imolinari@keevily.com

Electronic Reporting Link:
https://www.osha.gov/injuryreporting/index.html

EMPLOYERS WITH 20 OR MORE EMPLOYEES in certain industries employers must also annually file the OSHA 300a through OSHA.gov….

Employers with 20 or more employees per establishment (see definitions below for establishment) and are in OSHA’s list of high-risk industries are required to electronically file their OSHA 300a forms annually.  The high-risk industry list includes construction, manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, waste management services, and other high-risk industries.  A complete list of OSHA’s high-risk industries can be found at this link: HIGH-RISK INDUSTRIES

WHO DOES NOT NEED TO FILE ELECTRONICALLY?

Establishments that meet any of the following criteria DO NOT have to send their information to us. Remember, these criteria apply at the establishment level, not to the firm as a whole.

• The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
• The establishment’s industry is on this list, regardless of the size of the establishment.
• The establishment had peak employment between 20 and 249 employees during the previous calendar year AND the establishment’s industry is NOT on this list.

Deadline: 2022 data must be submitted by March 2, 2023

1- When determining the number of employees what type of employees do I include?

All employees at your establishment need to be included, for example, all part-time, seasonal, clerical, principles, etc.

2- I have over 20 employees and I am in construction, do I need to electronically file with OSHA?

Yes, all construction NAICS codes are included in the high-risk industry list. View high-risk industry list (NAICS code 23 Construction includes all codes that start with 23). 

3- I have 20 or more employees but I am NOT in construction, do I need to electronically file with OSHA?

Manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, and waste management services are considered high-risk industries and are required to file electronically.  A complete list of OSHA’s high-risk industries can be found on this link: high-risk industry list 

4- How do I find my NAICS code?

Use NAICS Keyword Search and enter keywords that describe your operation. 

5- If I have less than 20 employees do any of the OSHA recordkeeping rules apply?

 Yes, all employers are required to report serious injuries by contacting OSHA within 8 hours of a work-related fatality and within 24 hours of work-related in-patient hospitalization, amputation, or loss of eye (see Severe Injury Reporting ).  You may also be required to keep OSHA logs if you have over 10 employees and you are not on the partially exempt list  Watch this OSHA 15 minute video to learn more about how to maintain your OSHA logs. 

6- If I file electronically do I need to keep OSHA logs?

Yes.  Watch this OSHA 15 minute video to learn more. 

7- What year data is being electronically filed by 3/2/2023?

You will be filing your 2022 data

8- When will the 2022 data be due?

2022 data will be due no later than 3/2/2023.  Be sure to file early!

9- If an employee in my establishment is a contractor’s employee, must I record an injury or illness occurring to that employee?

If the contractor’s employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee’s work on a day-to-day basis, you must record the injury or illness.

10- Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased, or contract employees that I supervise on a day-to-day basis?

 No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer’s OSHA 300 Log (if that company provides day-to-day supervision).

11- If I had no losses do I still need to electronically file?

Yes if you fall into the requirement you must still file “0” losses

Additional OSHA electronically filing questions. 

Still need assistance? 

Email: Claims@keevily.com or call 1-800-523-5516. 

Who falls under this regulation?

Employers with 11 or more employees at any time during the prior calendar year unless industry code is listed on the Partial Exempt List.

When?

Work related injury and illness should be logged on the OSHA 300 within 7 days of knowledge

Deadlines: Feb 1, 2023

You will be required to post only the 2022 Summary 300a form from Feb 1, 2023, through April 30, 2023, in an area visible to employees.

Forms Required:

Employers that are required to maintain Injury and Illness records will need three forms:

• the Log of Work-Related Injuries and Illnesses (OSHA Form 300),
• the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and
• the Injury and Illness Incident  Report (OSHA Form 301 or Workers Comp First Report of Injury C2/eFroi).

Instructions:

Watch this 15 min video for a tutorial on completing the Recordkeeping Forms.

Things to Consider:

What type of Injuries or Illnesses are NOT recordable:

• Employee presented as a member of the general public
• Symptoms arise in a work environment that is solely due to non-work-related event or exposure, (regardless of where signs or symptoms surface). A case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.
• Voluntary participation in a wellness program, medical, fitness or recreational activity
• Eating, drinking or preparing food or drink for personal consumption
• Personal tasks outside assigned working hours
• Personal grooming, self medication for non-work-related condition, or intentionally self-inflicted
• Common cold or flu
• Mental illness, unless employee voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness
• Visits to a licensed physician solely for observation or counseling
• Diagnostic procedures including x-rays, MRIs, CT scans
• If the incident involves no lost time and the treatment received does not got beyond the following First Aid List
  • Using nonprescription medication at nonprescription strength
  • Tetanus immunizations
  • Cleaning, flushing, or soaking surface wounds
  • Wound coverings, butterfly bandages, Steri-Strips
  • Hot or cold therapy
  • Non-rigid means of support
  • Temporary immobilization device used to transport accident victims
  • Drilling of fingernail or toenail, draining fluid from blister
  • Eye patches
  • Removing foreign bodies from eye using irrigation or cotton swab
  • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
  • Finger guards
  • Massages
  • Drinking fluids for relief of heat stress

Special Consideration:

• Recording workplace exposures to COVID-19

OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log (29 CFR Part 1904).

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are true:

1. The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
2. The case is work-related (as defined by 29 CFR 1904.5); and
3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

Employers should follow the OSHA enforcement guidance found in the Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19).

Visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements page for more information.

• Travel:

1. An injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employer, otherwise it is not recordable.
2. Detour for personal reasons is not work-related

• Work from Home:

Injuries and illnesses that occur while an employee is working at home are work-related if they:

1. Occur while the employee is performing work for pay or compensation in the home, and
2. Are directly related to the performance of work rather than the general home environment

Day counts (days away or days restricted)                  

• Do not count day of injury/illness
• Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.)
• Cap day count at 180 days away and/or days restricted
• May stop day count if employee leaves company for a reason unrelated to the injury or illness
• If a medical opinion exists, employer must follow that opinion
• Logs are to be completed within 7 days of the injury/illness

Incident Rate Calculation –          Total number of injuries & illnesses multiplied by 200,000

divided by the number of hours worked by all employees = total recordable case rate

Online Calculator

For more info please visit OSHA.gov or call your Keevily Team.

Supervisors are responsible for a great deal of what goes on day to day in the workplace; it’s not just a position that solely assigns tasks. Supervisors must ensure a safe and healthful workplace for employees. Employees must be able to report unsafe or unhealthful workplace conditions or hazards to a supervisor without fear of reprisal.

This part two guidance outlines ways that supervisors can help proactively limit workers’ compensation claims and find opportunities to promote your company’s safety program.

Proactive Claim Prevention Methods

Supervisors are some of the most influential people within a company when it comes to promoting a positive safety culture.

Most employees will follow the example set by their supervisors. That is, if a supervisor is showing a disregard for safety in the workplace, then there’s a high likelihood that other employees will start displaying those same behaviors. As such, it is important that supervisors show their employees how important safety is. They can do so by incorporating safety initiatives within their everyday routines.

Specifically, supervisors should call out employees’ poor workplace behavior and provide them with feedback on how to do a job correctly and safely. Supervisors can discuss these behaviors with employees right as they occur, or use them as topics for daily toolbox talks.

A positive safety culture in the workplace has been proven to reduce the risk of employee injuries. According to the Occupational Safety and Health Administration, studies have shown that company engagement in safety programs reduces injury and illness rates significantly.

Supervisors who participate in and encourage employees to practice safe work habits will help limit instances of injury and illness, leading to a reduction in workers’ compensation claims and related costs. That being said, it is important for employers to hire supervisors who believe in and promote a safe work environment. In addition, employers should train their supervisors in safety management and make it a part of every employee’s performance evaluation.

Supervisors play an essential role in ensuring a company’s efficiency and success. Further, supervisors are also an integral part of workplace safety programs.

Employers who are not incorporating their supervisors within their workers’ compensation programs are missing out on a valuable opportunity. After all, supervisors can help prevent employee injuries and subsequent workers’ compensation claims from occurring by promoting workplace safety programs, as well as support claims in action by assisting employees upon their return to work following an injury.

This guidance outlines ways that supervisors can help proactively limit workers’ compensation claims and keep the claim process running smoothly when an employee comes back to work after getting injured.

Supporting Claims in Action

Although employees typically consult their employer or the HR department for a workers’ compensation claim (depending on how large the company is), supervisors can play an important role in the investigation of a claim and in an injured employee’s experience when they return to work.

Employers should use supervisors to help in the investigation of a workers’ compensation claim. Supervisors understand each employee’s job task and are able to break down the sequence of events enough to understand what the employee was doing or should not have been doing when the injury occurred. Supervisors can be vital to understanding how an injury occurred, what the cause of the injury was and how to mitigate any more issues moving forward.

Supervisors understand the ins and outs of which tasks need to be completed and usually have a good gauge of the abilities required for different job roles. Supervisors can help employers or HR leaders determine adequate transitional tasks for an employee to get them back to work after an injury. In particular, supervisors can be an excellent resource for finding light-duty work for a returning employee.

Supervisors can also help with monitoring employees when they return to work. A supervisor should have daily communication with the returning employee in order to identify any issues that may arise (e.g., instances of pain or discomfort while performing job tasks). From there, these issues can be rectified, preventing returning employee from stepping backward in their recovery process or experiencing new injuries. Having supervisors engage in such monitoring protocols can ensure injured employees properly recover and successfully transition back into their roles, keeping workers’ compensation claims from becoming more severe and—subsequently—expensive.

Another benefit of having supervisors work closely with employees who are returning to work post-injury is that doing so provides such employees with a sense of care from their employer. If supervisors are regularly checking in on their recovering employees to confirm that things are going well, these employees will feel as though their employer is genuinely concerned about their recovery. Happy, supported employees tend to enjoy work and resume their original job roles quicker than those who have negative experiences with workers’ compensation claims.

Overall, having supervisors be involved with company safety programs and supporting employees throughout the return-to-work process are cost-effective ways to reduce workers’ compensation claims and related costs. Supervisors are the eyes and ears of a company and involving them in these areas can only benefit the company—promoting efficient operations, a positive work culture and a successful workers’ compensation program.

Contact us today to discuss all your workers’ compensation needs.

The New York State Department of Financial Services recently approved amendments to the New York Experience Rating Plan Manual, which is written by the New York Compensation Insurance Rating Board—also called the Rating Board. With the approved amendments, the Rating Board is changing the experience modification formulas for New York employers. This means new formulas will be used to calculate employers’ experience modification factors for workers’ compensation insurance.

In addition to using these new formulas, New York state is removing itself from the National Council on Compensation Insurance (NCCI) interstate rating plan. On or after Oct. 1, 2022, New York will work off experience modification formulas that apply only to their state-specific exposures. The Rating Board’s merit rating plan will no longer be used, and the use of current experience modification formulas will be discontinued. This article provides an overview of the changes.

Reasoning Behind the Changes

In 2017, the Rating Board began a multi-year project of analyzing its experience rating program for workers’ compensation insurance. During this review, credits and debits issued under the current experience rating plan were found to be inadequate. This means the credits and debits were insufficient to adjust premiums to an appropriate level for individual risk or incentivize workplace safety. Essentially, risks with good outcomes were not given enough credit, and the risks that had worse outcomes than expected were not given enough debit.

Ideally, a good experience modification rating will account for the risk of loss appropriately; the current formula was not doing so.

The New Plan

As a result of the current program’s inefficiencies, a new experience modification rating plan for New York state is set to begin on or after Oct. 1, 2022. The new plan will aim to incentivize workplace safety appropriately. This plan will also provide larger credits for those risks that have better-than-expected outcomes and larger debits for those whose outcomes are worse than expected.

By providing larger credits and debits, the plan will either decrease or increase or New York companies’ loss ratios, thus impacting their workers’ compensation premiums.

This new plan provides for several new rating methods. Specifically, the new plan includes the following types of methods:

• Split points
• Simplified rating formulas
• Novel claim caps

These different rating methods are intended to provide a more equitable rating. By providing a reasonable system, New York companies will be encouraged to implement and enforce more effective workplace safety programs.

During the first year of the new program, New York employers may use the transitional modification factor. This formula can be used for experience modifications that are effective between Oct. 1, 2022, and Sept. 30, 2023. This formula provides that if the experience modification exceeds the modification that would have been generated by the old formula by more than 30%, an employer’s experience modification will be capped at the modification derived from the old formula in addition to the 30%.

Watch the video with an explanation of the new experience rating formula, its concepts, and a demonstration of how the formula is applied.

Who Is Eligible?

All employers with New York state exposures during the “experience period” are eligible for participation in the experience rating plan. The experience period represents the total amount of past exposure and loss data used in an experience rating during a specified timeframe.

New York employers should become familiar with this new experience modification program. Additional resources regarding the new program can be found on the New York Compensation Insurance Rating Board’s website.

Or call 1 (800) 523-5516

Electronic Reporting Link:
https://www.osha.gov/injuryreporting/index.html

EMPLOYERS WITH 20 OR MORE EMPLOYEES in certain industries employers must also annually file the OSHA 300a through OSHA.gov….

Employers with 20 or more employees per establishment (see definitions below for establishment) and are in OSHA’s list of high-risk industries are required to electronically file their OSHA 300a forms annually.  The high-risk industry list includes construction, manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, waste management services, and other high-risk industries.  A complete list of OSHA’s high-risk industries can be found at this link: HIGH-RISK INDUSTRIES

WHO DOES NOT NEED TO FILE ELECTRONICALLY?

Establishments that meet any of the following criteria DO NOT have to send their information to us. Remember, these criteria apply at the establishment level, not to the firm as a whole.

• The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
• The establishment’s industry is on this list, regardless of the size of the establishment.
• The establishment had peak employment between 20 and 249 employees during the previous calendar year AND the establishment’s industry is NOT on this list.

Deadline: 2021 data must be submitted by March 2, 2022

1- When determining the number of employees what type of employees do I include?

All employees at your establishment need to be included, for example, all part-time, seasonal, clerical, principles, etc.

2- I have over 20 employees and I am in construction, do I need to electronically file with OSHA?

Yes, all construction NAICS codes are included in the high-risk industry list. View high-risk industry list (NAICS code 23 Construction includes all codes that start with 23). 

3- I have 20 or more employees but I am NOT in construction, do I need to electronically file with OSHA?

Manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, and waste management services are considered high-risk industries and are required to file electronically.  A complete list of OSHA’s high-risk industries can be found on this link: high-risk industry list 

4- How do I find my NAICS code?

Use NAICS Keyword Search and enter keywords that describe your operation. 

5- If I have less than 20 employees do any of the OSHA recordkeeping rules apply?

 Yes, all employers are required to report serious injuries by contacting OSHA within 8 hours of a work-related fatality and within 24 hours of work-related in-patient hospitalization, amputation, or loss of eye (see Severe Injury Reporting ).  You may also be required to keep OSHA logs if you have over 10 employees and you are not on the partially exempt list  Watch this OSHA 15 minute video to learn more about how to maintain your OSHA logs. 

6- If I file electronically do I need to keep OSHA logs?

Yes.  Watch this OSHA 15 minute video to learn more. 

7- What year data is being electronically filed by 3/2/2022?

You will be filing your 2021 data

8- When will the 2020 data be due?

2021 data will be due no later than 3/2/2022.  Be sure to file early!

9- If an employee in my establishment is a contractor’s employee, must I record an injury or illness occurring to that employee?

If the contractor’s employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee’s work on a day-to-day basis, you must record the injury or illness.

10- Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased, or contract employees that I supervise on a day-to-day basis?

 No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer’s OSHA 300 Log (if that company provides day-to-day supervision).

11- If I had no losses do I still need to electronically file?

Yes if you fall into the requirement you must still file “0” losses

Additional OSHA electronically filing questions. 

Still need assistance? 

Email: Claims@keevily.com or call 1-800-523-5516. 

Who falls under this regulation?

Employers with 11 or more employees at any time during the prior calendar year unless industry code is listed on the Partial Exempt List.

When?

Work related injury and illness should be logged on the OSHA 300 within 7 days of knowledge

Deadlines: Feb 1, 2022

You will be required to post only the 2021 Summary 300a form from Feb 1, 2022 through April 30, 2022 in an area visible to employees.

Forms Required:

Employers that are required to maintain Injury and Illness records will need three forms:

• the Log of Work-Related Injuries and Illnesses (OSHA Form 300),
• the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and
• the Injury and Illness Incident  Report (OSHA Form 301 or Workers Comp First Report of Injury C2/eFroi).

Instructions:

Watch this 15 min video for a tutorial on completing the Recordkeeping Forms.

Things to Consider:

What type of Injuries or Illnesses are NOT recordable:

• Employee presented as a member of the general public
• Symptoms arising in work environment that are solely due to non-work-related event or exposure, (regardless of where signs or symptoms surface). A case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.
• Voluntary participation in a wellness program, medical, fitness or recreational activity
• Eating, drinking or preparing food or drink for personal consumption
• Personal tasks outside assigned working hours
• Personal grooming, self medication for non-work-related condition, or intentionally self-inflicted
• Common cold or flu
• Mental illness, unless employee voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness
• Visits to a licensed physician solely for observation or counseling
• Diagnostic procedures including x-rays, MRIs, CT scans
• If the incident involves no lost time and the treatment received does not got beyond the following First Aid List
  • Using nonprescription medication at nonprescription strength
  • Tetanus immunizations
  • Cleaning, flushing, or soaking surface wounds
  • Wound coverings, butterfly bandages, Steri-Strips
  • Hot or cold therapy
  • Non-rigid means of support
  • Temporary immobilization device used to transport accident victims
  • Drilling of fingernail or toenail, draining fluid from blister
  • Eye patches
  • Removing foreign bodies from eye using irrigation or cotton swab
  • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
  • Finger guards
  • Massages
  • Drinking fluids for relief of heat stress

Special Consideration:

• Recording workplace exposures to COVID-19

OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log (29 CFR Part 1904).

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are true:

1. The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
2. The case is work-related (as defined by 29 CFR 1904.5); and
3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

Employers should follow the OSHA enforcement guidance found in the Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19).

Visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements page for more information.

• Travel:

1. An injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employer, otherwise it is not recordable.
2. Detour for personal reasons is not work-related

• Work from Home:

Injuries and illnesses that occur while an employee is working at home are work-related if they:

1. Occur while the employee is performing work for pay or compensation in the home, and
2. Are directly related to the performance of work rather than the general home environment

Day counts (days away or days restricted)                  

• • Do not count day of injury/illness
  • Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.)
  • Cap day count at 180 days away and/or days restricted
  • May stop day count if employee leaves company for a reason unrelated to the injury or illness
  • If a medical opinion exists, employer must follow that opinion
  • Logs are to be completed within 7 days of the injury/illness

Incident Rate Calculation –          Total number of injuries & illnesses multiplied by 200,000

divided by number of hours worked by all employees = total recordable case rate

Online Calculator

For more info please visit OSHA.gov or call your Keevily Team.

Consideration for First Aid / Self-Pay Claims

“First Aid” claims are sometimes called “self-pay” claims, as the employer can choose to pay the claim instead of reporting it.  Employers have the option to pay the medical bill out of pocket IF the employee did not physically lose time from work beyond the work shift in which the accident occurred and received no more than 2 medical treatments. The injury should not result in permanency (for example facial scars or injuries involving bones, ligament, or tendon injuries).  Some other points to consider:

• First aid is not intended for soft tissue injuries such as a neck, back, hip and joint injuries. Example of first aid claims includes lacerations, foreign body in the eye, nail bed injuries, etc.
• If you have any questions if the injury is work related, do not pay it as first aid.  Report the claim timely so an investigation can be completed and a denial filed timely if it’s warranted.
• If the claim goes beyond first aid you must advise us immediately otherwise we may be subjected to penalties.
• Employers are required to keep a record of all injuries, including first aid, for 18 years. Please complete a first aid form and forward it to our office for documentation purposes only.
• Advise the medical provider to bill you directly.
• Medical bills would be paid per the NY Workers Comp Medical Fee Schedule.  When the bill is received it can be forwarded to our office to audit the bill. 

The benefits of first aid / self-pay are that the claim is kept out of your loss history and Experience Modification Rating (EMR) but it is important that you only self-pay claims that are allowed as First Aid claims under the Law.  Self-paying incorrect claims can end up increasing the cost of the claim substantially. 

Your Keevily Claims Team is available to guide you with a self-pay claim, please call us at 1-800-523-5516.