Safety/Workers’ Comp

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Managing Your Safety and Workers' Compensation Program

With our own workers’ compensation third-party administration company — OMA Workers’ Compensation Services — no association is better equipped in the areas of safety and workers’ comp management.

We keep members apprised of OSHA updates; changes in the regulatory environment; updates from the Bureau of Workers’ Compensation and Industrial Commission; and content applicable to claims management. We also publish safety training opportunities from a variety of sources, including the OMA’s own monthly safety webinars.

This is another important service in the OMA’s efforts to protect and grow Ohio manufacturing!

 

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Safety/Workers' Comp News and Analysis
December 6, 2024

Last week, the Ohio Supreme Court ruled that a former assistant manager at AutoZone Stores Inc. isn’t entitled to temporary-total-disability compensation after being fired for unrelated reasons before the temporary-total-disability (TTD) claim was filed, OMA Connections Partner Roetzel & Andress reports.

What does this mean for employers? If an employee is not working or has suffered a wage loss as the direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive compensation under this section. 11/24/2024

November 22, 2024

This week, the OMA submitted written testimony to the Senate General Government Committee in support of Senate Bill 326, sponsored by Senator Steve Huffman. The bill seeks to ban the sale of intoxicating hemp products, including those containing delta-8 THC.

The OMA’s testimony highlighted the importance of the bill to protect workplace safety, provide regulatory clarity for manufacturers, and enhance the enforceability of drug-free workplace policies. 11/18/2024

November 22, 2024

On Nov. 14, the Tenth District Court of Appeals ruled that the Ohio Supreme Court’s Mar. 2024 “Dillion” decision does not apply retroactively, only applying to cases decided after its Mar. 5, 2024, ruling.

In its decision, the appeals court stated that retroactive application would cause confusion and undermine injured workers’ reliance on longstanding legal precedent. The court also noted that applying Dillon retroactively would unfairly impact workers whose claims were resolved decades earlier under previous law. Additionally, the court emphasized that such retroactivity would have far-reaching consequences for workers who had relied on compensation rules in place for 26 years. 11/18/2024

November 15, 2024

As the second Trump Administration begins to take shape, so do potential policy directions around workplace safety and OSHA.

Experts are predicting that OSHA’s recently published heat safety rule will likely be scrapped, although a rework and reintroduction is expected.

OMA Connections Partner Fisher Phillips has published their top four predictions for OSHA regulations and changes under a Trump administration. 11/14/2024

November 8, 2024

Roughly 98% of U.S. manufacturers less than 500 employees, many of which disproportionately bear the brunt of OSHA compliance fees.

Manufacturers pay $29,100 on average per employee to comply with federal regulations, nearly double the $12,800 per employee costs borne by all firms as a whole, according to the National Association of Manufacturers. 10/24/2024

November 1, 2024

Employers who participated in the Group Retro Program in 2020 (7/1/20-6/30/21), 2021 (7/1/21-6/30/22) and/or 2022 (7/1/22-6/30/23) should be receiving rebate checks this week thanks to the continued strong performance of the OMA Group Retro program.

Checks are mailed to the employers from the Ohio BWC, and most were issued on Oct. 29. Employers in the Group Retro program pay 100% of premiums to the BWC for the participation year and, beginning two years later, receive rebate checks based on the claims costs of all participating policies. Annual enrollment into the OMA Group Retro Program is taking place now with paperwork due by Jan. 22, 2025. Contact an Account Manager with questions and/or more information. 10/24/2024

October 18, 2024

Earlier this week, Governor Mike DeWine announced that Chief of Staff Stephanie McCloud will be stepping away from her position as chief of staff on November 15, 2024. Christine Morrison, who is currently deputy chief of staff, will take on the role following McCloud’s departure.

McCloud will return to her previous role as the Ohio Bureau of Workers Compensation (BWC) administrator. The OMA has enjoyed a longtime positive working relationship with McCloud and we will welcome her back to the BWC where she has provided strong leadership.10/11/2024

October 11, 2024

The Occupational Safety and Health Administration’s (OSHA) rules on machine guarding is facing a critical test after an employee was killed at a poultry processing facility in May of 2021.

Mar-Jac MS LLC, who owns the poultry processing facility in Hattiesburg, Miss. claims that OSHA standards are too broad and should allow for guards to be designed based on how workers operate machinery. OSHA had previously rejected the company’s petition to install a pull chord as a safety contingency.

The case began in the Fifth Circuit on Tuesday and is currently ongoing. 10/8/2024

October 4, 2024

A recent study by HeroWear revealed that workers using exosuits experienced zero back injuries across 280,000 hours of work in multiple distribution centers. This is a significant improvement from the previous rate of one injury every 27,000 hours, with the study also showing a 25% decrease in work-related discomfort and a 20% reduction in fatigue.

For manufacturers and distribution centers, this breakthrough technology offers a practical solution to reducing injury risks and improving worker well-being. The results suggest that exosuits could lead to safer, more efficient operations and higher worker satisfaction. 9/27/2024

September 27, 2024

Employers who wish to receive a discount (or rebate) on premiums are able to enroll in programs offered by the OMA. For 2025, we have increased savings options for our members thanks to a new partnership for program filing with Promedica and Sheakley. These savings are now available for review on our website as well as the enrollment paperwork, which must be received by Nov. 15th for the upfront discount in Group Experience Rating and Jan. 24th for the rebate program in Group Retrospective Rating.

Members are encouraged to review their options and discuss their offer with their Account Manager. 9/13/2024

September 20, 2024

The overturned Chevron doctrine has generally meant the federal courts no longer are required to defer to federal agency opinions when deciding appeals. However appeals of rulings by the National Labor Relations Board (NLRB) continue to enjoy deference because the NLRB is uniquely qualified to develop labor policy according to an analysis by OMA special labor counsel Matt Austin of Austin Labor Law.

Counsel highlights a recent clarification made by the U.S. Sixth Circuit Court of Appeals that has jurisdiction over NLRB appeals in Ohio and nearby states. Read the analysis. 9/13/2024

September 13, 2024

The U.S. Department of Labor is seeking public input on a proposed rule to address excessive workplace heat, aimed at protecting around 36 million indoor and outdoor workers. The rule would require employers to assess heat risks, create emergency plans, and train employees to recognize heat-related illnesses. If adopted, it would be the first major regulation on heat exposure. Public comments are open through December 30, 2024, and OSHA has already received over 226,000 submissions. 9/3/2024

September 6, 2024

Last week, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard.

The largely anticipated rule aims to implement protections for roughly 36 million indoor and outdoor workers at risk of heat exhaustion, heat stroke, and fatalities associated with extreme heat.

The most broadly applicable requirement in the proposed rule requires subject employers (10 employees or more) to develop a site-specific Heat Injury and Illness Prevention Plan (HIIPP) to deal with heat risks. This plan must include:

  • Identifying heat hazards by tracking local forecasts
  • Implementing engineering and work practice control measures
  • Implementing a heat illness and emergency response plan
  • Providing training to employees and supervisors
  • Retaining records

The public now has 120 days to provide comments, meaning that a final rule will not be issued before the November general election. 9/3/2024

August 29, 2024

This week, the OMA held its Safety & Workers Compensation committee in Columbus, focused on a slew of state and federal regulation updates. Highlights included:

8/28/2024

August 23, 2024

In the two weeks since recreational marijuana became available in Ohio, sales have skyrocketed, exceeding $22 million.

During the first three days of recreational sales, dispensaries were averaging $27,300 daily, an increase of 114% in relation to medical sales prior to recreational sales. 8/14/2024

August 16, 2024

A recent article from the Ohio Capital Journal answered employee questions about current Ohio law around smoking recreational marijuana.

Employers, both private and public, can still drug test and terminate employees for smoking marijuana off the clock, and employers are still free to enforce drug-free workplace policies.

OMA’s counsel Bricker Graydon has prepared this memo outlining employer protections in the Issue 2 statute. 8/14/2024

August 9, 2024

The OMA Workers’ Compensation team specializes in serving exclusively manufacturers, with over 600 manufacturing companies in Ohio using our services. Our system is designed specifically to handle self-insured and state fund manufacturers.

The Workers’ Compensation Services program offers discount programs such as Group Experience Rating and Group Retrospective Rating exclusively for manufacturers. Our single point of contact account managers team with industry experts, attorneys, and safety professionals to give manufacturers an in-depth and personalized support network that goes beyond claims management.

Manufacturers who are interested can fill out an AC3 form to get a free quote.  8/8/2024

August 9, 2024

The Ohio Bureau of Workers Compensation (Ohio BWC) has entered their private employer true-up period.

At the end of every policy year, employers must ensure the estimated premium set for them is correct. To do this, employers must file a true-up report that reflects the actual payroll for that policy year to BWC by no later than Aug. 15. A step-by-step video is available for you to walk you through the process.

Employers must have an OHID account to file your true-up report. To create an OHID account yet, please visit the OHID website. Visit OHID for Employers for additional resources. 8/8/2024

July 26, 2024

The recent overturn of the Chevron doctrine by the U.S. Supreme Court will impact workplace law in nearly every industry. Manufacturing, education, retail, and others all need to think about how this changes the workplace, especially workplace safety.

OMA Connections Partner Fisher Phillips has published these insights on how the post-Chevron era will impact workplace safety and could be used to combat regulatory overreach. 7/24/2024

July 19, 2024

According to the Bureau of Workers Compensation (BWC), unexpected complications with the post office and banks have delayed posting employers’ July 1 installment payments. Although any impacted OMA WCS members have already been identified and contacted by the OMA WCS team, the BWC has instituted a plan to catch up on delayed payment postings.

The OMA has been assured that all inappropriately assigned late fees and lapses of coverage due to this issue will be voided. 7/18/2024

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