While there is no universal list of compliance training requirements that businesses must follow for new employees, there are certain federally mandated trainings, depending on the nature of your business.
Many states also have their own compliance training requirements that employers should be aware of.
Here is everything businesses need to know regarding employee compliance training.
New Employee Compliance Training
When hiring a new employee, it's important that they complete any required training as soon as possible to keep your business compliant.
It's also worth noting that some trainings, such as some state-mandated sexual harassment trainings, must be completed annually rather than just when an employee is initially hired.
As a best practice, employers should consider implementing a compliance training program that also ties into the onboarding processes.
This can ensure training is consistent, requirements are regularly satisfied, and attendance / completion is documented so employers are prepared in case of an audit.
Key Benefits of Compliance Training Programs
By establishing a compliance training program and process, employers can better:
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Protect Against Legal Penalties: Proper training can help protect companies from lawsuits, regulatory fines, and government audits.
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Standardize Operations: An established process can help you avoid operational disruptions and human error / forgotten training.
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Promote Positive Culture: Thorough and comprehensive compliance training can help foster transparency and accountability, while showing employees that their well-being is important.
Tips for Creating Compliance Training Programs
There are three key practices that can help businesses maximize the effectiveness of their training programs:
- Make Training Engaging or Interactive: Few people enjoy sitting through a lecture. Companies should consider using interactive training, e-learning solutions, case studies, and / or short, bite-sized refreshers.
- Leverage Learning Management Systems (LMS): LMS platforms can help track completions, automate recurring assignments, and centralize reporting on progress.
- Encourage Reporting: Establish clear channels for progress reports, complaints, and ensure leadership is actively engaged in training.
Employers may also want to consider reaching out to an HR Service company for help with compliance training. By going through an HR compliance service, businesses can generally access the following services:
- Online Learning Portal: With HR services, businesses can get access to a comprehensive library of courses and benefit from expert-led training designed to keep organizations compliant and ahead of industry trends.
- Facilitated Training: HR Professionals can help with training needs and requirements, covering things from yearly Sexual Harassment training to leadership programs and more. Employers typically also have the option to have on-site assistance when it comes to training.
Compliance Training Examples
As mentioned previously, the compliance training that is required depends on the location and nature of your business.
Below, you'll find both potential federal and state compliance training requirements.
Employee Compliance Training Requirements Under Federal Law
When it comes to federal law, training generally depends on the nature of the business, as well as the responsibilities of employees.
OSHA Compliance Training
The Occupational Safety and Health Administration outlines a long list of training requirements by "standard", which refers to the nature of the business and job responsibilities.
Generally, OSHA requires training for any employee who will face hazards on the job. It's worth noting that the definition of "hazards" is more encompassing than employers often realize.
Hazards are often associated with construction and manufacturing positions that involve heavy machinery, dangerous chemicals, hazardous electrical equipment, loud noise exposure, and serious fall risks.
However, hazardous jobs can also include those working in schools and retail positions, which require training on emergency evacuation plans and administering first aid.
Employers should ensure they review the list of training requirements from OSHA to ensure compliance.
Promising Practices for Preventing Harassment in the Federal Sector
The Equal Employment Opportunity Commission (EEOC) includes specific requirements that apply to federal agencies for preventing harassment. These requirements are referred to as Promising Practices for Preventing Harassment in the Federal Sector.
Training requirements include:
- Periodic completion to non-supervisory employees, as well as supervisors and managers at all levels of the agency.
- Sufficient funding and resources
- Accessibility to all employees, including through the provision of reasonable accommodations to individuals with disabilities.
- Clear, plain language definition of unlawful harassment and prohibited unwelcome conduct.
- An explanation, including examples, that harassment is prohibited on the bases of race, color, sex (including sexual orientation, pregnancy, and transgender status), national origin, religion, disability, age (40 years or older), genetic information, and in retaliation for protected EEO activity.
- Encouragement of employees to report unwelcome conduct before it rises to the level of unlawful harassment or becomes severe or pervasive.
- Details on how to report alleged harassment in accordance with agency policies and procedures.
- Examples of disability-based harassment.
Federal agencies should note that there are additional requirements beyond training, such as policies and programs, that must be met.
Specific Requirements for Healthcare
Under the Health Insurance Portability and Accountability Act (HIPAA), covered healthcare entities must administer training to all employees and managers whose duties involve Protected Health Information (PHI) within a reasonable period after an employee is hired.
Training must generally include:
- Identifying PHI
- The "minimum necessary" rule
- Rules for how patient data may be disclosed
- Implementing physical, technical, and administrative safeguards for Electronic Protected Health Information (ePHI)
- Incident escalation for data breaches
- Reporting protocols for data breaches
- Consequences of violating HIPAA rules
Common State-Mandated Compliance Training Requirements
Common state-mandated compliance training requirements include:
- Sexual Harassment Training or other harassment prevention training
- Privacy Laws
- Elder Abuse or Patient Rights Training
- OSHA State Training
- State licensing board training requirements
- Alcohol Server Training
- Training for childcare services
- Workplace Violence Prevention
- Cybersecurity Training
It's crucial that employers review the laws and requirements of their state, as well as any states in which they have employees, as each state is unique.
Get Help With Employee Compliance Training
Employers who are struggling with employee compliance training or who are experiencing other compliance challenges may want to reach out to an HR outsourcing company for help.
To learn more about EBC HCM's HR Compliance Services, contact us today.
