FORM I-9 & WORK INJURY REPORTING

Presented by Human Resources

FORM I-9

•Established in 1986, through the Immigration Reform and Control Act (IRCA).

•Forbids employers from knowingly hiring individuals who do not have work authorization in the U.S.

WORKING IN THE U.S.

Individuals who may legally work in the United States are:

• Citizens of the U.S.

• Noncitizen nationals of the U.S. (i.e. Born in American Samoa or Swains Island)

• Lawful Permanent Residents. (i.e. Resident Aliens)

• Aliens authorized to work. (i.e. Non-citizens)

EMPLOYMENT VERIFICATION

To comply with employment eligibility provisions established by law, employers must:

• Verify the identity and employment authorization documents of employees hired after November 6, 1986.

• Complete and retain a Form I-9 for each employee hired after November 6, 1986.

• Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status.

PREVENTING DISCRIMINATION

The anti-discrimination provisions, enforced by the Department of Justice, prohibit four types of unlawful conduct:

• Citizenship or immigration status discrimination*

• National origin discrimination*

• Document abuse during Form I-9 process

• Retaliation

* Actual or Perceived

COMPLETING FORM I-9

FORM I-9 REQUIREMENTS

All U.S. employers must have a Form I-9 on file for all current employees.

• Exception: Employers are not required to have Form I-9 for employees hired on or before November 6, 1986.

• Human Resources has delegated authority to complete Form I-9 to university hiring managers.

FORM I-9 EXCEPTIONS

You are NOT required to complete Form I-9 for:

• Casual domestic service employees in a private household when work is sporadic, irregular, or intermittent.

• Independent contractors for whom you do not set work hours, or provide tools to do the job.

• Employees working outside the U.S.

LIST OF ACCEPTABLE DOCUMENTS

• Use most current version of Form I-9

• You must make the List of Acceptable Documents available to your employee when they are completing the Form I-9

The employee MUST provide:• One document from List A

OR• One document from both

List B AND List C

SECTION 1: EMPLOYEE INFORMATION

•To be completed by Employee.•Employer MUST verify Section 1 is complete.

SECTION 1: PREPARER/TRANSLATOR CERTIFICATION

• This certification is required when Section 1 is prepared by someone other than the employee.

• By signing, the preparer is attesting that Section 1 is true and correct to the best of their knowledge.

• Note that only the employee can sign the Section 1 Employee Signature Block.

SECTION 2: EMPLOYER CERTIFICATION OF DOCUMENT REVIEW

• Section 2 is completed by the employer.

• MUST be completed no later than 3 business days after the employee begins work for pay.

• Employer MUST examine original documents.

• Documents MUST be unexpired.

SECTION 2: EXAMINING DOCUMENTS

•You are not required to be a document expert.

•You MUST accept a document presented by an employee if it reasonable appears to be:

• Genuine; AND,

• Relates to the individual presenting it

•The document MUST be original* – photocopies are NOT acceptable

* Except certified copy of a birth certificate

SAMPLE DOCUMENTS

• Passport

SAMPLE DOCUMENTS

• Passport Card

SAMPLE DOCUMENTS

• Permanent Resident Card

SAMPLE DOCUMENTS

• State Issued Driver’s License and ID Cards

SAMPLE DOCUMENTS

• School ID card with photograph

SAMPLE DOCUMENTS

• Social Security Card

SAMPLE DOCUMENTS

• Birth Certificate

SECTION 2: RECEIPT RULE

• Receipts may be used as a temporary proof of employment eligibility when a List A, B, or C document has been lost, stolen, or damaged.

• The receipt must be issued by the originating authority.

• The employee must present a replacement document within 90 days of the hire date.

• A receipt indicating that an individual has applied for an initial employment authorization document or for a renewal of an expiring document is NOT acceptable.

• Receipts are never acceptable for employment lasting less than 3 business days.

SECTION 2: COPYING DOCUMENTS

You may choose to make copies of employee documentation presented to you for Section 2.

• If you choose to photocopy documents, you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status, or you may be in violation of anti-discrimination laws.

•Because UNC uses E-Verify all I-9 documents will need to be photocopied and provided to HR along with the Form I-9.

SECTION 3: REVERIFICATION

•You MUST reverify an employee using Section 3 if their temporary employment authorization has expired.

CORRECTING FORM I-9

Correcting Mistakes

If you discover a mistake on Form I-9, correct the existing form – line out the incorrect portions, enter the correct information, and initial and date the correction.

OR

Prepare a new Form I-9 and retain the old form. You should also attach a short memo to both the new and old forms stating the reason for your action.

CORRECTING FORM I-9

Missing Forms

If you discover you are missing the Form I-9 for an employee:

• Immediately provide the employee a Form I-9.

• Allow employee 3 business days to provide acceptable documents.

• DO NOT backdate the Form I-9

I-9 QUIZ

Question 1

Identify the document that is an acceptable List B document for Form I-9 purposes:

A) French Passport

B) Canadian Driver’s License

C) Sandwich Club card from local deli

D) Hospital-issued Birth Certificate

I-9 QUIZ

Question 1

Identify the document that is an acceptable List B document for Form I-9 purposes:

A) French Passport

B) Canadian Driver’s License

C) Sandwich Club card from local deli

D) Hospital-issued Birth Certificate

I-9 QUIZ

Question 2

The document provided by the employee is obviously a fake document. Your response should be:

A) Complete the Form I-9 and say nothing to the employee because you’re not required to be a document expert.

B) Tell the employee that you cannot accept the document.

C) For a social security card – contact the Social Security Administration, for a Passport – contact the Dept. of State. All other documents, contact Dept. of homeland Security.

D) Complete the From I-9 and include a memo noting the concern for future audits.

I-9 QUIZ

Question 2

The document provided by the employee is obviously a fake document. Your response should be:

A) Complete the Form I-9 and say nothing to the employee because you’re not required to be a document expert.

B) Tell the employee that you cannot accept the document.

C) For a social security card – contact the SS Administration, for a Passport – contact the Dept. of State. All other documents, contact the Dept. of Homeland Security.

D) Complete the From I-9 and include a memo noting the concern for future audits.

I-9 QUIZ

Question 3

It is best practice for employers to tell new hires to bring their driver’s license and social security card or birth certificate with them on their first day of work in order to timely complete Form I-9.

A) True

B) False

I-9 QUIZ

Question 3

It is best practice for employers to tell new hires to bring their driver’s license and social security card or birth certificate with them on their first day of work in order to timely complete Form I-9.

A) True

B) False

I-9 QUIZ

Question 4

As the one completing the Form I-9 on behalf of UNC, you must attest, under the penalty of perjury, that you have examined the documents presented, that the documents appear to be genuine and relate to the employee, and to the best of you knowledge the employee is authorized to work in the U.S.

A) True

B) False

I-9 QUIZ

Question 4

As the one completing the Form I-9 on behalf of UNC, you must attest, under the penalty of perjury, that you have examined the documents presented, that the documents appear to be genuine and relate to the employee, and to the best of you knowledge the employee is authorized to work in the U.S.

A) True

B) False

I-9 QUIZ

Question 5

May an employer request – so long as it does not require – that all lawful permanent residents provide their “green card” (aka. Form I-551) as proof of identity and work authorization for the From I-9?

A) Yes

B) No

C) Yes, but only if the employer assisted the employee in obtaining permanent residence.

D) Yes, but only if the employee is paid hourly.

I-9 QUIZ

Question 5

May an employer request – so long as it does not require – that all lawful permanent residents provide their “green card” (aka. Form I-551) as proof of identity and work authorization for the From I-9?

A) Yes

B) No

C) Yes, but only if the employer assisted the employee in obtaining permanent residence.

D) Yes, but only if the employee is paid hourly.

QUESTIONS ABOUT THE I-9 PROCESS?

WORKPLACE INJURY REPORTING

•Workers Compensation Act of Colorado was established in the early 1900’s due to growing numbers of injuries due to the industrial revolution.

•Purpose – Speedily and justly compensate employees for injuries occurring during the performance of their jobs and to insure employers liability for injuries to their employees.

•All work-related injuries MUST be reported to Human Resources within four working days.

REQUIRED NOTICES

IF YOU ARE INJURED ON THE JOB, WRITTEN

NOTICE OF YOUR INJURY MUST BE GIVEN

TO YOUR EMPLOYER WITHIN FOUR

WORKING DAYS AFTER THE ACCIDENT,

PURSUANT TO SECTION 8-3-102(1) AND (1.5),

COLORADO REVISED STATUTES.

IF THE INJURY RESULTS FROM YOUR USE

OF ALCOHOL OR CONTROLLED

SUBSTANCES, YOUR WORKERS'

COMPENSATION DISABILITY BENEFITS MAY

BE REDUCED BY ONE-HALF IN

ACCORDANCE WITH SECTION 8-42-112.5,

COLORADO REVISED STATUTES.

WHAT DOESN’T WORKERS COMPENSATION COVER

• Injuries caused by intoxication or drugs

• Self-inflicted injuries

• Injuries from a fight started by the employee

• Injuries resulting from horseplay or violation of company policy

• Felony-related injuries

• Injuries suffered while off the job

• Injuries claimed after an employee is terminated or laid off

• Injuries to an independent contractor

FIRST REPORT OF INJURY

• Injured employee MUST complete a ‘First Report of Injury’ form and submit it to Human Resources. (Form located on UNC’s Human Resources webpage under “HR Forms”)

• If the injury is life or limb threatening, the employee or supervisor should call 911 and request medical assistance, even if the employee does not request or states they don’t need medical assistance.

• Employee can refuse transport by ambulance but will need to sign a release form, which will reduce the University’s liability.

FIRST REPORT OF INJURY

DOCTOR’S LOCATIONS

• Once the First Report of Injury form has been submitted to Human Resources, the employee will be offered two locations to see a doctor:

• Workwell Occupational Medicine 2528 W. 16th Street Greeley, CO 80634

• Family Physicians of Greeley 6801 W. 20th Street, Ste. 101 Greeley, CO 80634

• Employee will sign a notice stating they received the locations of both doctor’s offices.

• This form, along with the First Report of Injury form, is submitted to Pinnacol Assurance to begin the Workers Compensation process within 10 days from when the injury occurred.

AFTER THE CLAIM IS FILED

•Keep in touch with the injured employee – Usually the longer the employee is away from work, the more difficult it is to come back to work, both physically and psychologically.

•Let the employee know you and the team is looking forward to them coming back to work and what they contribute to the team.

•Employer MUST work with doctor recommendations to get the employee to return to work as soon as possible, even with modified work duty.

REDUCING REOCCURRING INCIDENTS

•Track the types of Workers Compensation claims your employees typically make.

•Evaluate what is causing the frequent injuries.

•Ask employees what can be done to help alleviate on the job injury risks.

•Offer training to educate and create awareness for the most common, reoccurring incidents.

WORKERS COMPENSATION QUIZ

Question 1

It is never a good idea to place an injured employee on a modified work assignment.

A) True

B) False

WORKERS COMPENSATION QUIZ

Question 1

It is never a good idea to place an injured employee on a modified work assignment.

A) True

B) False

WORKERS COMPENSATION QUIZ

Question 2

You should report minor injuries to HR and the insurance provider.

A) True

B) False

WORKERS COMPENSATION QUIZ

Question 2

You should report minor injuries to HR and the insurance provider.

A) True

B) False

WORKERS COMPENSATION QUIZ

Question 3

Which situation qualifies as a compensable injury under Workers Compensation laws?

A) Factory worker breaks arm while shoveling snow at home.

B) Teacher is injured in car accident while on the way to work.

C) An engineer, who is an independent contractor, has a ladder fall on their head while working on a construction site.

D) Secretary injures wrist while picking up boxes at work.

WORKERS COMPENSATION QUIZ

Question 3

Which situation qualifies as a compensable injury under Workers Compensation laws?

A) Factory worker breaks arm while shoveling snow at home.

B) Teacher is injured in car accident while on the way to work.

C) An engineer, who is an independent contractor, has a ladder fall on their head while working on a construction site.

D) Secretary injures wrist while picking up boxes at work.

WORKERS COMPENSATION QUIZ

Question 4

__________ is currently one of the “Top 10 Most Common Workplace Injuries”:

A) Slips, Trips, & Falls

B) Being Struck by Object

C) Repetitive Motion Injuries

D) Overexertion

WORKERS COMPENSATION QUIZ

Question 4

__________ is currently one of the “Top 10 Most Common Workplace Injuries”:

A) Slips, Trips, & Falls

B) Being Struck by Object

C) Repetitive Motion Injuries

D) Overexertion

QUESTIONS ABOUT WORKERS COMPENSATION?

THANK YOU!Contact Us

UNC Human ResourcesCarter Hall – Room 2002

970-351-2718