Safety/Workers’ Comp

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

For the very first time, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has publicized comprehensive details on the nearly 900,000 reported workplace injuries and illnesses recorded by the agency in 2023.

This significant increase in transparency has critical implications for employers. OMA Connections Partner Fisher Phillips breaks down the key takeaways, why this matters, and how employers can respond. 12/12/2024

With the 2025 Emergency Planning and Community Right-to-Know Act (EPCRA) deadlines fast approaching, OMA Connections Partner BSI has created a comprehensive roadmap with essential 4-5 months, 3 months, 2 months, and 1-month checkpoints to keep you prepared every step of the way. 12/13/2024

OSHA Instructors will soon be using smart glasses powered by AI that have the capacity for real-time documentation, augmented reality, and instant communication with outside personnel. The announcement last week is an expansion of the program after a two-year trial and training period.

This announcement greatly impacts the capability OSHA inspectors have during worksite walkthroughs and may give them the opportunity to discretely record, stream, or upload interactions directly to superiors. OMA Connections Partner FisherPhillips has created a breakdown of the potential implications, concerns, and what employers can do to prepare for this technology to roll out. 12/10/2024

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

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

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

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

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