February Academy of Risk

February Academy of Risk

Thanks for reading the February Academy of Risk:

I hope you are having a good start to the year. Make sure you read the ABC's of OSHA violations below if you are responsible for safety & compliance at your company. OSHA is on the move to increase enforcements & fines. Implement a a proactive safety plan now, to save money on potential citations later. If you do get cited feel free to reach out on next steps.

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OSHA TIP:

OSHA penalties increased approximately 7.7 percent based on cost-of-living adjustments for 2023. Maximum penalties for serious, other-than-serious violations, and failure to post increased from $14,502 per violation to $15,625 per violation. The maximum penalty for willful or repeated violations increased from $145,027 per violation to $156,259 per violation.

  • Majority of audits and citations I have seen have resulted from "anonymous complaints." These are typically submitted from a disgruntled employee or recently terminated employee. OSHA responds to these in person and then will perform an osha audit while on the premises. Just because you are not involved on off site activities or have a small company, doesn't mean you will not be audited.

If you don't have a process or plan in place for this you should implement one. Call or email for help. 

 COMPLIANCE TIP:

  • After several high-cost settlements ($44,250 & $180,000) related to workers with hearing disabilities, the EEOC issued an updated document explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities. Use this document to stay compliant.

 TECHNOLOGY TIP:

If your company offers health insurance but doesn't use a online benefit administration software, you should look into it. Our preference is employee navigator. It streamlines benefit enrollments, integrates with hundreds of other software. But more importantly it ensures you are compliant and prevents human error. We offer this at no cost for clients. If you ever want to see how it works let me know.

As always our goal is to provide information that will help you and your organizations stay safer, healthier and more profitable by improving compliance & overall insurance costs for companies. Feel free to reach out for questions or to see if we can help in anyway.

FEBRUARY ARTICLES: 

The ABCs of OSHA violations: increased penalties, new enforcement policy, when to contest 

  • With penalty costs increased by 7.7 percent, inspections up 31 percent, and a new enforcement policy allowing instance-by-instance citations for “high-gravity” serious violations of several agency standards, employers should learn all they can about OSHA violations…

Bermuda Triangle of Risk 

  • In business there is a "Bermuda Triangle of Risk." It's triangulated between workers’ comp, benefits, and compliance. Learn how you can avoid it…

 How a small and a large construction firm earned an America’s Safest Company award 

  • Construction amplifies many of the challenges in risk management. Here are two companies that go above and beyond in promoting a culture of safety excellence…

 HR Tip: EEOC issues guidance for workers with hearing disabilities 

  • After several high-cost settlements related to workers with hearing disabilities, the EEOC issued an updated document explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities…

 OSHA Watch 

  • Employers face higher fines under new enforcement policy
  • Cost-of-living hikes for violations in effect
  • Reminder: Injury reporting data for certain establishments due March 2; Feb 1 was deadline for posting Form 300A
  • Combustible Dust National Emphasis Program revised
  • Fall 2022 regulatory agenda: change in injury reporting moves to final stage and more
  • Budget increase directed to enforcement
  • Annual National Safety Stand-Down to Prevent Falls in Construction
  • New FatalFacts bulletin: hydrogen sulfide
  • Florida enforcement resumes in 18 counties affected by Hurricane Ian
  • State Plans - MIOSHA
  • Instructions issued
  • Mental Health in the Workplace webinar series launched
  • Recent fines and awards

 Legal Corner 

Workers’ Compensation

  • Crossing guard’s fall in parking lot compensable - Illinois
  • Death by suicide related to PTSD qualifies as killed in line of duty - Minnesota
  • Despite conflicting diagnoses sheriff’s deputy entitled to benefits for PTSD - Minnesota
  • Disability must directly and significantly aggravate or accelerate work injury for PTD benefits - Missouri
  • Death benefits approved for illegitimate child - North Carolina
  • Case to watch: Ruling expected soon on cannabis reimbursement - Pennsylvania
  • Injury that aggravates preexisting condition not compensable - West Virginia

 Things you should know 

  • NCCI reports medical facility services largest driver of comp cost increases
  • Chemical Safety Board reminds facility operators of best practices for wintertime
  • PTSD and mental injury presumptive bills proliferate in 2023 legislative session
  • Marijuana legalization bills proposed in Kentucky, Minnesota
  • MSD Solution Lab issues report on prevention of musculoskeletal disorders
  • Most construction worker deaths are older workers: CPWR
  • CDC identifies industries that pose higher death risk from COPD
  • Study finds three days of opioids post-discharge following surgery effective
  • Marijuana for chronic pain helps cut down on opioid use: Study
  • Victims fear speaking up about workplace violence
  • State news

For a more in depth look at our tools and services including a free work comp indication schedule a quick online demo with me. or just email me back. I can review how we utilize technology in our risk management process to reduce insurance premiums, save your staff time and ensure you remain compliant with all the various government agency changes. Complimentary software include:

Note: The material in this newsletter is provided as general information and is not a substitute for legal or other professional advice.

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