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Respiratory Protection, Fit Testing & Written Programs

If your workplace exceeds the permissible exposure limits of airborne contaminants (more on that here), there are a few items you should have in place, starting with a written respiratory protection program. If this isn’t something your own safety staff is comfortable putting together, you can outsource it to a third party. Spooner’s safety team is well-versed in helping develop these types of programs to help businesses remain compliant. Once the written program is finalized, you’ll need to select the appropriate respirator based on the type of exposure. After both of those tasks are complete, it’s time to schedule respirator fit testing.

Even though a pulmonary function test (PFT) is not always required by OSHA prior to wearing a respirator on the job, the medical provider performing the certification may require a PFT as part of the process. A PFT is required for employees wearing respirators for protection from asbestos, cotton dust, benzene, formaldehyde, silica and beryllium, to name a few.

Any employee planning on wearing a respirator at work will need to complete OSHA’s Respirator Questionnaire. Simply asking your employees to complete one prior to wearing a respirator isn’t sufficient - OSHA requires that a physician [or other licensed health care professional (PLHCP)] to review the questionnaire. How the form is completed is determined by the type of respirator worn, and certain responses may serve as a red flag that additional medical intervention may be necessary. The OSHA Respiratory questionnaire doesn’t need to be updated annually, unless certain requirements are met, such as an employee reporting new symptoms or changes in the work environment.  

Respirators used in the workplace need to be fitted to the individual employee. The fit process is fairly simple, and is done to ensure a tight seal on the employee’s face. The employee should bring their equipment to the clinic with them, or along to the onsite testing location if done at the worksite. The biggest hiccup that medical providers have during this process is the presence of facial hair on the worker being tested. Facial hair shouldn’t be present between the face and sealing surface. Some argue that there’s unclear language on this in the standard, but they’ve issued several letters of interpretation clarifying that an employer allowing workers to pass fit testing with interfering facial hair would be considered non-compliant. If you’re sending your staff to an occupational health clinic, don’t be surprised if they ask your employee to shave.

If you’re unsure if the airborne contaminants in your workplace exceed OSHA’s permissible limits, you should consider having air sampling performed. These can be performed by industrial hygienists, and Spooner can refer you to a number of great third party contractors for this.

The employer is responsible for ensuring the respirator itself doesn’t present a hazard, as well as instructing the employee on how to clean, maintain and store the apparatus – even in the case of an employee’s voluntary use of a respirator. Spooner’s Safety Team is here to help ensure your business is meeting the OSHA guidelines for respiratory protection, and we can also provide qualitative fit testing at your worksite. Please reach out to Derek Hill with any questions, or for additional help at: dhill@suretyhr.com.

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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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