An extensive survey of more than 4,000 low-wage workers in Los Angeles, Chicago, and New York City by the National Employment Law Project (NELP) reached these conclusions:
- More than one in four workers surveyed (26%) were paid less than minimum wage.
- Among these workers, 16% were underpaid by more than one dollar per hour.
- More than three in four (76%) workers who worked overtime were not paid for their time. The average worker had put in 11 hours that were either underpaid or not paid at all.
- Women and foreign-born workers were victimized more than anyone else.
- The average wage theft was 15% of earnings.
Additional violation categories included:
- Off-the-clock
- Meal breaks
- Pay stubs
- Illegal deductions
- Tips
- Illegal employer retaliation
- Workers Compensation violations
It is hard to balance this economic suffering with the fact some executives are making tens of millions of dollars during a failing economy. You don’t have to be of any political persuasion to realize that something’s out of whack. Not only do these employers deprive good people of a fair day’s pay, they’re also at war with companies who strive to grow their business the right way; perhaps even going above the call and actually empowering their workers rather than oppressing them. If we can fight overseas to assure basic human rights, we should be able to do the same here.
For more information on the survey, click here.
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On July 30, 2018, the Occupational Safety and Health Administration (OSHA) issued a proposed rule to eliminate electronic reporting requirements for data from OSHA Forms 300 and 301. OSHA initially established these requirements— which apply to establishments with 250 or more employees—in a final rule issued in 2016.
Covered establishments must still submit electronic reports on data from Form 300A through the agency’s Injury Tracking Application (ITA). The next deadline for this reporting is March 2, 2019. The proposed rule would require covered establishments to submit their federal employer identification numbers (EINs) along with their Form 300A information.
- Covered establishments must submit data from Form 300A through the ITA every year, but should not electronically submit data from Forms 300 and 301.
- Anyone who is interested in submitting comments on the proposed rule must do so by Sept. 28, 2018.
On May 12, 2016, OSHA issued a final rule that requires certain establishments to electronically submit information about work-related injuries, illnesses and incidents through the agency’s ITA website every year. Under the final rule:
- Establishments that were already required to create and maintain OSHA injury and illness records and have 250 or more employees must electronically submit information from their OSHA Forms 300A, 300 and 301; and
- Establishments that have between 20 and 249 employees and belong to a high-risk industry must electronically submit information from Form 300A.
The final rule’s deadline for submitting 2017 data from these forms was July 1, 2018. In June 2018, however, OSHA announced that it will not:
- Enforce the July 1, 2018, deadline for information from Forms 300 and 301; or
- Accept any electronic reports on information from Forms 300 and 301.
The June 2018 announcement confirmed that all establishments subject to the electronic reporting rule must still use the ITA to submit information from Form 300A.
2018 Proposed Rule
Citing worker privacy issues related to information from Forms 300 and 301, OSHA’s proposed rule formally announces that the agency intends to remove the requirement for establishments with 250 or more employees to electronically submit information from Forms 300 and 301 every year. Under the proposed rule, these establishments (along with other establishments that are subject to OSHA’s final rule) would only be required to electronically submit information from Form 300A.
According to the proposed rule, OSHA believes this change is necessary because electronic submission of data from Forms 300 and 301 allows the federal government to collect information that workers may deem sensitive, such as descriptions of their injuries and the body parts affected. As records in federal possession, this information would put worker privacy at risk because it could be subject to disclosure under the federal Freedom of Information Act.
OSHA explained that this risk does not justify stopping its electronic collection of Form 300A summaries, because the Form 300A information offers significant enforcement value with little privacy risk. OSHA uses this information to help it identify and target establishments with high rates of work-related injuries and illnesses and to develop and assess intervention programs.
OSHA also proposed changing the electronic reporting rule to require covered establishments to submit their EINs along with their Form 300A information. OSHA believes this requirement could reduce or eliminate duplicative reporting and increase the Bureau of Labor Statistics’ ability to use OSHA-collected data for purposes of publishing its annual Survey of Occupational Injury and Illness (SOII). OSHA uses data from the SOII to help determine how to improve safety programs and to measure the Occupational Safety and Health Act’s effectiveness in reducing work-related injuries and illnesses.
Request for Public Comments
OSHA’s proposed rule invites the public to submit comments on the benefits and disadvantages of removing the requirement for establishments with 250 or more employees to electronically submit data from Forms 300 and 301 on an annual basis. OSHA also invites comments on its proposal to add a requirement for employers to submit their EINs along with their injury and illness data.
The specific questions that OSHA is seeking comments on, along with instructions for submitting comments, are outlined in the proposal. The agency will accept public comments on these issues until Sept. 28, 2018.
Impact on Employers
While OSHA’s proposed rule is under consideration, the agency will not enforce the July 1, 2018, deadline for establishments with 250 or more employees to electronically submit the data from Forms 300 and 301. For 2017 data from Form 300A, OSHA indicated that it will continue accepting electronic submissions after the July 1, 2018, deadline, but will mark these submissions as late. The next deadline for electronically submitting data from Form 300A is March 2, 2019.
More Information
Contact Scurich Insurance or visit OSHA’s ITA website for more information regarding electronic reporting.
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One of the first things hackers do when they attempt to infiltrate computer systems is to try using any common or stolen passwords. And, if your employees aren’t careful to use effective passwords and change them regularly, both they and your business can be exposed to data breaches, phishing schemes and other costly cyber attacks.
Most people don’t manage their passwords effectively because of the misconception that strong passwords need to be long and difficult to remember. However, there are a few simple steps you can relay to your employees in order to ensure that passwords are both hard for hackers to figure out and easy to manage:
Build passwords around familiar phrases. Long passwords are harder for computer programs to guess, so using a long but familiar phrase, like a favorite song lyric or quote, is a great start to making a password.
Use a password management service. Many people write their passwords down on paper or in a word processor, but keeping them anywhere insecure makes it easier for hackers to access them. Instead, encourage your employees to use a reputable password management service to keep all of their login credentials safe. Contact us today for more resources that can help improve your cyber security, including our new “Employee Cyber Training – Passwords” video.
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OSHA Proposes New Rule to Ensure Crane Operators are Qualified
Although cranes are indispensable on many construction sites, they require a large amount of training and expertise in order to operate safely. As a result, OSHA recently proposed a rule to ensure crane operators are qualified to operate equipment.
The proposed rule’s main provisions would clarify certification requirements and reinstate an employer’s duty to ensure employees are qualified:
- Certification categories would change to let more operators meet OSHA requirements
- A requirement for operator certifications to include crane lifting capacity would be discontinued
- Employer requirements for ensuring crane operators have sufficient training, certification and licensing would be extended and clarified
OSHA also published a final rule extending the operator certification compliance date until Nov. 10, 2018, to address employer concerns related to the cranes and derricks in construction standard.
For more information on the proposed rule, see OSHA’s full publication in the Federal Register.
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According to OSHA, a Maine-based roofing contractor has ignored numerous safety standards and exposed workers to significant fall risks for a number of years. OSHA cited the contractor – which has operated under the names Lessard Roofing & Siding and Lessard Brothers Construction – for safety violations at 11 different worksites between 2000 and 2011. However, the contractor failed to address the citations or pay any of the issued fines.
In 2011- after Lessard initially failed to address the OSHA citations – the 1st Circuit Court of Appeals ordered the contractor to correct the worksite violations, implement appropriate safety measures and pay accumulated fines with interest. Now, the court has held Lessard’s owner in civil contempt for defying the original 2011 order.
As a part of the recent court ruling, Lessard must do the following:
- Provide financial documentation to demonstrate the contractor’s ability to pay the $389,685 in outstanding OSHA fines.
- Ensure that employees and contractors use required safety equipment and fall protection.
- Conduct worksite safety analyses and meetings.
- Employ a competent person to ensure work proceeds according to OSHA regulations.
- Give OSHA details about each of the contractor’s worksites so the agency can conduct safety inspections.
Falls from ladders and roofs still account for the majority of injuries at work. In fact, fall protection violations are one of OSHA’s most frequent citations every year, with 6,072 issued in 2017 alone. Identifying fall hazards and deciding how to protect workers is the first step in eliminating or reducing fall hazards. Contact us at 831-661-5697 for OSHA programs, presentations and training materials you can use to protect your employees and avoid costly fines.
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OSHA recently developed a standard for confined spaces in the construction industry (29 CFR 1926 Subpart AA). These spaces can present conditions that are immediately dangerous to your workers’ lives or health if not properly identified, evaluated, tested and controlled. As a result, preparing to respond to an accident in a confined space is just as important as training workers to enter them.
One provision of the standard requires employers to develop and implement procedures for summoning rescue and emergency services in permit-required confined spaces. Any employer who relies on local emergency services for assistance is required to meet the applicable requirements of the OSHA standard.
However, not all rescue services or emergency responders are trained or equipped to conduct rescues in confined spaces. When you identify an off-site rescue service, it is critical that the rescuers can protect your employees. The emergency services should be familiar with the exact site location, the types of permit-required confined spaces and the necessary rescue equipment.
Employer Considerations
Pre-planning for a rescue will ensure that the emergency service is capable, available and prepared to save your workers.
Before the start of any rescue operation, you must evaluate prospective emergency responders, and select one that has the following traits:
- Adequate equipment for rescues, such as the following:
- Atmospheric monitors
- Fall protection
- Extraction equipment
- Self-contained breathing apparatus (SCBA) for the particular permit-required confined space
- The ability to respond and conduct a rescue in a timely manner based on the site conditions, and the capability to conduct a rescue if faced with potential hazards specific to the space. These hazards may include the following:
- Atmospheric hazards
- Electrocution
- Flooding or engulfment
- Poor lighting
- Falls
- Chemical hazards
- The ability to notify you in the event that the rescue team becomes unavailable.
To ensure the safety of your workers, you must take a proactive role in securing the services of emergency responders. This includes finding the most efficient way of contacting emergency responders, conducting a tour of the project site with them and communicating any changes made to the site before a rescue becomes necessary.
Communicating With Emergency Responders
Talking with emergency responders about the hazards they might encounter during a rescue will assist in preparing for the situation. The following are some questions responders should be able to answer when you request their services:
- Are you able to respond and conduct a rescue in a timely manner based on the site conditions?
- Do you have the appropriate equipment for response and rescue?
- Are you prepared for the hazards identified at the project site?
- Are you aware of the exact location of the work site? This includes information on access routes, gates, site plans and GPS coordinates.
- Can you visit the site and hold a practice rescue?
- What is the best way to contact you? How would I communicate any changes to site conditions throughout the project?
- Could other emergencies or group training preclude you from responding, and how will that be communicated?
Additional Resources
Complying with OSHA’s new standard will protect your workers and save you from costly penalties. Contact us today at 831-661-5697; we can provide you with our comprehensive resource, “Permit-required Confined Spaces in Construction Program and Training Materials.”
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