Safety/Workers’ Comp

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

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

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

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

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

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

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

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

• OSHA’s walkaround and heat rules
• The recently overturned Chevron doctrine
• Updates on recreational marijuana sales in Ohio

8/28/2024

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

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

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

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

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

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

Earlier this month, the Occupational Safety and Health Administration (OSHA) proposed a new rule that would require employers to develop injury and illness prevention plans in order to better protect workers from heat-related injuries and death.

OMA Connections Partner Fisher Phillips has created a detailed breakdown of the proposed rule, what it requires, and how it would impact workplace safety.

7/10/2024

Ohio’s first legal recreational marijuana sale could be just days away. Last week, the first provisional licenses were issued to dispensaries, cultivators, and processors that already had a medical license.

While around 75 provisional licenses have been awarded, many still need to meet the full list of requirements to officially sell legal marijuana.

Senate President Matt Huffman lamented the lack of legislative action on marijuana before their summer recess, saying he was ‘disappointed’ an agreement could not be reached.

Members of the House and Senate have been deliberating for weeks on potential changes to the voter-approved statute legalizing marijuana but could not reach an agreement despite the bipartisan effort. 6/26/2024

As the Eastern and Midwest portions of the U.S. see spikes in temperature, heat related injuries are also following suit, leading to heatstroke, fainting, cramps and fatigue.

According to the Workers Compensation Research Institute, workplace injuries rise between 5% and 6% when the daily maximum temperature exceeds 90 degrees. 6/17/2024

The deadline for an additional 2% rebate on premiums is approaching. Employers can pay their full 2024-2025 amount prior to July 1, 2024 to receive the 2% credit from the Bureau of Workers Compensation (BWC). For employers on a bi-monthly installment plan the first premium payment for 7/1/24 – 6/30/25 is due by June 21st, 2024 The 2023 true-up will open 7/1/2024 and employers can expect notices in the mail soon. Actual payroll 7/1/2023 – 6/30/2024 must be reported online to the BWC prior to August 31st, 2024 6/12/2024

Ohio Governor Mike DeWine this week banned nine types of synthetic opioids, many of which are linked to increased overdose rates. Synthetic opioids, called nitazenes, are stronger than fentanyl and were never created or approved for medical use. The order, signed by DeWine on Tuesday, classifies the nitazenes as a schedule I controlled substance, effectively banning the sale, use, or distribution statewide. 6/6/2024

Last week, the National Association of Manufacturers (NAM) along with other business organizations filed a lawsuit against the Occupational Safety and Health Organization’s (OSHA) final “Walkaround” rule. The rule, which takes effect May 31, would allow non-employees, including attorneys, competitors, or union representatives to accompany OSHA inspectors during an inspection, regardless of whether the representative is your employee or the facility is a union shop. The OMA submitted comments opposing the rule last October, and supports the lawsuit by NAM. 5/28/2024