Blog
BWC Excludes COVID-19 Claims from Experience
Ohio BWC recently amended a portion of the Ohio Revised Code (ORC) as it applies to employers’ experience periods. A subsection was added to 1423-17-03 (subsection 4 of Section G) with the following language:
“Actual losses where COVID-19 was contracted by an employee arising during the period between the emergency declared by Executive Order 2020-01D, issued March 9, 2020 and July 2, 2021 which is fourteen days after the executive order was repealed, shall be excluded from employer's experience for the purpose of experience rating calculations.”
BWC’s Board of Directors noted in its Executive Summary on the proposal that pandemics are typically considered catastrophes due to scope and severity, and are typically excluded from the experience rating process. This comes as a huge relief to thousands of Ohio employers who had workers’ compensation claims filed to their policy as a result of employees presumably contracting COVID-19 while on the job. Even with contact tracing, it is difficult to determine where an employee may have contracted the virus – therefore difficult to determine the employer’s level of liability.
Experience Rating refers to the calculation of an employer’s payroll and loss history within a certain period of time, and is used to determine future rates (insurance premiums) as well as EMR (experience modifier rate).
You can view the entirety of the ORC entry here: https://casetext.com/regulation/ohio-administrative-code/title-4123-bureau-of-workers-compensation/chapter-4123-17-general-rating-for-the-state-insurance-fund/section-4123-17-03-employers-experience-rating-plan
Spooner Celebrates 50 Years!
Posted By Brandy King
July 21, 2025
Category: General
Earlier this month before we left for a long holiday weekend, we gathered all of our employees at Spooner’s Westlake headquarters to celebrate an amazing 50 years in business! We celebrated with sunshine, great food, a few cold beverages, and live music. If you’ve been a client for a while, you may have heard the story of how our founder, Tom Spooner, started our family of companies in 1975. For those that haven’t, we like it so much that it takes up most of our “About Us” section, so you can read it there. The abridged version is: we started with grit and determination, and found ways to disrupt the industry in the interest of Ohio employers. Tom Spooner felt then, as our leadership team feels today, that Ohio business big and small need a true partner when it comes to risk management. We’re beyond proud to be that partner to thousands of businesses. While we’ve been lucky enough to experience tremendous growth over the last five decades, we’ve been cautious about keeping that growth organic and maintaining the values and integrity that got us here. We love what we do, and that passion is a big part of what’s kept our client retention rate hovering over 98% for countless consecutive years. We’d like to thank our incredible staff and leadership, and our trusting clients for helping us achieve this milestone. Here’s to the next
OSHA Issues a Flurry of Proposed Rules
Posted By Brandy King
July 21, 2025
Category: General
The Occupational Safety and Health Administration (OSHA) recently proposed some sweeping changes to longstanding regulations. OSHA published a whopping 25 proposed rules and one final rule on July 1, 2025. The proposed rules encompass several different topics related to worker health and safety. Some of the proposals will impact very narrow groups of employers and industries, and a few may have a substantial impact on a large number of U.S. employers. OSHA’s commentary on these changes indicates a goal of removing unnecessary regulatory burdens on employers, while also streamlining OSHA’s regulatory process. The only final rule put into place (and effective immediately) eliminates the need for OSHA’s administrator to seek opinions of the Advisory Committee on Construction Safety and Health before publishing, changing, or revoking standards that apply to construction work. Below are a few high notes from some of the more broadly applicable proposed regulations. Remember that OSHA’s rulemaking process requires them to publish these proposed changes and allow time for public commentary and feedback. The links above and below lead to the Federal Register site, where the full details of the suggested changes can be accessed along with the feedback submission form. Highlights of Notable Proposed Rules Application of the General Duty Clause: This could be the change that causes the most stir and elicits the most feedback. While the General
Ohio BWC Safety Grants Available
Posted By Brandy King
July 21, 2025
Category: General
Ohio BWC has opened the application period the Safety Intervention Grant (SIG) Program, which matches eligible state-fund employers $3 to $1 on investments to create a safer workplace. Most employers who have had an Ohio BWC policy for at least one year, are paying above minimum premium ($120+), current on installments and true ups with no lapses this year should be able to take advantage. Self-insuring employers, employers in a self-insured PEO, state agencies and state universities are not eligible. Every three years, eligible employers can apply for up to $40,000 in matching funds to purchase “equipment to substantially reduce or eliminate injuries and illnesses associated with a particular task or operation.” The first thing to note is that if your organization wants to benefit from the Safety Intervention Grants, you must complete this process before purchasing equipment. Be prepared with info on workers’ comp claims or incidents associated with the particular area or task, number of employees performing the task, and explore vendors to get price quotes on equipment. As always, there are items and services that grant funds can’t be used for - like standard PPE, training, equipment needed to meet minimum OSHA requirements, etc. A detailed moratorium can be found here. Of course, there are usually a few strings attached when money is given away. There are reporting requirements once the grant is approved. To avoid getting too
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Westlake, Ohio 44145
Phone: 440-249-5260 ext. 153
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