If an employee is away, restricted or transferred for an extended period of time, follow these guidelines for completing the OSHA 300 form:
- Enter an estimate of the days the employee will be away.
- Begin counting days on the day after the injury occurred or the illness began, and update this number when you know the actual number of days.
- The count of days away from work ends on the date the physician or other licensed health care professional recommends that the employee return to work, whether or not the employee returns earlier or later than that date.
- When there is no physician recommendation, enter the actual number of days the employee is off work.
- Include weekend days, holidays, vacation days or other days off in the number of days recorded if the employee would not have been able to work on those days due to a work-related injury or illness.
- When the number of calendar days away from work or days of job transfer or restriction is greater than 180, enter 180 in the “Total Days Away” column.
- If an employee leaves the company for a reason unrelated to the injury or illness, stop counting days away from work or restriction/job transfer.
- If an employee leaves the company because of the injury or illness, estimate the total number of days away or days of restriction/job transfer and enter that estimate.
- Log the number of days away only on the 300 Log for the year in which the incident occurred.
- If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary and then update the initial log entry later when the day count is known or reaches the 180-day cap.
- Never split the number of days between years and enter two amounts for two different years. Only record each injury or illness once.
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OSHA frequently introduces or revises safety rules to remain up to date with new technologies and workplace procedures. In early 2017, two new major rules regarding injury and illness reporting will be in effect that all employers and establishments should be aware of.
OSHA’s electronic reporting rule will require some establishments to electronically submit data from their work-related injury records to OSHA. This rule becomes effective on Jan. 1, 2017. Under the new rule, establishments with 250 or more employees must electronically submit data from their OSHA 300, 300A and 301 forms. OSHA will then remove any personally identifiable information (PII) and post the establishment-specific data on its website.
In response to the electronic reporting rule, OSHA released an anti-retaliation rule that went into effect on Dec. 1, 2016. This rule includes two major requirements for employers:
- Employers must inform their employees that they have a right to report work-related injuries and illnesses without any form of retaliation.
- Employer must ensure that “reasonable” procedures are in place for employees to report work-related injuries and illnesses.
Because these two new rules may dramatically change how establishments and employees report injuries and illnesses, it’s important for employers to understand their reporting responsibilities. For more information, contact us today and ask for our two compliance bulletins, “OSHA Issues Final Rule on Electronic Reporting” and “OSHA’s Anti-retaliation Rules to Take Effect Dec. 1, 2016.”
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On Jan. 9, 2017, the Occupational Safety and Health Administration (OSHA) issued a final rule that amends its beryllium standards for the general, construction and shipyard industries.
The final rule sets a new permissible exposure level (PEL) and requires new provisions to protect workers, including exposure control measures, exposure assessments, respiratory protection, personal protective clothing and equipment, and new conventions for housekeeping, medical surveillance, hazard communication and record keeping.
The final rule becomes effective on March 10, 2017, though compliance is not required on most provisions until March 12, 2018.
ACTION STEPS
Employers should become familiar with the new standards and evaluate their current workplace practices and training programs to ensure compliance with the final rule by the applicable deadlines.
Beryllium
Beryllium is a metal that is lighter than aluminum and stronger than steel. Beryllium is also durable, stable, conductive and nonmagnetic. Because of its properties, beryllium is often used as an alloying agent to produce beryllium copper, and it can be found in nuclear reactors, machine parts and springs, complex electronic equipment and aircraft.
However, beryllium is also very toxic. Exposure to unsafe beryllium levels can cause respiratory problems and skin disease. Beryllium exposure can also affect an individual’s eyes, liver, kidneys, heart, nervous system and lymphatic system. Also, beryllium is a known cancer-causing substance.
Affected Employers
OSHA estimates that approximately 35,000 workers are exposed to beryllium in approximately 4,088 establishments in the United States. However, even though the highest risk of exposure for workers is at the workplace, exposure can also happen through contaminated clothing and vehicles and can affect a worker’s family members and the general public.
Employers in manufacturing and alloy production, machining and fabrication, and recycling have traditionally shown the highest average exposures to beryllium.
New PELs
The final rule establishes two new PELs that apply to beryllium in all of its forms, compounds and mixtures. These standards are:
| TWA PEL 0.2 μg/m3
An eight-hour time-weighted average (TWA) PEL of 0.2 micrograms per cubic meter of air |
& |
STEL PEL 2.0 μg/m3
A 15-minute short-term exposure limit (STEL) of 2.0 micrograms per cubic meter of air |
TWA PEL
The TWA PEL dictates that employers cannot allow the average worker exposure during an eight-hour work shift to exceed 0.2 μg/m3. The new TWA PEL represents one-tenth of the previous PEL. The new TWA PEL is ten times smaller than the previous PEL because OSHA found that the previous standard posed a “significant risk of material impairment of health to exposed workers.”
Even though OSHA concluded that a TWA PEL of 0.1 μg/m3 was preferable, it chose to adopt the 0.2 PEL out of concerns over the feasibility of implementing a 0.1 TWA PEL.
STEL PEL
The STEL PEL, or ceiling limit, was adopted because even the 0.2 μg/m3 TWA PEL continues to pose a significant health hazard to workers. The STEL PEL is intended to protect workers from the harm that may result from beryllium exposures that, though brief, exceed the TWA PEL.
The final rule sets the beryllium STEL PEL at than 2.0 μg/m3 of beryllium in any 15-minute sample during the work shift. Employers will be required to make sure that no worker is exposed to a higher concentration. Employers will need to measure their STEL PEL during the highest-exposure operations performed by workers.
Action Level
The final rule also implements an action level for beryllium. Under the final rule, the action level for beryllium is a concentration of airborne beryllium of 0.1 μg/m3 calculated as an eight-hour TWA. When beryllium concentrations are equal to or higher than the action level trigger, an employer may have to:
- Conduct periodic exposure monitoring (if the employer is following the scheduled monitoring option);
- List the operations and job titles that are reasonably expected to expose workers at or above the action level as part of their written exposure control plan;
- Ensure that at least one of the controls listed by the final rule is set in place (unless the employer can demonstrate, for each operation or process, that such controls are either not feasible or that worker exposures are below the action level based on at least two representative personal breathing zone samples taken at least seven days apart);
- Provide employee medical surveillance for employees that are exposed at or above the action level for more than 30 days per year (an employer’s medical surveillance obligations allow affected employees to receive exams at least every two years at no cost to the employee);
- Follow medical removal protocols. Employees eligible for removal can choose to remain in environments with exposures at or above the action level, provided they wear respirators. These employees may also choose to be transferred to comparable work in environments with exposures below the action level. However, if comparable work is not available, the employer must maintain the employee’s earnings and benefits for six months or until comparable work becomes available.
Additional Requirements
The table below provides a summary of additional requirements and changes imposed by the final rule.
| Exposure Assessment |
· Employers must provide exposure assessment when workers are reasonably expected to be exposed to airborne beryllium.
· Employers may choose between the performance or schedule monitoring options. |
| Beryllium Work Areas |
· Employers in the general and shipyard industries must establish, maintain, demarcate and limit access to certain areas to limit worker exposure.
· Employers in the construction industry must designate a “competent person” to demarcate certain areas of beryllium exposure. |
| Written Exposure Plan |
· Employers must establish, implement, and maintain a written exposure control plan and specify the information that must be included in the plan.
· Written exposure plans must be reviewed annually and updated as required.
· Employers must also make a copy of the written plan to any employee who is, or can reasonably be expected to be, exposed to airborne beryllium. |
| Respiratory Protection |
· Employers must provide adequate respiratory protection at no cost to their employees. Powered air-purifying respirators (PAPRs) instead of negative pressure respirators must be provided if requested by employees.
· Employers must ensure that employees use respiratory protection in certain situations. |
| Personal Protective Equipment (PPE) |
· Employers must provide adequate PPE to their employees when:
o Exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; and
o There is reasonable expectation of dermal contact with beryllium.
· Employers must follow the final rule’s updated standards for appropriate removal, storage, cleaning and replacement of required PPE. |
| Hazard Communication |
· Employers have to take additional steps to warn and train employees about beryllium hazards. |
| Housekeeping |
· Employers in the general industry must:
o Maintain all surfaces in beryllium work areas as free as practicable of beryllium;
o Clean spills and emergency releases of beryllium promptly;
o Use appropriate cleaning methods; and
o Dispose of materials containing or contaminated with beryllium properly.
· Employers in the shipyard and construction industries must:
o Follow the required written exposure control plan when cleaning beryllium-contaminated areas;
o Use appropriate cleaning methods, and
o Provide beryllium-containing material recipients for use or disposal with a copy of the hazard communication or warning described in the final rule. |
| Hygiene Areas and Practices |
· Under specified circumstances, employers must provide employees with readily accessible washing facilities and change rooms (access to showers for employee use may also be required by the general industry standard).
· Employers must take certain steps to minimize exposure in eating and drinking areas. |
Appendix A
The final rule also includes Appendix A to the final standard for the general industry. This appendix provides information to employers on recommended control options that employers could use to comply with their requirement to reduce exposure to airborne beryllium in beryllium work areas.
However, compliance with the information in Appendix A is recommend, not required. OSHA stated in the final rule “Appendix A is for informational and guidance purposes only and none of the statements in Appendix A should be construed as imposing a mandatory requirement on employers that is not otherwise imposed by the standard. In addition, this appendix is not intended to detract from any obligation that the rule imposes.”
More Information
Please contact [B_Officialname] or visit the OSHA Beryllium webpage for more information on this topic.
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Workers Compensation fraud is a widespread and serious problem that’s not only illegal, but leads to higher insurance premiums for all businesses – including yours.
According to industry experts, Comp-related scams often involve one or more of these “red flags.” Although no one sign should necessarily be cause for alarm by itself, two or more should raise suspicions and could trigger an investigation of the claim:
- Monday morning report of injury. The alleged injury occurs first thing on Monday, or late Friday afternoon, but is not reported until Monday.
- Change in employment status. The reported accident occurs immediately before or after a strike, job termination, layoff, end of a major project, or the conclusion of seasonal work.
- Suspicious providers. The claimant’s medical provider or legal consultant has a history of handling dubious claims.
- Lack of witnesses. No one else saw the accident and the employee’s description does not support the cause of the injury.
- Conflicting descriptions. The employee’s account of the accident doesn’t match with the medical history or injury report.
- History of claims. The employee has filed a number of questionable or litigated claims.
- Refusal of treatment. The claimant declines a diagnostic procedure to confirm the nature or extent of the injury.
- Late reporting. The employee delays reporting the incident without a reasonable explanation.
- Elusiveness. The allegedly disabled employee is hard to reach.
- Instability. The claimant changes physicians, addresses, or jobs frequently
If one of your workers files a claim that has some of these warning signs, be sure to let us know. We’ll work with you and your Workers Comp carrier to check it out.
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As people retire later, the workforce keeps aging. This trend has been a concern for businesses because the conventional wisdom holds that older workers are more vulnerable to costly injuries, driving up Workers Comp rates.
However, new research from the National Council on Compensation Insurance (NCCI) casts doubt on this conclusion, changing the definition of “older workers.”
After studying injury rates for different age groups, NCCI found that, while workers under 35 had substantially more cuts on their fingers and those over 35 suffered more cases of carpal tunnel and cervical injuries, the numbers are startlingly similar.
What about expense? NCCI concluded that although workers between 20 and 34 create much lower costs (and fewer days lost), once they reach 35 these costs are similar. This redefines an “older worker” as someone who grew up listening to Nirvana instead of Elvis.
Injury prevention for employees – regardless of age –should begin during the hiring process. Once you have a written job description, offer the candidate the job based on his or her ability to do the work with reasonable accommodation. Then have the candidate complete a medical questionnaire to determine if he or she “fits” position. If so, it’s time to get started. If not, to find someone else.
If you haven’t already done so, set up and monitor a comprehensive safety-training program for new hires, Make sure that they remain mindful of how they’re doing their job. Far more injuries result from unsafe acts by employees than unsafe workplace conditions Employees who feel rushed are more likely to ignore safety aside so they can meet deadlines – leading to preventable accidents.
To learn more about keeping your workers safe on the job, feel free to get in touch with us.
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Smaller companies tend to be more vulnerable than Fortune 500 corporations to theft by employees.
According to John Warren, general counsel for the U.S. Association of Certified Fraud Examiners (USACFA), losses from internal theft are disproportionately high among small businesses. A nationwide USACFA review of more than 1,100 fraud cases found that the median loss in organizations with fewer than 100 employees came to $190,000 – more than half again as much as the $120,000 loss among companies with 1,000 to 9,999 employees.
Check tampering was the most common scam uncovered by the survey, followed by skimming (the theft of unrecorded sales), faked billing, and phony expense reimbursements.
One reason why small companies take a bigger hit is because employee theft is often hard to detect and can last over several years. Most perpetrators aren’t hardened criminals, but rather longtime, trusted workers who have risen through the ranks. “It’s startling how many times people will say, ‘I’ve known this person for 10 years, they babysat my kids,’ ” says the USACFA’s Warren, ” ‘Out of all of my employees, I would have never guessed this.’ ”
Embezzlement usually starts small and then escalates, often triggered by money problems facing the worker. Says one expert, “Any time you have an employee who has financial difficulties, you have the makings of a problem.”
their vulnerability, many small businesses don’t take basic steps to deter employee theft. “There’s a reluctance to think about this, compared to larger companies,” notes Rich Simitian, Southern California managing partner for accounting firm Grant Thornton. “The attitude is, ‘I’ve got too many other things to think about as a business owner.’ ”
We’d be happy to recommend precautions that can help you deter fraud internal fraud.
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