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OSHA's Aggressive Stance Continues

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 are the types of questions that our Spooner Safety team can help you answer, and get you on the right track to improve your compliance and reduce your injuries and regulatory exposure. Our safety professionals are available to conduct these program reviews for you, including facility compliance via “Mock OSHA” inspections, and providing a full suite of training and consulting services to help you comply with OSHA General Industry and Construction Regulations.

Maybe you’re on top of your safety tune-ups, but are still anticipating (or just had) a visit from OSHA. That could be because you’ve had to make a serious injury report, or you suspect an employee may have filed a complaint. Spooner’s Safety experts have plenty of experience in managing inspection cases. We can guide you through every step in the process - from the on-site inspection and coordinating with OSHA, to orchestrating abatement efforts and negotiating a settlement at the informal conference. Let us take the lead – we’ll satisfy OSHA, maximize your chances of a penalty reduction, and improve your workplace safety along the way. Contact Jon Carpenter at 440.249.5284 | Ext: 110 for more information on our safety services.

Posted By Brandy King in Safety Consulting, Osha, Osha Compliance, Osha Inspections, Informal Conference, Citations, Loto, Safety Training

Most Recent

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

Blog

OSHA's Aggressive Stance Continues

DOL Issues Final Rule on Independent Contractors

A Guide to Submitting 2023 OSHA Logs

Grading Payroll Providers on Enrollment and W-2 Performance

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