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Deadline for OSHA Electronic Filing is Finally Set – July 1, 2018

On July 1, 2018, certain California employers will be required to electronically file the OSHA Form 300A for 2017.  OSHA first announced the electronic filing requirement in May 2016 but since the announcement the agency has set, delayed, and re-set the deadline for enforcement.  The delay is over – covered employers have until July 1, 2018 to electronically submit the 2017 Form 300A.

Is Your Company a Covered Employer?

Employers who employ 250 or more employees and employers in certain industries with “historically high rates of occupational injuries and illnesses” are subject to the July 1st deadline.  The list of such industries can be found here. Our advice is to carefully review the list as some of the industries listed might surprise you (e.g., “specialty food stores”, “museums”, “services to buildings and dwellings”).

Filing Electronically

OSHA has provided a secure website that offers three options for data submission.

  1. Manually enter data into a web form
  2. Upload a CSV file to process single or multiple establishments at the same time
  3. Users of automated record keeping systems will have the ability to transmit data electronically via an API (application programming interface).

OSHA has provided resources for those organizations needing help with the filing.  Those resources can be found here.

Remember – the deadline is July 1, 2018.  Don’t delay!

 

 

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ALERT! OSHA Delays Enforcement of Electronic Filing of Form 300A

In January 2017, OSHA adopted its final rule requiring certain employers to electronically file OSHA 300A forms as of July 1, 2017.  As of now, enforcement of that requirement has been delayed and employers do not have to report injuries electronically.

OSHA issued the following statement: “OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Updates will be posted to this webpage when they are available.”

CoreHR Team will continue to monitor OSHA’s website and we will post any updates.

 

 

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NEW! OSHA Electronic Reporting

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published the agency’s final electronic rule, titled “Improve Tracking of Workplace Injuries and Illnesses.”

The rule may impact your organization in a variety of ways, including:

  1.  Depending on the size of your organization, you may be required to submit reports electronically
  2.  An organization’s internal injury reporting procedure may have to be modified
  3.  Organizations – not just those in California – may have to abandon post-accident drug/alcohol testing policies

Electronic Reporting

Appropriately named, the electronic rule requires employers – based on size and industry – to electronically submit accident and injury reporting forms to OSHA.

  • Employers with 250 or more employees (including part-time, seasonal or temporary workers) in each establishment must electronically submit their 300, 300A and 301 forms to OSHA on an annual basis
  • Employers with more than 20 but less than 250 employees in certain identified industries must electronically submit their 300A form on an annual basis
  • Employers who receive notification from OSHA must electronically submit their 300, 300A and 301 forms to OSHA

OSHA will then post the data from employer submissions on a publicly accessible Web site.

Internal Reporting Procedures

Employers now must develop employee injury and illness reporting requirements that meet specific criteria.

Employers must inform employees of the following:

  • Procedures for reporting work-related injuries and illnesses promptly and accurately
  • A procedure is not reasonable if it would deter or discourage employees from reporting injuries or illnesses
  • Employees have the right to report work-related injuries and illnesses
  • Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses

Additionally, employers must inform employees that they have a right to report a work-related injury and terminating or otherwise discriminating against employees for reporting work-related injuries or illnesses is strictly prohibited.

No Post-Accident Testing

In California, an employer must have “reasonable suspicion” before requiring an employee to submit to a drug or alcohol test. CoreHR Team has long advised our clients that the mere occurrence of an accident is NOT reasonable suspicion and, therefore, per se post accident testing policies violate the law.  Now, OSHA has expressly stated that a post-accident drug policy equates to a policy that will “deter or discourage” employees from reporting an injury, a practice prohibited under the new rule.

When does the new rule take effect?

There are two important effective dates:

  1. August 10, 2016:  Employers must abide by the new internal reporting procedures and policy.
  2. January 1, 2017: Electronic reporting procedures take effect.

Questions?  Call CoreHR Team at 559-825-6629

 

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Failing to read this may cause serious injury to your business!

February 1 Deadline Fast Approaching

Under the Occupational Safety and Health Administration’s (OSHA) Recordkeeping regulation (29 CFR 1904), covered employers are required to prepare and maintain records of serious occupational injuries and illnesses, using the OSHA 300 Log.   OSHA also requires employers to post an annual summary using OSHA’s Form 300A, no later than February 1 of each year.

Are You a Covered Employer?

Most employers are covered with two notable exceptions: (1) employers with less than 10 employees and (2) employers operating in certain “low hazard” industries.  Here is a list of industries exempt from the reporting requirements.

I’m Covered, What Am I Supposed to Do?

Covered employers must complete and post an OSHA Form 300A (Annual Summary) no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.  In other words, by February 1, 2016, you must post the OSHA Form 300A for injuries that occurred in 2015. The form must be posted from February 1 to April 1. Employers must save the OSHA Form 300 log, the privacy case list (if one exists), the OSHA Form 300A, Annual Summary, and the OSHA Form 301 Incident Report for five (5) years following the end of the calendar year that these records cover.

Employers are required to update the 300 logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, employers must enter the new information.

Employers must make the OSHA forms available for inspection and copying by certain government regulatory agencies (e.g., Department of Labor). OSHA forms must also be provided to employees, former employees and their representatives in certain situations, including litigation.

What is a “Recordable” Incident?

According to OSHA, the following must be recorded on an employer’s Forms 300 and 300A:

All work-related fatalities

All work-related injuries and illnesses that result in days away from work, restricted work or transfer to another job, loss of consciousness or medical treatment beyond first aid

Significant work-related injuries or illnesses diagnoses by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness (e.g., a cut, fracture, sprain, or amputation)

Acute and chronic illnesses (e.g., a skin disease (i.e. contact dermatitis), respiratory disorder (i.e. occupational asthma, pneumoconiosis), or poisoning (i.e. lead poisoning, solvent intoxication)

Event or exposure in the work environment that either caused or contributed to a actute or chronic illness

Event or exposure in the work environment that significantly aggravated a pre-existing injury or illness

All employers must report directly to OSHA:

  1. All work-related fatalities within 8 hours.
  2. All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.

Fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an in-patient hospitalization, amputation or loss of an eye, these incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident.

More Information

OSHA’s website www.osha.gov is an excellent resource.  OSHA has created a new “OSHA Fact Sheet” for more information on the reporting requirements.

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OSHA Fines Significantly Increase In August 2016

It’s been 25 years since the Occupational Health and Safety Administration (OSHA) has raised fines levied against employers. On November 2, Congress gave OSHA the green light to “catch-up” and greatly increase fines for violations both big and small.

Beginning August 1, 2016, fines will increase approximately %80, with a maximum increase of %150. Based on the above, the penalties will likely increase as follows:

Other Than Serious – $12,600 (increased from $7,000);

Serious – $12,600 (increased from $7,000);

Repeat – $126,000 (increased from $70,000); and

Willful – $126,000 (increased from $70,000).

Employers should prepare for OSHA inspections and take every step necessary to ensure the safety and wellness of their workforce.

OSHA Cracking Down

144e6293cf6b4e2ba91facbc3edda0de.jpg_srb_p_237_157_75_22_0.50_1.20_0.00_jpg_srbThe Occupational Safety and Health Administration announced new and stricter policies for the healthcare industry.  The new policy requires OSHA inspectors to focus on five key areas during on-site inspections.  The five areas include: safe patient handling, workplace violence, bloodborne pathogens, tuberculosis and slips, trips, and falls. See the new policies here.