News and Updates
Category: Compliance
HazCom Standard 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
A Guide to Submitting 2023 OSHA Logs
It’s time to post and electronically submit your OSHA logs - and this year, submission requirements will impact far more U.S. employers. We discussed this in detail when the rule was finalized in July 2023. Effective January 1, 2024, OSHA will require employers with over 100 employees in certain high hazard industries to complete electronic records submissions of Forms 300 and 301, in addition to Form 300A. These are records that covered employers should already be keeping, but previously have not been required to submit. The impacted industries include (but aren’t limited to) retail, wholesale, performing arts, manufacturing, farming, and grocers. Our safety team agrees that the fastest, easiest way to find out your company’s submission requirements is to use this ITA Coverage Application. Enter your company’s NAICS code and employee count, and it will confirm which logs should be submitted. As a general guide: 20-249 employees and on this list must submit 300A 100 or more employees and on this list must submit the 300A, 301 and 300 log. Employee count is “per establishment,” not entire corporation size. So, what is OSHA’s definition of an “establishment?” An establishment is a single physical location where business is conducted, or where services or industrial operations are performed. For activities where employees do not work at a single physical location - such as construction, transportation, communication
EEOC Reporting and Updates
EEO1 guidance/reporting After pushing their projected reporting window back (originally slated to open in July 2023), EEOC opened the reporting window for the 2022 EEO-1 Component 1 data collection reports on October 31. These demographic reports are mandatory for all private sector employers with over 100 employees, as well as certain federal contractors. EEOC has also released a booklet to help employers through the process. Some employers struggled with reporting options last year, as there was no way to accurately report non-binary staff members. This oversight has been addressed in the booklet. Per the agency, “Employers that voluntarily choose to report non-binary employees in the ‘comments’ section of the report(s) should not assign such employees to the male or female categories or any other categories (i.e., job category and race or ethnicity) within the report(s).” Employers have through December 5, 2023 to submit this data, and EEOC will publish any updates on the process to the dedicated reporting website. In other EEOC news, the group issued proposed guidance in late September on “Enforcement Guidance on Harassment in the Workplace.” The epic 145-page proposal details what features EEOC feels effective harassment policies should include, as well as the minimum of what effective training should encompass. While that much information may seem like overkill- it’s important to consider that harassment is still
OSHA and NLRB Team Up on Enforcement
The National Labor Relations Board (NLRB) announced on October 31, 2023 that they’ll be strengthening their partnership with OSHA on referrals, sharing information, training, and outreach. The Memorandum of Understanding allows OSHA and NLRB to work together more efficiently to enforce labor laws and protect the rights of workers. Assistant Secretary for OSHA Doug Parker stated, "Everyone should be able to exercise their legal rights in the workplace without fear of losing their job or other forms of punishment.” He noted that the partnership will expand the capacity of both agencies to protect workers raising concerns about workplace violations or retaliatory activity. This arrangement is likely to increase overall understanding of workers’ rights under federal anti-retaliation and whistleblower protection laws. The two organizations have built a fact sheet to help workers understand their rights and what recourse they have and what recourse they have if those rights are infringed upon. You can find that fact sheet here. It shouldn’t be news to employers that you can’t (and shouldn’t) retaliate against employees for exercising their rights when it comes to workplace safety. If you don’t already have this poster alongside all of your other required communications to employees, you can order one for free here. We’re sharing the news of this partnership because it stands to amplify the already aggressive stan
Supreme Court Reissues Stay on Vax-or-Test Requirement, Mandate Remains in Place for Most Healthcare Workers
OSHA announced on January 26 that they plan to withdraw the ETS, but that the rule would still be proposed as a permanent requirement. This comes just weeks after the Supreme Court reinstituted a stay of the OSHA’s Emergency Temporary Standard (ETS) earlier this month, requiring large employers to require staff to be vaccinated or produce a weekly negative test. In their January 13th decision, the Supreme Court maintained that while COVID-19 exists as a risk in most workplaces, they do not view it as a strictly occupational hazard. The majority opinion states that targeted regulations may be permissible - citing workplaces that are particularly crowded or cramped, or laboratories that work directly with the virus for research purposes. In a separate opinion on January 13, the high court did allow CMS (Center for Medicare & Medicaid Services) to require COVID-19 vaccinations for employees of healthcare facilities receiving federal funds from Medicare & Medicaid. OSHA initially published the ETS on November 5. A flurry of legal action followed from both private and public employers, and by November 12 - the 5th Circuit Court of Appeals issued a stay of the ETS (making the ETS invalid). To further complicate matters, the 6th Circuit voted 2-1 to reinstate the mandate on December 17. Some employers are choosing to create their own vaccine mandates, which should be handled carefully to avoid discrimination. If you have questio
Is Our Company Required To Train Employees in First Aid and CPR?
One question that our safety team gets across nearly all industries is, “Am I required to have my employees certified to perform first aid and CPR?” OSHA requires that in the absence of an infirmary, clinic, or hospital within near proximity to the workplace – one or more staff members should be adequately trained to provide first aid. While the standards do not specify exactly how close by, OSHA has long interpreted the term "near proximity" to mean that emergency care must be available within no more than 3-4 minutes from the workplace. One option these standards provide employers is to ensure that a member of the workforce has been trained in first aid. This option is a feasible and low-cost way to protect employees, as well as putting the employer clearly in compliance with the standards. OSHA recommends that every workplace include one or more employees who are trained and certified in first aid, including CPR. While AED training is not specifically addressed or required by the standard, including that in your CPR training is recommended. The team at Spooner Safety will now be offering first aid and CPR training to businesses that would like to certify members of their team as either a requirement or best practice. Please contact Jeremy Smith at 440-249-5696 | Ext: 154 for more
Have Questions About the Imminent Vaccine Mandate? So Do We.
Last month, President Biden directed OSHA to issue an Emergency Temporary Standard (ETS) that requires private employers with 100+ employees to ensure all employees are either vaccinated against the COVID-19 virus or are able to produce a negative test each week. Employers (of any size) that are federal contractors or receive certain federal funding will also be expected to meet the employee vaccination requirements – without the option of a “test out.” We expect OSHA to issue an ETS in the near future, which will hopefully answer some of the questions surrounding this mandate. Until this summer’s COVID-related ETS for healthcare workers, OSHA had not successfully issued an Emergency Temporary Standard since the 1980s (pertaining to asbestos). Effective July 2021, the agency issued its first ETS in decades highlighting the need for healthcare employers to provide certain protection measures against COVID-19 for employees. By design, an ETS will remain in effect until a permanent rule is issued. Many details of how this is all expected to work have yet to be disclosed, which makes it very difficult for our team to provide the best possible guidance. In the meantime, we can direct you to the most helpful reference we’ve found thus far, which is an article published by the National Law Review. We encourage you to stay tuned to our blog, LinkedIn page and your outside counsel – things are changing rapidly and we’ll do our very bes
Updates to OSHAs Electronic Submission Requirements
Have you been submitting your 300A online? OSHA has required online submission of the 300A for a few years, and now they’re going to start ensuring companies have been submitting them during inspections. What does the rule require? The new rule, which went into effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. Compliance schedule The new reporting requirements: • Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2021 Form 300A by March 2, 2022. • Establishments with 20-249 employees in certain high-risk industries must submit information from their 2021 Form 300A by March 2, 2022. https://www.osha.gov/injuryreporting/ New Enforcement OSHA has set enforcement guidance regarding potential violations of the Occupational Safety and Health Administration’s (OSHA) rule requiring electronic submittal of i
Continued COVID Guidance: New OSHA ETS, FFCRA Update, Mask Mandates and Re-Entry following Travel
June 2021 OSHA Emergency Temporary Standard More guidance has been issued from OSHA, directed at healthcare industry employers such as hospitals, emergency responders, long term care, etc. The new Emergency Temporary Standard (ETS) for Covid-19 went into effect June 10, 2021. You can find a great summary here that also includes a link to the flowchart on OSHA.gov. June 2021 COVID & FFCRA Update The FFCRA was mandatory for many employers until December 31 of 2020. The previous administration extended the paid leave provisions of the FFCRA through March 31, 2021 – however, the extension was no longer mandatory. If employers chose to provide paid leave benefits due to COVID, they were still eligible to receive the tax credit to offset the costs of paying employee leave. Additionally, President Biden extended the FFCRA provisions in the American Rescue Plan Act (“ARPA”) through September 30, 2021. Biden also added some new components of the paid leave, which include: • Additional reasons employees can take paid leave o Time spent in order to get the vaccine o Time from work missed due to complications from the vaccine • The 80 hour limit reset on April 1, 2021 o Meaning if an employee exhausted their Paid Sick Leave before Ma
Preparing for True Up Following an Unprecedented Year
Starting July 1st, 2020, the BWC reduced every employer’s payroll by 20%. They did so under the assumption that all employers experienced slow-downs, lay-offs and closures during the initial impact of COVID-19 on Ohio businesses. However, they did not confirm these reductions with policyholders – and we know that not all businesses experienced a decrease. This reduction might result in an unexpected True Up balance July. True Up is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll are balanced with premiums based on your actual payroll for the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs. If your actual payroll was higher than projected, you will 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. With the final installments for the 2020-2021 policy year being billed any day now, it is unlikely that you have time to make adjustments prior to the end of the policy year on 6/30/21. However, you can run a mock True Up based on
