Posted By Brandy King
February 20, 2023 Category: General

  It’s always important to have an easily-accessible and competent safety management resource, whether it’s a full-time member of your staff or a trusted third-party consultant.  For some companies, an internal Safety or EHS Manager is just as essential as their Operations or Finance Manager.  Other companies, such as those in relatively low-hazard industries, can sometimes get away with assigning safety as a secondary duty to internal staff.  Those multiple-hat-wearing employees should have a decent grasp of basic safety management concepts and a solid understanding of the OSHA standards applicable to their operations.  They will often seek the expertise of, and work in tandem with, a third-party safety consultant for periodic efforts such as compliance audits, program development, OSHA inspection assistance, or anything else that might be out of their wheelhouse. If you’re considering the addition of a safety professional to your team, the list below might help shed some light on your situation.  Or, maybe your company is one of many that hasn’t yet realized that this applies to you!  Either way, take a moment to reflect: Consider your size and industry: companies with 200+ total employees – especially in a higher-hazard industry, such as in OSHA’s list of NAICS codes covered by the Injury/Illness Recordkeeping Rule – should already have an internal Safety Manager. The hazards posed to empl

Posted By Brandy King
February 20, 2023 Category: Safety Training, 2 Hour Training, Ohio Bwc, Spooner Safety Series

*ATTENTION 2022 PY Group and Group Retro Clients* The Spooner Safety Seminars are back on the road! All employers are welcome to attend these informative workplace safety seminars. The training sessions will satisfy BWC’s 2-hour safety training requirement for companies participating in Group Rating or Group Retrospective Rating for the 2022 policy year. Cleveland Area April 18, 2023 from 10 am -12 pm at Holiday Inn, 6001 Rockside Road, Independence, OH  44131 - Click here to register Dayton/Cincinnati Area April 19, 2023 from 10am - 12 pm at Hilton Garden Inn Dayton South-Austin Landing, 12000 Innovation Drive, Miamisburg, OH  45342 - Click here to register Columbus Area April 19, 2023 from 3pm -5 pm at Embassy Suites, 5100 Upper Metro Place, Dublin, OH  43017 - Click here to register Youngstown Area April 20, 2023 from 10 am - 12 pm at A La Cart Catering, 429 Lisbon Street, Canfield, OH  44406 - Click here to register   NOTE: Registration Deadline is 4/10/23, 11:59 PM The attendance fee is $35.00/person, billed out after your attendance. Feel free to contact our safety team with any

Posted By Brandy King
February 20, 2023 Category: Ohio Bwc, Bwc Update, 2023 Bwc Rates, Bwc Rate Reduction, Ohio Safety Congress, Dfsp, One Claim Program

BWC announced in January that they are proposing an 8% rate reduction for private employers in the 2023 policy year (which begins 7/1/23). This isn’t the first time they’ve touted it – and it’s also not the first time people have misunderstood what it actually means. Not all manual classifications (NCCI codes) will receive a decrease. In fact, some may see their base rates rise. The 8% is an average, meaning BWC will collect 8% less premium across the board. The administrative fee baked into employer premiums will be coming down for the 2023 policy year, but don’t get too excited. It’s going from 31.59% to 29.01%. The 2.58% drop won’t make a huge difference for most Ohio employers. For example, a policy with a $75,000 annual premium will only see a savings of $1935 next year based on that change. Make sure you complete the 2-hour safety training required for 2022 PY Group Rating and Group Retro participants by June 30, 2023. We have you covered on this one! Just sign up for one of our Safety Seminars being held throughout Ohio in April. These fill up fast, so don’t wait to register. Registration is open for 2023 Ohio Safety Congress! We’ve missed this event dearly and we’re excited to return. For the uninitiated, this three-day event takes place March 8-10 and is FREE for state-fund employers (those with a BWC policy). Between the education, exhibits, continuing education credits and teambuilding

Posted By Brandy King
February 20, 2023 Category: 2018 Group Retro, Ohio Bwc, Missing Refunds

Obviously, our biggest news is the legal victory in our Group Retro case! Earlier in February, a Magistrate from the Tenth Circuit Court of Appeals in Columbus ruled in favor of our client Kent Elastomer Products, Inc., vacating BWC’s 2020 decision to withhold 2018 Group Retro refunds. You can read our official public statement in its entirety here. There are still a couple of hurdles to be cleared, so we’re doing our best to educate employers on the story so far, and what could happen next. As of 2/15/22, Ohio BWC had requested a two-week extension on their initial two-week appeal window. Please stay tuned for updates! Any major developments will be shared first on the Spooner Inc LinkedIn page.   If you're not a Spooner Inc client, you can complete this form to request additional information about your potential

Posted By Brandy King
February 20, 2023 Category: Osha, Osha Compliance, Fairfax Memo, Combustible Dust Nep,

    Secretary of Labor Marty Walsh announced his resignation in early February. At the time of the update, he has not actually stepped down and ideas are being tossed around about his potential replacement. Deputy Secretary of Labor Julie Su is expected to take over as acting secretary, which presents the possibility that she could be our next Secretary of Labor. Regardless of who fills the shoes, OSHA field offices and inspectors will stay busy (see below) – which means employers need to stay diligent. Expansion of combustible dust NEP – This National Emphasis program has now been expanded to the following industries: 311812 – Commercial Bakeries 325910 – Printing Ink Manufacturing 321912 – Cut Stock, Resawing Lumber, and Planning 316110 – Leather and Hide Tanning and Finishing 321214 – Truss Manufacturing 424510 – Grain and Field Bean Merchant Wholesalers The NEP was revised after enforcement reports indicated that wood and food products made up over half of the materials involved in combustible dust fires and explosions. Instance-by-Instance Citations – Also in February, OSHA announced a change in how they may handle enforcement to discourage non-compliance. Instead of grouping citations, Regional Administrators and Area Directors can use their authority to cite each instance of non-compliance separately. These will theoretically be reserved for “high gravity,” serious, and repeated viol

Posted By Brandy King
February 08, 2023 Category: 2018 Group Retro, ohio bwc, missing refunds

Many of you know about our ongoing legal action involving BWC’s withholding of 2018 Group Retro refunds. We are beyond excited to share that a Magistrate for the Tenth District Court of Appeals in Columbus ruled in favor of our lead plaintiff, Kent Elastomer Products, Inc., vacating a 2020 BWC decision to withhold 2018 Retro refunds from participating Ohio employers following a dividend distribution.  To sum it up, the Magistrate agreed that BWC did not have the authority to withhold roughly $244 million in 2018 Retro refunds, and is thusly obligated to return those funds to participating Ohio employers. It's important to note that not only does BWC have two weeks to appeal the decision, but that the court must also uphold the decision in order for these funds to be distributed. We'll have additional detals coming soon, so please stay tuned for

Posted By Brandy King
January 19, 2023 Category: Ohio Minimum Wage, Secure 2.0, Retirement, 1099, Non Compete Ban OSHA Penalty, PWFA, PUMP Act, Plans, Hr Update

Secure Act 2.0 Narrowly missing our December newsletter, the SECURE Act 2.0 (SA2) was included in the $1.7 trillion omnibus spending package signed into law on 12/29/22. If the acronym for the long-winded “Setting Every Community Up for Retirement Enhancement” sounds familiar, that’s because it’s an expansion of 2019’s SECURE Act. The 2.0 version contains laws intended to provide incentives to both employers and employees to grow retirement plans, and hopefully shore up savings for late starters or those whose retirement funds may have suffered losses in the market over the last couple of years. Unless otherwise noted, these changes will be effective January 1, 2024. Here are some of the high points on requirements: SA2 broadens eligibility for some small businesses to qualify for a credit that would cover the administrative costs of setting up a workplace retirement plan. Beginning in 2025, employers with retirement plans will be required to auto-enroll employees once eligible, at a minimum of 3% of the employee’s wages (no more than 10%) and will be increased by 1% each year (also no more than 10%). Employees can opt out of this automated enrollment if they choose. Catch-up limits: We talked about the initial changes back in December, but the SA2 will allow a second increase to participants ages 60, 61, 62, and 63 – effective plan years 2024 and later. Most plans will have a limit of a $10,000 catch-up, whereas simple plans wil

Posted By Brandy King
January 19, 2023 Category: OSHA, Safety, Slips Trips Falls, Workplace Injury, Walking Working Surfaces, Soft Tissue Injury, Ohio Workers' Comp

Slips, trips, and falls continue to be a leading cause of emergency room visits for many workers in the state of Ohio, and nationwide. Some common slip, trip, and fall injuries include: •    Fractured Bones •    Lacerations •    Strains/Sprains •    Back injury •    Head injury/brain trauma Causes of Slips, Trips, and Falls Some common causes of these injuries include: •    Wet or oily surfaces •    Weather hazards including rain, snow, and ice •    Loose mats and rugs •    Walking surfaces that are not level •    Obstructed views •    Poor lighting •    Clutter •    Uncovered wires and cables Preventing Slips, Trips, and Falls There are several ways that employers can help prevent these types of incidents and keep worksites safer. The simplest way is to practice good housekeeping throughout your facility. Other options include wearing slip-resistant shoes, using caution when walking on uneven surfaces, as well as surfaces that may be slippery or wet. Good Housekeeping Tips Good workplace housekeeping is an easy way to prevent most slips, trips, and falls, and it’s often overlooked. Simply cleaning up your work area as you go can help on the job site. Examples of good housekeeping

Posted By Brandy King
January 19, 2023 Category: Ohio Bwc, Ohio Workers Comp, Handicap Reimbursement, Tpa, Claims Management

When our team meets with prospective clients, we provide an in-depth analysis of their Ohio BWC policy. This allows us to show them how things got to where they are, where they’re headed, and if any of the damage done can be mitigated in some way. By the time we review the claims, it’s sometimes too late to un-ring most of those bells. However, one of the key items we focus on for our clients (especially new ones) is handicap potential. Ohio BWC has a list of pre-existing conditions that would delay a claimant’s recovery following a work-related injury.  While some maladies on the list are rare in claimants, the top four are fairly common. If you have a lost time claim in your experience, it’s worth looking into. Here’s an example of what it could look like: Employee files a workers’ compensation claim that causes a 30% increase in premiums (once it enters the experience), to the tune of $20,000 additional each year for four years. Without a handicap, this claim is projected to cost the employer $80,000 in additional premium. Spooner locates medical evidence to indicate a pre-existing condition that qualifies for a handicap, and obtains a handicap at 30% from BWC.  Employers receive a benefit from the handicap in either reduced premium payments in the future, or will receive a refund check from the BWC for overpaid premium - depending on when the handicap is granted by the BWC and how far along the claim is in the

Posted By Brandy King
December 12, 2022 Category: General

After a three-year hiatus, Ohio Safety Congress has finally scheduled an in-person return! This three-day event is scheduled for March 8-10, 2023, and is free to all Ohio BWC state-fund employers. The keynote address and several other sessions will be livestreamed online during the event. This is one of our favorite events, and we’re excited to see you all there! Reinstated Safety Intervention Grant Program – $3 to $1 match on safety investments is back. More here!  Safety Council rebates finally returned! The program transitioned to virtual meetings in March 2020 and a hybrid option was offered for the 2021 policy year, but they also did away with the premium rebate benefit during those two policy years. Now that the program has returned to 100% in person, virtually any private or public state fund employer can earn a 2% premium rebate for attending at least ten meetings each policy year.  The Substance Abuse Recovery Program is funded by millions that the DeWine administration committed toward helping Ohio employers hire, manage and retain employees in recovery. The funds can be used to reimburse employers for employee drug testing (with some caveats), training, and related policy development. As Governor Mike DeWine begins his second term in 2023, he’ll have a new Chief of Staff in Stephanie McCloud, formerly the Administrator (CEO) for Ohio BWC. John Logue will succeed her as the Administrator next year. Logue currently serves as