2:49 PM ]

To:        MCTA/CSEA Unit Members & Central Office Staff

From:    Tim Hoff, HR Director (233-7168) thoff@modoccoe.k12.ca.us

Sexual Harassment

The Facts About Sexual Harassment

The Fair Employment and Housing Act (FEHA) defines sexual harassment as harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnan­cy, childbirth, or related medical conditions. The definition of sexual harassment includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser. The following is a partial list of types of sexual harassment:

o    Unwanted sexual advances

o    Offering employment benefits in exchange for sexual favors

o    Actual or threatened retaliation

o     Leering; making sexual gestures; or displaying  sexually suggestive objects, pictures, cartoons, or posters

o     Making or using derogatory comments, epithets, slurs, or jokes

o     Sexual comments including graphic com­ments about an individual's body; sexu­ally degrading words used to describe an individual; or suggestive or obscene letters, notes, or invitations

o     Physical touching or assault, as well as impeding or blocking movements

Employers' Obligations

All employers must take the following actions against harassment:

  •  Take all reasonable steps to prevent discrimination and harassment from occurring. If harassment does occur, take effective action to stop any further harassment and to correct any effects of the harassment.
  • Develop and implement a sexual harass­ment prevention policy with a procedure for employees to make complaints and for the employer to investigate complaints. Policies should include provisions to: Fully inform the complainant of his/her rights and any obligations to se­cure those rights.
  • Fully and effectively investigate. The inves­tigation must be thorough, objective, and complete. Anyone with information re­garding the matter should be interviewed. A determination must be made and the re­sults communicated to the complainant, to the alleged harasser and, as appropriate, to all others directly concerned.  
  • Take prompt and effective corrective action if the harassment allegations are proven. The employer must take appropri­ate action to stop the harassment and en­sure it will not continue. The employer must also communicate to the complainant that action has been taken to stop the harassment from recurring. Finally, appropriate steps must be taken to remedy the complainant's damages, if any. 
  •  Post the Department of Fair Employment and Housing (DFEH) employment poster (DFEH - 162) in the workplace (available through the DFEH publications line [916] 478-7201 or Web site).
  •  Distribute an information sheet on sexual harassment to all employees. An employer may either distribute this pamphlet (DFEH 185) or develop an equivalent document that meets the requirements of Government Code section 12950(b). This pamphlet may be duplicated in any quantity. However, this pamphlet is not to be used in place of a sexual harassment prevention policy, which all employers are required to have.
  • All employees should be made aware of the seriousness of violations of the sexual harassment policy and must be cautioned against using peer pressure to discourage harassment victims from complaining.
  • Employers who do business in California and employ 50 or more part-time or full-time employees must provide at least two hours of sexual harassment training every two years to each supervisory employee and to all new supervisory employees within six months of their assumption of a supervisory position. 
  • A program to eliminate sexual harassment from the workplace is not only required by law, but is the most practical way for an employer to avoid or limit liability if harassment should occur despite preventive efforts.

Employer Liability

All employers, regardless of the number of employees, are covered by the harassment section of the FEHA. Employers are generally liable for harassment by their supervisors or agents. Harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassing an employee or coworker or for aiding and abetting harassment.

Additionally, the law requires employers to take "all reasonable steps to prevent harassment from occurring." If an employer has failed to take such preventive measures, that employer can be held li­able for the harassment. A victim may be entitled to damages, even though no employment opportunity has been denied and there is no actual loss of pay or benefits.

In addition, if an employer knows or should have known that a non-employee (e.g. client or custom­er) has sexually harassed an employee, applicant, or person providing services for the employer and fails to take immediate and appropriate corrective ac­tion, the employer may be held liable for the actions of the non-employee.

An employer might avoid liability if

·         the harasser is not in a position of authority,

  •  such as a lead, supervisor, manager or agent;
  •  the employer had no knowledge of the harassment;
  •  there was a program to prevent harassment; and
  •  once aware of any harassment, the employer took immediate and appropriate corrective action to stop the harassment.

Filing a Complaint

Employees or job applicants who believe that they have been sexually harassed may file a complaint of discrimination with DFEH within one year of the harassment.

DFEH serves as a neutral fact-finder and attempts to help the parties voluntarily resolve disputes.

If DFEH finds sufficient evidence to establish that dis­crimination occurred and settlement efforts fail, the Department may file a formal accusation. The accusa­tion will lead to either a public hearing before the Fair Employment and Housing Commission or a lawsuit filed by DFEH on behalf of the complaining party.

If the Commission finds that discrimination has oc­curred, it can order remedies including:

·    Fines or damages for emotional distress from each employer or person found to have violated the law

·    Hiring or reinstatement

·    Back pay or promotion

·      Changes in the policies or practices of the involved employer

 

Employees can also pursue the matter through a private lawsuit in civil court after a complaint has been filed with DFEH and a Right-to-Sue Notice has been issued.

For more information, see publication DFEH-159 "Guide for Complainants and Respondents."

  

For more information, contact DFEH toll free at
(800) 884-1684

Sacramento area & out-of-state at (916) 478-7200

TTY number at (800) 700-2320

or visit our Web site at www.dfeh.ca.gov

In accordance with the California Government Code and
ADA requirements, this publication can be made available
in Braille, large print. computer disk, or tape cassette as
a disability-related reasonable accommodation for an
individual with a disability. To discuss how to receive a copy
of this publication in an alternative format, please contact
DFEH at the numbers above.

 

State of California
Department of Fair Employment & Housing

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