Safety and Workers' Compensation Management

Don’t Forget About Your Local Safety Council

Ohio Bureau of Workers’ Compensation (BWC) continues to sponsor its statewide network of safety councils, although it has suspended the premium rebate opportunity and requirements at this time. The councils are operating virtually with 71 of the 84 councils offering monthly programs. Later this spring, the BWC plans to announce program decisions for the 2021 policy year, which starts July 1. Any employer not already a member of a safety council can enroll at any time. 1/26/2021

Still Time to Register: OMA Webinar on Infectious Disease Response

There’s still time to register for the OMA’s Feb. 4 webinar that will address infectious disease preparedness and response plans for manufacturers. Presented by OMA Connections Partner Safex, the event will examine OSHA’s recommendations during COVID-19, as well as ideas for future outbreaks. Click here for more details or to register. 1/27/2021

Biden Order Seeks Stronger Workplace Safety Rules, Tougher OSHA Enforcement

Thursday evening, President Joe Biden issued an executive order directing federal regulators to implement stronger safety guidance for workplaces during the pandemic.

Among other actions, the order directs OSHA to update COVID-19 safety recommendations for businesses within the next two weeks, review its enforcement efforts, and study whether an emergency temporary standard (ETS) — which businesses would have to comply with under the threat of penalties — is necessary. The agency must issue the emergency standard by March 15, if deemed necessary.

The National Association of Manufacturers (NAM) this week said it expects OSHA will soon issue an ETS, with penalties for non-compliance being “significant and publicized.” 1/21/2021

OMA Webinar Will Examine Infectious Disease Response

OSHA recommends that employers prepare an Infectious Disease Preparedness and Response Plan in response to COVID-19. Register now for the OMA’s Feb. 4 webinar, which will examine OSHA’s recommendations. Click here for more details on this event, which will be presented by OMA Connections Partner Safex. 1/19/2021

Application Deadline Is Jan. 29 for These BWC Programs

Employers interested in the Deductible, Individual-Retrospective-Rating, or One Claim programs must file an application by Jan. 29 for the program year beginning July 1, 2021. And employers interested in the Policy Activity Rebate program must apply — also by Jan. 29 — for the policy year that began July 2020.

Questions? Email the OMA’s Brian Jackson. 1/20/2021

Court Says Injured Workers Can’t Reject Valid Light-Duty Offers

OMA Connections Partner Dinsmore has highlighted a recent court case involving a refused light-duty job offer. In Ohio, a light-duty job offer is a strategic way to either bring an injured worker back to the workforce or bar temporary total compensation (should the injured worker reject a valid offer). Either way, it can aid employers in eliminating, minimizing, and/or stopping temporary total disability compensation from being paid in a claim.

Dinsmore notes that the Tenth District Court of Appeals recently determined the reason for the injured worker’s refusal of a light-duty job offer was only relevant if the offer was not made in good faith by the employer. In this case, the Industrial Commission found the employer’s offer was made in good faith; therefore, it would be inappropriate to award temporary total compensation.

While this decision is favorable to employers, it is still important to ensure that light-duty job offers are crafted carefully. For more on this subject, contact an OMA workers’ compensation account manager. 1/20/2021

Ohio Employers Urged to Cash Dividend Checks

The Ohio Bureau of Workers’ Compensation (BWC) urges employers to cash the checks BWC mailed in December to mitigate the economic hardship brought by COVID-19. As of Tuesday of this week, 23,351 employers had not yet cashed $513.7 million in BWC checks, which have a 90-day life. 1/14/2021

Amended PTSD Bill Is ‘Big Win for Ohio Employers’

This week, Gov. Mike DeWine signed House Bill 308, which creates a fund for the payment of compensation and benefits for first responders suffering from post-traumatic stress disorder (PTSD) — but do not have an accompanying physical injury received in the course of, and arising out of, employment.

The OMA played a key role to amend this legislation, helping to avoid a costly expansion of Ohio’s employer-funded workers’ compensation system.

OMA general counsel Bricker & Eckler has published this insight into HB 308 as passed and signed, calling the bill’s solution “a big win for Ohio employers” since private employers will not be responsible for paying into the PTSD fund. 1/12/2021

OSHA Increases Maximum Penalty Amounts

OSHA’s civil penalty amounts for workplace safety and health violations are increasing based on cost-of-living adjustments for 2021. The maximum penalty amount will now be $13,653 per violation, and $13,653 per day beyond the abatement deadline. In 2015, Congress directed federal agencies to adjust their civil monetary penalties for inflation every year. 1/14/2021

Ohio’s COVID-19 Vaccination Plans: What We Know So Far

Manufacturers are raising questions regarding Ohio’s COVID-19 vaccination distribution plans. Here’s what we know to date:

• Ohio is currently in Phase 1A of the state’s vaccine distribution. This phase is focused on inoculating health care workers and nursing home residents.
• Phase 1B — which will include Ohioans ages 65 and older, those with severe medical issues, and staff at K-12 schools — is expected to begin Jan. 19. With more than 2 million people in this group, Phase 1B is expected to take several months to complete.
• Based on Ohio’s draft plan, Phase 2 will include employees for essential businesses; it is believed this group will contain most manufacturing employees. The OMA has advocated that the Phase 2 definition of “essential businesses” be the same definition used by state officials last spring to keep the vast majority of manufacturers and their suppliers operating. At this time, it’s unclear when Phase 2 will begin due to the limited vaccine supplies.

OMA members should keep in close contact with their local health district officials since they will play a key role in the distribution. Be sure to read the OMA’s regularly published COVID-19 updates (emailed to members), and visit the Ohio Department of Health’s vaccination program page, which includes an FAQ section. If you have specific questions, contact the OMA’s Rob Brundrett. 1/7/2021