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 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
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