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February 2023 OSHA Update

Secretary of Labor Marty Walsh announced his resignation in early February. At the time of the update, he has not actually stepped down and ideas are being tossed around about his potential replacement. Deputy Secretary of Labor Julie Su is expected to take over as acting secretary, which presents the possibility that she could be our next Secretary of Labor. Regardless of who fills the shoes, OSHA field offices and inspectors will stay busy (see below) – which means employers need to stay diligent.

Expansion of combustible dust NEP – This National Emphasis program has now been expanded to the following industries:

311812 – Commercial Bakeries
325910 – Printing Ink Manufacturing
321912 – Cut Stock, Resawing Lumber, and Planning
316110 – Leather and Hide Tanning and Finishing
321214 – Truss Manufacturing
424510 – Grain and Field Bean Merchant Wholesalers

The NEP was revised after enforcement reports indicated that wood and food products made up over half of the materials involved in combustible dust fires and explosions.

Instance-by-Instance Citations – Also in February, OSHA announced a change in how they may handle enforcement to discourage non-compliance. Instead of grouping citations, Regional Administrators and Area Directors can use their authority to cite each instance of non-compliance separately. These will theoretically be reserved for “high gravity,” serious, and repeated violations including lockout/tagout, machine guarding, confined space, trenching and several more. You can read more about it here.

Employee Representation During Inspections – OSHA is expected to publish its Notice of Proposed Rulemaking (NPRM) this May for a proposal that would permit workers to designate another worker or union representative to accompany an OSHA inspector during a walk-through. More importantly, it could be permitted regardless of whether the rep is your employee, or your facility is unionized.

If this sounds familiar, the letter of interpretation referred to as the “Fairfax Memo” issued in 2013 stated roughly the same thing, and was rescinded in 2017 in light of a federal lawsuit filed by the National Federation of Independent Businesses. We’ll keep you informed of any updates on this, and when the NRPM enters the commentary phase. In the meantime, make sure your management and safety teams are on the same page about how inspections will be handled, should the occasion arise.

Posted By Brandy King in Osha, Osha Compliance, Fairfax Memo, Combustible Dust Nep,

Most Recent

DOL Issues Final Rule on Independent Contractors

Posted By Brandy King
January 17, 2024 Category: DOL, Independent Contractors, Ohio Bwc, Workers' Comp

Who’s Really an Independent Contractor? DOL Finalizes New Rule Clarifying Classification Earlier this month, the U.S. Department of Labor (DOL) finalized its rules regarding classification of independent contractors. The organization hadn’t previously defined this by regulations, only by guidelines (which are as clear as OSHA “best practices”). The updated rule creates a six-factor “economic realities” test to determine whether or not a worker is truly an independent contractor under the Fair Labor Standards Act (FLSA). Among others, the test includes factors such as degree of permanence, amount of control the employer holds, and the worker’s skills. Since Ohio employers aren’t required to cover 1099 employees under their BWC policy, we have a lot of discussions with clients about whether or not a worker actually meets the qualifications of being an independent contractor. Understanding these qualifications is not only important for insurance purposes, but also for recordkeeping, and the application of minimum wage and overtime rules. Our friends at Roetzel & Andress have done a great job of explaining this new classification rule in a way that’s easy to digest and understand, so we’re deferring to their recent update for the details. For more info on how independent contractors can impact your Ohio BWC policy, check out this blog. This goes into effect March 11

A Guide to Submitting 2023 OSHA Logs

Posted By Brandy King
January 17, 2024 Category: OSHA, Electronic Recordkeeping, Form 301, Form 300, OSHA 300A, Safety, Incident Reporting, Compliance

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

Grading Payroll Providers on Enrollment and W-2 Performance

Posted By Brandy King
January 17, 2024 Category: Payroll, Overcharging, Additional Fees, Surety HR, SI PEO, Payroll Processing Fees, ADP Fees, Paychex Fees

With 2023 group health enrollments behind us, and W-2 season wrapping up – most employers have a strong opinion about the role their payroll provider played in both of those, good or bad. Let’s consider open enrollment first. If your payroll provider utilizes an electronic benefits module, and made an implementation plan with your broker – things should have gone smoothly. Benefits enrollment is always subject to hitting snags throughout the process. Here are some things to consider: • Was there communication between all parties if a timeline changed? • Was everyone pulling in the same direction, without making you (the employer) an unnecessary go-between? • Was every party involved invested in making sure things were done right the first time? • Have you considered an API connection or Data Bridge with your Carrier? (Fees may apply) It’s important not to over- or under-rely on technology. Let the electronic benefits modules do their job, but make sure you and your payroll provider have your eyes peeled for potential issues. W-2 season brings similar headaches. If the employer has done their best to ensure that all employee info is up-to-date and accurate, the prevention and resolution of those headaches’ rests heavily on your payroll provider. If employees have questions about W-2s, or there’s a potentia

Blog

February 2023 OSHA Update

DOL Issues Final Rule on Independent Contractors

A Guide to Submitting 2023 OSHA Logs

Grading Payroll Providers on Enrollment and W-2 Performance

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