Regulatory Compliance Consulting

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On February 22, 2008, Attorney General Michael B. Mukasey announced higher civil fines against employers who violate federal immigration laws. The new rule will become effective as of March 27, 2008.

Under the Immigration and Nationality Act, employers may be fined for knowingly employing unauthorized aliens, for failing to comply with the requirements relating to employment eligibility verification forms, for wrongful discrimination on the basis of nationality or citizenship, and for immigration-related document fraud.

Under the new rule, these fines will increase by as much as $5,000 per alien. For example, the minimum penalty for knowingly employing unauthorized aliens will increase from $275 to $375. The maximum penalty for a first violation will increase from $2,200 to $3,200. The penalty for multiple violations will increase from $11,000 to $16,000.

Now that the civil fines will be increased dramatically, it is more crucial than ever for employers to protect themselves from Immigration Audits. The following list contains seven secrets to surviving an Immigration Audit:

#1 Do An Internal I-9 Audit Now. Don’t wait for Immigration to raid your workplace or to send you a letter demanding to inspect your I-9 Forms within 72 hours to first review them. Do it now. Compare your payroll with your I-9 forms and make sure that you have an I-9 Form for all employees. Make sure that they all have been filled out correctly and completely and that you have started to use the new revised I-9 Form (Rev. (06/05/07).

#2 Centralize the I-9 Process. Train 1 or 2 employees in the technical process of filling out I-9 forms. Then have them always be in charge of completing the I-9’s , instead of random supervisors, who may or may not be familiar with the process.

#3 Do Not Put the I-9’s in the Employee’s Personnel file. Keep the I-9 forms in a separate file. You don’t want to have to turn over your employee’s personnel files to Immigration, since they contain privileged information. (You can put a copy of the I-9 in the employee’s personnel file, if you want, but keep the originals separate.)

#4 Always Examine the Original Documents - Not Copies. It is critical that you examine the original document, “green card”, drivers license or social security card, not a copy. Make sure that you are using the revised list of approved documents, effective December 26, 2007.

#5 Copy the Front and Back of All Documents that were Examined, and Attach to the I-9. Although employers are not legally required to make a photocopy of the documents that they examined, doing so, demonstrates the employer’s good faith, and if questioned, the employer can point to what documents they relied upon, even if they ultimately prove to be fraudulent.

#6 Establish a Written Policy that Fraud in the Employment Application Process, Will be Grounds for Termination. By doing so, the employer will clearly have the right to terminate an employee if it later discovers that he submitted fraudulent documents to obtain employment.

#7 If you Receive a Social Security Mismatch Letter, Contact Your Attorney First, Before Responding. The Social Security Administration is sending thousands of Social Security Mismatch Letters to Employers, informing them that there is a “mismatch” in the names and social security numbers of some of the employer’s employees. Although a Federal Court Judge has issued a preliminary injunction preventing ICE from sending letters together with the SSA, there may be serious legal consequences for the employer. Therefore, immediately contact experienced legal counsel before responding.

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The Federal Trade Commission has set out rules that define fair debt collection practices. The Fair Debt Collection Practices Act defines specific things that a debt collector may not do when contacting you about a debt. Learn the rules that debt collectors must follow when they call you.

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Fire poses a major threat to all businesses and should be of prime importance to any managing director or boss. The consequences of a fire can be far reaching and can even leave a business in the same state as the burnt out premises; ruined. If operating in a single premises the effects can be even more devastating, hence the importance of fire risk assessment procedures are an essential component of any health and safety protocol.

For companies who house supplies and other integral business elements in their premises the effects of fire can be even more damaging. In terms of continuity of supply and relationships with buyers, the effects can sometimes never be recouped. An efficient assessment of the risk that fire may pose to your business should be regularly carried out to ensure not only the safety of your staff members, but also to protect your business. An employer’s own conscience should force them to undertake a thorough fire risk assessment, although legal requirements for employers are extensive in ensuring staff safety.

The process of fire risk assessment involves identifying the various sources of ignition that may be present in your business. Not only should an assessment identify the ignition points but also the levels of combustible materials in a workplace. Such materials include soft furnishings and elements of the structure such as a timber frame or desks. The purpose of a fire risk assessment is to minimise the potential for fire in your business premises.

The risk assessment should involve the identification and if possible the elimination of hazards in the workplace. If these elements cannot be eliminated from the day to day uses of the business, fire risk assessment should advise ways in which the hazards can be dealt with and avoided. Usually safe working methods can be developed that put hazardous practises as far away from combustible materials and ignition sources as possible. This may mean that your risk assessment will take a few days to get a true understanding of the patterns of work in your business.

Also, as part of the assessment, the people who work in your premises will be examined. This may include assessing the risk staff members, customers and other members of the public that may have access to your premises. The number of people present in the premises in the event of a fire will also be estimated by the assessment of visitor numbers over a few days.

As a result of this information escape routes and fire safety protocol will be part of the risk assessment to ensure evacuation is carried out efficiently and effectively in the event of fire. As well a the means of escape, fire fighting apparatus and equipment will be assessed as well as the number of people who are able to operate this apparatus in an emergency. Considerations of age, health and agility in terms of the people present on the premises will also be part of the risk assessment. These factors are important especially when considering different working environments such as nurseries, factories or care homes. As a result action plans can vary immensely.

The risk assessment report will ensure that there are sufficient staff members present to cope with a fire should it break out. Also the action plan should focus upon minimising the risk of fire in the first place, by understanding the causes of fire and elements involved, prevention should be more effective. Assessment will also include an appraisal of the current action plan and the working order of the various fire fighting equipment in a business premises.

Fire is a risk that worries most employers, an assessment can inform bosses where they are with ensuring the safety of there staff and how much they need to do to increase this safety. As a legal requirement, following the recommendations of the report is a vital legislative requirement.

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Portable Appliance Testing (PAT testing) is an important part of an organization or individual’s duty to health and safety. This is done by means of a number of specialized testing tasks on your portable appliances.

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Under the Regulatory Reform (Fire Safety) Order 2005, it is a legal requirement that all businesses provide ‘adequate fire safety training’ to all staff. Precisely what ‘adequate’ means depends on the nature of each business and the fire hazards contained in its buildings. Importantly, the training provided must take account of the findings of the fire risk assessment and the fire safety consultant.

In 2004, Fire Brigades attended over 33,400 fires in commercial premises and costs including lost business earnings were estimated as being in excess of 2.5 pounds billion. Apart from schools, the warehouse and distribution sector accounted for the highest number of fires that cost over 250,000 pounds. If a fire safety consultant had been employed by many of these companies, the devastation could definitely have been lessened.

Warehouses present unique issues. They are often suited to allowing small fires to grow into towering infernos. They tend to have a significant quantity of combustible materials and are often sparsely occupied meaning that an outbreak of fire may go initially unnoticed. Once a fire does take hold, even fire-fighters can do little to contain it, often being hampered by high racking systems. With the utilisation of a fire safety consultant it is possible to minimise these risks, their expert opinion should always be heeded on matters of fire safety.

Good fire safety management in the warehouse is vital. This will ensure that risks are identified and controlled. Good housekeeping will keep combustibles and potential heat sources apart. Adequate fire training at work underpins all risk management. It raises awareness of the likelihood and consequences of ignition and establishes the good practice that all staff should follow. An effective consultant can ensure your members of staff are up to date on all matters of fire safety.

Initially, all staff should receive basic fire safety induction when they join the company. Beyond this, adequate training will deal with emergency procedures; fire prevention measures, what to do on discovering a fire and how to raise the alarm, these are subjects that will be covered by the fire safety consultant. Training in the identification and use of fire extinguishers and other fire fighting equipment should also be provided in line with specific company policy. All of these issues need to relate to the specific workplace in which the employees operate. A ‘competent person’ should conduct the training.

Where Fire Marshals are appointed, more comprehensive training must be given, the content of which will depend on their exact role. Roles may include helping visitors or disabled people leave the building, checking designated areas to ensure everyone has left, liaising with the Fire and Rescue Service, shutting down vital or dangerous equipment and assisting in routine fire checks and record keeping. Your consultant will be able to help define these job roles.

A good fire consultant will focus on the most common causes of warehouse fires which include arson, electrical faults, smoking materials and hot works. Subsequent training will allow workplace procedures to be followed and potential problems to be spotted early and reported to managers and supervisors. Warehouses often operate on a 24 hours basis and so adequate cover in terms of trained personnel with fire safety responsibilities is vital to achieving efficient fire prevention strategies.

The new regulations emphasise the need for training to be ‘verifiable’ and training should be repeated on a regular basis. As in any building, a holistic approach to fire safety will ensure that risks in warehouses are dealt with effectively. With the use of an efficient safety consultant it is possible to recognise potential risks early and put in place methods that will keep chances of fire to a minimum.

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