Safety and Workers' Compensation Management

What Documents to Provide OSHA on Inspection Day

As part of its series addressing OSHA inspections, OMA Connections Partner Fisher Phillips has published this guidance on what documents to provide on inspection day. The firm advises against providing any documents other than OSHA 300 logs, 300A summaries, 301 forms, and relevant safety data sheets on the first day of an inspection. 3/30/2023

BWC Chief Briefs OMA Members on New Budget

On March 22, the OMA Safety and Workers’ Compensation Committee held its Q1 meeting, sponsored by OMA Connections Partners Carpenter ProMedica Medical Management.

Guest speaker John Logue, administrator of the Ohio Bureau of Workers’ Compensation, briefed members on the BWC’s proposed budget (House Bill 31), which is currently being considered by the General Assembly. Logue said the BWC had withdrawn an earlier recommendation to change the agency’s name, and he noted the budget does not currently contain any provisions to expand PTSD coverage.

The committee is scheduled to meet again on June 22. 3/22/2023

Update on OSHA Enforcement Activity

In its latest “Snapshot on Manufacturing Industry,” OMA Connections Partner Fisher Phillips highlights OSHA’s latest enforcement directives, including its proposal to allow union walk-throughs of non-union worksites. Read Fisher Phillips’ update. The firm has also posted this podcast discussing OSHA enforcement trends. 3/23/2023

March Edition of BWC eNews

The latest edition of the Bureau of Workers’ Compensation eNews is now available. The publication includes updates on the BWC’s Safety Intervention Grant Program and an overview of important BWC dates. 3/22/2023

Guidance for Self-Insured Employers to Control Prescription Medication Costs

Can self-insured employers unilaterally terminate payment for ongoing prescription medication in workers’ compensation claims? It depends, writes OMA Connections Partner Frantz Ward in this guidance, which advises self-insured employers to review claims that have continuing prescription bills and to implement procedures to control costs. 3/22/2023

Has Marijuana Legalization Lost Momentum?

D.C.-based government relations firm MultiState has published this state-by-state overview of efforts to legalize pot use. The article notes voters in Oklahoma this month rejected a ballot measure to legalize marijuana for recreational use following recent defeats of similar measures in Arkansas, South Dakota, and North Dakota.

Legalization proponents are now collecting signatures to put legalization on Ohio’s ballot for the November 2023 election, the firm notes. 3/16/2023

Court Says Worker Can Still Collect TTD After Being Terminated for Cause

The Tenth District Court of Appeals recently ruled that eligibility for temporary total disability (TTD) compensation depends on whether an employee is able to work as the direct result of an impairment arising from an injury or occupational disease.

The ruling means Ohio employers are left to wonder how requests for TTD compensation can be successfully defended, according to this analysis from OMA Connections Partner Roetzel. 3/16/2023

Upcoming BWC Program Deadlines

If your company participates in any of the following BWC programs, participation requirements are due by Friday, March 31:

• Drug-Free Safety Program participants must submit an annual report;
• One Claim Program participants must complete education requirements; and
• Experience Modifier Cap participants must complete education requirements.

For an overview of all important BWC dates impacting employers, see this page. 3/16/2023

BWC Now Offers Multiple Policy Payment Option

The Ohio Bureau of Workers’ Compensation has announced that customers can now pay premiums for multiple policies at the same time. Learn more. 3/7/2023

Webinar: Handling OSHA Inspections in 2023

On March 23, OMA Connections Partner Fisher Phillips will host a complimentary webinar to highlight the latest methods for dealing with an OSHA inspection. This event will address how to limit the scope of an OSHA inspection, responses to document requests, requests to interview employees, items OSHA focused on in the past year, current OSHA enforcement activity, and more. 3/9/2023