Step 1. Job Descriptions: Defining the Role and Skills Needed   Let’s start with the basics. Before posting a job, reviewing resumes, or scheduling interviews, you need a clear understanding of the role and the person you're looking to hire. Defining the position upfront helps you stay focused, attract the right candidates, and avoid costly hiring mistakes. Let’s look at what that process involves, starting with the difference between a job description and a job posting.   Job Description vs. Job Posting: What’s the Difference? If you’ve ever used the terms “job description” and “job posting” like they mean the same thing, you’re not alone. But they serve different purposes and mixing them up can lead to hiring headaches. Job Description: This is your internal guide. It outlines what the role involves, what skills are needed, and what the person will do day-to-day. Think of it as your hiring blueprint. The job description is a major part of your job posting. Job Posting: This is your ad. It’s what job seekers read online. It should be clear, engaging, and based on the job description.   Why You Need a Job Description Writing a job description might feel like extra paperwork, but it’s one of the most important steps in hiring. Skip it, and you risk wasting time, attracting the wrong people, and creating confusion on the job site. In fact, a recent survey found that over a third of job seekers think job descriptions are too vague. That kind of uncertainty can keep qualified candidates from applying. Here are five reasons why a job description is important: 1. It Helps You Hire the Right People: Ever read a resume and wonder, “Did they even read the job post?” That’s often a sign the role wasn’t clearly defined. A good job description : Filters out people who aren’t a fit Attracts candidates who understand the role Makes your job post more targeted If you’re looking for a faster way to write job descriptions, there are free templates available online that are designed specifically for construction roles. Two helpful resources include: Monster.com has 10 free job description templates tailored to the construction industry from general laborers to Construction Supervisors. Workable.com also provides editable templates for a wide range of construction positions. These tools can help you write clear, accurate descriptions without starting from scratch. Just pick the role, adjust the wording to match your needs, and you’re good to go.   2. It Sets Expectations from Day One: When someone joins your team, they should know what’s expected. A job description helps with: Outlining daily tasks and goals Supporting clear communication between supervisors and crew   3. It Builds Stronger Teams: People work better when they know their role and how it fits into the bigger picture. A clear job description: Reduces confusion and overlap Attracts candidates who value structure and clarity   4. It Reduces Turnover: Hiring someone who doesn’t understand the role leads to frustration for both sides. A clear job description: Sets realistic expectations Helps avoid mismatches and improves retention   5. Job Descriptions Aid in Injured Employee Recovery Here’s how a clear job description helps: Claims clarity – Job details keep all parties aligned on physical requirements. Effective rehab – Precise descriptions help align therapy with workplace requirements. Return-to-work support – Accurate duties help avoid premature return and re-injury.   What to Include in a Job Description Skip the buzzwords. Be specific so there’s no confusion about the role. Job Title - Use a clear, standard title. Purpose of the job  - Focus on the goal and outcomes, not just the tasks. Key Responsibilities  – List daily duties, tools, equipment, and materials used. Essential Skills and Experience  – Include what’s required to succeed. Relate skills directly to job functions when possible. Location – Note if travel is required (city, county, or statewide). Reporting Structure  – Clarify who they report to and work with. Licenses or Certifications  – List any required credentials   Why the Job Description Comes Before the Job Posting Before you write a job ad, you need to know exactly what the role involves. A solid job description helps you: Define the position and the type of worker you need Set expectations for skills, experience, and work style Prepare for interviews with a clear checklist Write job posts that attract the right candidates   A well-written job description is the foundation of a detailed job post.  It lays the groundwork for hiring the right person with fewer mismatched applications.  It helps you hire smarter, manage risk, and keep your projects running smoothly. It also protects your business when it comes to insurance, claims, and audits.   In the next article, we’ll explore  Step 2: Writing Job Posts: How to Create Ads That Get Noticed .

Step 2: How to Write a Job Post That Gets Noticed Now that you’ve nailed down the job description and know the kind of person you’re looking for, it’s time to write the job post, the part candidates actually see. A good job post connects you with people who not only have the right skills but also fit your crew and company culture. In a competitive market, a clear, honest post can help you stand out and attract the kind of applicants you actually want to interview. Use your job description as a guide. Pull out the key tasks, must-have skills, and a few lines about why your company is a great place to work.   What to Think About Before You Write While creating the ad, refer to the Job Description for the basics. What’s the job title?  What does a typical day look like?  What kind of experience or skills are needed?  Is it full-time, part-time, or seasonal?  Are certifications required, or is on-the-job experience enough?  What is the pay rate?  Does the candidate have to be bilingual for business reasons?    While drafting your post: Making It Readable: Short sentences, ideally between 13 to 18 words, keep people interested. Use clear, everyday language and avoid jargon that might confuse job seekers. Keep paragraphs short and focused on key responsibilities and qualifications. When candidates can quickly scan your post, they’re more likely to apply if the role fits their skills and goals.   Use Bullet Points and Headings: Bullet points help break down important details like responsibilities and required skills. Headings make the post easier to navigate and more appealing to read. Stick to clear section titles like “Key Responsibilities” and “Qualifications” so candidates can find what they need fast.   Key Parts of a Strong Job Post 1. Job Title and Location: This is the first thing people see, so keep it simple and clear. Use standard titles like “Site Supervisor” or “Carpenter” instead of creative ones that might confuse people. Be sure to include the location or mention if the job is travel-based. 2. Start with a Short Intro : Your opening should grab attention and make someone want to keep reading. Keep it to a few sentences. Mention what makes your company a good place to work, whether it’s steady work, a tight-knit crew, or room to grow. Example:   “We’re a family-run construction company with steady projects and a strong team. If you’re looking for reliable work and a crew that has your back, we’d love to hear from you.” 3. Describe the Role: Give a clear picture of what the job involves. Focus on the main tasks and avoid listing every possible duty. Use action words like “build,” “install,” “manage,” or “repair” to make it more engaging. Example:   “As our Lead Carpenter, you’ll handle framing, finish work, and oversee a small team on residential remodels.” 4. Job Requirements: Break this into two parts: what’s required and what’s nice to have. This helps candidates know if they should apply, even if they don’t meet every single qualification. Must-Haves: 3+ years of hands-on carpentry experience Valid driver’s license Ability to read blueprints   Nice-to-Haves: Experience leading a crew Familiarity with permit processes   5. Why People Want to Work With You: This is your chance to show what makes your company different. Talk about your values, how your team works together, or any recent wins. Example : “We’re proud of our reputation for quality work and honest communication. Our team sticks together, and we make sure everyone has what they need to do the job right.”   6. Compensation, Perks, and Benefits: Set a fair wage based on local rates. Competitive pay helps you keep good workers. If you offer benefits like health insurance or paid time off, mention them. Today’s workers want to know they’re valued. Also note any important qualifications, like reference checks or drug testing after the offer is made. If your company participates in a drug-free workplace program, it is a Florida statute that you must include a notice about testing in the job ad.   7. Outline the Application Process: Let candidates know how to apply and what to expect after. This builds trust and helps avoid confusion. Example : “Once you apply, we’ll take a look at your information and reach out within a week if it looks like a good match. The process includes a quick phone call followed by an in-person interview.” Common Mistakes to Avoid Avoid vague language. Be clear about what the job involves. Don’t list overly broad qualifications that scare off good candidates. Make sure to include pay, hours, and who the person reports to. Update your job posts regularly based on feedback and hiring trends.   What’s Next? Be Where the Candidates Are Even the best job post won’t help if no one sees it. Here’s how to get it in front of the right people: Start local : Post on community job boards, regional websites, and social media. These work well for general labor and entry-level roles. Job boards help you reach active job seekers. Social media can catch the attention of people who aren’t actively looking but might be open to a new opportunity. Go targeted : Use construction-focused job boards or reach out to trade schools and vocational programs. This will attract candidates with relevant training and experience. Ask your team : Employee referrals often lead to great hires. Keep in mind: Entry-level roles often bring in more applicants, but not all will be qualified. Specialized roles may get fewer responses, but the quality tends to be higher.   Once your job post attracts applicants, we go on to  Step 3: Reviewing Applications: Finding the Best Candidates in the Stack .

Step 3. Reviewing Applications: Finding the Best Candidates in the Stack It’s a good sign once the applications start rolling in, but it’s easy to feel overwhelmed.   Set Clear Expectations Before You Start To make things manageable before you begin screening, start by creating a shortlist of five or six must-have qualifications. Define your non-negotiables: skills, certifications, or experience that someone needs to succeed in the role. This keeps the process fast and focused. Also, keep track of how many of your must-haves and nice-to-haves each candidate meets. It’s a simple way to compare applicants without losing sight of what matters. Use this list to: Quickly filter out applications or resumes that don’t meet your core needs Focus your attention on the strongest candidates No one will check every box, and that’s okay. The goal isn’t perfection; it’s finding someone who meets the essentials and fits your team.   Why Screening Matters Effective screening helps you: Save time by avoiding interviews with mismatched candidates Reduce bias by focusing on skills and experience Improve hiring quality with better long-term fits   How to Screen Efficiently If you’re getting a lot of applications, speed matters. Here’s how to move through them without missing good candidates: Scan for must-haves first. if they’re missing, move on Use a checklist to compare resumes against your criteria Keep notes for follow-up questions Sort into three piles: yes, maybe, and no. Focus on “yes” and “maybe” Effort matters. An application or resume tailored to the role shows interest Entry-Level vs. Experienced Candidates If you’re hiring for an entry-level role, you may get more resumes or applications focused on education than experience. That’s okay. Look for: Volunteer work Internships Transferable skills like teamwork, communication, or problem-solving   For experienced roles, focus on: Past projects Certifications Leadership or supervisory experience Safety record and compliance knowledge   What to Look for When Reviewing Resumes and Applications First Impressions Matter When you're reviewing applications or resumes, the first impression counts. A complete, well-organized application shows the candidate took the time to do things right. A customized resume shows attention to detail. That means: They filled out every section of the application They followed instructions and submitted all required documents They used a resume to tell a clear story, highlighting results, teamwork, and problem-solving Their past experience shows a pattern of growth, reliability, or innovation These are the kinds of candidates who are likely to succeed and stick around.   Look for Real Achievements For experienced candidates or leadership positions, generic phrases like “hard-working” or “team player” don’t tell you much. Instead, look for measurable results. These often show up in the work history section: “Led a crew of 15 on a multi-phase build” “Cut material waste by 30% through better planning” “Created safety protocols that reduced workplace incidents by 40% over 12 months.” These kinds of details show the candidate understands their impact and can back it up.   Stay Objective and Avoid Bias Compare each applicant to the job, not to each other or a predecessor. Ask: do they meet the role’s responsibilities and fit your company culture? Being aware of unconscious bias leads to better decisions. Diverse teams perform better, stay longer, and foster a positive environment.   The Actual Sorting As you sort through resumes and applications, certain signs can help you decide who’s worth a closer look, and who’s not. Professional formatting  – A clean, error-free resume or application shows attention to detail. Typos and sloppy formatting may signal carelessness. Look for keywords from your job listing  – If the resume or application reflects the skills and responsibilities you outlined, that’s a good sign the candidate read the post and understands what you’re looking for. Watch for inconsistencies  – If job titles or dates don’t match between the resume and cover letter, make a note to ask Don’t dismiss employment gaps too quickly – Instead, flag them for follow-up. Some candidates use that time for training, caregiving, or freelance work. Employment gaps  – Short stints at multiple jobs might raise questions, but they don’t always mean trouble. Ask about the reasons behind the moves. Check for relevant experience  – Degrees and certifications are helpful, but hands-on experience, especially in similar roles or environments, is often more telling. For entry-level roles, consider volunteer work or transferable skills. Cultural fit  – A resume can hint at personality and values. Does the candidate seem like someone who would work well with your crew?   Red Flags to Watch For While reviewing resumes, keep an eye out for warning signs. These don’t always mean someone’s a bad fit, but they’re worth digging into during the interview. Generic resumes or cover letters that don’t mention your company or the role Resumes or applications with lots of spelling or grammar mistakes Missing or vague job titles and responsibilities Refusal to provide references or documentation Gaps or short job stints with no explanation Overuse of buzzwords without real examples Lack of safety awareness or relevant certifications   Look Beyond the Resume A resume or application is just the starting point. It gives you a snapshot, but the interview is where you’ll really get to know the person. Still, a strong resume helps you narrow the field and spend your time wisely. This next step is just as critical, conducting interviews that help you spot the right fit. Up next:  Step 4: Interviewing Candidates: How to Interview Like a Pro .

Step 6. Making It Official – Steps to a Successful Conditional Job Offer What Is a Conditional Offer of Employment? A conditional offer of employment is simply a job offer that comes with a few requirements before it’s official. For most employers, these conditions include things like background checks, reference checks, or drug screenings. Why use it? It gives you a chance to confirm the candidate meets all your standards before they start work. If the conditions aren’t met, you can legally withdraw the offer without any issues. This approach helps protect your business and ensures you’re hiring the right person for the job.   Why Put It in Writing Instead of Just Saying It? For small construction businesses, a written conditional offer letter is more than paperwork, it’s protection and professionalism. Here’s why: Clear Communication: A letter spells out the terms and conditions so there’s no confusion later. Legal Compliance: It helps you follow labor laws and avoid anything that could look discriminatory. Smooth Onboarding: You can plan ahead for training and paperwork while waiting for checks to clear. Flexibility: If something changes, like a delayed background check, you can adjust without starting over. Professional Image: A formal letter shows you run a serious, organized business. That matters to good candidates. In short, a conditional offer letter sets expectations, protects your company, and makes hiring easier. It’s a simple step that can save you headaches down the road.   Is There a Time Frame for a Conditional Employment Offer? Yes, and it’s up to you. As an employer, you can set a timeline for meeting the conditions in the offer. How long should that be? It depends on what needs to be done. For example, most drug screenings take a few days because you have to wait for the lab results. Background checks or reference checks can take longer, so build in enough time for those steps.   Can I withdraw a conditional offer of employment? Absolutely. A conditional offer isn’t binding until both sides agree. Before the candidate accepts, you can pull the offer at any time. Even after they accept, you can withdraw it if they fail to meet the conditions, like passing a drug test or providing required certifications. And remember, Florida is an at-will employment state. That means you can generally hire or terminate employees as you see fit, as long as you’re not breaking any laws. Using conditional offers gives you an extra layer of protection when making hiring decisions.   How to Structure a Conditional Offer Letter A clear, well-structured offer letter sets the tone for a smooth hiring process. Here’s how to do it: 1. Greeting and Introduction : Start with a friendly opening that welcomes the candidate. For example: “We are pleased to offer you the position of [Job Title], contingent upon the successful completion of a background check and drug screening.” 2. Job Details : Include the job title and a short description of the role so the candidate knows exactly what they’re being hired for. 3. Start Date : Specify when you expect them to begin work, assuming all conditions are met. 4. Conditions : Outline the requirements clearly, such as background checks, drug testing, certifications, or safety training. Give a reasonable deadline for completing these steps. This encourages prompt action and helps you fill the position quickly. 5. Compensation and Benefits : State the salary, benefits, and any perks upfront. Transparency here avoids confusion later. 6. Probationary Period : If you have one, explain how long it lasts and what it means for the employee. 7. Closing and Next Steps :  End by setting expectations. Communicate the importance of meeting the conditions, invite questions, and let them know you’ll follow up. After sending the letter, check in to see how they’re progressing. This shows you’re engaged and keeps the process moving. To make things easier, there are many sample letters and customizable templates on the internet to make things easier. Letterin.net offers multiple free letter templates for multiple construction industry roles. Indeed.com offers several free letters and email templates. Grammerly.com has a free AI Letter Writer to create customizable letters.   A conditional offer of employment is a smart way for employers to secure top talent while confirming that all necessary checks and requirements are completed. By clearly stating the conditions and keeping communication open, you can guide the hiring process smoothly and make confident decisions. Now that your new hire is on board, it’s time to tackle S tep 7: Final Compliance: Drug Testing and Employment Documentation .

Introduction: Why You Need a Hiring Process                 Why Start with a Plan?  Hiring without a plan is like starting a job without blueprints, it’s a gamble.   If you run a construction company, having a clear hiring process can save you time, money, and stress. When you know what steps to follow and why, you’re less likely to make costly mistakes.  A good hire keeps your projects on track and your crew safe. A bad one? That can lead to delays, safety issues, and wasted money, sometimes up to 30% of the bad hire’s annual pay.  The good news : hiring doesn’t have to be complicated.     What Is a Hiring Process?  A hiring process is your roadmap for bringing the right person onto your team. It takes you from recognizing the need for a new worker to successfully integrating them into your crew. For construction companies, this process is broken into eight essential steps: each one covered in detail throughout this article series:  Job Descriptions: Defining the role and skills needed   Writing Job Posts: How to Create Ads That Get Noticed   Reviewing applications: Finding the Best Candidates in the Stack    Interviewing candidates: How to Interview like a Pro   Verify before you hire: References & Background checks are Essential     Making It Official: Steps to a Successful Conditional Job Offer   Final Compliance: Drug Testing and Employment Documentation   Welcome Aboard:  S etting Up New Hires for Success     Every step matters. Skipping one can lead to hiring someone who isn’t a good fit or worse, someone who creates safety risks on your job site.    How Your Company Benefits from a Hiring Process  A structured hiring process does more than fill a spot. It:  Saves time and money  by avoiding bad hires  Keeps job sites safer  with qualified workers  Improves productivity  and team performance  Reduces turnover  with better fit and clear expectations  Ensures legal compliance  with hiring laws and paperwork  Protects your reputation  with professional practices  Helps you grow  by building a reliable crew  Following a process protects your business and your reputation.     The Payoff  Hiring is one of the most important decisions you’ll make. A structured process boosts safety, saves time, and helps your business grow.  In the next article, we’ll explore Step 1. Job Descriptions: Defining the Role and Skills Needed .

February 10, 2026 Florida lawmakers have filed a bill to penalize companies employing undocumented immigrants who get hurt on the job, months after  a Tampa Bay Times investigation revealed  a state contractor has relied on migrant labor for years with deadly consequences. Senate Bill 1380 would require employers who knowingly hire people not authorized to work in the United States to pay for those workers’ medical bills if they get hurt. It would do so by making those companies “personally and fully liable” for the medical expenses and prohibiting them from trying to “shift financial responsibility” by having an “insurance company, a state agency, or any other entity” pay for treatment. If an employer violates those rules, they could lose their business license in Florida and pay a fine of up to $50,000. The bill, sponsored by Sen. Jonathan Martin, R-Fort Myers, also sets fines for companies that knowingly hire undocumented immigrants. “We’ve done so much to go after the individuals breaking the law on the employee side, and we know there’s reasons why people break the law. Many people come here that want a better life,” Martin said. “What we can’t have are some (employers) ... that are taking shortcuts because they’re willing to break the law.” Martin confirmed that the bill would apply to state contractors. Its language came from Florida Chief Financial Officer Blaise Ingoglia, who in December declared the bill one of his top priorities for the 2026 legislative session. Neither Ingoglia nor his spokesperson responded to texts, calls and emails over two weeks asking if any parts of the bill were proposed in response to the Times’ reporting. “If you have somebody break an arm and it’s going to cost them $20,000, why should the workers’ comp system — why should other businesses and other employees have to pay for that, when you’re the one breaking the law by hiring them in the first place?” Ingoglia said at the news conference. In an investigation published in October, the Times revealed that state road-builder Archer Western saw eight of its workers die from 2016 to 2023. In a series of incidents, men were crushed by heavy equipment, hit by cars and drowned after falling off a barge. The deaths meant the company had a fatality rate more than double the construction industry average. At least three of the men who died were undocumented. Archer Western workers also suffered serious injuries during this period — including a skull fracture, punctured lung and four separate instances of finger amputations — though its workers reported fewer injuries than the industry average. Workplace safety experts said undocumented workers are more likely to underreport injuries. Despite its alarming record, the administration of Gov. Ron DeSantishas awarded Archer Western and its partners nearly $1.6 billion in contracts, continuing to pay the company even after state officials acknowledged two of the deaths in court. Florida officials,  including DeSantis , have defended the state’s relationship with Archer Western, saying the company followed the correct hiring procedures. The company has said safety is a “foundational value.” Depending on how many undocumented employees a company knowingly hires, it could have its business license suspended or revoked by the state under this bill. Hiring more than 50 people in the country without legal status would be a third-degree felony.

February 4, 2026 Bills in two states would restrict or restructure workers compensation benefits based on immigration status, reopening long-running debates over the scope of the workers comp “grand bargain” and raising new legal and coverage questions for employers and insurers. Florida and New Jersey lawmakers introduced bills last month that would tighten eligibility for certain workers compensation benefits for undocumented workers or shift liability away from insurers. Similar proposals have surfaced periodically over the past decade in other states, but few have advanced into law. Florida’s H.B. 1307 is among the most sweeping. The bill would require employers to confirm work authorization through an “E-Verify” system before submitting a workers compensation claim. If an injured worker is found to be unauthorized, employers — not insurers — would be liable for medical and indemnity costs, with insurers not liable for covering those losses. S.B. 1521 in New Jersey would bar many undocumented workers from receiving wage-replacement benefits under workers’ compensation and temporary disability programs. While it’s unclear whether the proposals will pass this year, lawyers and claims executives warn that restricting access to workers compensation could undermine the system’s original purpose. “If you take away workers comp, you take away exclusive remedy,” said Jeff Adelson, a partner with Irvine, California-based law firm Bober, Peterson & Koby. “And if you take away exclusive remedy, then yes — I firmly believe they can sue.” Workers compensation systems are embedded in state constitutions, Mr. Adelson said, and unless a constitution explicitly bars claims by undocumented workers, denying benefits risks unraveling the trade-off at the heart of the system: guaranteed benefits for injured workers in exchange for employer immunity from civil lawsuits. This appears to be a concern industrywide, said Alan G. Brackett, a member at New Orleans-based law firm Mouledoux, Bland, Legrand & Brackett. “If you remove the remedy altogether, then there’s going to be a tort action pursued,” he said. Narrowing eligibility also raises broader liability concerns, according to Irina Simpson, Philadelphia-based executive vice president of workers compensation at Gallagher Bassett. “When we look at social inflation and explosive verdicts on the casualty side, workers comp has been a safety net,” Ms. Simpson wrote in an e-mail. “These changes remove that protection and predictability.” Experts agree, however, that an undocumented worker is less likely to sue, given the current immigration climate. Brad Young, a member at Chesterfield, Missouri-based law firm Harris Dowell Fisher & Young, said states are increasingly trying to reconcile workers compensation laws with the federal Immigration Reform and Control Act, which makes it unlawful to knowingly hire unauthorized workers. “Immigration status has traditionally been irrelevant to whether someone was injured at work and entitled to benefits,” Mr. Young said. Courts have generally been reluctant to allow immigration law to disrupt the workers compensation compact that has existed for more than 100 years, he said. Insurers, however, are beginning to push back, Mr. Young said, arguing that they should not be required to cover employers whose conduct violates federal law. Florida’s proposal, which preserves benefits for injured workers while shifting payment responsibility to employers, reflects that emerging compromise. “The claimant still gets benefits,” Mr. Young said. “They just come from the employer, not the carrier.” Mr. Brackett said it is notable that federal workers compensation systems have largely avoided immigration-status restrictions, even amid heightened national focus on illegal immigration. “The case law under the Longshore Act has always been: If they’re your employee, you owe them benefits,” Mr. Brackett said. After major Gulf Coast hurricanes, he noted, shipyards and maritime employers saw an influx of undocumented workers and a corresponding rise in claims under the federal Longshore and Harbor Workers’ Compensation Act. The Florida bill, placing responsibility on employers that fail to verify authorization, is “interesting,” Mr. Brackett said, but the approach still could become “very messy,” particularly if employers argue they paid premiums expecting coverage. From a claims-handling perspective, according to Ms. Simpson, excluding undocumented workers would fundamentally change how the system operates. Claims professionals would need new tools to identify and confirm work authorization, she wrote, shifting claims handling from an “employee-advocacy” model to a more investigative posture. Because workers compensation is state-specific, such changes also would create inconsistent protocols, exposures and compliance obligations across jurisdictions. Removing eligibility may not reduce risk, Ms. Simpson added, but instead introduce new legal, medical and operational concerns. “Operationally speaking, the challenges of executing a system with this level of variation and detail would be more than complex,” she wrote. “It would also invite significantly higher regulatory, governmental and public scrutiny, increasing compliance costs and ongoing legal spend.” Workers comp was “never intended to function as an immigration enforcement mechanism,” said Margarita Santos Krncevic, of counsel at Cleveland-based firm law firm Benesch, who handles mostly employment and immigration matters. Efforts to exclude undocumented workers have repeatedly stalled, Ms. Santos Krncevic said, in part because of the complexity of immigration status. Workers may be authorized through a range of visas or pending asylum claims, and employers often cannot reliably detect fraudulent documents. “It’s putting an extra burden on employers to make that distinction,” she said. If those workers are excluded from workers compensation, she said, the costs do not disappear. “They’re going to end up in emergency rooms with no insurance,” she said. “Then the question becomes: Who bears that cost?”

February 4, 2026 Bills in two states would restrict or restructure workers compensation benefits based on immigration status, reopening long-running debates over the scope of the workers comp “grand bargain” and raising new legal and coverage questions for employers and insurers. Florida and New Jersey lawmakers introduced bills last month that would tighten eligibility for certain workers compensation benefits for undocumented workers or shift liability away from insurers. Similar proposals have surfaced periodically over the past decade in other states, but few have advanced into law. Florida’s H.B. 1307 is among the most sweeping. The bill would require employers to confirm work authorization through an “E-Verify” system before submitting a workers compensation claim. If an injured worker is found to be unauthorized, employers — not insurers — would be liable for medical and indemnity costs, with insurers not liable for covering those losses. S.B. 1521 in New Jersey would bar many undocumented workers from receiving wage-replacement benefits under workers’ compensation and temporary disability programs. While it’s unclear whether the proposals will pass this year, lawyers and claims executives warn that restricting access to workers compensation could undermine the system’s original purpose. “If you take away workers comp, you take away exclusive remedy,” said Jeff Adelson, a partner with Irvine, California-based law firm Bober, Peterson & Koby. “And if you take away exclusive remedy, then yes — I firmly believe they can sue.” Workers compensation systems are embedded in state constitutions, Mr. Adelson said, and unless a constitution explicitly bars claims by undocumented workers, denying benefits risks unraveling the trade-off at the heart of the system: guaranteed benefits for injured workers in exchange for employer immunity from civil lawsuits. This appears to be a concern industrywide, said Alan G. Brackett, a member at New Orleans-based law firm Mouledoux, Bland, Legrand & Brackett. “If you remove the remedy altogether, then there’s going to be a tort action pursued,” he said. Narrowing eligibility also raises broader liability concerns, according to Irina Simpson, Philadelphia-based executive vice president of workers compensation at Gallagher Bassett. “When we look at social inflation and explosive verdicts on the casualty side, workers comp has been a safety net,” Ms. Simpson wrote in an e-mail. “These changes remove that protection and predictability.” Experts agree, however, that an undocumented worker is less likely to sue, given the current immigration climate. Brad Young, a member at Chesterfield, Missouri-based law firm Harris Dowell Fisher & Young, said states are increasingly trying to reconcile workers compensation laws with the federal Immigration Reform and Control Act, which makes it unlawful to knowingly hire unauthorized workers. “Immigration status has traditionally been irrelevant to whether someone was injured at work and entitled to benefits,” Mr. Young said. Courts have generally been reluctant to allow immigration law to disrupt the workers compensation compact that has existed for more than 100 years, he said. Insurers, however, are beginning to push back, Mr. Young said, arguing that they should not be required to cover employers whose conduct violates federal law. Florida’s proposal, which preserves benefits for injured workers while shifting payment responsibility to employers, reflects that emerging compromise. “The claimant still gets benefits,” Mr. Young said. “They just come from the employer, not the carrier.” Mr. Brackett said it is notable that federal workers compensation systems have largely avoided immigration-status restrictions, even amid heightened national focus on illegal immigration. “The case law under the Longshore Act has always been: If they’re your employee, you owe them benefits,” Mr. Brackett said. After major Gulf Coast hurricanes, he noted, shipyards and maritime employers saw an influx of undocumented workers and a corresponding rise in claims under the federal Longshore and Harbor Workers’ Compensation Act. The Florida bill, placing responsibility on employers that fail to verify authorization, is “interesting,” Mr. Brackett said, but the approach still could become “very messy,” particularly if employers argue they paid premiums expecting coverage. From a claims-handling perspective, according to Ms. Simpson, excluding undocumented workers would fundamentally change how the system operates. Claims professionals would need new tools to identify and confirm work authorization, she wrote, shifting claims handling from an “employee-advocacy” model to a more investigative posture. Because workers compensation is state-specific, such changes also would create inconsistent protocols, exposures and compliance obligations across jurisdictions. Removing eligibility may not reduce risk, Ms. Simpson added, but instead introduce new legal, medical and operational concerns. “Operationally speaking, the challenges of executing a system with this level of variation and detail would be more than complex,” she wrote. “It would also invite significantly higher regulatory, governmental and public scrutiny, increasing compliance costs and ongoing legal spend.” Workers comp was “never intended to function as an immigration enforcement mechanism,” said Margarita Santos Krncevic, of counsel at Cleveland-based firm law firm Benesch, who handles mostly employment and immigration matters. Efforts to exclude undocumented workers have repeatedly stalled, Ms. Santos Krncevic said, in part because of the complexity of immigration status. Workers may be authorized through a range of visas or pending asylum claims, and employers often cannot reliably detect fraudulent documents. “It’s putting an extra burden on employers to make that distinction,” she said. If those workers are excluded from workers compensation, she said, the costs do not disappear. “They’re going to end up in emergency rooms with no insurance,” she said. “Then the question becomes: Who bears that cost?”

February 3, 2026 Employers looking for help on how to structure their workplace safety and health programs just received a roadmap from OSHA’s new Safety Champions Program. The Assistant Secretary of Labor for OSHA, David Keeling, recently announced the launch of the voluntary, self-guided initiative outlining several core practices employers should incorporate into their workplace safety and health plans. Rather than another compliance checkbox, this program represents OSHA’s shift away from harsh enforcement-based compliance toward encouraging proactive risk management and prevention. While participation in the program doesn’t guarantee compliance with the law, it can provide a valuable roadmap to help elevate your company’s safety culture and reduce injuries and illnesses. Here’s everything you need to know about this new initiative and what it recommends. What Is The New Program? The  Safety Champions Program  is a free, self-paced blueprint designed to provide organizations of any size with tools to develop and implement comprehensive safety and health programs. It includes three progressive levels and employers may request an assessment from an OSHA “Special Government Employee” to gauge their progress. Unlike enforcement-driven compliance programs, the initiative is built directly on  OSHA’s Recommended Practices for Safety and Health Programs , and provides a practical roadmap for organizations seeking to improve their safety program. In describing the purpose of the new program, Keeling posted on  LinkedIn  that “it is vitally important that we at OSHA meet our constituents where they are.” He described OSHA as “constructively dissatisfied” with their current outreach programs and offerings. As a next step toward more proactive outreach, OSHA introduced Safety Champions. How Does the Program Work? The main tenets of the program are drawn from  OSHA’s Recommended Practices for Safety and Health Programs . These include: 1. Management Leadership  – Management commits to continuous improvement in safety and health, sets clear program expectations, and establishes responsibilities throughout the organization. 2. Worker Participation  – Workers are actively involved in all aspects of the safety and health program, from hazard identification to control measure selection and evaluation. 3. Hazard Identification and Assessment  – Ongoing processes systematically identify and assess workplace risks and potential hazards. 4. Hazard Prevention and Control  – Employers and workers cooperatively identify and select methods for eliminating, preventing, or controlling workplace hazards. 5. Education and Training  – Workers receive training on how the program works and understand their role in maintaining a safe workplace. 6. Program Evaluation and Improvement  – Control measures are periodically evaluated and refined to ensure their continued effectiveness. 7. Communication and Coordination  – For host employers, contractors, and staffing agencies, all parties commit to providing the same level of safety and health protection to all employees. Three-Step Process Rather than a one-size-fits all approach, the Safety Champions Program offers three steps that participants can pursue at their own pace and based on their needs: Introductory Step : Participants can assess their current safety and health practices against  OSHA’s Recommended Practices , identify gaps, and begin implementing basic safety program elements. This level is ideal for organizations beginning their safety journey or looking to establish foundational safety infrastructure. Intermediate Step : Organizations implement more comprehensive safety initiatives, enhance worker participation, and develop more robust hazard prevention and control measures. Advanced Step :  At this level, participants have integrated all seven elements into their organizational culture and demonstrate sustained commitment to safety excellence. Organizations at this level typically have strong safety metrics, continuous improvement processes, and worker engagement at all levels. A Word of Caution While the Safety Champions Program provides a valuable framework and structure for a safety program, it is important to recognize that participation alone does not eliminate workplace hazards, nor does it ensure compliance with all OSHA standards, or prevent employers from receiving OSHA citations. While the program provides an outline of a comprehensive safety and health program, it’s a starting point only. Your safety team must ensure that it translates the program into tangible protection for your workers. Getting Started: 5 Action Steps for Your Company If you are interested in participating in OSHA’s Safety Champions Program, here is how to begin: 1. Review Your Current Safety Program  – Assess your company’s existing safety and health policies, practices, and documentation. 2. Designate a Safety Leadership Team  – Assign clear responsibility for program management and implementation. Ensure workers are represented in the process. 3. Visit the OSHA Safety Champions Website  –To learn more about the program, access resources and register,  visit its website . 4. Determine Your Starting Point  – Decide whether to begin at the introductory level or, if your organization already has a mature safety program, consider starting at the intermediate or advanced level. 5. Develop Your Implementation Plan  – Create a timeline for addressing each core element, assign responsibilities, establish metrics for success, and plan periodic reviews of your progress.

January 29, 2026 Washington — OSHA is reminding employers of their Form 300A  posting requirement  that begins Feb. 1. Form 300A , a summary of work-related injuries and illnesses, must be displayed “in a conspicuous place or places where notices to employees are customarily posted” until April 30.  Employers who have 10 or fewer employees, including temporary or part-time workers, or those in  certain low-hazard industries  are exempt from the requirement.  Employers also must maintain injury and illness records for five years at their worksites, and provide copies, if requested, to current or former employees or their representatives.