ongoing devasta ng wildﬁ re season - tpm · 5:00 – 7:30 pm recep ... november 1 at 2:00 am....

Human Resources Safety Risk Management Employee Benefi ts Education & Training

Hilton Garden Inn - Missoula 13720 North Reserve Street

Missoula, MT 59808

Please RSVP to TPM

(877) [email protected]

You are cordially invited to come and meet your

TPM Associa on Team.

Learn about the benefi ts of being a TPM

Associa on Member.

Thursday

October 22, 2015 5:00 – 7:30 pm Recep on with Cocktails and Hors d’oeuvres 5:30 pm Staff Introduc ons

Serving the wood products industry since 1916!

October 2015

TPM Member Apprecia on Social 1

Ongoing Devasta ng Wildfi re Season 1

Fatal Occupa onal Injuries in 2014 2

Daylight Saving Time Ends November 1 2

DOL - Grants Awarded to Reduce Misclassifi ca on 3

Protect Your Health: Mammograms 3

TPM U Webinar Series 3

TPM Partnership with Pinnacle Inves ga on 3

Five Steps for Protec ng Your Trade Secrets 4

Holidays and FMLA Leave 5

OR - No Increase to Minimum Wage in 2016 5

Fatal Facts 6

5-Minute Safety Talk: Safety Awareness 7

Featured Member: BMI Contractors, Inc. 8

FRONTLINE: Recruitment & Reten on for the Modern Workforce 10

Counsel’s Corner: Recrea onal Marijuana Now Legal in Oregon 12

Legal Briefi ng: EEOC v. SOCI: Equal Pay 14

Health-Y-Mail 15

Apply Now! It’s Scholarship Time 16

What’s Inside?

Ongoing Devasta ng Wildfi re Season

Celebrating over 95 Years of Continuous Service to the Timber & Wood

Products Industry

TPM Member Apprecia on Social

On September 11th, U.S. Secretary of Agriculture Tom Vilsack stated “This year, we are experiencing yet another devastating wildfi re season, particularly in the drought-ravaged West. Climate change, drought, fuel buildup, insects and disease are increasing the severity of unprecedented wildfi re in America’s forests and rangelands, which impacts the safety of people, homes and communities. USDA works closely with the Department of Interior and Secretary of the Interior Sally Jewell, along with other partners, to deploy the workforce, equipment, and interagency coordination necessary to respond safely and effectively to increasingly severe wildfi re seasons. We are expending in excess of $150 million per week on fi re suppression activities. Well over 26,000 fi refi ghters and support personnel from federal, state and local agencies are deployed, along with 28 next generation and legacy air tankers, and additional aviation assets. We are now working with the U.S. Military and foreign partners, such as Canada, Australia, and New Zealand, to bring in additional resources.”

Vilsack went on to say, “One of our most critical assets in this fi ght is the courageous fi refi ghters who work on the front lines. There are more fi refi ghters on the ground today fi ghting fi res than at any time in the nation’s history. They work nights, weekends and holidays under diffi cult circumstances. While we do everything we can to reduce risk and ensure their safety, our fi refi ghting personnel have been particularly hard hit this year. Seven fi refi ghters lost their lives over the course of this fi re season, and many more have been injured in the line of duty. We mourn for those lost, offer support to their families and loved ones, and pray for the continued recovery of those injured.

“Secretary Jewell and I not only share common concerns for the safety of our fi refi ghting crews, but also share a common goal of restoring resilient forests and protecting against future fi re outbreaks. Over the next few weeks, we anticipate the fi re season will continue to intensify, putting lives and property at risk. As the fi re season endures, we will continue to employ every available resource to protect our nation’s forests, our families and our communities.”

Timber Products Manufacturers Association

The Bulle n is not intended nor designed to off er legal advice. For addi onal informa on about Bulle n topics, please contact TPM. Annual subscrip on price $195. © 2015 TPM - Timber Products Manufacturers Associa on951 East Third Avenue, Spokane, WA 99202Phone: (509) 535-4646Toll Free: (877) 535-4646 Fax: (509) 534-6106 E-mail: [email protected] www. mberassocia on.com

October 2015 2

Fatal Occupa onal Injuries in 2014

Preliminary results from the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries released in mid-September show the rate of fatal work injuries in 2014 was 3.3 per 100,000 full-time workers, the same as the fi nal rate for 2013. While the preliminary total of 4,679 fatal work injuries was an increase of 2 percent over the revised count of 4,585 in 2013, there was also an increase in hours worked in 2014.

U.S. Secretary of Labor Thomas E. Perez issued the following statement: “Far too many people are still killed on the job — 13 workers every day taken from their families tragically and unnecessarily. These numbers underscore the urgent need for employers to provide a safe workplace for their employees as the law requires.

Preliminary results tell us 789 Hispanic workers died on the job in 2014, compared with 817 in 2013. While we were gratifi ed by that drop, the number is still unacceptably high, and it is clear that there is still much more hard work to do.”

Most states participate in daylight saving time. This year, daylight savings ends on Sunday, November 1 at 2:00 am. Those employees working the graveyard shift when Daylight Saving Time ends work an extra hour because the clocks are set back one hour at 2:00 a.m.

ExampleThe scheduled shift starts at 11:00 p.m. and ends at 7:30 a.m. the next day, your employee works an eight-hour shift and receives a 30-minute lunch break.

On the Sunday that Daylight Saving Time ends at 2:00 a.m., the employee works the hour from 1:00 a.m. to 2:00 a.m. twice because at 2:00 a.m. all of the clocks are turned back to 1:00 a.m. Thus, on this day the employee worked 9 hours, even though the schedule only refl ected 8 hours.

The FLSA requires that employees must be credited with all of the hours actually worked. Therefore, if the employee is in a work situation similar to that described in the above example, he or she worked 7 hours on the day that Daylight Saving Time begins and 9 hours on the day that Daylight Saving Time ends. This assumes, of course, that the employee actually worked the scheduled shift as in our example.

Daylight Saving Time Ends November 1

Holy Buckets! Where has the year gone? It is already October and the holidays are right around the corner. Now we begin the hustle and bustle of not only work, but trying to get all of our other tasks completed by the end of the year.

Why do I bring this up? Well, recently I a ended an HR conven on in Portland, Oregon, and I found myself in a very interes ng workshop on medita on. I originally couldn’t believe it, as I fi gured they were going to have all of us on the fl oor cross legged -- hands on knees whispering “hmmmmm.” Well that wasn’t exactly what happened, in fact, quite the opposite.

It was discussed how as a society we are always mul -tasking or using technology 24-7 and never taking me to really stop the noise and focus on one item. Most of the me our desks or computers are loaded with diff erent tasks to complete, and focusing on just one item is nearly impossible. I found it amazing, how just si ng there and taking three deep breathes, could be so refreshing.

Google, Microso , and Intel are now implemen ng medita on during the work day. Employees take fi ve minutes and truly focus on one task. They do this by fi rst taking three deep breaths and then focusing exclusively on the task. This means not answering the phone, email, or le ng the mind wander to another task. At fi rst I thought this would be very easy to do, but quickly found that my mind wandered all over the place. In today’s world, with all the s mula on, staying focused on one simple task can be very diffi cult.

The conclusion of the workshop was that through brief medita on, we can strengthen the frontal cortex of our brain which in turn allows us to control our ini al fi ght or fl ight response which at mes puts us in a reac onary mode. All I can say is

that it really seems to work on bringing me back to the task(s) at hand, even when the email is buzzing on my I-phone. I encourage everyone to try it one or two mes and see what you think.

From the President . . .

Adam Molenda, President


3October 2015

Protect Your Health: Mammograms

DOL - Grants Awarded to Reduce Misclassifi ca on

TPM Partnership with Pinnacle Inves ga ons

TPM U is an educa onal series provided to TPM members free of charge. For more informa on or to register

for one of these classes, please go to the TPM website’s “Members” Tab (h p://www. mberassocia on.com/site/members) or call (877) 535-4646.

Upcoming Schedule of Webinars

Discipline and Documenta on to Protect Your Company

Tuesday, October 20, 2015 10:00 am (PDT)This training will provide insight into the proper use of progressive discipline, the importance of proper and precise documenta on and steps that companies can

take to help employees avoid situa ons of misconduct.

Hiring and FiringTuesday, November 17, 2015 10:00 am (PST)

TPM will cover the basics of comple ng applica ons, interviewing applicants, reference checks as well as

performance evalua ons, progressive discipline and a termina on checklist. This webinar will cover the legal

bases of hiring and fi ring and provide insight into proper procedures for each step along the way.

Is it Winter Yet? Winter Safety TopicsThursday, November 19, 2015 11:00 am (PST)

John Zeman, Safety Specialist, will discuss winter safety topics. Planning for cold weather, preven ng slip and

falls, and controlling other hazards winter weather brings to the Northwest.

Registra on is limited to 25 computers per webinar.

The U.S. Department of Labor (DOL) announced more than $39.3 million in federal grants, awarded on September 22, 2015 to enhance unemployment insurance programs in 45 states and territories, and reduce the misclassifi cation of employees as independent contractors. The funding will help prevent and detect improper benefi t payments, improve program performance, address outdated information technology systems, and combat employee misclassifi cation.

The grants awarded fall into three categories:

Program Integrity and Performance Improvement: Grantees must implement or commit to expand the usage of the State Information Data Exchange System to qualify.

Consortium Projects: Support modernized unemployment insurance information technology systems and to improve overall program quality, performance, and integrity and to reduce costs using a multi-state approach.

Worker Misclassifi cation Grants: Increase the ability of state unemployment insurance tax programs to identify instances where employers improperly classify employees as independent contractors or fail to report the wages paid to workers at all. States will use these grants for a variety of improvements and initiatives, including enhancing employer audit programs and conducting employer education initiatives.

As a benefi t to members, TPM maintains a partnership with Pinnacle Investigations that allows for discounted rates on their background check services. Packages range from $8.00 to $40.00 with additional charges if you want special checks done.

Pinnacle Investigations provides industry leading solutions for all of your background screening and pre-employment needs.

To take advantage of Pinnacle service discounts, call the Pinnacle offi ce at 800-955-5306 and let the representative know that you are part of the TPM Group. You can also visit their website at: http://pinnacleprof.com.

October is National Breast Cancer Awareness month and so, appropriately, October’s Protect Your Health topic is mammograms. A mammogram is an x-ray picture of the breast which can be used to check for breast cancer in both women who show no symptoms of the disease and those whom have had signs or symptoms.

Breast cancer is the most commonly diagnosed cancer in women and the second leading cause of death among women. As with all cancers, breast cancer has the best survival rate when caught early. Mammograms can mean early detection. A screening mammogram is covered in full as a preventive service under your TPM Health Benefi t Plan. Keep in mind that if the mammogram is deemed diagnostic, it will fall under the normal cost sharing of your TPM Health Benefi t Plan. Talk with your doctor to fi nd out more about how your mammogram will be billed.

Early detection, better screening methods and other factors have led to decline in deaths from breast cancer in the past two decades. Let’s continue this trend, please share this information with your employees, family and friends.


October 2015 4

Five Steps for Protec ng Your Trade Secrets

The Coca Cola formula and KFC recipe are two of the most valuable, closely-guarded trade secrets around. But you don’t have to be a large corporation to have highly valuable trade secrets. Information that your business has created in order to function may be trade secrets. Examples of trade secrets include customer lists, supplier lists, pricing and margins, formulas, and other methods of operation. This type of intellectual property (IP) is valuable to you only as long as you keep it secret. Here are some ways that you can protect this highly-valued property.

1. Identify Your Trade SecretsThe defi nition of a trade secret is very broad, encompassing business or technical information such as a compilation of information, device, formula, method, pattern, program, process, technique, or process that has commercial value and which is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Are your assets trade secrets?

For most small businesses, customer and pricing lists are valuable trade secrets in need of protection. If you’re a restaurant, bakery, or microbrewery, your recipes are clearly trade secrets. But you may have some less obvious, but just as valuable, trade secrets. Think about your operations and if competitors knew what you were doing, would they be compromised. Then create a list of your company’s trade secrets.

2. Keep Trade Secrets ConfidentialIdentifi cation is only step one; reasonable efforts for protection are step two. You don’t have to keep your secrets in Fort Knox to protect them; marking them “confi dential” and keeping them out of the public eye is suffi cient because it is reasonable under the circumstances. But merely stamping “confi dential” on a piece of paper won’t protect a trade secret if you don’t treat the paper like a secret worth keeping.

For trade secrets on paper: keep them stored in a locked fi le cabinet

For trade secrets on computer: limit access to the electronic fi les

3. Educate Staff about ProtectionEmployees may not understand what trade secrets mean for your business. It’s up to an owner to point out information deemed confi dential.

When an employee is hired, have him/her sign a nondisclosure agreement barring the sharing of any of the company’s confi dential information while employed with the company and thereafter. You don’t want an employee leaving the company and taking the customer list in order to start a competing fi rm. The nondisclosure agreement can be incorporated in a general employment agreement.

It’s also helpful to remind employees from time to time about the company’s trade secrets and the need for confi dentiality.

4. Understand Law ProtectionsUnlike other types of intellectual property—patents, trademarks, and copyrights—the law does not provide for any registration in order to obtain legal protections for trade secrets. Nonetheless, most states have laws prohibiting theft or disclosure of trade secrets. The laws in most of these states are derived from the Uniform Trade Secrets Act, and courts in many states have adopted the principles in this Act.

5. Take Civil Actions for ViolationsUsually, violations of trade secret laws are civil actions for which violators can be ordered to cease and desist from using the illegally obtained information (injunctive relief) and to pay monetary damages, which usually are all profi ts derived from the trade secrets; they may also have to pay attorneys’ fees for the party owning the trade secrets. Some intentional thefts, such as corporate espionage, may be criminal, resulting in more severe monetary penalties and even incarceration.

When you discover that a competitor is using your trade secrets, act quickly to stop this action. Your prompt response is an indication of your viewing the information as a trade secret of commercial importance to your business.

Unfortunately, you can’t protect yourself against inevitable discovery, where someone independently derives the same information that you consider to be your trade secret. Competitors may “reverse engineer” your secrets, and you’re just out of luck.

From the SBA - By Barbara Weltman


OR - No Increase to Minimum Wage in 2016

5October 2015

Holidays and FMLA Leave

In mid-September, Labor Commissioner Brad Avakian announced that Oregon’s minimum wage will remain $9.25 in 2016.

Each year, Commissioner Avakian calculates the minimum wage by measuring the increase to the Consumer Price Index (CPI), a federal fi gure published by the United States Bureau of Labor Statistics to track prices for a fi xed “market basket” of goods. As Labor Commissioner, Avakian both sets the state’s minimum wage and oversees its enforcement. About 100,000 workers – six percent of the state’s workforce – currently earn the minimum wage and that translates to less than $20,000 a year for fulltime employment.

In 2013, Commissioner Avakian testifi ed before the U.S. Senate’s Health, Education, Labor and Pensions (HELP) Committee in support of Senator Tom Harken’s efforts to boost the federal minimum wage. In 2014, Avakian was the fi rst statewide offi cial to call for a minimum wage increase.

*TPM will keep the membership updated on additional minimum wage information from other states as it is released.

Calculating Family Medical Leave Act (FMLA) leave for employees during the holidays can be challenging. With the holidays just around the corner, now is the time to start thinking about how your holiday leave will coincide with employees exercising their FMLA rights.

When determining the amount of leave used by an employee, FMLA regulations state that the fact a holiday occurs within a full week taken as FMLA leave has no effect; the entire week is counted as a week of FMLA leave.

However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee’s FMLA entitlement unless the employee was scheduled and expected to work during the holiday. In this case, when determining the amount of an employee’s FMLA leave, the employer would “count” only those hours that the employee would have worked but for the FMLA leave.

If for some reason the employer’s business activity has temporarily ceased and employees generally are not expected to report for work for one or more weeks (e.g., a plant closing for the Christmas/New Year holiday or the summer vacation or an employer closing the plant for facility updates), the days the employer’s activities have ceased do not count against the employee’s FMLA leave entitlement.

TPM Scholarship Applica ons can be downloaded from the TPM website, www. mberassocia on.

com. You do not need a username or password to download the applica on.

Click on theTab “TPM Scholarship.

Click on one of the graphic to download the the TPM Scholarship Applica on. Scholarship

applica ons and accompanying materials are due in the TPM Offi ce by January 30, 2016.

www. mberassocia on.comTPM Scolarship

TreesI THINK that I shall never see A poem lovely as a tree.

A tree whose hungry mouth is prest

Against the sweet earth’s fl owing breast;

A tree that looks at God all day, And li s her leafy arms to pray;

A tree that may in summer wear A nest of robins in her hair;

Upon whose bosom snow has lain; Who in mately lives with rain.

Poems are made by fools like me, But only God can make a tree.

Joyce Kilmer 1886–1918


October 2015 6

Fatal FactsSliding Load on Overhead CraneDescriptionA worker was stacking product using an overhead bridge crane operated by remote control. While rigging the load for hoisting, he entered a narrow space next to another stack. He was attempting to push a hook into a gap created by dunnage in the stack. His remote controller was slung over his left shoulder and hanging by his hip. When the worker crouched down, the remote’s “Bridge Travel” pushbutton was inadvertently activated. The load pulled by the crane, slid rapidly pinning him against the other stack. The worker died from injuries to his chest.The accident investigation found the primary cause of the accident was the inadvertent start of the remote controller.

Best practices when operating a craneThe following are some safety tips for overhead crane operators to follow while operating the crane and moving the load.• Ensure that remote operating controls are shielded to

prevent inadvertent activation.• Power off the remote controller when not actively

operating the crane.• Train workers in the safe operation of remote controls for

travelling cranes.• Plan work areas/activities to eliminate pinch points.• Do not engage in any activity that will divert your attention.• Do not lift, lower, or transport a load with the crane or hoist until all personnel are clear of the load and the load’s path.• Verify that the load, crane and hoist will clear all obstacles before moving or rotating the load.• Do not move loads over personnel.• Do not lift, lower, or transport personnel by means of the crane, hoist, trolley, hoist hook, or load.• Slowly inch the hook into engagement with the load to eliminate wire rope slack and reduce impact loading of the crane

and hoist.• Avoid unnecessary inching and quick reversals of direction.• Lift the load only a few inches to verify that the hoist braking system is functioning properly before continuing with the

lift.• Avoid swinging of the load or hoist hook when the bridge trolley or hoist is traveling.• Avoid sharp contact between trolleys or between trolleys and stops.• Do not use the primary upper limit device as an operating limit. Use other operational limits if they are available.• Do not lower the load beyond the point where less than two wraps of wire rope remain at each anchorage on the drum,

unless a lower limit device is provided, in which case no less than one wrap of wire rope shall remain at each anchorage on the drum.

• Activate the manual warning device (if provided) before starting the bridge or trolley travel motion of the crane and intermittently during travel of the crane when approaching people in the travel path of the load.


7October 2015

5-Minute Safety Talk For more 5-Minute Safety Talks visit www.timberassociation.com/site/Members

Safety AwarenessIn the workplace some hazards can be controlled, and somehazards can be eliminated, but there is always a chance forhazards to develop regardless of how safe the workplace is made.

Follow the Rules, Take Precautions

Safety rules exist to help employees stay safe. Violations of safetyrules may cause someone to become ill or injured.

Safety rules can’t cover every situation. You have to be aware ofyour surroundings to notice hazards. If you find a hazard, report it.

Make sure any equipment you use is safe. Inspect it for problems prior to use. Tools and equipment wear out, sopay attention during each inspection.

What Causes Injuries? Safety is an action word, but most of the time we treat it as something passive. To make something safe takesproactive action. That action is to recognize what can cause an injury (hazard) and then take steps to control it ina manner that ensures nobody gets hurt.

CAUSES OF WORKPLACE INJURIES

To make something safe takes action and requires one to do something. That something is to recognize whatcan cause an injury (hazard) and then take steps to control it in a manner that ensures nobody gets hurt.Hazards are the reason people get hurt, without the hazard there is no injury. When we fail to follow safetyprocedures and/or wear our personal protective equipment we increase the risk of an injury. A hazard freeworkplace is created by actively identifying, evaluating the risk and applying controls to protect employees inthe workplace.

Being struck by anobject.

Being struck against anobject.

Being caught,compressed or crushedby objects.

Falling to the lowerlevel.

Falling on the samelevel.

Slipping or trippingwithout falling.

Overexertion in lifting. Repetitive Motion.Overexposure tochemicals, noise, heat,electricity, etc.

Transportationaccidents. Fires and Explosions. Violent Acts.


When you think of a sawmill or a manufacturing company, we all realize that there is a lot of hustle, bustle and work involved in creating the products that are made there. But who installs the machines so the employees can do their jobs? Who sets up the new equipment? Who makes everything run smoothly? That is the story of BMI Contractors, Inc.

BMI Contractors, Inc. was established in 1983 to meet the growing demand for high quality, merit shop mechanical installation. Since then BMI has completed thousands of projects in the wood products industry. Although they have enjoyed considerable growth over time they have not abandoned their original operational concept. BMI utilizes quality workmanship and innovative thinking to ensure timely completion of all projects. This includes rolling completed veneer dryers into place from

across the mill fl oor to employing unique lifting apparatus to hoist equipment buried deep inside the mill building.

BMI’s success is simple, they hire and train the best people to supervise their projects and furnish them with highly skilled crews. When BMI takes on a project, their supervisory and administrative staff are involved from top to bottom and they refuse to take short cuts where quality and safety are concerned. The result is a tightly run, on time, high quality job at a reasonable cost.

The fi rst project undertaken by BMI in 1983 was a sawmill. Today, BMI has completed hundreds of sawmill projects from renovations and individual machine centers to brand new, complete, state-of-the-art operations. The goal of BMI during any project is to get the job done, the right way, the fi rst time, and then get out of the way.

BMI has built plywood plants, but the majority of its plywood business is in the installation and repair/refurbishment of individual areas of the plant. The company’s crews have experience in all areas of plywood machinery from the block

October 2015 8

TPM Member Since April 2009

BMI Contractors, Inc.Salem, Oregon

BMI Contractors, Inc. has the equipment and exper seto meet the needs of client companies.

From concrete founda ons to the last bolt on new fabrica on, each project is overseen and completed by the BMI crew.

BMI’s workmen are masters at replacing, reloca ng or rebuilding sawmill machines.


handling through packaging and shipping. Lately the most common project is installing new or rebuilding existing veneer dryers. BMI has installed and/or rebuilt nearly 300 veneer dryers and that experience far exceeds that of anyone else in the business.

Long and tall seems to describe a laminated veneer lumber (LVL) operation, because of the size and length of the billets, these plants tend to cover a lot more real estate than other types of operations and require special knowledge that comes from having been there before. I-joist manufacturing is another component of the LVL operation and one that BMI is very familiar with.

The particleboard industry is also unique because the machinery is bigger, heavier and requires more precision than many other areas of wood products manufacturing. BMI crews have installed forming lines, built or rebuilt presses and replaced/installed drying and material handling equipment.

BMI also erects pre-engineered steel buildings of all sizes and designs. Currently they have erected buildings from 4,000 square feet to 250,000 square feet and from 20 feet tall to over 80 feet tall. BMI’s prices are competitive, but they do not cut corners on the quality of the people doing the work, BMI still employs the same top level craftsmen and supervisors. This means they avoid costly mistakes and unnecessary modifi cations to the new structure.

Although the history of BMI leans towards the wood products industry, it also provides its services to general industry. Most

manufacturing facilities share common elements. Raw materials are processed at machine centers and conveyed back and forth between machine centers until they arrive at the packaging and shipping end of the business. To date BMI has been involved in general industry projects ranging from structural steel to food processing plants, hydroelectric plants, warehousing, power houses, boilers, gypsum plants, paper mills and rubber processing plants.

When BMI was founded in 1983 they started with a crew of 10 employees. Today, owners David Brown and his wife Terrika employ an average of 50 highly skilled workmen and operate in 16 states (and growing).

9October 2015Featured Member continued from page 8

BMI Contractors, Inc. can be reached at:4375 Turner Road SE, Salem, Oregon 97317

Phone (503) 375-2222 www.bmicontractors.com

BMI has installed or rebuilt nearly every brand of veneer dryer known, that experience exceeds that of anyone else in the business.

BMI employees are tradesman and experts in all they do.

The goal when se ng up new machines is to get the job done the right way the fi rst me.


October 2015 10

Frontline

Recruitment & Retention for the Modern Workforce (Part 1)

Prac cal Informa on for Managers & Supervisors © 2015, No. 329

CONTINUED ON NEXT PAGE

One of the biggest issues that our industry is facing today is the recruitment and retention of qualifi ed and valuable employees. Businesses are facing a multitude of factors that are preventing them from being able to maintain and grow staff, some of these include: an aging workforce that is phasing out, a generation coming into the fi eld that is less focused on manual labor and more focused on technology, small talent pools due to locations in rural areas and a prevalence of drug use that eliminates most candidates via drug testing before they can even reach the fi nal stages of hire.

For these reasons, when companies are able to fi nd capable workers, it is essential that they have a plan in place to actively retain those individuals. Understanding what engages employees can help during all phases of the employment cycle—from recruitment to training to performance assessment and beyond.

This month, let’s take a look into recruiting basics that will provide a guide to designing an effective hiring strategy for your business. Next month, TPM will provide a look into retention essentials.

RecruitingRecruitment refers to the overall process of attracting, selecting and appointing suitable candidates for jobs within an organization. There are several ways you can go about the recruiting process. But fi rst you must decide on the type of employees you would like to recruit.

If you are looking to bring a tremendous amount of experience and time tested ideas to your business, you would tailor your recruiting process to target seasoned professionals. If you are looking to bring more energy or an alternative perspective to your company, you would tailor your recruiting process to target recent graduates.

Recruiting Seasoned ProfessionalsWhen recruiting seasoned professionals you should increase visibility in relevant professional associations, seminars and other activities to draw competent and involved employees to research your company. Another option would be to establish an employee referral program. This is a very effective source, especially if those making the referrals are good performers. Your current employees have a vast

network of professional acquaintances and people usually make friends with people similar to themselves. This process also ensures that the job candidate understands the culture of the fi rm through his or her relationship with the referring employee.

Recruiting Recent GraduatesWhen tailoring your recruiting efforts to target recent graduates, you should organize and attend job fairs to meet with potential applicants to encourage qualifi ed individuals to apply for jobs. It would also be a good idea to consider the values of the millennial workforce and decide if your business aligns with those values. And if they do, make the values evident to recent graduates.

Recruiting All Potential EmployeesA good way to attract potential employees to your business is to establish company values that are attractive to your target workforce. People are increasingly concerned with the social behaviors of companies and want to work for companies of which they can be proud. Very often, the best applicants are those who have conducted a thorough and systematic job search.

You should make the work culture of your business available to them through the internet and remember that you want employees who want to work for you, not employees who just want a job.


11October 2015

Frontline continued from page 10

Another good way to attract employees is to incentivize potential applicants. One incentive you could offer is a sign-on bonus along with a time commitment to the company, of course. You could also create a good benefi ts package that can include a health plan, a fl exible work environment, paid vacation, etc.

Making the Most of the Interview ProcessFor effective interview questions, maintain a laser-like focus on your job requirements. Questions should unearth useful information about candidates’ relevant experience—and how they would use that experience to help you achieve your goals.

Develop Effective Questions Start with the job description. Focus your questions on the essential job functions and required knowledge and skills listed.

Check the candidate’s resume for projects similar to work you need done. Note any questions you have for the candidate.

To draw out the candidate, prepare mostly open-ended questions (those that require more than a yes or no or simple factual answer).

Limit the number of questions you prepare. That will give you time to ask follow-up questions when you need more information.

Sample Interview QuestionsBelow are sample interview questions, along with a brief explanation of the purpose they serve. Note that all questions, except for the last, are open-ended.

Question: “I see that you reorganized the SharePoint system at company X. Tell me more about that experience, including challenges you faced and how you overcame them.”

Purpose: You want a creative problem-solver who can help you streamline project fi les on your intranet. By having them explain how they handled a similar project, you get a better sense of how well they would handle your project.

Question: “We need a team player who can also assume a leadership role from time to time. Talk a bit about roles you’ve assumed. When do you think you’re at your best?”

Purpose: This question should yield information about a candidate’s confi dence and initiative, comfort level in taking the lead on projects, and ideas on how they feel their strengths could best be put to use.

Question: “If we were to offer you the position, when would you be available to start?”

Purpose: A straightforward factual question that gives you needed information on the candidate’s availability. It can also help you gauge their level of interest.

A note on the importance of job descriptions: Job descriptions are an essential part of hiring and managing your employees. These written summaries ensure your applicants and employees understand their roles and what they need to do to be held accountable.

Job descriptions also:

Help attract the right job candidates Describe the major areas of an employee’s job or

position Serve as a major basis for outlining performance

expectations, job training, job evaluation and career advancement

Provide a reference point for compensation decisions and unfair hiring practices

OverviewA job description should be practical, clear and accurate to effectively defi ne your needs. Good job descriptions typically begin with a careful analysis of the important facts about a job such as:

Individual tasks involved The methods used to complete the tasks The purpose and responsibilities of the job The relationship of the job to other jobs Qualifi cations needed for the job

Don’t be infl exible with your job description. Jobs are subject to change for personal growth, organizational development and/or evolution of new technologies. A fl exible job description encourages employees to grow within their position and contribute over time to your overall business.

Job descriptions typically include:

Job title Job objective or overall purpose statement Summary of the general nature and level of the job Description of the broad function and scope of the

position List of duties or tasks performed critical to success Key functional and relational responsibilities in order of

signifi cance Description of the relationships and roles within the

company, including supervisory positions, subordinating roles and other working relationships

Additional Items for Job Descriptions for Recruiting Situations:

Job specifi cations, standards, and requirements Job location where the work will be performed Equipment to be used in the performance of the job


October 2015 12

CONTINUED ON NEXT PAGE

Counsel’s Corner

Recreational Marijuana Now Legal in OregonOregon adults are now able to legally purchase recreational marijuana as of October 1, 2015, about a year earlier than had been expected.

Govenor Kate Brown (D) signed the law allowing the sale of recreational marijuana in existing medical marijuana dispensaries, starting just three months after Oregon’s reformed marijuana law went into effect.

The Oregon Health Authority has regulatory oversight of recreational marijuana sales through medical dispensaries, with the Oregon Liquor Control Commission (OLCC) being charged with the regulating and monitoring of the industry.

In anticipation of pending problems and questions, below is a list of frequently asked questions provided by the OLCC:

Q: What is the purpose of legalizing recreational marijuana?

A: As stated in Measure 91, the purpose of the Act is to:

Eliminate the problems caused by the prohibition and uncontrolled manufacture, delivery, and possession of marijuana within this state;

Protect the safety, welfare, health, and peace of the people of this state by prioritizing the state’s limited law enforcement resources in the most effective, con-sistent, and rational way;

Permit persons licensed, controlled, regulated, and taxed by this state to legally manufacture and sell mar-ijuana to persons 21 years of age and older, subject to the provisions of this Act;

Ensure that the State Department of Agriculture issues industrial hemp licenses and agricultural hemp seed production permits in accordance with existing state law;

Establish a comprehensive regulatory framework con-cerning marijuana under existing state law.

Q: What does Measure 91 do?

A: Measure 91 allows Oregonians to grow limited amounts of marijuana on their property and to possess personal limited amounts of recreational marijuana for

personal use as of July 1, 2015 under Oregon law. The measure also gives OLCC the authority to tax, license and regulate recreational marijuana grown, sold, or processed for commercial purposes. The OLCC does not regulate the home grow/personal possession provisions of the law. Nor does it regulate the sale of small amounts of recreational marijuana through medical marijuana dispensaries starting October 1. The OLCC will begin accepting applications for growers, wholesalers, processors and retail outlets on January 4, 2016.

Q. When did Measure 91 go into effect?

A. The home grow/personal possession provisions of the measure started on July 1, 2015. Sales of small amounts of recreational marijuana through medical marijuana dispensaries began October 1, 2015. The OLCC will begin issuing commercial recreational marijuana licenses to growers, wholesalers, processors and retail outlets in 2016.

Q. Who will implement the initiative?

A. The initiative designates the OLCC as the state agency that will regulate the commercial growing and selling of


13October 2015

Counsel’s Corner continued from page 12

recreational marijuana. It also gives the OLCC authority to license and regulate commercial recreational marijuana operations. The OLCC has no authority to regulate or enforce the home grow/personal possession provisions of the law.

Q: Has Measure 91 been changed from what voters approved?

A: Yes. The 2015 session of the Oregon Legislature made technical changes to Measure 91. It also authorized the sale of small amounts of recreational marijuana through medical marijuana dispensaries starting October 1. The Legislature also changed the way recreational marijuana is taxed. Instead of the OLCC imposing the tax at the grower level, it will now be imposed at the retail level and collected by the Department of Revenue.

Q: Who will enforce recreational marijuana laws?

A: Enforcement of the home grow/personal possession provisions of Measure 91 will be at the discretion of local jurisdictions, the state police and possibly other law enforcement agencies. The OLCC is responsible for enforcement actions against businesses that the OLCC licenses to grow, process, wholesale and sell recreational marijuana and related products.

Q: How much will recreational marijuana cost?

A: The retail price of recreational marijuana will be determined through a competitive marketplace.

Q: Can Oregon recreational marijuana be taken to the state of Washington where it is also legal?

A: No. Taking marijuana across state lines is a federal offense.

Q: How will children be protected from recreational marijuana and marijuana products?

A: Measure 91 prohibits the sale of recreational marijuana to anyone under the age of 21. The act also gives OLCC authority to regulate or prohibit advertising. In writing the rules necessary to implement the new law, the OLCC may also regulate packages and labels to ensure public safety and prevent appeal to minors.

Q: Can I get a DUII while under the infl uence of marijuana?

A: Yes. Current laws for Driving under the infl uence of intoxicants (DUII) have not changed. DUII refers to operating a motor vehicle while intoxicated or drugged, including impairment from the use of marijuana. In addition, Measure 91 requires OLCC to examine, research and present a report to the Legislature on driving under the infl uence of marijuana. The OLCC will do this in conjunction with the Department of Justice Criminal Investigation Division and Oregon State Police.

Q: Can I lose my job for using marijuana?

A: That depends on who you work for and what your employer says about the use of marijuana by employees. Passage of Measure 91 does not change existing employment law in Oregon.

Please see http://www.oregon.gov/olcc/marijuana/pages/default.aspx for more information provided by the State of Oregon.


October 2015 14

Legal Briefing

EEOC v. SOCI: Equal Pay

Jeff BornholdtTPM In-House [email protected]

SOCI Petroleum/Santmyer Oil Company, Inc., (SOCI), a leading oil company, violated federal equal pay laws by paying a female employee less than a male predecessor for performing substantially equal work, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit fi led on September 30, 2015.

According to the EEOC’s lawsuit, SOCI hired Lori Bowersock in 2006 to perform human resources work at the company’s facility in Wooster, Ohio. At the time, a male was functioning as the company’s human resources manager but after his employment ended in 2009, Bowersock assumed his function and began performing the human resources management work. The EEOC alleges that SOCI was biased against females and that the company tolerated the use of derogatory sex-based remarks to refer to females and devalued the accomplishments and capacity of female employees, as compared to that of males. The company paid Bowersock lower compensation than it paid to the male predecessor, according to the complaint.

Such alleged conduct violates the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII). EEOC fi led suit (EEOC v. SOCI Petroleum/Santmyer Oil Company, Inc., Case No. 5:15-cv-02017-SL), in the U.S. District Court for the Northern District of Ohio Eastern Division, after fi rst attempting to reach a pre-litigation settlement through its administrative conciliation process. EEOC is seeking permanent injunctive relief prohibiting SOCI from discriminating by providing unequal pay to females for performing equal work, access to equal employment opportunities for women, lost wages, compensatory and punitive damages and other relief.

“Although we have made great strides in narrowing the wage gap between men and women, this case demonstrates pay discrimination remains a serious problem in the workplace. A female’s pay should be

commensurate with her skills and experience, not by her sex,” said District Director Spencer H. Lewis, Jr. of EEOC’s Philadelphia District Offi ce.

EEOC Regional Attorney Debra Lawrence said, “It is disturbing that some employers continue paying women less than men for equal work simply because of their gender and EEOC will take vigorous action to remedy sex-based wage discrimination.”

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender, is of one of six national priorities identifi ed by the Commission’s Strategic Enforcement Plan (SEP).


15October 2015

This fl yer is published to provide timely information to readers. Its content is not intended as advice for individual problems. Editorial material is to be used at the discretion of the reader and publication does not imply endorsement by ACI Specialty Benefi ts or the Timber Products Manufacturers Association.

For more information about TPM’s Employee Assistance Program call the TPM offi ce at (877) 535-4646.

Five Tips for Modern FamiliesToday’s families come in all shapes and sizes, and look much different than the nuclear family unit of the past. Parents, kids, roommates, grandparents, stepsiblings, caretakers and pets may all be considered family members and live in the same house.

Between work, home and the rest of life, modern families face many responsibilities. Here are fi ve tips for families to work together and thrive:

1. Kids are never too young to helpGet the whole family involved in meal planning, house cleaning, chores and running errands. Kids can help cook, clear the table, pick up toys and feed pets. Outings are more fun for everyone when kids can help complete ‘special assignments’ at the grocery store or mall.

2. Work as a teamWhether your family is comprised of two people or six, divvy up the day-to-day responsibilities of running a household based on each person’s strengths and availability. Designate a team leader (or rotate turns) to deal with any issues or surprises that may arise.

3. Be present at work and at homeMany people feel like they are shortchanging career or family by trying to do it all. But it is possible to be devoted to both. Take time to wrap up at the end of the work day and create a clear set of tasks for the next day. This trick helps clear the mind of mental

to-dos and allows more focused attention for quality time with the family.

4. Find balance togetherMake well-being a family endeavor. Cook and eat healthy meals, take a walk or ride bikes together, do art projects or fun science experiments for creative playtime, and wind down with reading or music at bedtime to ensure everyone gets enough sleep.

5. Enlist technologyThanks to the Internet and mobile devices, it’s now easier than ever to stay on top of the whole family’s activities. Look for apps to sync calendars, share photos, plan parties, schedule carpools, monitor TV time and keep in touch 24/7, no matter how far-fl ung everyone is.


Apply Now!Apply Now!

It‛s ScholarshipIt‛s ScholarshipApplication TimeApplication Time

The Timber Products Manufacturers Associa on (TPM) off ers two fi ve-hundred dollar scholarships to high school seniors or GED Applicants who are employees or dependents of employees of TPM Associa on member companies.

The selec on commi ee or Execu ve Commi ee will review the applicants at the Spring Board mee ng and present the winners to the Board of Directors. The winners of the scholarship will be invited to the TPM summer mee ng to receive their award at the TPM evening social and dinner.

Applica ons for the scholarship are to be submi ed to the TPM offi ce located at 951 East Third Avenue, Spokane, WA, 99202, by January 30, 2016. Applica ons are available at www. mberassocia on.com or call the TPM offi ce at (877) 535-4646.

TPM will not discriminate in the decision making process of choosing the appropriate individual for the scholarship. All applicants must have met the required criteria in order to be eligible to win the scholarship. The scholarship by law, once given, cannot be rescinded if the family member leaves the TPM member company.

All scholarships will be paid directly to the accepted school of choice. Due to IRS rules, the scholarship cannot and will not be paid directly to the student.

ongoing devasta ng wildﬁ re season - tpm · 5:00 – 7:30 pm recep ... november 1 at 2:00 am....

Documents