Safety and Workers' Compensation Management

BWC Provides Safety Consultations for Combustible Dust

For employers that have combustible dust exposure, the Ohio BWC has published this article. The agency reminds companies that BWC experts can assist employers with understanding, recognizing, and preventing combustible dust hazards. Request a safety consultation online or call 1-800-644-6292. 2/10/2022

BWC Considers Another Rate Reduction for Employers

The staff of the Ohio Bureau of Workers’ Compensation (BWC) has proposed a 10% rate reduction for premiums paid by private employers. (The proposed 10% rate cut would represent a statewide average; the actual premium paid by an individual employer would depend on multiple factors.)

If approved by the BWC board at its Feb. 25 meeting, Ohio employers would save an estimated $106 million. This would mark the fourth annual reduction in premium rates since Gov. Mike DeWine took office in 2019. 1/31/2022

Maintaining a Healthy Workplace in Year Three of COVID-19

While OSHA’s COVID-19 vaccinate-or-test requirement has been sidelined, the obligation to keep a safe workplace remains a priority.

OMA Connections Partner Fisher Phillips has published this updated analysis that provides a three-step plan to maintain a healthy work environment. The plan urges employers to focus on having a written COVID-19/infectious disease policy; engaging with employees; and providing a clean workplace. 2/2/2022

BWC Will Pay for What You’re Already Doing

The Ohio BWC’s Substance Use Recovery and Workplace Safety Program (SURWSP) will pay you back for drug-free workplace program-related purchases, including:

• Policy audits and development;
• Employee education and supervisor training;
• Courses and tools to help improve program administration; and
• Drug testing (if employers have a second chance policy).

OMA Connections Partner Working Partners^® says all Ohio employers that are covered by the state’s workers’ compensation fund and that are current on their premium payments can take advantage of SURWSP. 1/31/2022

OSHA Updates Safety Guidance on Robotic Systems

As robotic technology becomes more collaborative and mobile, OSHA has updated and expanded its technical manual and the chapter titled “Industrial Robot Systems and Industrial Robot System Safety.”

The manual guides OSHA compliance officers as they perform inspections, and serves as a technical resource for safety and health professionals who oversee the use of robotic systems. See OSHA’s announcement. 2/2/2022

Next Steps for Employers After OSHA Withdraws COVID-19 ETS

“Prepare for an OSHA with teeth for the rest of 2022 and beyond. The agency might have been blocked from enforcing its COVID-19 vaccinate-or-test ETS, but it is loaded for bear when it comes to enforcement of workplace safety obligations right now.”

That’s the advice of OMA Connections Partner Fisher Phillips, which has published this new COVID-19-related guidance for employers after OSHA withdrew its vaccine requirement impacting employers with 100 or more employees.

The firm notes that OSHA has indicated it will keep trying to impose a COVID-19 vaccinate-or-test requirement by pursuing a permanent rule through the normal notice-and-comment process. The agency may tailor the rule to a narrower group of employers by targeting specific industries. 1/26/2022

Registration Open for Ohio Safety Congress

Registration is open for the 2022 Ohio Safety Congress and Expo (OSC22), which will be held virtually March 9-10. Hosted by the Bureau of Workers’ Compensation (BWC), this is the largest regional safety and health conference in the U.S. Attendance is free for Ohio employers and their employees.

OSC22 will feature more than 40 live broadcast and on-demand sessions that address business strategies, innovation and technology, governance and compliance, workers’ compensation, and professional development. More than 30 exhibitors will be online, including the OMA. Register now. 1/19/2022

OSHA Increases Maximum Penalties

The U.S. Department of Labor recently published its yearly increases to the maximum civil penalties that OSHA may assess via citations against employers. OMA Connections Partner Fisher Phillips has published this summary of the agency’s new maximum penalties, which are now in effect.

The firm says employers should understand the full impact of accepting OSHA citations without contesting them, and advises businesses to contact legal experts before paying any fine assessed by OSHA or a state agency. 1/19/2022

Post Your OSHA 300A Log by Feb. 1; Submit by March 2

At the end of each calendar year, OSHA requires covered employers to review their OSHA 300 Log for completeness and accuracy — and to complete Form 300A, which summarizes work-related injuries and illnesses.

The agency has begun collecting 2021 Form 300A data. Manufacturers with 20 or more employees must submit the form electronically by March 2, 2022 — and 300A forms must be posted in the workplace from Feb. 1 to April 30, 2022.

See this summary from OMA Connections Partner Safex.

By the way, if you missed our “Introduction to OSHA Recordkeeping” webinar last week, access it on demand at the OMA’s video library. Ohio BWC is offering a similar event on Thursday, Jan. 27. 1/19/2022

Anti-Vaccine Bills Could Undermine Workers’ Comp, Expand Employer Liability

In several states, including Ohio, some conservative lawmakers — traditionally champions of lawsuit abuse reform — are leading the charge to expand employer liability if those employers require vaccines. That’s the takeaway from a recent guest editorial in The Wall Street Journal (subscription) authored by Sherman Joyce, president of the American Tort Reform Association.

Joyce warns that if these measures pass, employers will face a “sued-if-you-do, sued-if-you-don’t situation,” while the employer-funded workers’ compensation system is undermined. 1/17/2022