Let’s not forget that OSHA’s Heat Illness Nation Emphasis Program (NEP) is still going strong. On days that the National Weather Service issues a heat warning or advisory for certain areas, expect OSHA to be making rounds and doing inspections in 70+ indoor and outdoor industry settings that are considered high risk for heat illness.
A study was recently published in International Journal of Environmental Research and Public Health using data reported to OSHA. The research team found that 3% of all injuries and fatalities were exertion related – and of those, a staggering 89% were heat-related. Unsurprisingly, industries associated with outdoor work like construction, agriculture, and farming show heat as being a significant occupational danger – but the stats are also high for assembly line workers. Even today, many indoor industrial environments like warehousing, and production and assembly lines, don’t have A/C throughout their entire facility. Office areas will typically be cooled - but where most of the workers are concentrated, they rely on large ceiling fans, air circulation provided by open windows and loading docks, as well as personal cooling devices brought by the employees themselves.
Much like work-related falls, heat illnesses are preventable. As an employer, you have a responsibility to provide rest, water, and shade to employees, allow new workers to acclimate to the heat in short bursts, monitor staff for signs of heat illness, plan for emergencies, and train your team to do the same and look out for one another. If any employee shows signs of heat illness, you should act right away. Remove the worker from the sun and heat immediately and take first aid steps to cool them down, and do not leave them alone. Heat illnesses are stealthy, and can progress rapidly with the potential to lead to a fatality. If the worker is showing signs of heat stroke, such as confusion, slurred speech or loss of consciousness, call 911 immediately.
If you have questions or concerns about your company’s heat illness prevention and protection programs, please reach out to our safety team at (440) 249-5284. OSHA has plenty of information and posters available on their website as well.
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
28605 Ranney Parkway
Westlake, Ohio 44145
Phone: 440-249-5260 ext. 153
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