Posted By Brandy King
September 24, 2024
Category: 2018 Group Retro, Retro Refunds, Ohio Bwc, Missing Refunds
You may have received, or will soon receive a letter from Ohio BWC stating that they are “unable to approve your request” to issue premium refunds based on 2018 Group Retrospective Rating. To recap, BWC chose to withhold 2018 Group Retro refunds from Ohio employers in light of the large dividend that was released to employers in 2020. Spooner appealed that decision on behalf of our clients with the intent of getting those Group Retro refunds paid out to participating employers, like your business. Spooner has maintained our stance and our fight over the last three years as the hearings and appeals process has continued to play out.
Why did we receive this letter?
These letters are a response to the protests we filed on behalf of Spooner clients who participated in 2018 Group Retro. We filed these requests to preserve our appeal rights, should we continue to be successful with the legal action that is now before the Court of Common Pleas. We have concerns that if we prevail in the legal proceedings, BWC may attempt to pay only the lead plaintiff in the case, as opposed to all Group Retro members.
Why now?
The final snapshot to determine refunds for the 2018 group retro program was on June 30, 2022. We filed the appeals at the end of June 2024 to comply with the two-year statute for filing protests with BWC.
What should we do now?
There is nothing that employers need to do at this time. If it becomes apparent that action is needed
Posted By Brandy King
September 24, 2024
Category: Ohio Bwc, True Up
With the filing deadline over a month behind us now, hopefully your policy’s 2023-2024 BWC True Up has been completed. The reporting period has historically been July 1through August 15, with a grace period of 30 days. Spooner’s team has been notified that for the current and coming policy years, the True Up period for reporting payroll and paying any remaining balances will be July 1 through August 31, with no grace period.
It’s important to note that failure to True Up can impact your eligibility for Group Rating and Group Retro, which can translate to thousands of dollars in lost
Posted By Brandy King
September 24, 2024
Category: Hazcom, Osha, Ghs, Compliance, DOT, Safety Update
OSHA Issues Final Rule on HazCom Standard to Align with Revised GHS
In July, OSHA’s final rule on the Hazard Communication Standard for classifying and labeling chemicals went into effect, and will be phased in over a four year period. Changes were made to the standard so that it will align with the 7th revision of the UN’s Globally Harmonized System (GHS), and will impact chemical manufacturers, importers, distributors and employers utilizing hazardous chemicals.
The updated standard includes changes to definitions that will impact labeling, handling and classification of hazardous chemicals. Here are some high points:
• Additions the definition of Bulk shipment, Combustible dust, Gas, Immediate outer package, Liquid, Physician or other licensed health-care professional (PLHCP), Released for shipment, and Solids.
• Clarifications to the definition of Exposure or Exposed, Pyrophoric gas
• An addition to Section (f)(5) Transportation clarifying labeling for bulk shipments and pictograms to align with Department of Transportation (DOT) requirements. This solves the issue of having to use both HCS and DOT pictograms for the same hazard.
• Smaller containers may utilize special labelling. Capacities under 100 ml will have minimum labeling requirements of a product identifier, applicable pictograms, signal word, manufacturer’s name and phone numb
Posted By Brandy King
September 24, 2024
Category: General
The official start of flu season is considered October, but colds, seasonal flu, COVID and other viruses have already started circulating in and out of the workplace.
The CDC and other organizations have conducted surveys showing how illness impacts the workplace. The medical journal Vaccine reports that the flu virus alone causes over 100 million missed workdays per year, which translates to roughly $16.3 billion in earnings. While employers may not be able to prevent contagious illness at work, there are plenty of measures that can be taken to reduce the spread of germs.
Remember how anti-bacterial items were everywhere you turned during the peak of the COVID pandemic? There’s no reason to stop doing that. Especially during cold and flu season, we strongly encourage employers to take measures to reduce the spread of germs. Making things like hand sanitizers, anti-bacterial wipes and sprays, and tissues is always a good idea. Place anti-bacterial wipes near high-tough areas like postage machines, break rooms, copiers, etc.
Prioritize handwashing. Make sure handwashing is accessible to all employees, and that restrooms and kitchen areas are stocked with soap and either paper towels or a hand dryer.
Offer a voluntary, no-cost onsite vaccine clinic for employees, or provide information about how and where they can receive free vaccines for things like seasonal flu and current COVID variants. Check with your local occupational health facilit
Posted By Brandy King
August 26, 2024
Category: Group Rating, Renewal, Docusign
Earlier this summer (late June), Spooner sent Group Rating documents to many of our clients via DocuSign. If your policy had been enrolled in our Group Rating program for the current (2024-2025) policy year, your renewal documents would have been delivered this way.
We understand that you may have been hesitant to open the email and/or click the link to complete the documents, or the email could have been intercepted as spam and you didn’t receive it at all. We’re working through contacting the Spooner clients who have not yet returned their Group Rating forms and can resend either via DocuSign or regular email.
If you still have the email, you’re still able to complete the enrollment via DocuSign. It should appear similar to the picture below, showing Nathan Kenney as the sender. We apologize for any confusion this may have caused. Please reach out to your Client Services Manager with any additional questions on your 2025 program
Posted By Brandy King
July 24, 2024
Category: safety grants, ohio bwc, safety intervention, finance, safety investment
Ohio employers may be able to check one more thing off their wish list this year, without paying full price. 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, is that you must complete this process before purchasing equipment. We know this paperwork can be daunting, and we encourage Spooner clients to reach out to us for assistance with these grant applications. Be prepared with info on any workers’ comp claims or incidents associated with the particular area or task, the number of employees performing the task, and explore vendors to get price quotes on the equipment you have in mind. As always, there are items and services that grant funds can’t be used for - like standard PPE, train
Posted By Brandy King
July 24, 2024
Category: ohio bwc, true up, compliance,
BWC’s True Up window began on July 1, 2024 and will run through August 15, 2024. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro).
If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.
If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2025 policy year premiums. For the 2024 policy year that just began, BWC will be using payroll projections based on your True Up from July 2023. Adjustments to your estimated payroll can also be made throughout the year by contacting BWC at 1-800-644-6292.
Spooner clients
Posted By Brandy King
July 24, 2024
Category: osha, heat standard, heat illness, regulatory update, safety, case law, loper bright
Late June and early July saw two important regulatory-related updates, one of which could potentially impact the other. First, on June 28, 2024 – the U.S. Supreme Court issued a ruling in Loper Bright Enterprises vs. Raimondo that may change who is responsible for interpreting laws and regulations issued by a government entity.
Prior to June 2024, the US Supreme Court was guided by the 1984 ruling in Chevron vs. Natural Resources Defense Council Inc – which determined that the agency that created the statute in question would be deferred to on interpretation, unless Congress had specifically addressed it previously. This has since been called the “Chevron Deference.”
Following the June 28th Loper Bright ruling, the judicial branch will have the power to interpret such statutes. This change in administrative law could impact any employer that is subject to government regulations, including matters involving OSHA.
Speaking of OSHA, they made headlines again in July as the proposed heat illness rule was finally made public. If you’re unfamiliar with the rulemaking process, it can still take another year or more for this proposed rule to become a reality that employers must comply with. Once the proposed rule is officially published in the Federal Register, it will then be open to commentary from interested parties for 120 days.
However, it’s important to note that OSHA still has a National Emphasis Program (NEP) on heat i
Posted By Brandy King
June 11, 2024
Category: , Workers Comp, Ohio Workers Comp, Group Rating, Group Retro, TPA, Ohio TPA, Claims Management
Even though the 2024 BWC policy year is just about to kick off, we’re already looking ahead to 2025 Group Rating and Group Retro programs. It can be hard to feel like a savvy buyer when it comes to workers’ comp in Ohio, but Spooner would like to share some pointers for how to understand the timeline and choose the best partner.
If you’re thinking of changing your partner for Group Rating or Group Retro, be sure not to complete the renewal that your current TPA sends this summer. Most employers don’t realize that cutting a check for a renewal in summer of 2024 will obligate them to their current TPA through June of 2026. Make sure your accounting team is aware of this, too. We’ve seen too many unhappy customers of other TPAs get trapped this way.
Are you under the impression that because you’re a member of XYZ Chamber of Commerce, you have to utilize their partner for workers’ comp programs? Not the case. The sponsoring organization frames it that way because there’s money on the table. For example, if you are an XYZ Chamber member (who happens to be partnered with a specific TPA) and you want to leave that TPA, XYZ Chamber makes less money. Naturally, they want you to stay with Sedgwick and may even advise you can’t get that discount outside of their partnership. This is patently false. Most TPAs have access to all of the same Group Rating and Group Retro programs for all industries, and the sponsoring org
Posted By Brandy King
June 11, 2024
Category: Group Rating, Group Retro, Ohio Bwc, Safety Training, 2 Hour Requirement, Green Year
If your company participated in Group Rating or Group Retro during the 2023 policy year (July 1, 2023-June 30, 2024) and had a claim during the green year(s), you’re required to complete two hours of safety training by June 30, 2024. Please be sure to complete submit the training certificates to your team at Spooner (or your TPA, if you’re not a Spooner client). If you’re unsure if you need to complete this training, reach out to your client services manager. The training doesn’t have to be completed in person – so there’s still time to meet the requirement by participating in one of BWC’s online courses. Here are some details on fulfilling the two-hour training requirement, per the Ohio BWC website.
Two-hour Training Options
A variety of training sources are available for you to fulfill this requirement. They include the following offered through BWC’s Division of Safety & Hygiene:
• Education and Training Services Center courses
• Ohio Safety Congress & Exposition (OSC) safety education sessions
• Safety council seminars, workshops, or conferences featuring a safety topic that are at least two hours long (Safety council monthly meetings do not qualify.)
Guidelines for courses offered through non-BWC training forums
• The group sponsor, third-party administrator, or an independent sourc
Posted By Brandy King
June 11, 2024
Category: Ohio Bwc, True Up, Bwc Payroll, Tpa, Group Rating
It’s almost True Up Time! BWC’s True Up window will begin on July 1, 2024 and will run through August 15, 2024. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro).
If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.
If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2025 policy year premiums. For the 2024 policy year that will begin soon, BWC will be using payroll projections based on your True Up from July 2023. Adjustments to your estimated payroll can also be made throughout the year by contact
Posted By Brandy King
June 11, 2024
Category: Ohio Bwc, Safety Council Program, Safety Council Enrollment, Ohio Workers Comp Savings
Along with the new Ohio BWC policy year beginning on July 1, 2024 – one of their most beneficial programs now has an increased ROI for employers. Participating in a local safety council is beneficial not just for the savings – but also the education, networking, and locating resources to aid your internal safety programs. Ohio businesses have until July 31, 2024 to sign on for the 2024-2025 program. Your company can earn a 3% rebate (not to exceed $5000) on ‘24-25 policy year premiums by attending 10 in-person safety council meetings. At least eight (8) of these must be attended through the safety council you’re enrolled with, and up to two (2) credits can be earned through attending BWC-sponsored in-person or virtual events, or in-person training from external sources like your TPA or trade organizations and Chambers of Commerce.
Remember – to get the 3% rebate, your policy premiums must be current and your most recent True-Up should have been completed on time. This rebate program can be combined with Group Rating, Group Retro and virtually any other BWC program your company participates in. For more information on the Safety Council Program, reach out to us at 440-249-5260 or check out this page on
Posted By Brandy King
May 28, 2024
Category: Ohio Bwc, Workers' Comp, Dfsp, True Up, Grow Ohio, Transitional Work
With the BWC policy year coming to a close at the end of June, here are some reminders for upcoming deadlines that may apply to your policy. If you have any questions about these programs or deadlines, please reach out to your Client Services Manager at Spooner Inc.
May 31
Drug Free Safety Program application deadline for 2024 policy year
Transitional Work Bonus application deadline for 2024 policy year*
June 21
First premium installment due for 2024 policy year
June 28
Deadline for Grow Ohio safety requirements for newer policyholders whose coverage became effective between July 1 and December 31 of 2023
*The Transitional Work Program is slated to end on 7/1/2025 for private employers and on 1/1/2025 for public employers. We’ll have more information on this as it becomes
Posted By Brandy King
May 28, 2024
Category: Ohio Workers Comp, PEO, Professional Employer Organization, PEO For Nonprofit, 501c3, Charity
Joining a PEO is a great way for nonprofits to not only save money on operating costs, but to hand off the compliance burden so they can focus on their staff and mission.
Some nonprofit organizations worry that the logistics of partnering with a PEO (particularly payroll being reported under a different FEIN) could impact their ability to receive grant funding. Every nonprofit has a cognizant agent/agency, which is where most of the organization’s funding comes from. Nonprofits should check with their cognizant agency to make sure processing payroll under another FEIN won’t be an issue, but our team has been unable to locate any situations where this would be a roadblock for funding.
Nonprofit agencies have a lot to gain from working with a PEO. Since many of these organizations are operating on a shoestring budget and staff, compliance issues can either be backburnered or done incorrectly because of staffing and skill set limitations. Even things like payroll and employment taxes can be intimidating for a team whose mission is to fulfill a need in their community – not to be payroll experts. Partnering with a PEO takes payroll and the associated headaches off the organization’s plate, and they can also help with FMLA, unemployment, and HR & safety concerns.
In addition to offloading work, there’s also the big advantage of savings. A PEO that is self-insured for workers’ compensation can help nonprofit
Posted By Brandy King
May 28, 2024
Category: Ohio Bwc, Workers Comp, True Up, Payroll, Manual Codes
The end of the Ohio BWC policy year will be ending on June 30th, which means it’s time to start thinking about your payroll True Up. Whether you’re an employer who reported late, not at all, or were unable to pay a resulting balance – you’re one of thousands who may have been removed from Group Rating, Group Retro or several other programs as a result. BWC takes timely reporting and balance payment very seriously, so it’s important that Ohio employers do as well!
Most employers are familiar with the process and requirements by now, but here’s a recap for new policyholders and the uninitiated:
BWC’s policy year runs July 1 through June 30.
Ohio BWC uses payroll from two years prior to determine your premiums. If you’re a new policyholder, the payroll projection made on your application is used to calculate premiums.
When the policy year ends, policyholders have from July 1 until August 15 to report their actual payroll from the past policy year
Actual payroll is compared to projections that your premiums were based on, and there are three potential outcomes: break even, the employer owes BWC or BWC owes the employer.
Any balance owed by the employer must be paid at the time of reporting to be considered current and in good standing. There are currently no options for payment plans outside of the balance being turned over to the Ohio Attorney General’s office.
BWC’s billing hierarchy d
Posted By Brandy King
April 26, 2024
Category: FMLA, Unemployment, Ohio PEO, Avetta, ISNetworld, EMR, Group Health
Things are in bloom in Ohio, which is a sure sign of spring…even on the days it doesn’t feel like it. For many people, this means spring cleaning - opening windows, organizing the garage, and getting rid of outmoded things that don’t really serve you anymore. Your business relationships should be evaluated right along with those beat-up gardening gloves that you’re hesitating to throw out. Employers have good intentions of doing this at the end of the year, but things get in the way and it often doesn’t happen. So why not do some spring cleaning with your vendors and administrative tasks? Here are some questions you might want to consider:
Has your payroll processor been easy for both you and your employees to reach with questions or urgent issues?
Is your workers’ comp TPA proactively managing claims in addition to processing paperwork?
Is Ohio BWC’s one-size-fits-all approach working for you?
If your company offers FMLA, does your staff feel 100% confident managing the program and claims from a compliance perspective?
Did your broker do their best to shop and present you with the best renewal options? Are they talking to you about different plan designs, or only fully-funded?
Unemployment claims and fraud have both been running rampant. Is that a task you want to keep in-house?
Is your EMR in the right range to win RFPs, and pass checks with vetting software like ISNetWorld and Avetta?
If yo
Posted By Brandy King
April 26, 2024
Category: General
We’re very lucky to have not only low turnover, but to have employees who choose to spend the majority of their career with Spooner’s family of companies. At the end of April, we’ll be bidding farewell to one of those long-term employees, Sue Ridge. After serving as a claims examiner for hundreds of Spooner Inc clients over the years (47 years, to be exact), Sue will be retiring. We miss her already, but we wish her the very best in enjoying the years to come. We celebrated her career with us last week at J. Liu in Worthington, Ohio.
Cheers, Sue! Congratulations on your
Posted By Brandy King
April 26, 2024
Category: General
For several years, Spooner Risk Control has sponsored The College Hoops Holy Day of Obligation, (because if College Basketball was a religion, the first day of the NCAA Men’s Tournament would be a Holy Day of Obligation). Officially it began in 1996, but a lower-key version of it had been celebrated for several years prior with Steve Spooner and some of his former co-workers.
Every year, Holy Day raises money for a local family in need. This year, the event raised money for the Telgkamp Family. Sam Telgkamp is 27 years old and has been diagnosed with ALS (Lou Gehrig’s Disease). The total of $5,200 raised will help ease the financial burden on Sam and her family as she battles this disease. Sam was just beginning her career as a Child Advocate for Nationwide Children’s Hospital when she was diagnosed. Her father, Dan, is the Junior High Mariemont Girls Soccer Coach and an assistant coach for the Mariemont High School Girls Lacrosse Team in the Cincinnati area.
The Spooner family of companies is proud to be part of this annual
Posted By Brandy King
April 26, 2024
Category: General
OSHA has established a National Emphasis Program (NEP) on heat-related illness prevention, which addresses heat-related hazards in the workplace. They believe this NEP (which they’re working to make a permanent standard) is necessary because of the statistics surrounding heat-related illnesses and injuries. There are over 3,500 work-related heat illness cases reported annually, with 43 of them being fatalities (BLS average 2017-2021).
The program went into effect on April 8, 2022, and is a nationwide enforcement initiative allowing OSHA to proactively inspect workplaces for heat-related hazards across general industry, maritime, construction, and agriculture operations. It applies not only to employers who operate outdoors (e.g., construction, farming, landscaping), but to indoor operations as well (e.g., manufacturing, warehousing, transportation, etc.). In fact, the list of targeted industries includes over 70 NAICS codes.
The NEP emphasizes the importance of employers providing access to water, rest, and shade (or escape from heat sources), as well as adequate training and acclimatization schedules for new and returning employees. The program also establishes “heat priority days” when the heat index is expected to be 80°F or higher, prompting OSHA inspections within certain industries.
The first step toward compliance is a multi-faceted assessment of your operations and environment to determine risk levels. This includes f
Posted By Brandy King
March 22, 2024
Category: Ohio Bwc, Ohio Supreme Court, Workers' Comp, TTD, MMI, Temporary Total, Disability Comepnsation
Earlier in March, the Ohio Supreme Court made a decision regarding Temporary Total Disability (TTD) that overrules a 25 year precedent set by another interpretation. In State ex rel. Dillon v Industrial Commission, the court ruled that an Ohio employer may request termination of a claimant’s TTD from the date an independent medical examination (IME) renders that claimant MMI, or Maximum Medical Improvement. MMI is the point in recovery where the claimant’s condition has stabilized, and any notable improvements going forward are unlikely.
Ohio employers can now request that TTD payments are stopped on the date that MMI is determined by a medical provider, without waiting for the next Industrial Commission hearing that could be up to 60 days away. This case also sets a precedent that claimants are no longer eligible for continuing TTD payouts once they’ve reached MMI status. That means self-insured employers (and BWC) will have the ability to recover compensation overpayments that may have occurred after MMI was determined.
Our friends at Roetzel & Andress have put together a more detailed explanation. If you have questions about how this this may impact your current, open claims, please reach out to your
