If you weren’t paying close attention, you may have missed the passage of Ohio’s House Bill 246, or the E-Verify Workforce Integrity Act. This will require all Ohio nonresidential contractors, subcontractors, and labor brokers to confirm employees’ work eligibility through the federal E-Verify program. Nonresidential construction is defined in HB 246 as: “…The construction or renovation of any building, highway, bridge, utility, or related infrastructure, but does not include any of the following: (1) An industrialized unit, manufactured home, or a residential building as defined in section 3781.06 of the Revised Code; (2) A building or structure that is incidental to the use of the land on which the building or structure is located for agricultural purposes as defined in section 3781.06 of the Revised Code; (3) A mobile home as defined in section 4501.01 of the Revised Code.” Included employers are expected to be fully compliant with the E-Verify requirement by March 19, 2026. There are currently no exceptions being made for small businesses or sole proprietors, and E-Verify is a free service. Employers will enroll at www.e-verify.gov and create a new case for each new hire by entering info provided on their I-9 and should receive initial results in seconds. Once a final eligibility result is obtained, employers may close that employee’s case. The Act requires employers to maintain this verification record for three
The Ohio BWC recently proposed an overall decrease in the statewide base rates of 10% for private employers in the policy year beginning July 1, 2022. This is projected to reduce premium collections by approximately $106 million, based on projected payroll levels of $140 billion. These “rate reduction” proposals get a lot of press, but what BWC doesn’t promote is that not all base rates will be reduced if this is approved. Rates for certain manual codes will actually be increasing in several industries. The most impacted industries will be construction, manufacturing, transportation and agriculture – but that’s just naming a few. When we meet with employers to review our in-depth analysis of their workers’ comp policy, we often find that they don’t know how their premiums are calculated. Base rates fluctuating doesn’t mean much if you don’t understand how it impacts your premiums – and subsequently, your bottom line. Every type of work is assigned a manual code, and each of those codes is assigned a monetary value (base rate) that correlates with how risky the work is. Every hundred dollars of payroll under each code is multiplied by that rate. If your policy is penalty rated, that acts as as additional multiplier. Here’s an example: NCCI Class Code Estimated Payroll Base Rate Projected Individual Rate Projected Individual
If so, Surety HR’s Self-Insured Professional Employer Organization (PEO) may be able to reduce your EMR (Experience Modifier Rate). Many industries require businesses to submit their EMR to bid on both private and public projects and contract renewals. If your EMR is too high, you may not even be able to bid on a specific project. This is predominant in construction, but also affects employers in manufacturing, logistics and several other industries. Typically any vendor on a federal site such as an Air Force Base will be required to submit their EMR as well. If your company has an EMR over 1.00 and it's costing you jobs, let’s talk! If you have concerns about your EMR, please email Brian Davis at