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
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
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
Posted By Brandy King
December 18, 2023
Category: Ohio Bwc, Bwc Update, Group Retro, Transitional Work, Ohio Bwc EM Cap, Drug Free Safety Program
Ohio Bureau of Workers’ Compensation will be rolling out several changes that will impact Ohio employers in 2024. We mentioned back in August that the way base rates are structured may be changing, which BWC has confirmed. It’s uncertain how this will impact the end premiums, but no big swings are anticipated. We’ll be keeping our clients informed about any major changes.
The following rating elements will also be changing, with the potential to impact future premiums:
• Deductible Factors
• Individual Retro – minimum premium factors
• Group Retro - loss development factors
• Premium Size Credit – ranges and factors
This is also a “wait and see” situation, as we don’t yet know exactly what changes BWC plans on making to these elements.
Certificates of coverage will look different next year as well. They’ll now also list the employer’s MCO, any additional insureds, officers, who is eligible for elective coverage (such as owners), and NCCI codes and descriptions, in addition to the company’s address.
As of now, if employers need to make a minor change or correct an error in a company’s policy name, they had to complete a specific form and fax or mail that form back to BWC. The only way this process could be made slower would be by carrier pigeon. Luckily, they’ve stepped int
Posted By Brandy King
November 27, 2023
Category: EEOC, EEO 1 Reporting, Harassment, Compliance, DEI
EEO1 guidance/reporting
After pushing their projected reporting window back (originally slated to open in July 2023), EEOC opened the reporting window for the 2022 EEO-1 Component 1 data collection reports on October 31. These demographic reports are mandatory for all private sector employers with over 100 employees, as well as certain federal contractors. EEOC has also released a booklet to help employers through the process.
Some employers struggled with reporting options last year, as there was no way to accurately report non-binary staff members. This oversight has been addressed in the booklet. Per the agency, “Employers that voluntarily choose to report non-binary employees in the ‘comments’ section of the report(s) should not assign such employees to the male or female categories or any other categories (i.e., job category and race or ethnicity) within the report(s).” Employers have through December 5, 2023 to submit this data, and EEOC will publish any updates on the process to the dedicated reporting website.
In other EEOC news, the group issued proposed guidance in late September on “Enforcement Guidance on Harassment in the Workplace.” The epic 145-page proposal details what features EEOC feels effective harassment policies should include, as well as the minimum of what effective training should encompass. While that much information may seem like overkill- it’s important to consider that harassment is still
Posted By Brandy King
November 27, 2023
Category: NLRB, NLRA, OSHA, Compliance, Regulatory Agencies, Safety
The National Labor Relations Board (NLRB) announced on October 31, 2023 that they’ll be strengthening their partnership with OSHA on referrals, sharing information, training, and outreach. The Memorandum of Understanding allows OSHA and NLRB to work together more efficiently to enforce labor laws and protect the rights of workers.
Assistant Secretary for OSHA Doug Parker stated, "Everyone should be able to exercise their legal rights in the workplace without fear of losing their job or other forms of punishment.” He noted that the partnership will expand the capacity of both agencies to protect workers raising concerns about workplace violations or retaliatory activity.
This arrangement is likely to increase overall understanding of workers’ rights under federal anti-retaliation and whistleblower protection laws. The two organizations have built a fact sheet to help workers understand their rights and what recourse they have and what recourse they have if those rights are infringed upon. You can find that fact sheet here.
It shouldn’t be news to employers that you can’t (and shouldn’t) retaliate against employees for exercising their rights when it comes to workplace safety. If you don’t already have this poster alongside all of your other required communications to employees, you can order one for free here. We’re sharing the news of this partnership because it stands to amplify the already aggressive stan
Posted By Brandy King
November 27, 2023
Category: 401k, Retirement, Retirement Contributions, Roth, 529, Secure 2.0, Fiduciary Definition
At the end of October, US Department of Labor (DOL) announced a rule expanding what’s considered “fiduciary investment advice” under the Employee Retirement Income Security ACT, better known as ERISA. This will include guidance from those involved in employer-sponsored retirement plans.
The most notable difference will be a change to the five-part test, which will now state that investment advice will be considered fiduciary if the person providing it “does so on a regular basis as part of their business.”
The advice must also be “provided under circumstances indicating that the recommendation is based on the particular needs” of the retirement investor, and could potentially be used as a guide in their investment decisions. DOL’s press release states that the update would come into play when financial services providers are charging what they consider “junk fees” for advice, which can cut into the funds saved.
An attempt was made by DOL in 2015 to update the definition of “fiduciary,” but fell apart after a circuit court vacated the rule before it could be enforced.
The IRS also recently announced plenty of changes in store for 2024, all part of the SECURE 2.0 Act. The headliner of these changes that will impact the majority of people saving for retirement - the maximum employee contribution for 401(k) retirement plans will increase next year. With a $500 increase from 2023, e
Posted By Brandy King
October 19, 2023
Category: General
The short answer is yes, but here are some additional details that may answer any lingering questions.
Ohio Revised Code (O.R.C.) Section 3599.06 provides employees a “reasonable amount of time” away from work to perform their civic duty of voting on election day. This is a bit subjective, so take into consideration whether or not there have been long lines during previous elections in your area. Most employees don’t need a whole day, or even a half day. Plan on giving some extra cushion for employees who may not live near your worksite, as their polling location will likely be closer to their residence.
Additionally, O.R.C. states that employers may not:
• terminate or threaten to terminate an employee for taking reasonable time off to vote
• refuse to allow an employee to serve as a poll worker on election day
• insist that an employee accompany them to a polling location
• use any indirect force or threats to prevent staff from voting or compel them to refrain from voting
Employers are not required to pay hourly employees for this time away, but also may not deduct voting time from hours worked for salaried
Posted By Brandy King
October 19, 2023
Category: General
OSHA is supporting their National Emphasis Program (NEP) on respirable crystalline silica with an initiative focused on manufacturers and wholesalers of brick, stone and related construction materials (NAICS codes 327991 and 423320). This prioritizes inspection efforts for employers in these industries, with each area office in Regions 1- 8 required to perform a minimum of five programmed inspections over the next 12 months. Region 5 encompasses all of Ohio, and Ohio itself has four regional offices (Cleveland, Columbus, Cincinnati and Toledo) spanning the state.
Respirable crystalline silica is 1/100th the size of a grain of sand, and exposure to it has been linked to silicosis, obstructive pulmonary disease, cancer, and other lung diseases. OSHA Administrator Doug Parker stated that workers in the aforementioned industries are reporting severe difficulty breathing, which limits their ability to work, at times resulting in total disability, or even fatality. The initiative also gives authority to local and regional OSHA offices to develop local or regional emphasis programs if they’re justified by relevant data.
If you have questions or concerns about your company’s compliance with the Respirable Crystalline Silica standard, contact your Spooner safety rep, or Spooner’s safety department at
Posted By Brandy King
October 19, 2023
Category: General
There’s a good chance your company is using an electronic benefits module provided by your payroll processor to handle enrollments, deductions, and payments. These add-ons make enrollments a breeze and should automate a great deal of the employee communication, meaning HR isn’t tasked with reaching out to employees who haven’t completed enrollment, or who have a discrepancy in their enrollment choices. All of these applications are designed with most of the same features and capabilities. Not unlike the payroll processor itself – the differences are usually noticeable in the level of service, support, and communication the employer receives.
Employee benefits are often a major pain point for HR and management teams. They’ve already been mulled over for months by the time employees receive enrollment materials. The enrollment window is very time-sensitive, and communication between the employer, their broker, carriers, and payroll provider are essential during this timeframe. Typical enrollment windows are between two and four weeks, so any delays responding to employee issues or questions during enrollment can make things more chaotic than usual.
If communication (either electronic or human) has been a problem in your past open enrollments, consider examining the source of the problem – and how much you’re being charged by your payroll processor for a service that may not be a strong point for them. If having your ow
Posted By Brandy King
October 19, 2023
Category: General
If your business isn’t enrolled in a savings program for the coming 2024-2025 BWC policy year, you’ll want to get the ball rolling ASAP!
Two of the most highly-favored programs are Group Experience Rating (usually called Group Rating, or just “Group), and Group Retrospective Rating (often referred to as Group Retro or Retro). They’re both great programs that can boast savings over 50% for some policyholders, and the difference between them is fairly simple.
Group Rating is like a coupon – you receive the discount upfront, and pay lower premiums throughout the year. The maximum discount is 53% off of BWC’s base rates, which only applies to policies with zero or very few losses in their experience period.
Group Retrospective is more like a mail-in rebate. You pay the sticker price to BWC for premiums, and are rebated following the end of that policy year based on how your pool performed. Refunds can total close to 50% under the most optimal conditions.
Something to keep in mind: TPAs can advertise any Group Retro refund up to and including 63%, even if their pools have never achieved that. A maximum refund is uncommon, and nearly unheard of over the last couple of years due to eroding refunds due to changes within BWC. Recent changes have us hopeful that the program will begin yielding better refunds, but even still - a 63% refund in Group Retro is only achieved if there were no losses within that
Posted By Brandy King
September 21, 2023
Category: legal update, PWFA, workplace discrimination, overtime exemptions, NLRB section 7
Clarity on PWFA
In August, the EEOC finally released the proposed regulations for the Pregnant Workers’ Fairness Act (PWFA). Until this point, it wasn’t entirely clear what expectations were for employers. It was signed into law in December 2022, and became effective June 27, 2023 – even though the proposed regulations hadn’t been issued. Now that regulations (and examples) have been published and opened for comment (which remains open until October 11), things are much clearer. This doesn’t replace any current protections already in place for pregnant or post-partum mothers, so the PUMP and the Pregnancy Discrimination Acts are still in full force. PWFA closes some loopholes that ADA left open and essentially treats pregnancy itself like a disability, offering similar protections to ADA. This means employers with 15 or more employees will be expected to make reasonable accommodations to known limitations associated with pregnancy, childbirth, or related medical conditions.
These regulations won’t require employers to seek supporting documentation as they would in an FMLA or disability claim – but employers may require documentation “only if reasonable under the circumstances.” Luckily, EEOC provides some examples of when it’s not reasonable to ask for supporting documentation – like carrying and drinking water as needed, additional restroom breaks (and breaks in general), sitting/standing modifications,
Posted By Brandy King
September 21, 2023
Category: drug testing, ohio marijuana laws, marijuana legalization, ohio issue 2
Ohioans will soon have the opportunity to vote on whether or not the Buckeye state will join 23 other states in legalizing recreational marijuana. Seven other states will have similar measures on their November ballot this year. If all of them pass, nearly 2/3 of U.S. states will have some form of legal, recreational marijuana.
Ohio’s proposal was born from the Coalition to Regulate Marijuana Like Alcohol, and would create a new government program and infrastructure for adults (21+) to buy, sell, grow and use cannabis. The ballot measure wouldn’t be a constitutional amendment, meaning the legislature could make changes to the proposed rule if it passes. This measure was initially set to appear on the Ohio’s 2022 ballot, but cannabis industry leaders were entangled in a dispute with government officials on the interpretation of the initiated statue process. The proponents of the bill argue that Ohio is missing the boat on tax revenue that would come from the sale of non-medical use marijuana for adults. Patients of Ohio’s medical marijuana program currently only pay the standard 5.75% sales tax. The proposition would be to collect an additional 10% sales tax that would be used for things like social equity and job programs, state efforts to address substance abuse, and supporting municipalities that are home to dispensaries.
States like Colorado have collected over $2 billion in taxes since 2014 from both sales and excise taxes. Th
Posted By Brandy King
September 21, 2023
Category: 401(k), MEP, Retirement plans, employee benefits
The job market has regained some stability over the last year, creating a more even power dynamic between employees and candidates, and employers. That doesn’t change the need to attract good prospects and keep current valued employees. Not all employers can afford to roll out the red carpet on employee benefits, including things like no-cost health coverage, unlimited PTO and free childcare. There is one benefit that virtually all employees want access to, and a route for employers of all sizes to access it: a retirement plan.
Our family of companies created a 401(k) Multi-Employer Plan (MEP) under SuretyHR, and it’s available to all of our clients. This plan is designed to provide more cost-effective, streamlined options to employers with existing plans, and make those benefits accessible for employers of all sizes without a retirement plan in place. Multi-Employer Plans aren’t guaranteed to be less expensive simply because of their structure, and it’s hard to judge the service aspect if you don’t know any of their current clients. If you work with Spooner Inc, SuretyHR or Spooner Medical Administrators – you know a few businesses that participate in this MEP. It’s the same retirement plan that provides for all of our employees! Plenty of SuretyHR and Spooner clients have joined as well, and we’ll be sharing some of their success stories in the coming months.
The assumed cost and administrative work involved wi
Posted By Brandy King
August 25, 2023
Category: DFSP, Ohio BWC, drug free programs, employment policy, employee training, reasonable suspicion
New additional requirements for Ohio companies in Drug Free Safety Program, even at comparable level
Posted By Brandy King
August 25, 2023
Category: osha, osha NEP, workplace safety, forklift operator, warehpuse, distro, amazon dsp, courier service, parcel service
In July, OSHA announced the beginning of a three-year National Emphasis Program (NEP) focused on the warehousing industry. The NEP will also encompass mail and parcel processing, local delivery services, and high-risk retail workplaces. Assistant Secretary of Labor Doug Parker said in a statement that OSHA’s enforcement efforts are “designed to do one thing: lead to permanent change in workplace safety.” The agency will select establishments (based on criteria outlined in the NEP) for in-depth safety inspections that zoom in on the aspects of material handling, means of egress, powered industrial truck operations, fire protection and walking/working surfaces. The inspected establishments will be chosen from both companies with industry codes encompassed in the program, as well as retail establishments with high injury rates, especially those resulting in lost work days (high DART rates).
The number of U.S. employees in the warehousing and distribution center industries has more than doubled in the last ten years, accounting for nearly two million workers across the country. A lot of that growth can be attributed to things like rising consumer demand along with Amazon’s continued growth (which was meteoric during COVID). COVID caused a surge in consumers preferring goods to be dropped at their door, which drastically increased the numbers of not only first-leg drivers, but “last-mile” drivers
Posted By Brandy King
August 25, 2023
Category: ohio bwc, workers comp, group retro, safety council, 2024 py
Ohio BWC will be making some changes for the 2024 policy year (beginning 7/1/24), some of which may have a small advantage for certain policyholders.
Employers will still be subsidizing BWC’s administrative fund as they always have, but House Budget Bill 31 will change how the money is accounted for. Right now, state fund employers are paying base rates plus 29.01%, and that percentage is an administrative fee that goes into the fund. In the future, the admin fee will be fully baked into the base rates, resulting in rates that are roughly 20% higher. All told, employers shouldn’t see a huge difference in amounts paid to BWC. This will apply to both public and private employers, beginning on their respective 2024 policy year start dates.
Another change will allow for potentially better refunds from post-policy year savings programs, like Group Retro, Safety Council, etc. In prior years, those rebates were calculated based on a percentage of “standard premium” – in other words, premiums before BWC’s 29% admin fee was tacked on. If an employer paid $50,000 in annual premium to BWC, only $35,500 if it was counted as premium that they’d be rebated on. Program credits and refunds will begin using full premium in 2024, instead of peeling off the administrative portion of premium when calculating refunds and credits.
The premium dollars going into Retro consortiums will still exclude Premium Size Factor Reductions. T
Posted By Brandy King
July 21, 2023
Category: Safety Consulting, Osha, Osha Compliance, Osha Inspections, Informal Conference, Citations, Loto, Safety Training
Things aren't slowing down at OSHA. If you feel like they've been mentioned in the news a lot lately, that's because they're keeping very busy. 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 other regulatory distractions for management teams in 2023, which may have led to a reduction in attention to detail with required safety compliance programs. Pair that with the current OSHA administrator's aggressive background as the chief of Cal-OSHA, and your company should have a renewed desire to review OSHA compliance matters. This should include all of your written programs, as well as sub-elements under those programs.
When is the last time you updated your health & 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? (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 a
Posted By Brandy King
July 20, 2023
Category: General
Beginning January 1, 2024, OSHA will require employers in certain high-hazard industries with over 100 employees to submit data from Forms 300 and 301 in addition to their 300A by March 2 each year.
For those not familiar, Form 300 is a log of work-related illnesses and injuries, and Form 301 is a corresponding form with incident reports that should match up with Form 300.
OSHA will also be updating NAICS codes used in Appendix A, which lists the industries required to submit Form 300A. They’ll also be adding an Appendix B, which will state the industries required to now submit Forms 300 and 301.
OSHA administrator Doug Parker stated in a press release that this is a big step in helping the administration understand the safety and health problems that workers face. He noted that OSHA will use the data for “interventions involving strategic outreach and enforcement to reduce injuries and illnesses in these high-hazard industries.”
If you have questions or concerns about OSHA reporting, or your organization’s safety policies and procedures, please contact Spooner’s safety team at
Posted By Brandy King
July 20, 2023
Category: drug testing, dot, department of transportation, oral fluid testing, saliva testing, cdl, commercial driver
In May, the U.S. Department of Transportation (DOT) issued a final rule allowing oral fluid testing for employers and employees under their purview. This applies to any commercial vehicle operator, including many passenger vehicles, hazardous material transport, and vehicles with a gross weight over 10,001 pounds. DOT’s rules have long been viewed as the gold standard for the employment-related drug testing industry as a whole. Historically, DOT’s testing standard has been a 5-panel screening based on a split urine sample and laboratory analysis performed in a lab certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). Oral fluid (saliva) testing could ease some of the burden and complications of drug testing for employers. Saliva screens are known to be more convenient and accessible, more cost-effective, have fewer issues with tampering, and provide faster results. Although the new rule went into effect on June 1, 2023, several things need to be in place before this becomes a reality. The Department of Health and Human Services (HHS) must certify at least two laboratories to perform this type of testing, and that may not happen until later this year, or even early 2024.
It’s also important to note that DOT-regulated employers are not required to switch to oral fluid testing, but they will have the option to do so. While saliva-based drug screens have plenty of advantages, they do have a different detection window than urine d
