For the first time, the new National Emphasis Program (NEP)  https://www.osha.gov/sites/default/files/heat-nep-factsheet-en.pdf creates a nationwide enforcement mechanism to proactively inspect workplaces for heat-related hazards (outdoors and/or indoors) in general industry, maritime, construction, or agricultural operations. OSHA plans to initiate programmed (pre-planned) inspections in over 70 high-risk industries in indoor and outdoor work settings when the National […]

This month, all employers required to keep Form 300, the Injury and Illness Log, should be reviewing the Log to verify that entries are complete, accurate and any deficiencies are corrected. The information will be used to target inspections; therefore, employers should carefully ensure they submit accurate records. Two important deadlines are approaching. The annual […]

Even the best-intentioned employers find the constantly changing federal OSHA guidance on COVID-19 unnerving. For example, consider the decision whether to report an employee’s hospitalization or death due to COVID-19, which was addressed with different guidance in April, May, July, and, most recently, October (see OSHA watch). Moreover, few citations were issued in the Spring […]

It is a time like no other for insurance renewals. The COVID-19 pandemic and the resulting economic fallout have upended the decades-long certainty within the workers’ compensation market that let employers reap the benefits of a soft market. Steep declines in premiums as a result of historic unemployment and falling payrolls suppressed investment returns from […]

COVID-19 lawsuits, liability immunity, waivers, and refusal to return to work Lawsuits According to data collected by the Fisher Phillips LLC law firm, a total of 283 COVID-19-related lawsuits were filed in federal and state courts through June 30, with 122 of them filed in June. There’s also been an increase in class-action lawsuits – […]

Early Data Guides Employers on Three Key Workers’ Comp Issues and COVID-19 Background: Divergent pressures on premiums There’s been much speculation that workers’ comp will drive significant losses in the property/casualty industry as a result of COVID-19. On the one hand, there is the explosion of presumption laws that discard the basic tenet of workers’ […]

While an IRS audit strikes fear in the hearts of business owners, a Workers’ Compensation premium audit is considered routine. Yet, there is a very good chance that it can result in higher charges, particularly if you are not adequately prepared. Clerical errors, incorrect classifications, and miscalculations often lead to overcharges. There are two important […]

In a standard interpretation https://www.osha.gov/laws-regs/standardinterpretations/2019-07-11 issued earlier this year, OSHA answered the question: Are online training programs acceptable for compliance with OSHA’s worker training requirements? Interestingly, this standard interpretation is very similar in wording to one issued 25 years ago. While the agency acknowledges that online training is a useful component of an overall training […]

OSHA’s Injury Tracking Application Injury Reporting is now available allowing employers to electronically enter their required 2016 injury and illness data from Form 300A. The Improve Track of Workplace Injuries and Illnesses final rule went into effect Jan. 1 with an initial compliance deadline of July 1. But OSHA has proposed delaying that deadline until Dec. 1, in an effort to […]