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2022 OSHA Year in Review

OSHA was very well-funded and staffed throughout 2022, and they kept themselves busy. There were plenty of Regional Emphasis Programs (REPs) in region 5 (which includes Ohio), including grain handling, demolition, powered industrial vehicles, tank cleaning operations, and hearing conservation – plus a National Regional Emphasis program on Heat Illness.

While many businesses had largely forgotten about COVID protocols and safety measures by 2022, certain sectors of the healthcare industry were still under the agency’s microscope this year. The measures aimed at healthcare employers are “advisory” in nature, not considered standards or regulations. Still, OSHA did renew their focus on inspecting healthcare facilities from March through June 2022. The short-term initiative was directed at healthcare facilities that treat or handle COVID-19 patients, like hospitals and skilled nursing facilities. With surges still occurring, we could see more of these focused inspections in 2023.

A number of National Emphasis programs were also issued, including one for Heat Illness. This issue has become a top priority over the last few years, due to climate change creating unbearably hot conditions for both indoor and outdoor workers.  OSHA published an Advance Notice of Proposed Rulemaking back in October 2021, with an extended comment period through late January 2022. In simpler terms, they’re indicating that a standard is being considered and took the opportunity to seek input from employers, industry groups, NIOSH, etc. As of now, worker protection from heat injury and illness falls under the General Duty Clause. However, OSHA has faced several legal challenges in trying to use that catch-all for heat illness, since a judge declared that the General Duty Clause lacks “specific, authoritative thresholds” for heat exposure. 

Site-Specific Targeting was another OSHA initiative to keep employers on their toes this year. This is a programmed inspection initiative for non-construction employers with over 20 employees.  Targeted establishments can include those with increased DART rates, upward-trending rates, non-reporting companies, and yes – even a few with downward-trending rates “to confirm quality control and data accuracy.”

Finally, OSHA put another reporting change in place that employers will need to adjust to. The email used for your Injury Tracking Application (ITA) account must match the email address used for your login.gov account, so that the two can sync. Luckily, they’ve put out plenty of instructional info since this is likely to confuse some folks. You can watch a video, or follow along with this PDF. You’ll have to complete this before you’re able to access the ITA to submit your 2022 (calendar year) data.

If you have any questions about these changes and how they impact your business, don’t hesitate to reach out to your Spooner safety rep, or your client services manager.

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Update on Non-Compete Ban for 2025

Posted By Brandy King
December 16, 2024 Category: Non Compete, Employment Law, Non Solicitation Agreement, Ohio

FTC’s Non-Compete Ban Blocked, But Gray Area Remains In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was  struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule. A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two. Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.” Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.” For now, bo

Benefits Recap: Reminders for 2024 & Changes for 2025

Posted By Brandy King
December 16, 2024 Category: Contribution Limits, Employee Benefits, Retirement Plans, HSA, FSA, ACA

ACA Updates & Reminders It’s almost time for ACA reporting! There aren’t any major changes this year, but here are some items to be aware of for the 2024 tax year. The employee distribution deadline for the 1095-C forms is March 3, 2025. Since the 2023 tax year, the IRS requires all employers with more than ten (10) forms to report electronically. Employers can complete this either directly through the IRS website or through a third-party provider. Corrected forms are also required to be submitted electronically. If you’re submitting 10 or fewer forms, you can still file on paper. The deadline for this is February 28, 2025. The deadline for e-filing 1095-C and 1094-C forms to the IRS is March 31, 2025. Keep in mind that there could be additional ACA state reporting requirements for your organization with differing deadlines. The states to pay special attention to are California, New Jersey, Massachusetts, Rhode Island, and the District of Columbia. Updated penalties and affordability percentages. The ACA penalizes Applicable Large Employers (ALEs) that don’t offer what’s considered affordable coverage to full-time employees (FTEs). The affordability percentage is the maximum amount of an employee’s pay that “Employee Only” coverage can cost the employee in order to be considered affordable by ACA. For 2024, that percentage is 8.39%. The affordability percentage will jump to 9.02% for 2025, and the associated fines will

Additional Drug-Free Program Savings for Spooner Clients

Posted By Brandy King
December 16, 2024 Category: Dfsp, Drug Testing, Drug Screens, Ohio Bwc, Sur Program, Substance Abuse Recovery

Ohio’s recreational marijuana sales have started!  Spooner clients who haven't had a recent review of their drug-free policy can take advantage of a no-cost, no-obligation policy review by First Connect Corporate Services.  Our clients who need an update or new policy development will have access to discounted pricing when they mention Spooner.  To take advantage of this offer, email your drug free policy to lisawade@firstconnectplus.com and identify your company as a Spooner client. Don’t forget, there is a reimbursement available to Ohio employers current on their workers’ compensation premium that will cover the costs of policy development or update, employee or supervisor training or Train the Trainer programs.  Some drug testing is even included. For most employers, the reimbursement means zero out of pocket when using First Connect as the provider. Since 2004, First Connect has been a leading provider of drug free program development and training services in the state of Ohio.  For more information, please visit their website at www.firstconnectplus.com or call 855.990.5500 and speak to Lisa

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