News and Analysis
House Holds Hearing on Bill to Deny Workers’ Comp. Benefits for Illegal Aliens
November 3, 2017After a similar measure failed to survive the budget bill earlier in the year, Reps. Bill Seitz (R-Cincinnati) and Larry Householder (R-Glenford) presented sponsor testimony on a new bill, House Bill 380, which would make illegal immigrants ineligible for workers’ compensation coverage in Ohio.
The idea, long debated in and around the Statehouse, had its first hearing in the House Insurance Committee this week.
OMA urged caution on the previous bill attempt to ensure that civil justice gains are not eroded by a new cause of action and that any changes must protect an employer from frivolous litigation. 11/2/2017
House Insurance Committee Hears Workers’ Comp Bill to Expand Availability of Self-Insurance
October 20, 2017Last week the House Insurance Committee accepted a substitute version of House Bill 268 which is designed to allow more Ohio companies to qualify for self-insurance for workers’ compensation purposes. A comparison document outlines the changes that were accepted, including:
“Requires the Administrator of Workers’ Compensation to waive the requirement that an employer have sufficient assets located in Ohio to qualify for self-insuring status if the employer holds a rating of Ba2 or higher according to Moody’s or a comparable rating from a similar agency.”
And, “Specifies the Administrator may require such an employer to obtain an irrevocable letter of credit, a bond, or any other security the Administrator determines necessary to ensure the employer’s solvency. Also retains the Administrator’s rule-making authority to require an employer to provide additional security.” 10/18/2017
Workers’ Comp Reform Bill Gets Hearing
October 20, 2017The House Insurance Committee this week heard proponent testimony on House Bill 269, which contains a multitude of workers’ compensation reforms including a name change for the Bureau of Workers’ Compensation to “Office of Worker Safety and Rehabilitation.”
The bill proposes to extend benefits, adds dependent benefits, and requires the Administrator to provide incentives to employers to participate in loss prevention programs developed by the Superintendent of the Division of Safety and Hygiene, among its multiple provisions.
Rep. George Keiser from the North Dakota legislature testified in support of the bill, describing how his state’s system works and the effect of reforms enacted. 10/19/2017
BWC Offers Webinar on Oct. 26
October 20, 2017The BWC’s next employer webinar, scheduled for Thursday, Oct. 26 at 11:30 a.m., will cover recent legislative changes and what they mean for Ohio employers, upcoming deadlines for public employers, motor vehicle accident claims and the group rating program.
To attend online, RSVP here. You may also opt to attend in-person at a BWC office and get to know your local service office staff. 10/16/2017
$10 Million in BWC Rebate Checks Remain Uncashed
October 13, 2017Nearly $10 million in rebate checks from the Ohio Bureau of Workers’ Compensation (BWC) remain uncashed by more than 5,500 employers who might not even know it.
The uncashed checks are among the more than 160,000 BWC issued in July as part of the agency’s Third Billion Back rebate initiative. Uncashed checks will expire, or stale date, 95 days after the check’s issuance date. That’s this week for some employers and as late as Oct. 18 for others.
Employers participating in a BWC Group Retrospective Rating Program should receive their checks later this month.
The agency will reissue checks after the stale date following a brief lag time for processing.
Questions? Contact the BWC at (800) 644-6292 or the business consultant or regional manager with whom you may work. 10/9/2017
OMA Workers’ Comp Services Customers: Your Offer is Online!
October 6, 2017Your 2018/19 OMA Workers’ Compensation Services offer is available to you 100% of the time on your WCS dashboard at My OMA.
The OMA’s enrollment due date for Group Experience Rating is November 13, 2017.
Our enrollment due date for Group Retrospective Rating is January 22, 2018.
Paper offers can be snail-mailed upon request.
Questions? Contact OMA’s Brian Jackson. 10/5/2017
Fall Protection #1 OSHA Cited Standard
October 6, 2017On Sept. 26, at the National Safety Council’s annual Congress & Expo, OSHA Deputy Director of Enforcement Programs, Patrick Kapust, announced the preliminary list of 10 standards most frequently cited by the agency’s inspectors during fiscal Year 2017.
Fall protection was the most-cited standard for the seventh year in a row, followed by Hazard Communication, and Scaffolding. The only new addition to last year’s list was Fall Protection – Training Requirements, which came in at ninth place. OSHA publicizes the Top 10 list to increase awareness of these standards so employers can take steps to find and fix the hazards to prevent injury or illness.
OMA will soon be fielding its annual member survey of potential monthly safety webinar topics for 2018. OMA prioritizes members’ top picks for monthly safety webinars; subject matter expertise is provided by OMA Connections Partner, Safex. 10/3/2017
Bender Retires from OMA
September 29, 2017
OMA Workers’ Compensation Services Lead Account Manager, Barb Bender, retires from the OMA today.
Barb has worked in Ohio workers’ compensation in various positions for 39 years, more than 14 of which at the OMA.
Barb said, “It has been a sincere honor and pleasure to work with OMA members throughout the years. I certainly will miss everyone!”
She will be playing with the grandchildren, visiting her son and his family in Florida and relaxing.
OMA staff will truly miss Barb’s exceptional industry knowledge and helpful attitude. Godspeed, Barb! 9/25/2017
OSHA Electronic Recordkeeping Rule – File by Dec. 1
September 29, 2017OMA Connections Partner, Dinsmore, this week posted: “Last month, OSHA launched the Injury Tracking Application on which employers can submit the information from the 2017 Form 300A Summary of Work-Related Injuries and Illnesses. …
“The deadline by which certain employers must submit the information from the 2016 300As remains December 1, 2017. The two proceedings challenging to the rule remain administratively closed and stayed; however, both proceedings may resume before the December 1 deadline depending on whether OSHA decides to revise or remove portions of the rule before then.”
OMA is offering a webinar on Tuesday, October 17, that will describe who, what and how to file, assuming no rule revisions before the Dec. 1 filing deadline. Covered establishments with 250 or more employees must electronically submit information from OSHA Forms 300, 300A, and 301. Covered establishments with 20-249 employees must electronically submit information from OSHA Form 300A. See more about the webinar and register here. 9/28/2017
Big Win for Ohio Employers in the Supreme Court
September 29, 2017OMA Connections Partner, Bricker & Eckler, posted this week: “… the Ohio Supreme Court issued its decision in the Ferguson v. State of Ohio case, ruling in favor of Ohio’s employers. The Court specifically held that the consent provision … enacted by the legislature in 2006, allowing an employee to dismiss an employer-initiated appeal only with the consent of the employer, is constitutional.
“The Court’s decision reversed an Eighth District Court of Appeals decision …
“This is a BIG win for Ohio’s employers which can now move forward with confidence that their appeal of a workers’ compensation claim into the court of common pleas will not be unreasonably delayed by the claimant.”
Read the post from Bricker here. 9/28/2017