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Employer Responsibilities & OSHA

2018-05-03
, Human Resources

The following list is a summary of the most important employer responsibilities related to the Occupational Safety and Health Act of 1970:

  • Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.
  • Examine workplace conditions to make sure they conform to applicable OSHA standards.
  • Make sure employees have and use safe tools and equipment and properly maintain this equipment.
  • Use color codes, posters, labels or signs to warn employees of potential hazards.
  • Establish or update operating procedures and communicate them so that employees follow safety and health requirements.
  • Provide medical examinations and training when required by OSHA standards.
  • Post, at a prominent location within the workplace, the OSHA poster (or the state-plan equivalent) informing employees of their rights and responsibilities.
  • Notify OSHA of all work-related fatalities within 8 hours, and of all work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours.
  • Keep records of work-related injuries and illnesses. (Note: Employers with 10 or fewer employees and employers in certain industries are exempt from this requirement.)
  • Provide employees, former employees and their representatives access to the Log of Work-Related Injuries and Illnesses (OSHA Form 300).
  • Provide access to employee medical records and exposure records to employees or their authorized representatives.
  • Provide to the OSHA compliance officer the names of authorized employee representatives who may be asked to accompany the compliance officer during an inspection.
  • Not discriminate against employees who exercise their rights under the Act.
  • Post OSHA citations at or near the work area involved. Each citation must remain posted until the violation has been corrected, or for three working days, whichever is longer. Post-abatement verification documents or tags.
  • Correct cited violations by the deadline set in the OSHA citation and submit required abatement verification documentation.
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OSHA Small Business Programs

2018-04-27
Human Resources

The following information and resources are available from OSHA for small businesses:

OSHA’s Free On-site Consultation Program

OSHA’s free On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems. Read more about OSHA’s free On-site Consultation Program.

Compliance Assistance Specialists (CAS)

Each OSHA Area Office in states under federal jurisdiction has a Compliance Assistance Specialist. These staffers respond to requests for help from a variety of groups, including small businesses. CAS’s put on seminars and workshops for small businesses and other groups. They promote OSHA’s cooperative programs, OSHA’s training resources, and the OSHA web site. To read more about Compliance Assistance Specialists and find a directory of CAS’s in your area, click here.

Frequently Asked Questions for Small Business Employers

This area is very important in terms of providing key information related to small business and OSHA.

Penalty Reductions

OSHA considers the size of the employer, among other factors when determining the penalty to be proposed for any violation. The Agency has always had detailed procedures in place for making this determination; they are currently in the OSHA Field Operations Manual (FOM) (OSHA Instruction CPL 02-00-159), which is conveyed to and followed by all compliance staff.

The FOM provides that proposed penalties will be reduced by the following percentages in considering employer size:

  • 60% penalty reduction may be applied if an employer has 25 employees or fewer;
  • 30% if the employer has 26-100 employees; and
  • 10% if the employer has 101-250 employees.

Training and Education

OSHA’s Training Institute (OTI) and OSHA’s Training Education Centers across the country provide basic and advanced courses in safety and health. OSHA’s area offices offer information services, such as audiovisual aids, technical advice, and speakers for special engagements. In addition, the Training Centers have begun offering one-day or one-half-day seminars to increase opportunities for small business employers to attend safety/health training.

Diverse Workforce/Limited English Proficiency (LEP) Coordinators

OSHA’s Diverse Workforce/Limited English Proficiency (LEP) Coordinators assist a variety of groups, including small businesses, trade associations, union locals, and community and faith-based groups with outreach, education and training to Spanish-speaking and other diverse workers. The coordinators are available for seminars, workshops, and speaking events for diverse workers. They promote OSHA’s cooperative programs and Spanish/other-than-English training materials and compliance assistance resources available on the OSHA Web site. There is one Diverse Workforce/Limited English Proficiency Coordinator in each of the ten OSHA Regions. To find the Diverse Workforce/Limited English Proficiency Coordinator in your Region, click here.

Electronic Tools and Resources

  • OSHA eTools are “stand-alone”, interactive, Web-based training tools on occupational safety and health topics. They are highly illustrated and utilize graphical menus. Some also use expert system modules, which enable the user to answer questions, and receive reliable advice on how OSHA regulations apply to their work site.
  • Recordkeeping injury and illness resources.
  • OSHA’s Compliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA’s website.
  • Frequently Cited OSHA Standards is a query tool which allows the user to determine the most frequently cited Federal and State OSHA standards for a given SIC code. The SIC code may be determined by accessing the online SIC Manual.

Publications

OSHA has many publications, including specific topics for small businesses that are available or can be ordered online.

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Small Businesses May Be Able to Keep Existing Health Coverage Through 2019

2018-04-24
Human Resources

Policies Renewed Under Extended Transitional Policy Must End by December 31, 2019

A previously extended transitional policy which allows health insurance issuers, at their option, to continue group coverage that would otherwise be terminated or canceled has been further extended to policy years beginning on or before October 1, 2019, provided that all policies end by December 31, 2019. Health insurance issuers that renew coverage under the extended policy are required to provide standard notices to affected small businesses for each policy year.

Policies subject to the transitional relief will not be considered to be out of compliance with key Affordable Care Act provisions, including:

  • The requirement to cover a core package of items and services known as essential health benefits;
  • The requirement that any variations in premiums be limited with regard to a particular plan or coverage to age, tobacco use, family size, and geography;
  • The requirements regarding guaranteed availability and renewability of coverage; and
  • The requirements relating to coverage for individuals participating in approved clinical trials.
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New Rule Allows Brokers to Further Aid SHOP Enrollment

2018-04-17
, , , , , , Human Resources

Rule Effective for Plan Year 2018

The U.S. Department of Health and Human Services (HHS) has issued a new rule that allows employers to directly enroll in SHOP (Small Business Health Options Program) coverage through a SHOP-registered agent or broker. This enrollment approach is now generally available in federally-facilitated SHOPs (FF-SHOPs), including state-based Exchanges using the federal platform for SHOP, for plan years beginning on or after January 1, 2018. State-based Exchanges operating their own SHOPs can also adopt this new approach.

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Individual Mandate Exemptions Available for 2017 Tax Returns

2018-04-12
, , , , , Human Resources

Affordability, Tax Filing Threshold, and Other Exemptions Available

Under the Affordable Care Act’s (ACA) ”individual mandate” (also called individual shared responsibility) provision, every individual must have minimum essential health coverage for each month, qualify for an exemption, or make a payment when filing his or her federal income tax return for tax year 2017.

Among other exemptions, individuals may claim the following exemptions from the individual mandate by filing Form 8965, Health Coverage Exemptions, along with his or her 2017 tax return:

  • Affordability Exemption: The lowest-priced coverage available to the individual, through either a Health Insurance Marketplace or employer-based group health plan, would have cost the individual more than 8.16% of his or her household income for plan years beginning in 2017, as computed on the tax return.
  • Tax Filing Threshold Exemption: The individual’s gross income or household income was less than the applicable minimum threshold for filing a tax return (see ”2017 Federal Tax Filing Requirement Thresholds”).
  • Short Coverage Gap Exemption: The individual went without coverage for less than three consecutive months during the year.
  • Medicaid Expansion Exemption: The individual’s household income is below 138% of the federal poverty line for his or her family size, and at any time during the year, the individual resided in a state that did not participate in the Medicaid expansion under the ACA. States that did not expand Medicaid for all of 2017 include: Alabama, Florida, Georgia, Idaho, Kansas, Maine, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.
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Food Service Industry Safety

2018-04-03
, , , Human Resources

Restaurants and other eating and drinking businesses employ millions of people in the United States. The federal Occupational Safety & Health Administration (OSHA) provides resources to help workers in the restaurant industry stay safe and healthy on the job.

Coverage

OSHA’s general industry standards related to foodborne illness generally apply to persons engaged in a business affecting commerce who have employees, but does not include certain public employers (i.e., the federal government, state governments, or political subdivisions of a state).

Note: Twenty-five states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these states adopt standards that are identical to federal OSHA. However, some states have adopted different standards applicable to this topic or may have different enforcement policies.

Food Service Employers’ Responsibilities Under OSHA

Key employer requirements include:

  • Furnishing to each of their employees a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees;
  • Informing employees of the existence, location and availability of their medical and exposure records when they first begin employment and at least annually thereafter; and
  • Providing these records to employees or their designated representatives within 15 working days of a request.

Food Service Employees’ Rights Under OSHA

Key employee rights include:

  • Filing a complaint with OSHA if they believe that there are either violations of OSHA standards or serious workplace hazards;
  • Requesting information from the employer on safety and health hazards in the workplace, chemicals used in the workplace, tests the employer has done to measure chemical, noise and radiation levels, precautions the employer should take and procedures to be followed if employees are involved in an incident or are exposed to hazardous chemicals or other toxic substances;
  • Reviewing the Log and Summary of Occupational Injuries and Illnesses (OSHA 300) at a reasonable time and in a reasonable manner or have an authorized representative do so.
    • Note: There are two classes of employers that are partially exempt from routinely keeping injury and illness records. First, employers with 10 or fewer employees at all times during the previous calendar year are exempt from routinely keeping OSHA injury and illness records. OSHA’s revised recordkeeping regulation maintains this exemption. Additionally, establishments in certain low-hazard industries are also partially exempt from routinely keeping OSHA injury and illness records.
  • Accessing relevant exposure and medical records; and
  • Requesting copies of appropriate standards, rules, regulations and requirements that the employer should have available at the workplace.

Food Service Safety Resources

The following resources describe common hazards and potential safety solutions for workers and employers in the food service industry:

Restaurant Youth Worker Safety Tools

State Law Resources

The following links provide food safety standards and/or licensing requirements by state:

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Developing an Emergency Action Plan

2018-03-28
, Human Resources

An emergency action plan covers designated actions employers and employees must take to ensure employee safety from fire and other emergencies. Not all employers are required to establish an emergency action plan. Even if you are not specifically required to do so, compiling an emergency action plan is a good way to protect yourself, your employees, and your business during an emergency.

You may find it beneficial to include your management team and employees in the process. Explain your goal of protecting lives and property in the event of an emergency, and ask for their help in establishing and implementing your emergency action plan. Their commitment and support are critical to the plan’s success.

What is an emergency action plan?

An emergency action plan is a written document required by particular OSHA standards. The purpose of an employee action plan is to facilitate and organize employer and employee actions during workplace emergencies. Well-developed emergency plans and proper employee training (such that employees understand their roles and responsibilities within the plan) may result in fewer and less severe employee injuries and less structural damage to the facility during emergencies.

Does our company need an emergency action plan?

Almost every business is required to have an emergency action plan. You can use OSHA’s online Expert System to determine whether your company is required to establish a plan. Generally, if fire extinguishers are required or provided in your workplace, and if anyone will be evacuating during a fire or other emergency, then OSHA’s regulations require you to have an emergency action plan.

How can our company create an emergency action plan?

When developing your emergency action plan, it’s a good idea to look at a wide variety of potential emergencies that could occur in your workplace. It should be tailored to your worksite and include information about all potential sources of emergencies. Developing an emergency action plan means you should do a hazard assessment to determine what, if any, physical or chemical hazards in your workplaces could cause an emergency. If you have more than one worksite, each site should have an emergency action plan.

Keep a copy of your emergency action plan in a convenient location where employees can get to it, or provide all employees a copy. If you have 10 or fewer employees, you may communicate your plan orally.

OSHA’s Emergency Action Plan Expert System Can Help

You can use OSHA’s online Emergency Action Plan Expert System to help you write a simple emergency action plan for your company. According to OSHA, this basic plan will be adequate for the needs of many small and medium-sized entities, but may not be adequate for large establishments or those with more significant hazards. Users in such establishments should consider the special characteristics of their workplaces. Users can supplement this basic plan to address any situations that require special attention.

Note that the OSHA Expert System only provides information based on Federal OSHA Emergency Action Plan requirements. If you are covered by a state OSHA plan, you may need to contact your local state OSHA office.

What should an emergency action plan include?

At a minimum, your emergency action plan should include the following elements:

Although not specifically required by OSHA, you may find it helpful to include the following in your plan:

  • A description of the alarm system to be used to notify employees (including disabled employees) to evacuate and/or take other actions. The alarms used for different actions should be distinctive and might include horn blasts, sirens, or even public address systems.
  • The site of an alternative communications center to be used in the event of a fire or explosion; and
  • A secure on- or offsite location to store originals or duplicate copies of accounting records, legal documents, your employees’ emergency contact lists, and other essential records.

Alerting Employees to an Emergency

Your plan must include a way to alert employees, including disabled workers, to evacuate or take other action, and how to report emergencies, as required. Among the steps you must take are the following:

  • Make sure alarms are distinctive and recognized by all employees as a signal to evacuate the work area or perform actions identified in your plan;
  • Make available an emergency communications system such as a public address system, portable radio unit, or other means to notify employees of the emergency and to contact local law enforcement, the fire department, and others; and
  • Stipulate that alarms must be able to be heard, seen, or otherwise perceived by everyone in the workplace.

What type of training should our employees receive?

You will want to educate your employees about the types of emergencies that may occur and train them in the proper course of action. The size of your workplace and workforce, processes used, materials handled, and the availability of onsite or outside resources will determine your training requirements.

Be sure all your employees understand the function and elements of your emergency action plan, including types of potential emergencies, reporting procedures, alarm systems, evacuation plans, and shutdown procedures. Discuss any special hazards you may have onsite such as flammable materials, toxic chemicals, radioactive sources, or water-reactive substances. Clearly communicate to your employees who will be in charge during an emergency to minimize confusion.

General training for your employees should address the following:

  • Individual roles and responsibilities;
  • Threats, hazards, and protective actions;
  • Notification, warning, and communications procedures;
  • Means for locating family members in an emergency;
  • Emergency response procedures;
  • Evacuation, shelter, and accountability procedures;
  • Location and use of common emergency equipment; and
  • Emergency shutdown procedures.

Once you have reviewed your emergency action plan with your employees and everyone has had the proper training, you may want to hold practice drills to keep employees prepared. Include outside resources such as fire and police departments when possible. After each drill, gather management and employees to evaluate the effectiveness of the drill. Identify the strengths and weaknesses of your plan and work to improve it.

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Deadline to File Paper Returns With IRS was February 28

2018-03-22
, , , , Human Resources

Employers subject to the Affordable Care Act’s (ACA) information reporting requirements are reminded that the deadline to electronically file ACA information returns with the IRS is April 2.

The reporting deadlines in 2018 are for the 2017 calendar year, and are as follows:

  • Applicable large employers (ALEs)—generally those with 50 or more full-time employees, including full-time equivalents—must electronically file Forms 1094-C and 1095-C with the IRS no later than April 2. The deadline to file paper returns was February 28.
  • Self-insuring employers that are not considered ALEs, and other parties that provide minimum essential health coverage, must electronically file Forms 1094-B and 1095-B with the IRS no later than April 2. The deadline to file paper returns was February 28.

Note: Employers filing 250 or more Forms 1095-B or 1095-C are required to electronically file them with the IRS.

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Health and Wellness Introduction

2018-03-16
, , Human Resources

The Health and Wellness section features valuable information from the Centers for Disease Control and Prevention’s (CDC) Healthier Worksite Initiative. The initiative addresses Workforce Health Promotion, a topic that is receiving a lot of attention in workplaces today. Well-constructed and well-run programs can reduce costs to the employer and improve employee health, productivity and morale.

The information provided in this section is designed as a resource for Workforce Health Promotion program planners in all types of organizations.  Here you will find information, resources, and step-by-step toolkits to help you improve the health of your employees.

Workforce Health Promotion Topics

The CDC has included some very helpful information, guidelines and resources for planning a healthier workplace including:

  • Program Design – Planning and designing a Workplace Health Promotion (WHP) program is essential to ensuring its success. These resources, featuring tools and information about program planning and needs assessments, can help get you started.
  • Policies – This section contains basic information about policies that impact health promotion at federal workplaces and explains why they are important to WHP planners.
  • Toolkits – Designed specifically for work sites, these toolkits help program planners save time planning, implementing, and evaluating specific WHP programs.
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