News and Analysis
OSHA Issues Recommended Practices for Anti-Retaliation Programs
January 27, 2017Earlier this month, the Occupational Safety and Health Administration (OSHA) issued Recommended Practices for Anti-Retaliation Programs.
OMA Connections Partner Frantz Ward highlights some of the key items recommended by OSHA for an effective anti-retaliation program and advises: “To the degree that OSHA applies this Guidance in connection with investigations of alleged retaliation, employers should have a record that they considered and, to the degree applicable to their circumstances, adopted recommendations from it.” 1/23/2017
BWC Approves Safety Grants for 41 Employers
January 27, 2017Ohio Bureau of Workers’ Compensation (BWC) Administrator/CEO Sarah Morrison this week announced 41 employers will share more than $942,000 in grants to purchase equipment designed to substantially reduce or eliminate workplace injuries and illnesses.
The BWC commits $15 million to the safety grant program each year.
Here is a listing of recipients by county, including descriptions of planned equipment purchases.
The Safety Intervention Grant program provides employers with a 3-to-1 matching amount up to a maximum of $40,000. Quarterly data reports and follow-up case studies help BWC determine the effectiveness of employers’ safety interventions and establish best practices for accident and injury prevention. Learn more about the Safety Intervention Grant Program.
View stories about previous grant recipients on BWC’s YouTube channel. 1/25/2017
OSHA Issues Final Rule on Beryllium Exposure
January 20, 2017OSHA issued a rule on Jan. 6 that lowers workplace exposure to beryllium, a metal that can be hazardous to workers when particles are inhaled through dust or fumes during processing.
The new standards will lower the eight-hour permissible exposure limit to beryllium from 2.0 to 0.2 micrograms per cubic meter of air. When concentrations exceed those limits, employers will be required to take additional measures to protect workers.
The rule becomes effective on March 10, 2017, after which employers have one year to implement most provisions. For more information, see OSHA’s beryllium final rule webpage. 1/18/2017
Registration Open for 2017 Ohio Safety Congress & Expo
January 13, 2017
Registration is now open for the 2017 Ohio Safety Congress & Expo (OSC17), the largest regional safety and health conference in the U.S. The event, sponsored by the Ohio Bureau of Workers’ Compensation (BWC), will run March 8-10 at the Greater Columbus Convention Center.
OSC17 will feature more than 200 educational sessions presented by experts from across the country covering topics related to occupational safety and health, wellness, rehabilitation, controlling claims costs and medical treatment of injured workers.
An expo marketplace will also host more than 200 exhibitors. Come visit OMA at booth #434!
Attendance is free for Ohio employers and their employees. Registration and course listings are available here. 1/7/2017
Governor Signs Firefighter Cancer Bill into Law
January 13, 2017Last week, Governor Kasich signed Senate Bill 27, the “firefighter cancer bill,” into law, making it possible for firefighters with cancer to receive workers’ compensation benefits.
For workers’ compensation purposes, the bill presumes that firefighters who develop cancer contracted the disease while performing their firefighting duties.
The OMA worked to ensure the bill included protections against potential expansion to other industries.
OMA workers’ compensation counsel Sue Wetzel of Bricker & Eckler provides this summary of the final bill. 1/12/2017
High Court Decision Overrides Bargained Provision
January 6, 2017In a recent Supreme Court of Ohio case, State ex rel. BF Goodrich Co. v. Indus. Commission of Ohio, the injured worker sought overtime compensation for the time she was in the employer’s light duty/restricted employee work program as a result of a workplace injury.
The terms of the program were determined by a collective-bargaining agreement that contained a provision that employees on light duty outside of their own job classification are not eligible for overtime.
Parties escalated the case through the judicial system until the high court eventually held that the claimant was eligible for wage-loss compensation because 1) she suffered a reduction in wages during the periods of time at issue, and 2) her placement in the light-duty program was causally related to the allowed conditions of her claims.
Read more from OMA counsel, Sue Wetzel, of Bricker & Eckler. 12/29/2016