Safety/Workers’ Comp

The Bureau of Workers’ Compensation is conducting its biennial Managed Care Organization (MCO) open enrollment period through May 23.

The role of an MCO is to provide medical management of workplace injuries. ProMedica Medical Management is the only OMA-endorsed MCO due to its strong performance and superior communication on claims and injured worker medical status.

Choosing an MCO costs nothing and does not affect your group discount program or relationship with a third-party administrator.

For questions about choosing ProMedica during open enrollment, contact Juliet Walker, OMA’s managing director of workers’ compensation services. Members who have already selected ProMedica don’t need to take action during open enrollment. 5/5/2025

The Ohio Senate this week unanimously approved Senate Bill 86 to generally prohibit the sale of intoxicating hemp products and drinkable cannabinoid products unless sold at a controlled dispensary. The legislation is sponsored by State Senators Steve Huffman (R-Tipp City) and Shane Wilkin (R-Hillsboro).

House Speaker Matt Huffman, as reported by Hannah News Service, said he expects “a full throttle effort (by the House of Representatives) in the month of May” to address marijuana, THC, and hemp issues. The OMA Safety and Workers’ Compensation Committee on June 12 will report on the legislation. 4/24/2025

The true-up process for policy year July 1, 2024, through June 30, 2025, will be available online beginning July 1, 2025.

The deadline to complete the true-up has changed and is now due Aug. 31. Please note, effective July 1, 2025, there will be no grace period for completing true-up. This applies to the true-up for policy year July 1, 2024, going forward. 4/24/2025

The open enrollment period for Ohio employers to select a managed care organization (MCO) to oversee medical management for workers injured on the job begins Monday, April 28, and continues through Friday, May 23.

Employers who are satisfied with their current MCO are not required to take any action. Those considering a change can find details in the Bureau of Workers’ Compensation MCO Selection Guide. 4/24/2025

The Occupational Safety and Health Administration (OSHA) has scheduled a virtual public hearing on June 16, 2025, to discuss its proposed Heat Injury and Illness Prevention rule, marking the first federal standard aimed at protecting workers from heat-related hazards.

OSHA has identified heat injury as the leading cause of weather-related deaths in the U.S., with over 1,000 worker fatalities reported between 1992 and 2022.

Public comments on the proposal were accepted through January 14, 2025. Individuals wishing to provide oral testimony or submit evidence during the hearing must register by May 2, 2025. 4/14/2025

April is Workplace Violence Awareness Month in the U.S., and with it comes the opportunity for employers to learn and refresh their workplace violence prevention plans.

OSHA defines workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at the work site, including verbal and physical.

Use this guide to brush up on workplace violence prevention and update your policies to prevent incidents, ensure compliance, and reduce liability.

The best way to raise awareness and protect your employees is to get them engaged in the safety process. OMA Connections Partner Simon Roofing recently gave a presentation to the OMA Safety & Workers’ Compensation Committee focusing on how employers can build the blueprint for an effective safety culture. 4/10/2025

The OMA’s Safety & Worker’s Compensation Committee met this week to receive policy updates on legislation and administrative actions that have taken place this year.

Committee members were joined by the Ohio Bureau of Worker’s Compensation Administrator Stephanie McCloud, who recently rejoined the department after serving as Chief of Staff for Governor Mike DeWine since 2023.

OMA Connections Partner Conn Maciel Carey also delivered a presentation updating members on OSHA’s enforcement and rulemaking, and forecasting what OSHA might look like under the second Trump Administration. 4/2/2025

With several of OSHA’s new rules and regulations now up in the air, it might be easy to lose sight or be confused about what is still endorsable by OSHA.

OMA Connections Partner BSI has tracked down the top 10 most common OSHA violations and what quick fixes manufacturers can do to rectify the situation. 3/27/2025

A Cleveland area resident has filed a lawsuit alleging all three members of the Ohio Industrial Commission are not qualified to serve, raising questions over the validity of decisions rendered by the panel that adjudicates disputes within Ohio’s workers comp system. Each of the Commissioners was appointed by Governor Mike DeWine to a six-year term.

Additionally, State Representative Sean Brennan (D–Parma) has proposed legislation to rename the Workers’ Compensation Ombuds Office to the Customer Advocacy Office to better reflect the function of the office. OMA workers’ comp counsel is reviewing the amendment that will be discussed at the April 2 meeting of the OMA Safety & Workers’ Comp Committee. 3/17/2025

The House Public Insurance and Pensions Committee this week approved House Bill 81, the budget bill to fund the operations of the Bureau of Workers’ Compensation for the upcoming biennium. Additional procedural votes will follow in the coming weeks.

BWC Administrator and CEO Stephanie McCloud, in testimony, defended a proposal to expand coverage for prosthetic devices needed as a result of workplace injury. The agency intends to utilize their “surplus fund” to defray costs for prosthetics, even if the injured worker has not received a scheduled loss award.

Other policy changes included in the budget alter laws governing subrogation and PEOs. Interested members should plan to attend the OMA Safety & Workers Comp Committee meeting on Wednesday, April 2. 3/13/2025

With the Trump administration’s regulatory freeze pending review, many questions are up in the air on how the administration will move forward in regards to workplace safety, having already paused OSHA’s heat safety rule.

OMA Connections Partner BSI has produced their top five predictions for how the Trump administration will approach OSHA and regulations regarding workplace safety. 2/20/2025

Legislation to fund the operations of the Ohio Bureau of Workers’ Compensation for the two-year period beginning July 1, 2025, has been introduced and is pending in the General Assembly. House Bill 81 was introduced by the chair of the Ohio House Finance Committee, Representative Brian Stewart. The legislation will be considered as a package together with House Bill 80 to fund the Industrial Commission, which adjudicates disputes within the workers’ comp system.

According to this summary document, the agencies are generally flat funded as introduced. It is important to note that these agencies are funded by employer premiums, not general tax dollars. For a deeper dive, members can join the April 2 meeting of the OMA Safety & Workers’ Compensation Committee. 2/20/2025

President Donald Trump has tapped former UPS and Amazon safety executive David Keeling to head the Labor Department’s Occupational Safety and Health Administration (OSHA).

Keeling worked for more than 30 years at UPS, eventually rising to become the Vice President of Global Health and Safety before transitioning to Amazon as their Transportation Safety Director.2/11/2025

In a continuation of the assault against regulatory agencies, Congressman Andy Biggs (R, AZ) introduced legislation that would abolish the Occupational Safety and Health Administration (OSHA).

“OSHA’s existence is yet another example of the federal government creating agencies to address issues that are more appropriately handled by state governments and private employers,” Briggs stated in a release.

The bill lacks any language or guidance for states to create their own workplace safety agencies and has received no comment of support yet from the Trump administration. 2/6/2025

Ohio Senate Republicans have introduced legislation to modify the state’s voter-approved recreational marijuana law, proposing changes to home grow limits, taxation, potency restrictions, and the allocation of cannabis tax revenue.

Senate Bill 56 seeks to lower the number of plants individuals can cultivate, increase the state tax rate from 10% to 15%, and eliminate social equity programs funded by cannabis sales. The bill would also prohibit public smoking, restrict sharing of homegrown marijuana, and impose new licensing limits on dispensaries.

OMA is currently reviewing the impacts the bill will have on employer protections. Reports on employer impacts will be covered at the April 2nd Safety and Workers’ Compensation Committee Meeting. 1/29/2024

Ohio’s Bureau of Workers Compensation (BWC) is considering a 6% rate reduction for private employers proposed to the agency’s Board of Directors last week.

The proposed 6% rate cut represents an average statewide premium change, including administrative costs. The actual premium paid by individual private employers depends on several factors, including the expected future claims costs in their industry, their company’s recent claims history, and their participation in various BWC programs. 1/24/2024

On November 26, 2024, the Ohio Supreme Court issued a ruling that benefits manufacturers by clarifying workers’ compensation rules. The court determined that an injured worker who is fired for reasons unrelated to their injury is not eligible for temporary total disability (TTD) benefits. Under this ruling, in a case where an injured worker is unable to return to their job due to a work-related injury but is terminated for reasons unrelated to the injury, they can no longer claim TTD benefits. The court’s decision ensures that workers can only receive compensation if their job loss is directly tied to the injury. This ruling is a win for Ohio manufacturers, helping to limit unnecessary workers’ compensation costs when the job loss is not injury-related. 1/30/2024

Ohio Speaker of the House Matt Huffman this week outlined his plan to address Delta-8, TCH products, and recreational marijuana, “…in one bill.”

Huffman floated the idea to treat these products similarly to alcohol.

“Like many states, the state of Ohio is in charge of certain products that are above a certain alcohol level,” Huffman said. “I think the THC products need to be treated similarly.” 1/14/2024

As state legislators were sworn into office this week in Columbus, leadership in both chambers outlined their top priorities, including reforms to Ohio’s recreational marijuana laws.

“Many of us realized and believe that there were some fundamental flaws in the initiative,” said Speaker of the House Matt Huffman late last year, prior to his election as Speaker.

Governor Mike DeWine also signaled his support and urgency for lawmakers to ban or greatly regulate synthetic hemp products like Delta-8.

“There’s no reason that it shouldn’t be abolished,” DeWine said. “There’s no reason, at the very least, that it shouldn’t be sold in the same way – with the same requirements, regulations, and safeguards – as we’re selling marijuana today.” 1/9/2024

A recent report from the U.S. Bureau of Labor Statistics (BLS) found that 391 workplace fatalities took place in 2023, down slightly from 404 in 2022.

BLS’ data also found 355,800 non-fatal injuries and illnesses last year, down 10% from 2022.

While the downward trend is encouraging, OMA Connections Partner FisherPhillips has outlined ten recommendations based on the BLS data that manufacturers can follow to prevent workplace injuries and fatalities at the workplace. 1/9/2024