News and Updates
Month: January 2022
OSHA 300A Submissions
It’s time for employers to submit and post their OSHA 300A. Here are some pointers to guide you through the process. More resources can be found on OSHA.gov. Electronic Submission: Go to https://www.osha.gov/injuryreporting/ Click the red “Launch injury tracking application” button on right and follow the instructions Details: Who - Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and/or illnesses. Visit the OSHA website for list of “certain industries”. What - Covered establishments must electronically submit information from their OSHA Form 300A. When - In 2022, covered establishments must submit information from their completed 2021 Form 300A by March 2. How – OSHA provides a secure website that offers three options for data submission. First, users can manually enter data into a web form. Second, users can upload a CSV file to process multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). View the CSV instructions Download a CSV file template Download a CSV sample file View the API technical
Outsourcing FMLA May Be the Break Your HR Department Needs Right Now
FMLA has been maligned by HR departments for years, not only because of the amount of work involved – but also the amount of expertise. Do you ever feel like your management team shouldn’t be the ones determining if a claim submitted actually qualifies? Throwing COVID-related leave into the mix didn’t help, either. Private companies that employ at least 50 workers (within a 75 mile radius), and public employers regardless of size are required to offer FMLA – 12 weeks unpaid leave during a 12 month period. While many question its value, considering the leave is unpaid – it was put in place to protect the jobs of those experiencing one of the following conditions: • Birth or adoption of a child • Care of a spouse, child or parent with a serious health condition • A serious health condition that renders the employee unable to complete their essential duties • A qualifying emergency related to a spouse, child or parent being on active military duty Non-compliance not only puts you on the radar of the Department of Labor (which could result in major fines), but could also expose you to private lawsuits from disgruntled employees. We hear a lot of businesses say, “We jus
BWC’s Current Net Position
One of the questions we’ve heard often from employers lately is, “Will BWC be issuing another dividend this year?” We typically don't have advance notice of the decision to release dividends, but we can help you understand the conditions that must be met in order for it to be considered. For dividend distributions to take place, Ohio BWC must meet and exceed their funding ratio guideline of 1.30 to 1.50. This means their assets must surpass their liabilities by 30-50%. With BWC assets totaling $25B and liabilities at $15.4B, this put them in a net position of $9.6 billion (as of their November financials). Using their Board of Directors guidance of a simple funding ratio between 1.30 - 1.50, the BWC should have a net position in the range of $4.6B - $7.7B. What this means is that they’re currently overfunded by $1.9B-$5B. In comparison to the November 2020 net position of $7.2B, they’ve experienced a gain of $2.4B in the last 12 months. So, does that mean they have to issue dividends to employers? It’s simply a matter of discretion. Just because their guidelines state that they can (and in our opinion, should) issue dividends with that level of overfunding, they can simply choose not to. If you’re tired of letting BWC hold onto your money and use arbitrary logic to when they do or do not return excess premiums, reach out to Brian Davis at 440-249-5260 | Ext:107 to learn about coverage options outside of
Risk Management for Work-From-Home Employees
We all know that workplace safety is important – but not much thought is given to those who have moved to teleworking during the COVID-19 pandemic. Many companies have found that moving to teleworking worked so well for them, that they have not insisted on people returning to the office full time. You can’t realistically go to every employee’s home and inspect their home office set up, but you can provide some helpful guidelines that should reduce the likelihood of work-related injuries at home. • Seated desks should be about 29” high. For standing desks, use elbows as a guide for desk height, as it varies from person to person. • The top of your monitor should be at eye level, and about 20-25” from your face. • Try positioning yourself in an area of neutral natural light. A window behind the worker will create a glare on the screen, and a window behind their monitors can make the screen equally difficult to read – and both can lead to eye strain and headaches. • Chances are they don’t have a proper (ergonomically correct) desk chair at home, so they should be able to rest their back against the chair back and their feet on the floor. The employer can choose to provide ergonomic supports for any shortcomings, but the employee can usually do this at home with a phone book under the feet or a rolled t
Workplace Training with the Biggest Possible ROI: Saving a Life!
The skills we teach our employees rarely have much cross-over or impact in our personal lives. One skill you can arm your workers with that will be valuable from every angle is the ability to help save someone’s life. Heart disease is the leading cause of death in the U.S., claiming over half a million lives each year. 88% of those deaths occur when someone suffers from cardiac arrest outside of a hospital, because most bystanders don’t have any CPR knowledge. Everyone knows to call 911, but a lot can happen before paramedics arrive. Brain death begins 4-6 minutes after the heart stops “breathing.” CPR helps keep blood flowing to vital organs and lowers the chances of permanent damage. If CPR is started within the first two minutes of a cardiac event, that person’s chances of survival double. Training your employees in first aid is also incredibly valuable both inside and outside of work. Having the knowledge to treat everyday injuries like burns and lacerations, spotting concussions, and stopping a bleed could save a life or prevent serious, lifelong damage. Employees are statistically more likely to utilize these skills outside of work, but arming them with the knowledge to help in any arena is invaluable. Protect yo
Winter Weather Safety
Employers often assume that employees understand the basics of winter weather safety, until they witness a staff member go full "Flinstone" in the parking lot at the first sign of ice. The truth is, common sense isn’t as common as one might think, and a refresher is helpful for everyone. The Bureau of Labor Statistics (BLS) reports that more than 20,000 cold weather-related workplace injuries occurred in 2019, which is quite a reduction from 2014’s 40,000+. Many of these injuries occur in places that should be used to operating in severe winter weather (we’re looking at you, Ohio and Michigan). The majority are sustained from “same level falls,” meaning falls on the walking surface, not involving any heights or falling through another surface. Simply put, these can be very expensive claims, due to the nature of and treatments for musculoskeletal injuries. We know the most inexpensive claim is the one that never happens - so let’s talk about how to avoid some of the dangers brought about by the season. 1. Clear and treat (salt) any walking surface that employees are expected or required to pass. This includes parking lots, sidewalks, ramps, stairs, etc. 2. Monitor indoor walking surfaces for slippery areas where snowy shoes have been, cle
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
OSHA 300A Submissions
It’s time for employers to submit and post their OSHA 300A. Here are some pointers to guide you through the process. More resources can be found on OSHA.gov. Electronic Submission: Go to https://www.osha.gov/injuryreporting/ Click the red “Launch injury tracking application” button on right and follow the instructions Details: Who - Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and/or illnesses. Visit the OSHA website for list of “certain industries”. What - Covered establishments must electronically submit information from their OSHA Form 300A. When - In 2022, covered establishments must submit information from their completed 2021 Form 300A by March 2. How – OSHA provides a secure website that offers three options for data submission. First, users can manually enter data into a web form. Second, users can upload a CSV file to process multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). View the CSV instructions Download a CSV file template Download a CSV sample file View the API technical
Be Prepared for OSHA’s Omnipresence
The advertisement on the front page of OSHA.gov says a lot: “OSHA is Hiring! Apply Now.” Workplace safety enforcement has added significant manpower and has been much more active than in previous years. Inspections have increased in number, as well as in breadth and depth, which is why it’s a great time to give your company a safety tune-up. There have been plenty of distractions in 2021, which may have led to a reduction in attention to detail with required compliance programs. Pair that with the new administration's aggressive OSHA stance, and your company should have a renewed desire to review their OSHA Compliance. This should include all of your written programs, as well as sub-elements under those programs. When is the last time you have updated your health and safety written programs? When is the last time you checked to ensure all of your training is up to date and documented? When is the last time you completed a safety walk-through of your facility, with corrective action taken for any identified discrepancies? What are your compliance weaknesses (or maybe you’re not even sure)? What are the underlying safety deficiencies contributing to your workplace injuries, leaving you vulnerable to OSHA penalties, and what are you doing to correct those issues? These are the types of questions that our Spooner Safety team can help you answer, and get you on the right track
