An effective accident prevention program requires proper job performance from everyone in the workplace. As an owner or manager, you must ensure that all employees know about the materials and equipment they work with, known hazards and how to control those hazards.
Each employee needs to know the following:
- No employee is expected to undertake a job until he or she has received proper job instructions and is authorized to perform that job.
- No employee should undertake a job that appears unsafe.
You may be able to combine safety and health training with other training sessions, depending upon the types of hazards present in your workplace.
Here are some actions to consider:
- Ask your OSHA state consultant to recommend training for your worksite. The consultant may be able to conduct training while he or she is there.
- Make sure you have trained your employees on every potential hazard that they could be exposed to and how to protect themselves against those hazards. Then, verify that they really understand what you taught them.
- Pay particular attention to your new employees and to employees who are moving to new roles within the organization. Since they are learning new operations, they are more likely to get hurt.
- Train your supervisors to understand all the hazards faced by the employees and how to reinforce training with quick reminders and refreshers, or with disciplinary action, if necessary.
- Make sure that your top management staff understands their safety and health responsibilities and how to hold subordinate supervisory employees accountable for their actions.
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Why is job safety and health important?
In 2013, 4,585 employees died from occupational incidents, and there were a staggering 3.0 million total recordable cases of workplace injury and illness. On average, each of these 3.0 million cases required eight days away from work, which means U.S. employers as a whole paid for millions of days of lost work time. Experts estimate that workplace injuries and illnesses cost U.S. businesses more than $125 billion annually. Effective job safety and health programs not only help reduce worker injuries and illnesses, they save employers money in the long run.
How does OSHA contribute to job safety and health?
The primary goal of the Occupational Safety and Health Administration (OSHA) is to carry out the Occupational Safety and Health Act (OSH Act), which Congress originally passed in 1970. The OSH Act has undergone several amendments and revisions since its inception, but it is still in place “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” OSHA contributes to job safety and health by enacting regulations that forward this ideal.
Title 29 of the Code of Federal Regulations (CFR), Parts 1902-1990, houses all the OSHA standards, though OSHA also allows states to enact occupational safety and health laws of their own under federally-approved plans. State-run programs are at least as strict, and sometimes more so, than federal standards. This ensures a minimum standard of job safety and health that all employers must follow to protect employees.
Are all employees covered by the OSH Act?
The OSH Act covers all employees except public employees in state and local governments and those who are self-employed. Public employees in state and local governments are covered by their state’s OSHA-approved plan, if applicable.Federal employees are covered under the OSH Act’s federal employee occupational safety and health programs, which are outlined in 29 CFR Part 1960.
United States Postal Service employees, however, are subject to the same OSH Act coverage provisions as those in the private sector.Other federal agencies that have issued requirements affecting job safety or health include the Mine Safety and Health Administration (MSHA) and some agencies of the Department of Transportation (DOT), including the Federal Motor Carrier Safety Administration (FMCSA).
Employees in these industries are subject to their respective regulations.Additionally, businesses in the retail, service, finance, insurance and real estate sectors that are classified as low-hazard are exempt from most OSHA requirements, as are small businesses with 10 or fewer employees. Exceptions are discussed in 29 CFR Part 1904, which also explains which OSHA regulations exempt employers are still required to follow.
What are your responsibilities as an employer?
If you are an employer covered by the OSH Act, you must provide your employees with jobs and a place of employment free from recognized hazards that are causing, or are likely to cause, death or serious physical harm. You must also comply with the OSHA statutory requirements, standards and regulations that require you to:
- Provide well-maintained tools and equipment, including appropriate personal protective equipment (PPE)
- Provide medical assistance and guidance for employees sustaining workplace injuries/illnesses
- Provide required OSHA training
- Report accidents that result in fatalities to OSHA within eight hours
- Report accidents that result in the hospitalization of three or more employees to OSHA within eight hours
- Keep records of work-related accidents, injuries, illnesses and their causes
- Post annual injury/illness summaries for the required period of time
What are your rights as an employer?
When working with OSHA, you may do the following:
- Request identification from OSHA compliance officers
- Request an inspection warrant
- Receive a reason for inspection from compliance officers
- Have an opening and closing conference with compliance officers
- Accompany compliance officers on inspections
- Request an informal conference after an inspection
- File a notice of contest to citations or proposed penalties
- Apply for a variance from a standard’s requirements under certain circumstances
- Be assured of the confidentiality of trade secrets
- Submit a written request to the National Institute for Occupational Safety and Health (NIOSH) for information on potentially toxic substances in your workplace
What are employees’ responsibilities?
All employees are obligated to help prevent exposure to workplace safety and health hazards by becoming familiar with and adhering to all applicable OSHA requirements.
What are employees’ rights?
With regards to OSHA regulations, employees have the right, among other actions, to:
- Review employer-provided OSHA standards, regulations and requirements
- Request information from the employer on emergency procedures
- Receive adequate, OSHA-required safety and health training on toxic substances and emergency action plan(s)
- Ask the OSHA area director to investigate hazardous conditions or violations of standards in the workplace
- Have his or her name withheld from the employer when filing a complaint with OSHA
- Know what actions OSHA took as a result of the employee’s complaint and have an informal review of any decision not to inspect or issue a citation
- Have an employee representative accompany the OSHA compliance officer on inspections
- Observe monitoring and measuring of toxic substances or harmful physical agents and review related records (including medical records)
- Review the Log of Work-Related Injuries and Illnesses (OSHA 300 Form), if applicable, at a reasonable time
- Request a closing discussion following an inspection
- Object a citation’s set abatement period
- Seek safe and healthful working conditions without your employer retaliation
Why is OSHA important to your business?
OSHA plays a key role in making your facility a safe, healthy place to work. Beyond providing the tools and guidance to work toward an injury- and illness-free workplace, OSHA is important in identifying businesses that are not committed to safety. Employers that do not carefully follow OSHA regulations often face hundreds of thousands, if not millions, of dollars in fines.
How can you get more information on safety and health?
OSHA provides free publications, standards, technical assistance and compliance tools to help you understand the nuances of the regulations. OSHA’s website also offers extensive assistance by way of workplace consultation, voluntary protection programs, grants, strategic partnerships, state plans, training and education to guide you in your quest for workplace safety. To learn more about OSHA and the critical elements of a successful safety and health management system in your workplace, visit www.osha.gov.
This document is an introductory guideline. It does not address all potential compliance issues with OSHA standards. It is not meant to be exhaustive or construed as legal advice. Contact your licensed commercial property and casualty representative at Scurich Insurance or legal counsel to address applicable compliance requirements. © 2009-2012, 2015 Zywave, Inc. All rights reserved.
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On April 30, 2018, the Occupational Safety and Health Administration (OSHA) announced it will require all establishments affected by the electronic reporting rule to submit their 2017 data to OSHA by July 1, 2018.
This announcement clarifies the requirement for establishments in states with an OSHA-approved plan. These establishments must submit electronic reports, regardless of whether the state has ratified or incorporated the electronic reporting rule into its OSHA state plan.
Establishments in all states, including those with an OSHA-approved state plan, should prepare to submit electronic reports by July 1, 2018. Affected establishments can accomplish this by:
- Becoming familiar with the requirements in the electronic reporting rule; and
- Transitioning their OSHA records to an electronic format approved by the Injury Tracking Application (ITA).
OSHA Electronic Reporting
OSHA’s electronic reporting rule was issued in 2016. The rule requires establishments to report data from their injury and illness records to OSHA electronically if they:
- Are already required to create and maintain OSHA injury and illness records and have 250 or more employees;
- Have between 20 and 249 employees and belong to a high-risk industry; or
- Receive a specific request from OSHA to create, maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.
The electronic reporting rule applies to establishments, not employers. An employer may have several worksites or establishments. In these situations, some establishments may be affected while others are not.
To determine whether an establishment is affected, employers must determine each establishment’s peak employment during the calendar year. During this determination, employers must count every individual that worked at that establishment, regardless of whether he or she worked full-time, part-time, or was a temporary or seasonal worker.
OSHA-approved State Plans
The final rule required OSHA-approved state plans to adopt the electronic rule or “substantially identical” requirements within six months of the final rule’s publication date.
|
All Employers |
| California
Maryland
Minnesota
South Carolina
Utah
Washington
Wyoming |
|
Public Employers |
| Illinois
Maine
New Jersey
New York |
This means that OSHA-approved state plans have the authority to adopt reporting requirements that go above and beyond what is required by the federal rule. For this reason, establishments located in OSHA-approved state plan jurisdictions should consult with their local OSHA offices to make sure they are satisfying all electronic reporting requirements.
The OSHA-approved state plans shown on this map have not yet adopted the requirement to submit injury and illness reports electronically.
As a result, establishments in these states were not required to submit their 2016 data through the reporting website in 2017. However, OSHA has now clarified that they must submit their 2017 data in 2018.
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Facebook recently announced that political consulting firm Cambridge Analytica obtained information from up to 87 million accounts without their users’ consent. Experts believe that collected data could include locations, interests, photos, status updates and more.
Facebook applications and third-party services can normally request access to an account’s information in order to add functionality or advertise products. However, experts allege that Cambridge Analytica violated Facebook’s terms of service by using the data to direct political campaigns and influence voters.
These allegations have highlighted concerns about data security, social media privacy and Facebook’s data protection practices. In order to keep your personal information safe, it’s important for you to be aware of how it can be exposed and what steps you can take to ensure you control access to your data.
Timeline of Events
In 2014, University of Cambridge researcher Aleksandr Kogan created a Facebook personality quiz that gave him data on approximately 270,000 Facebook users. At the time, Facebook’s terms of service also allowed Kogan to access data on these users’ friends—a total of 87 million accounts.
Although Kogan told users that their information would only be used for research, he later worked with Cambridge Analytica to market the data to political groups. While many experts speculate that Cambridge Analytica’s clients used this data to direct political messages and influence voters, investigators have yet to confirm if or how the data was used.
Facebook learned that Cambridge Analytica possessed the data in 2015 and requested that all copies be deleted. However, in March 2018, a number of news sources reported that the consulting firm kept and continued to use at least a portion of the data for its business practices. As a result, Facebook’s data protection practices are now under investigation by regulators.
Protecting Your Data
Many social media users assume that their personal information is safe, but this scandal has shown the importance of re-evaluating online security. Hackers can use data posted on social media to engage in identity fraud, social engineering schemes and more. Here are some tips you can use to secure your data on social media platforms:
- Check Facebook’s webpage about the exposed data to see if Cambridge Analytica obtained any of your personal information.
- Go through all of the privacy settings on each of your social media accounts to see if the security features or terms of service have changed.
- Always assume that any information you post online can be shared with the public.
- Enable two-factor authentication on all devices and services that offer it.
- Create strong passwords and update them regularly.
Call us at 831-661-5697 for more help staying safe online.
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Inspect for Water Damage
Melting snow and ice can increase water flow around your property, so carefully inspect the entire building for water damage. Check the exterior foundation, interior walls and windows for moisture, leaks or condensation, and clear out and repair any damaged gutters and downspouts.
Check the Roof
Winter storms can damage your roof, but you may not notice the damage until the roof starts to leak. Perform a detailed inspection of the roof and note any repairs you need to make.
Touch Up the Exterior
Cold winter weather can cause paint to chip, and flying debris can dent siding. Walk around the building, note any damaged paint or siding, and fix the areas. Sometimes, a simple touch up is all that’s needed rather than refinishing the entire building.
Repair the Parking Area
If freezing temperatures created cracks or holes in the parking lot or sidewalks, fix the problem areas. You’ll also want to power wash the area to remove dirt, mud or other debris, repaint any faded lines and repair broken signs. With a clean parking area, you reduce liability and improve visual appeal.
Wash the Windows
Remove winter grime and buildup on the exterior and interior windows. Clean windows boost productivity and improve the appearance of your commercial building.
Boost Ventilation
Open windows and air out the stuffy building if possible. You may also inspect and clean the HVAC system and install fans or dehumidifiers in damp areas as needed.
Improve Curb Appeal
Fallen branches, debris and litter affect your property’s curb appeal and can create hazards for employees and visitors. Remove any debris, and trim trees, shrubs and bushes to reduce hiding places for burglars and future damage risks. Consider planting flowers and grass, too, as you improve your property’s curb appeal and safety.
Perform Pest Control
Warmer temperatures may attract bugs, insects and rodents to your property, so apply a pest spray around the building’s perimeter, and close any holes that may allow animals to enter the building. You may also want to treat any ponds, bird baths or other standing water with Mosquito Dunk or a similar product.
Assess Insurance
Your commercial property insurance protects your company, so schedule an assessment. Ensure you have adequate coverage for your needs as you look forward to the rest of the year.
This spring, you can perform maintenance on your commercial building to improve its appearance and functionality. These tips also reduce your liability and protect your employees and clients.
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When cyber attacks like data breaches and hacks occur, they can result in devastating damage. Businesses have to deal with business disruptions, lost revenue and litigation. It is important to remember that no organization is immune to the impact of cyber crime. As a result, cyber liability insurance has become an essential component to any risk management program.
Cyber liability insurance policies are tailored to meet your company’s specific needs and can offer a number of important benefits, including the following:
Data breach coverage.
In the event of a breach, organizations are required by law to notify affected parties. This can add to overall data breach costs, particularly as they relate to security fixes, identity theft protection for those impacted by the breach and protection from possible legal action. Cyber liability policies include coverage for these exposures, thus safeguarding your data from cyber criminals.
Business interruption loss reimbursement.
A cyber attack can lead to an IT failure that disrupts business operations, costing your organization both time and money. Cyber liability policies may cover your loss of income during these interruptions. What’s more, increased costs to your business operations in the aftermath of a cyber attack may also be covered.
Cyber extortion defense.
Ransomware and similar malicious software are designed to steal and withhold key data from organization until a steep fee is paid. As these types of attacks increase in frequency and severity, it’s critical that organizations seek cyber liability insurance, which can help recoup loses related to cyber extortion.
Forensic support.
Following a cyber attack, your organization will have to investigate to determine the extent of the breach and what led to it. The right policy can reimburse the insured for costs related to forensics and seeking out expert advice. Additionally, some policies can provide 24/7 support from cyber specialists, which is especially useful following a hack or data breach.
Legal support.
In the wake of a cyber incident, businesses often seek legal assistance. This assistance can be costly, Cyber liability insurance can help businesses afford proper legal work following a cyber attack.
Coverage beyond a general liability policy.
General liability policies don’t always protect organizations from losses related to data breaches. What’s more, data is generally worth far more than physical assets, and it’s important to have the right protection in place when you need it most. Supplementing your insurance with cyber coverage can provide you with peace of mind that, in even of an attack, your organization’s financial and reputational well-being is protected.
To learn more about cyber liability insurance, contact us today.
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