We mentioned back in August that OSHA’s Region 5 would begin a Regional Emphasis Program (REP) on Exposure to Noise Hazards in the Workplace. This brings up a question that our safety team hears often – how loud is too loud?
The most common answer you’ll hear is between 85 and 90 decibels (dB). That’s roughly the same level of noise you’d be exposed to while operating a lawn mower. Although this is OSHA’s action limit and PEL (permissible exposure limit), there’s still more to think about. If you need to raise your voice to speak to someone three feet away, or employees voice concerns about trouble hearing or ringing in the ears - noise levels might be over 85 dB. The occupational noise exposure standard requires that all employees exposed to noise levels 85+ dB on an 8-hour shift (TWA, or time weighted average) must be included in a hearing conservation program.
The CDC estimates that 22 million workers are exposed to potentially damaging noise at work each year. Whether you work at a sports venue, on a tarmac, or operate a jackhammer—hearing loss is preventable. Hearing conservation programs strive to prevent initial occupational hearing loss, preserve and protect remaining hearing, and equip workers with the knowledge and hearing protection devices necessary to safeguard themselves. A good first step is having a noise survey completed, which will reveal at-risk employees in your facility. If you’re curious how noisy your workplace is prior to scheduling, you can download a decibel meter app on your phone. The accuracy isn’t guaranteed with these apps, but it will give you a close enough estimate to determine if you should schedule more official testing.
This is a good time to remind our readers that OSHA is very well-funded and active right now. If an inspector walked into your workplace today, are you prepared to answer questions about your hearing conservation program? Helpful hint: not knowing you needed one is not a sufficient excuse in their book.
The safety team at Spooner & SuretyHR can assist you with your program writing, as well as provide sound level monitoring in your facility. Please reach out to Derek Hill at dhill@suretyhr.com or Jeremy Smith at jsmith@spoonerinc.com with any questions, or for more details on our safety services.
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
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