Some of the calls and emails we receive from Spooner clients may be preventive and simple, others can be panicked, and everything in between. One of the things that sets Spooner apart is that we don’t just have a safety services team – we encourage our clients to take advantage of those services. We offer a 24/7 OSHA-Safety hotline to all of our clients, we can assist them in OSHA informal conferences, and we advise them to call us right away when OSHA is involved (or will be). The knee-jerk reaction for many people is to just start talking when OSHA shows up, announced or not. We’d recommend contacting us and/or your attorney before doing anything else. If you don’t have an attorney that is well-versed on labor and employment law, we can connect you with one. This isn’t something for your tax or real estate attorney to handle. There’s no need to make any admissions of guilt during the inspection. The importance of understanding the OSHA process and your rights before they come knocking can’t be overstated. Every inspector will present differently, but they’re always trying to get information – that’s their job. Regardless of what they find during the inspection, there’s a good chance the employer may have recourse in negotiating a settlement better than the “as written” citation.
It’s not unusual for our safety team to assist clients in getting a case dismissed before it even reaches the penalty stage, so it’s impossible to place a value on those. We could try, but that’s not very transparent marketing – since we’d only be guessing at what a specific inspector may have done. What we can place a value on is the average savings between proposed and final penalties, by compiling the last few years of inspections that we assisted clients on. The amount our clients paid out to OSHA was an average of 56% lower than the initially proposed fine. This is not a guaranteed savings, as the savings ranged from 30% to 100%. We’d caution employers to be leery of any consultant that assures you that they can save you a specific amount, or a minimum amount. While there is the “letter of the law” that all inspectors should follow, much of the turnout is subjective to each inspector’s approach.
If your organization needs help following an OSHA inspection and/or citation, please reach out to us at 440-249-5201. You can also find more information on Spooner’s safety services here.
Posted By Brandy King
January 15, 2025
Category: General
The clock is ticking on Group Retro enrollment for the 2025 Ohio BWC policy year! The deadline for Group Retro paperwork is January 27, 2025. If you're a Spooner client enrolling in Retro, you should have already received your program renewal from us. If you haven’t, please reach out to your client services manager. If your BWC policy was disqualified for savings programs for 2025 or you don’t have the flexibility of waiting to see savings, we’d also encourage you to explore SuretyHR, our self-insured PEO (professional employer organization). SuretyHR is an alternative to being insured by Ohio BWC for workers’ compensation. By creating a co-employment relationship with other employers, we’re able to place them in our own self-insured workers’ compensation plan. PEO clients also have the added benefit of SuretyHR’s team assisting with safety, HR, FMLA and unemployment claims administration, and quite a bit more. You can request a savings analysis from SuretyHR
Posted By Brandy King
January 07, 2025
Category: Ohio BWC, Group Retro, 20018 Group Retro, 2019 Group Retro, Group Retro Refunds Withheld
The team at Spooner Risk Control Services, Kent Elastomer Products, Inc. and Roetzel & Andress have scored another win in the fight to get businesses the Group Retro refunds they’ve earned. Background: At the end of 2020, we shared Ohio BWC’s decision to withhold Group Retro refunds owed to participating employers for the 2018 and 2019 policy years. This was based on the concept that employers were already returned 100% of premiums for those years via dividends released to Ohio employers in April and October of 2020. However, dividend distribution and Group Retro refunds are governed by different rules, and different portions of the Ohio Revised Code. We appealed this decision in August 2020, kicking off a legal battle with Ohio BWC that will continue into 2025. After the victory for Group Retro participants in February 2023, BWC appealed the magistrate’s ruling, stating five objections. A hearing was held on November 19, 2024 by the 10th District Court of Appeals, and four of the five objections were overruled. For the reasons detailed here, the court again ruled in favor of Ohio businesses granted a limited writ of mandamus (meaning BWC is obligated to pay out Group Retro refunds). Hellbent on not paying these earned program refunds to employers, BWC chose to file yet another appeal on December 30, 2024 arguing their reasoning for withholding the refunds. From here, the matter will be referred to the Supreme Court of
Posted By Brandy King
December 16, 2024
Category: Non Compete, Employment Law, Non Solicitation Agreement, Ohio
FTC’s Non-Compete Ban Blocked, But Gray Area Remains In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule. A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two. Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.” Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.” For now, bo
28605 Ranney Parkway
Westlake, Ohio 44145
Phone: 440-249-5260 ext. 153
Hours: 8AM to 5PM