Saturday, January 24, 2009

What is a "Translator Profile"

By Rick White, Language Intelligence Ltd.

Whatever your company’s product or service, preparing to globalize it requires collaboration with a localization vendor. Your chosen vendor will begin by focusing on the specific project specifications, but soon thereafter, the vendor will need to determine which translators are properly qualified to localize your content.

At Language Intelligence, to help us formalize this translator qualification process, we create and use translator profiles. A translator profile becomes an abstract representation of each linguist required for a given project. The profile portrays the attributes to look for in a translator when recruiting for a project.

The most significant quality assurance step taken on any translation project is assigning the proper resources. If the proper translation resources are not assigned to a project, all remaining quality assurance steps will be affected: editing, proofreading, reviews or audits, etc. In other words, if the original translation “product” is not accurately translated, all subsequent steps will be focused on correcting the translation rather than enhancing it. Obviously, this makes translator selection critical, and the construction of the translator profile becomes a logical and effective approach to translator selection.

PREPARING FOR A TRANSLATOR PROFILE

The ability to construct a translator profile is a significant skill, and the application of this skill will affect the outcome of a project. Based on this, anyone involved in sourcing or managing a translation project needs to be able to construct this profile. For example, we have a Vendor Manager who is responsible for qualifying and recruiting our overall resource pool, but our Project Managers also understand the concept of the translator profile, which helps ensure that the proper resources are applied at the project level.

At Language Intelligence, we create a translator profile based on detailed information about each specific client and project. The profile identifies criteria to look for in a translation resource, but it also provides us with a method of prioritizing the criteria.

Some of the priorities are immediately apparent: education, native language, professional achievements, accreditations in the source and target languages, awards, certifications, etc.

However, these criteria, while incredibly important, are only meaningful to us if we have spent the time to gather the information necessary to construct a thorough profile. Even though a translator might already have proven to be highly skilled, the manager responsible for recruiting must delve deeper into the translator’s product experience and knowledge, in order to appropriately assign jobs to the translator. The process then moves towards answering questions that relate specifically to understanding exactly what the client's needs are.

For the purpose of this article, we will create a hypothetical client and translation project. Let’s start with what we know: a client in the Medical Device industry has developed a new type of blood analyzer that they would like to market in the European Union. The client has a user manual and a software interface that needs to be translated.

And so we begin to develop an understanding of the client’s goals. The more a translation vendor can learn about a client’s reasoning behind globalizing their products, the better the vendor can choose the most appropriate resources.

Here are some of the most important questions a translation vendor can ask: Why is the client localizing this content? Which specific languages and locales are they targeting? What is the end product? Who is their target audience? What is the specific content requiring translation, and what is its intended use? Which steps in the translation process are necessary?

Let’s answer some of these questions for the fictitious client and begin to build a translator profile.

Question
Answer
Why localize? To establish new markets for their product.
Which language(s) and locales are required? French for France, German, Italian, and Spanish for Spain. (All European Union member countries and, therefore, subject to the regulations imposed by the E.U.)
What is the product? A new style of blood analyzer that functions the same way as traditional blood analyzers, but is smaller. Therefore, it might have broader distribution possibilities.
Who is the target audience? Doctors, RNs, and technicians in hospitals, doctor’s offices, and clinics.
What is being translated? User manuals explaining how to operate the analyzer, how to process the data, and how to use the accessory software.
Which localization steps are required (and therefore require a linguist)? Translation, edit, third party review, and DTP review/QA.

From this information, we can begin to construct the translator profile and decide which linguists are appropriate for the various steps of this project.

How do we ensure that we properly address the client’s desired image, audience, marketing plan, launch locations, etc. Based on the answers to the above questions, a second round of information gathering begins, with the goal of narrowing our focus to the detail required specifically for the profile. Should the translator live in-country? What subject matter expertise is necessary? Is it important that the translator have professional experience related to the subject matter aside from their related translation experience? Even the age of the translator may be examined. For example, if this were a marketing survey for a new soft drink geared towards the 18- 35 demographic, perhaps someone in-country and who falls within that age range themselves might be a better choice if it is clear that they have exposure to popular culture and advertising to their age group. Let’s look at the answers to these questions.

Question
Answer
Should the linguists live incountry? Since language evolves, at least one of the translators, likely the editor, should live in the relevant country.
What is the required subject matter expertise? Diagnostics, chemistry, pathology, software.
Does this translator need
an educational background related to this subject matter?
Relevant education credentials would be a plus, but it would not be the deciding factor when weighted against relevant experience and references.
Will age be a factor? Probably not in this situation.
Is related professional experience necessary? Yes, experience working with related clinical studies, diagnostic machines, or health care would be beneficial.

CONSTRUCTING A TRANSLATOR PROFILE

Combining the information we have gathered, we can now construct our profile and start the selection and recruitment process. The data we collected in the first round of questions will allow us to focus on relevant translation project experience listed on a translator’s resume. Since the blood analyzer is functioning in a similar way to traditional blood analyzers and does not introduce a dramatically new technology, we can assume that translators that have previously translated blood analyzer content will have relevant experience. We also know that we will need a translator that understands both software translation and medical device translation. This may be a single resource, if we’re lucky, but more than likely, this will be a separate linguist. Lastly, we know that we are going to have to recruit translators, editors, and reviewers. We might be looking for a resource that has experience working on these tasks specifically.

Looking at the answers to the second round of questions, we have learned that we will need to find at least one linguist in-country. We understand that education is important, but it will not be as critically weighted as previous experience translating this type of content (the translator selection trump card), or even professional experience.

Now that we know the criteria by which we will select our translators, how will we conduct the search? The next step is to create a list of keywords that we can use as search tools. In this instance, there are some keywords related to a translator’s education, translation experience, and other professional experience that can be found on resumes or CVs. We will be looking for certain keywords in each category. Using these keywords, we will identify translators currently existing in our resource pool, and then we will determine whether we will need to recruit for this project specifically.

Category
Keywords
Education Medical science, chemistry, pathology, IT, computer software technology
Translation Experience Medical Device, blood analyzer machines, automated testing systems, diagnostics, chemistry, pathology, clinical trial protocols, computer software, operator manuals, user manuals
Related Professional Experience Medical doctor, laboratory technician, physician’s assistant, RN, healthcare provider, software engineer, computer programmer, IT professional

At this point, the advantage of creating the translator profile will become evident through the ease of assigning and recruiting the translators. Likewise, the value will be further reinforced when the translation step is executed on schedule and the consecutive QA steps run smoothly.

Once the concept of the translator profile has been understood and incorporated into the planning step of every translation project, you will have addressed the most significant direct overall improvement to translation quality that can be made.

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Friday, January 23, 2009

Why do localization Projects Fail?

By Willem Stoller,
Welocalize

You know what I mean…

Jumping to conclusions, taking things for granted, we all have been there! Localization projects often run awry because of imprecise or implicit communications. In particular when it comes to deliverables (You need those html files compiled into a .chm?) and services to perform (You expect who to build this software?) for a particular project.

Extracting through dialog the true localization requirements from the client and managing client expectations over the course of the project are crucial activities for all Localization Project Managers. Some examples of those project requirements are:

  • What are the intermediate and final deliverables? A clear description of all intermediate and final project deliverables is crucial. Project deliverables include all product deliverables, plus project-specific items such as progress reports, defect reports, completed check lists, translation memories, glossaries, etc.
  • What is the timetable for all deliverables? How are the deadlines classified (desired, critical, etc.)? Sometimes we are dealing with very “hard” deadlines such as tradeshows and this increases project risk
  • What is the budget for the project? How are variances handled? Is this a “time and materials project” or a firm, fixed-cost one? This should also cover setting clear expectations about change orders.
  • What is the budget for the project? How are variances handled? Is this a “time and materials project” or a firm, fixed-cost one? This should also cover setting clear expectations about change orders.

There is more to communication than that; during project execution it is important to communicate clearly what is required from each team member. Failing to do so results in rework, unassigned activities and general frustration among the team members. That brings us to our next topic...

NO TIME TO PLAN…

You have spent substantial time negotiating requirements, budgets and deadlines. Now the deal is closed and both vendor and client want to get on with the project and start the translation activities. In most cases your deadlines are already tight to start with and the last thing you want to do spend some more time on planning activities before delving into translation. It is very tempting, but the knowledge that most projects fail due to either misunderstood requirements or lack of planning ought to make you think twice.

Now is the time to complete planning in terms of project approach, resource allocations, deadlines for all intermediate deliverables, risk management, etc.

This is best done through a detailed project plan that can serve as:

  • A roadmap for everyone involved, i.e. the stakeholders, in the project. It will outline project phases, and it will indicate how activities and milestones within the phases are dependent on each other. Additionally, it will document the deadlines for all project deliverables.
  • A clear description of each stakeholder’s responsibilities. I like using a Linear Responsibility Chart (a table with the left column identifying all project deliverables and the rest of the columns identifying each stakeholder). The cross-section of the two columns specifies one or more of the following responsibilities of each stakeholder for a project deliverable: create, review, approve or not applicable.
  • A metric against which to measure project performance in terms of progress, money spent and quality. A baseline schedule in Gantt chart format provides a simple way to compare planned versus actual performance. Cumulative budget versus actual cost comparisons provide good indicators of financial performance.

I hear you saying: “I have no time to write a 50-page project plan” and you are right. The amount of detail to be covered in the project plan is a function of:

  • Number of stakeholders, in particular team size
  • Complexity of project and product
  • Localization maturity of client
  • Number of deliverables
  • Use of new technology

For most localization projects a well thought-out MS Project schedule complete with resource assignments, notes describing deliverables and constraints and all budgetary information will be enough documentation.

Also, during this planning phase you can do some activities in parallel such as the preparation of translation kits, glossary translation, initial client reviewer meetings, etc.

Now you might think once I understand the requirements and I have done my planning homework it will be smooth sailing? The next topics will highlight some other reefs you might shipwreck on.

SLIP SLIDING AWAY…

As a vendor project manager you have a number of conflicting objectives:

  • Keep your client happy and meet his/her expectations in terms of deadlines, quality and budget
  • Keep your own management happy in terms of gross margin per project and overall throughput in terms of projects

One of the easiest ways to please the client is to accept any and all changes with a smile and can-do attitude. Follow this line of reasoning and you will soon meet your nemesis scope creep, resulting in missed deadlines, lowered margins and general dissatisfaction both for your client and your own management.

How can we have a “can do” attitude and still keep control over the scope of your project? If you did a good job on defining requirements and initial project planning you will start your project with a well-defined scope. To keep this scope under control requires a formal procedure for approving any change to the original scope of the project; not doing so is setting yourself up for failure.

Scope control on localization projects involves:

  • During the proposal and planning phases discuss in detail how change will be managed through change orders.
  • For each scope change generate a timely Change Order. The key here is timely: as soon as a scope change has been requested and not at the end of the project!
  • Communicate, discuss and obtain approval for each change order based on its impact on project objectives (schedule, budget, functionality and quality)
  • Use version control software and translation memory to keep track of versions of source files and localized files.
  • Also using a tool to manage resource allocations across all project (e.g. MS Project Server) helps you to assess the impact of scope changes on your own and other projects.

The most common scope changes involve: updated source files, additional locales and additional deliverables. In some situations it is better to treat the request as a new project instead of a change order, especially if this request involves new deliverables.

A good rule to remember is that your project scope should include everything that is essential to meet project objectives and nothing else.

THE REVIEWER: A REBEL IN DISGUISE?

Our last failure scenario is unique to localization projects: The role of client reviewers and their potential impact on the project. For most localization projects one of the final project milestones is formal acceptance of the product deliverables by your client. Typically there will be one or more reviewers for each localized version of the product.

Unlike software development projects, localization and translation projects have subjective quality requirements due to the nature of natural language. In particular terminology and style are subjective and mostly determined by the client reviewer’s preferences.

It is critical to capture correctly the terminology and style requirements as seen by the Client’s reviewers early in the project and subsequently managing those Client reviewers’ expectations.

During the planning phase of the project you need to get client reviewers identified and you should develop a trust relation with these reviewers. Often you are dealing with sales or marketing staff in country that got saddled with the review responsibility on top of their normal duties.

More dangerous to your project are those reviewers who do not accept “corporate control” over product localization. They will not like your localization because they had no say in the original English version and they feel that their particular market deserves a much greater degree of locale adaptation than that corporate management is willing to pay for. This situation presents itself in particular for marketing and training materials (web or off-line). As a localization project manager you might stumble into such a corporate minefield and find that localization quality is used as a weapon in the struggle for control between different parts of the client organization.

It is next to impossible to recover from such a failure scenario, therefore during the planning phase adequate time needs to be spent on the role of the reviewers. Clearly defining the review process and assuring the early involvement of these reviewers in determining terminology and style is your best bet in avoiding this potential minefield.

IN CLOSING…

Localization project management requires a very pro-active “can do” attitude combined with strong analytical skills. The complex task of localization project management is best illustrated in the diagram below:

The complex task of localization project management


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Thursday, January 22, 2009

The Proper Care and Feeding of Humans: Human Resources Basics for Translation Companies

By Kim Vitray,
Operations Manager,
McElroy Translation,
Austin, Texas 78701 USA
http://www.mcelroytranslation.com/

Let’s begin by examining the first step in the life of an employee - recruitment. The three recruitment tools that have proven most effective in my environment (a 45-employee company in a large metropolitan area) are (1) filling a position from within, via an inhouse posting; (2) asking current employees about potential candidates they may know; and (3) advertising in the Sunday edition of the local newspaper (which includes a web posting for seven days). Other recruitment tools may be more effective in your environment, or depending on the position to be filled. An inhouse posting is best when the position you are filling requires someone who is already familiar with your company’s or department’s processes and workflow, and the position that may then become vacant may be easier to fill, or to fill from outside. Your current employees are also very good sources - because they know both the potential candidates and the company, they will know whether they are good matches. And a well-written ad will generate the maximum number of qualified responses.

Job Description

Speaking of that well-written ad, its basis is a well-written job description. A written job description accomplishes many purposes: clarifies what kind of person should be hired, communicates the job responsibilities and requirements to that person, and provides a tool against which performance can be evaluated. A good job description has five parts: (1) job summary, (2) essential duties, (3) qualifications, (4) education and experience requirements, and (5) general working conditions and physical requirements. The job summary should give the position’s primary responsibilities in one or two sentences. The essential duties should be in bullet format and identify in specific detail all the job duties entailed in meeting the primary responsibilities. Include a final bullet that says “performs other tasks and cross-trains with other positions as assigned,” so that there can be some flexibility within the position. Qualifications, also in bullet format, include such things as organizational ability, computer skills, written and oral communication skills, or the ability to multi-task, exercise judgment, or work with interruptions. Be thoughtful about identifying the education and experience requirements necessary for the position. Is a degree necessary? What kind? Will work experience substitute? What kinds of work experience? How many years? General working conditions and physical requirements should list, for example, ambulatory or lifting requirements, the hand-eye coordination, dexterity, and visual acuity required for computing, stress related to responsibility and authority, or the potential for extended or irregular hours. Finally, have a pay range in mind. Software packages are available to help you draft job descriptions, and another very good resource is the Society for Human Resources Management (SHRM, www.shrm.org).

Newspaper Ad

Now that a good job description is written, preparing a newspaper ad is easy. Be sure to have an attention-getter opening line, one that will cause the reader to be interested in your business and the position. Then describe the primary duties and qualifications as succinctly as possible. List the hours, pay range, and benefits - if you don’t list the pay range, you will screen many more résumés than necessary from candidates whose expectations you cannot meet. Finish by telling candidates exactly how to apply (e.g., cover letter with salary requirement and résumé via email).

Hiring Process

Define your hiring process, based on the position. For instance, when we recently hired a proofreader, we used the following process: (1) HR screened 200 incoming résumés; (2) the Editing Manager reviewed approximately 60 résumés that passed HR screening; (3) the Editing Manager distributed a proofreading test to the 10 best candidates; (4) the Editing Manager interviewed the top five candidates based on the test responses and results; (5) HR called the references of the two candidates remaining after the interviews; (6) the Editing Manager made a decision and offer, which was accepted; and (7) HR sent thank-you letters to all the interviewees. The screening criteria for the initial 200 résumés were (1) appropriate education, skills, and experience given in the résumé, (2) good English language skills (and no typos!) in the cover letter, (3) a pay expectation close to the range given in the newspaper ad, and (4) adherence to the instructions for applying. Although the person who dropped off a paper résumé in person meant well, her inability to follow instructions and the inconvenience caused by providing paper instead of an electronic file, given the volume of résumés and the time involved in screening, caused her to be screened out rather than in.

Behavioral Interviewing

If you haven’t heard of behavioral interviewing or don’t know much about it, make the time to find out. No matter how experienced you become at interviewing, you’ll still make mistakes, but behavioral interviewing techniques will minimize them. Behavioral interviewing is based on the assumption that past performance is a good indicator of future performance.1 Instead of asking a candidate what their skills are or how they would handle a particular situation, ask for specific examples of how they have used their skills or how they have handled that situation. Behavioral questions begin with such phrases as: Tell me about a time when… Give me an example of… Describe for me… How did you handle a situation where… What did you do when…. The other key point with behavioral interviewing is to tolerate silence. When the candidate says they cannot think of an example, insist (in a friendly manner and tone) that you are sure they can think of one and that you don’t mind if they take a few minutes to think about it. Asking the best kind of question will only work if you wait for the best kind of answer!

What You May Not Ask

There are certain issues you cannot ask about in an interview, and the basic rule is if it’s not job related, you can’t ask it. Topics that you cannot ask about include race, color, religion, creed, national origin, citizenship (although you can ask if they are legal to work in the U.S.), sex, marital status, name, age, birthplace, disability or handicap (you can ask if they can meet the physical requirements in the job description), criminal history (you can ask if they have ever been convicted of a felony), or language (unless it is job related, which may certainly be the case for those of us in the translation industry).

Other Interviewing Tips

Plan your questions in advance, in writing. Ask every candidate all of the questions; however, try to do this within the context of how the discussion unfolds naturally, rather than starting at the top and going down the list in order. Always allow the candidate ample time to ask questions, but only after you have finished asking yours (otherwise, the candidate may tailor his answers to what he believes you want to hear). A question I often end with is, “What are the last three books you’ve read?” because it brings the interview to a friendly, light-hearted moment that makes a good transition to the candidate’s questions. Do take notes during the interview, but be sure that everything you write is job related and professional. Most states require that all solicited résumés and application materials be kept for one year, but you should check your state’s requirements.

Calling References

Use only professional (not personal) references, preferably supervisors rather than HR staff, and contact at least three of them by telephone. You will learn a lot from their responsiveness (or lack thereof) and their tone and word choice. At the very least, confirm dates of employment, position held, ending wage or salary, and reason for leaving. If the reference is willing, also ask about the candidate’s quality of work, work habits, dependability, initiative, problem-solving and decision-making ability, interpersonal skills, and computer skills.

Orientation

Your great new employee is finally on board, so an orientation session on their first day is your next step. Some of the issues to be covered in this session are the W-4 and I-9 forms, your employee handbook and company policies, a confidentiality agreement, benefit information, and COBRA and HIPAA notices (more on these later).

Employee Handbook

In today’s litigious society, having an employee handbook is more important than ever. It will also save you time and trouble, in terms of answering questions, making decisions, and taking actions fairly and consistently. Typical employee handbook topics include policies (customer service, workplace harassment, computer and email use, problem resolution), employment (definition of full- and part-time, introductory period, performance evaluations), compensation (recordkeeping, pay periods and procedures, overtime), benefits (medical, dental, COBRA, HIPAA, 401(k), time off, holidays), conduct (attendance, smoking, termination, personal business), and rules (security and safety, substance abuse, workplace violence, concealed weapons). You may also wish to include a welcome letter, including your company’s mission statement if there is one, and company history. Your state workforce commission and SHRM are great resources for template handbooks, and you should have your handbook reviewed by an HR professional and an employment attorney. Give new employees 24 to 48 hours to review the employee handbook, and then obtain a signed acknowledgment that they have received, read, and understand and will abide by it. This acknowledgment statement is also a good place to reiterate that your handbook does not constitute a contract of employment; an employment attorney can help you with this language. Finally, try to review and update your employee handbook yearly.

Performance Evaluations

The next step in the employment process will be to evaluate the performance of your newly hired and oriented employee. This should be done at the conclusion of a 90-day introductory period, at six months, at one year, and then at least annually thereafter (although semiannually would be better!). Why? How else will they know how they’re doing, what’s going well, what needs improvement, what you expect, where they can grow, what opportunities are available, and how they can succeed? Every employee deserves at least once a year an investment of your time, effort, and personal attention in an honest and formal evaluation of their performance. Preparing the evaluation properly and well will take considerable time and energy to be specific, accurate, and complete. These evaluations should be in writing, and should include a self-evaluation by the employee. If the employee being evaluated is a manager, consider soliciting anonymous feedback from his or her reports (I use a software/web package called AllPoints Feedback for this (www.allpointsfeedback.com), and others are available). This process works best if the written evaluation and self-evaluation are exchanged the day before a scheduled meeting, so that both parties have time to reflect on the feedback and to prepare to discuss it. Set aside plenty of time for this meeting, and do not allow it to be interrupted.

Following are some key points to keep in mind regarding performance evaluations:

  • When documenting a behavior, whether positive or negative, give at least three specific examples of that behavior. When the behavior is negative, the point is not to humiliate the employee with a litany of mistakes, but to make the point that her performance has been tracked and that you have a basis for the statements you’re making about her performance. Then place more emphasis on the future than the past.
  • Avoid “always” and “never.” Don’t say “Employee X is always late for his shift” unless that is absolutely true. It’s probably more accurate and better to say, “Employee X was late for his shift at least two times per week during the last three months.”
  • Nothing should be a surprise. If something in the evaluation, particularly constructive feedback, is being heard by the employee for the first time, you’ve not done your job during the year.
  • Be timely. Not being timely sends a message to the employee that the evaluation isn’t important and you don’t care about them.
  • Try to list as many accomplishments as possible - it’s a strong moment when you can come up with more of these than the employee can.
  • Ask outright for what you want to be different.
  • Ask what you can do differently, better, or more of.
  • Be as polite, respectful, and positive as possible; be very aware of your body language and tone, in addition to your words.

I keep a file folder (not their official personnel file) for each employee, and every time there’s a problem, question, comment, accomplishment, or communication regarding that employee I put a copy of it or note about it in the file. Then at the end of the year I don’t have to rely on my memory and have a lot of good information to refer to in preparing the evaluation. If you do this, however, consider that everything in this file, as well as the employee’s official personnel file, including their written evaluations, may appear in court one day. This will help keep you absolutely honest, accurate, objective, and professional.

Performance evaluation template forms are commonly available, but should be modified to be specific to your organization or even the particular position being evaluated. Our typical written annual performance evaluation includes the following sections: responsibilities; accomplishments; job knowledge, performance, and productivity; dependability, cooperation, and initiative; work environment and safety; overall performance; and action plan. If the employee being evaluated is a manager, we usually add these categories: managerial skills, communication skills, problem solving and conflict resolution, administrative skill, and time management.

Performance Problems

When your employee experiences a patterned performance problem or slump, assume there’s a reason and try to find out what it is. Employees don’t intend to perform poorly or have problems, and my experience is that it’s most often the result of a non-work issue. Our approach is to support the employee however we can (flexible hours, reduced hours, time off, referral to counseling, financial assistance) but at the same time focus on a return to the desired performance level within a reasonable timeframe.

Progressive Discipline

I have had quite a bit of success with simply inviting an employee with a performance problem to help me avoid the disciplinary process. But when that doesn’t work, you’ll need to implement progressive discipline. The typical progressive discipline process is (1) an oral warning for a first offense, (2) a written warning for a second offense or lack of improvement, (3) suspension for a third offense or lack of improvement, and (4) discharge for a fourth offense or lack of improvement. Clear documentation during this process is extremely important.

Personnel Files

An employee personnel file should contain (1) pay/status change forms, (2) time off forms, (3) performance evaluations and training documentation, (4) the W-4 form, and (5) application information, confidentiality agreement, and handbook acknowledgment. The following information should not be kept in personnel files, and should be kept separately from each other: (1) benefit information, (2) I-9 forms, and (3) payroll records. Although there are many good reasons for the segregation of this information, the primary reasons are to protect personal health information and other personal data, and to limit the information available to strictly what is required should you be subject to a compliance audit or investigation. These files should all be kept in a locked cabinet, and retained as required by federal, state, and local laws.

Termination (Voluntary)

Every employee will eventually resign, if their termination is not caused by some other event. You should always obtain a dated and signed resignation letter that includes the date of the last day of employment. If possible, hold an exit interview, conducted by someone in HR (even if you have to contract with a consultant) who did not directly work with or supervise the employee. During the exit interview, ask about general employment matters (hours, responsibilities, workload, advancement), training, pay, supervision, and reason(s) for leaving. You will also need to provide COBRA information and forms.

HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a rule designed to ensure the privacy of protected health information (PHI). This Act primarily impacts health care providers and insurers, but also affects employers that sponsor group health plans. The deadline for compliance was April 14, 2003 (or 2004, depending on the size of the health plan), so if you have never heard of or don’t know much about HIPAA, contact your insurance broker or representative for information, forms, and assistance. At the very least, you may have to provide a Notice of Health Information Privacy Practices at new-employee orientation and include it in your employee handbook, sign HIPAA Privacy Business Associate Agreements with the various insurance or benefit entities you contract with, and have Individual Authorization for Use and/or Disclosure of PHI forms available if an employee requests your assistance with a matter that involves PHI. Depending on your particular situation, you may also be subject to other compliance requirements.

COBRA

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuance of group health coverage (at the employee’s election and expense) after certain “qualifying events” that would otherwise result in the loss of coverage, such as termination, reduction of hours, death, divorce, or Medicare eligibility. The continuance in the case of termination is usually up to 18 months, although there are varying lengths of continuance according to the different qualifying events and other circumstances. Your state may also have a program for continuing coverage beyond the federal requirement. Again, your insurance broker or representative may be able to help; or you can contract with a company that provides COBRA administration. Revised regulations regarding when and how you must give notice and the formats of model notice forms will take effect November 26, 2004, so be sure you are ready for these changes.

Conclusion

Don’t despair - it is possible to fulfill the HR function in your company even if you are small or growing. Independent consultants are available, who can be contracted with on a per-hour, per-project, or retainer-type basis, and you can find these consultants through the local chapter affiliate of SHRM. Look for a consultant with a PHR (Professional in Human Resources) or SPHR (Senior Professional in Human Resources) certification, which indicates that they have a certain amount of education, testing, and experience in the field. You can also obtain HR (and other) services through a Professional Employer Organization (PEO). Then, when you are ready, add a qualified part-time or full-time HR representative to your staff. Because handling the HR function well will protect your most important asset, and save you time, trouble, and money in the long term. This paper is intended to provide accurate and authoritative information regarding the subject matter covered. Neither McElroy Translation nor the author are engaged in rendering professional HR or legal services. If legal or expert HR assistance is required, the services of a competent, licensed professional should be sought.

Notes

1 Human Resource Essentials, by Lin Grensing-Pophal (Alexandria, VA: Society for Human Resources Management, 2002), pg. 42.
2 Ibid, pp. 44-45.

This article was published in the September 2004 issue of The ATA Chronicle, Volume XXXIII, Number 9.

Originally published in the ATA Chronicle

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