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OSHA Violations Will Carry Higher Fines in 2016: Are You Willing to Roll the Dice on Whether or Not Your Company is OSHA Compliant?
Contact Spooner Incorporated Today to Keep Your Company Out of OSHA's Crosshairs in 2016!
A new law gives the federal government the power to impose harsher fines on businesses that violate workplace safety laws, but the financial impact won't be known until next summer.
The Occupational Safety and Health Administration will be able to increase the penalties it imposes — the first increase of its kind in many years — because of a provision that was included in the Bipartisan Budget Act of 2015.
The Republican-controlled Congress approved the two-year budget bill in the waning days of October, just before the federal fiscal year ended. President Barack Obama, a Democrat, signed the legislation Nov. 2.
The Obama administration has argued for the past several years that one of the biggest obstacles to OSHA's enforcement of workplace safety laws is the low level of civil penalties that are allowed.
The civil penalties were limited to $7,000 for serious violations, such as hazards that could cause death or serious bodily injury, and $70,000 for willful and repeat violations.
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
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Westlake, Ohio 44145
Phone: 440-249-5260 ext. 153
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