Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave

IR-2020-57, March 20, 2020

WASHINGTON — Today the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act), signed by President Trump on March 18, 2020.

The Act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees funds to provide employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.

Key Takeaways

  • Paid Sick Leave for Workers For COVID-19 related reasons, employees receive up to 80 hours of paid sick leave and expanded paid child care leave when employees’ children’s schools are closed or child care providers are unavailable.
  • Complete Coverage Employers receive 100% reimbursement for paid leave pursuant to the Act.
    • Health insurance costs are also included in the credit.
    • Employers face no payroll tax liability.
    • Self-employed individuals receive an equivalent credit.
  • Fast Funds Reimbursement will be quick and easy to obtain.
    • An immediate dollar-for-dollar tax offset against payroll taxes will be provided
    • Where a refund is owed, the IRS will send the refund as quickly as possible.
  • Small Business Protection

Employers with fewer than 50 employees are eligible for an exemption from the requirements to provide leave to care for a child whose school is closed, or child care is unavailable in cases where the viability of the business is threatened.

  • Easing Compliance
    • Requirements subject to 30-day non-enforcement period for good faith compliance efforts.

To take immediate advantage of the paid leave credits, businesses can retain and access funds that they would otherwise pay to the IRS in payroll taxes. If those amounts are not sufficient to cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a streamlined claim form that will be released next week.

Background

The Act provided paid sick leave and expanded family and medical leave for COVID-19 related reasons and created the refundable paid sick leave credit and the paid child care leave credit for eligible employers. Eligible employers are businesses and tax-exempt organizations with fewer than 500 employees that are required to provide emergency paid sick leave and emergency paid family and medical leave under the Act. Eligible employers will be able to claim these credits based on qualifying leave they provide between the effective date and December 31, 2020. Equivalent credits are available to self-employed individuals based on similar circumstances.

Paid Leave

The Act provides that employees of eligible employers can receive two weeks (up to 80 hours) of paid sick leave at 100% of the employee’s pay where the employee is unable to work because the employee is quarantined, and/or experiencing COVID-19 symptoms, and seeking a medical diagnosis. An employee who is unable to work because of a need to care for an individual subject to quarantine, to care for a child whose school is closed or child care provider is unavailable for reasons related to COVID-19, and/or the employee is experiencing substantially similar conditions as specified by the U.S. Department of Health and Human Services can receive two weeks (up to 80 hours) of paid sick leave at 2/3 the employee’s pay. An employee who is unable to work due to a need to care for a child whose school is closed, or child care provider is unavailable for reasons related to COVID-19, may in some instances receive up to an additional ten weeks of expanded paid family and medical leave at 2/3 the employee’s pay.

Paid Sick Leave Credit

For an employee who is unable to work because of Coronavirus quarantine or self-quarantine or has Coronavirus symptoms and is seeking a medical diagnosis, eligible employers may receive a refundable sick leave credit for sick leave at the employee’s regular rate of pay, up to $511 per day and $5,110 in the aggregate, for a total of 10 days.

For an employee who is caring for someone with Coronavirus, or is caring for a child because the child’s school or child care facility is closed, or the child care provider is unavailable due to the Coronavirus, eligible employers may claim a credit for two-thirds of the employee’s regular rate of pay, up to $200 per day and $2,000 in the aggregate, for up to 10 days. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for the eligible employee during the leave period.

Child Care Leave Credit

In addition to the sick leave credit, for an employee who is unable to work because of a need to care for a child whose school or child care facility is closed or whose child care provider is unavailable due to the Coronavirus, eligible employers may receive a refundable child care leave credit. This credit is equal to two-thirds of the employee’s regular pay, capped at $200 per day or $10,000 in the aggregate. Up to 10 weeks of qualifying leave can be counted towards the child care leave credit. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for the eligible employee during the leave period.

Prompt Payment for the Cost of Providing Leave

When employers pay their employees, they are required to withhold from their employees’ paychecks federal income taxes and the employees’ share of Social Security and Medicare taxes. The employers then are required to deposit these federal taxes, along with their share of Social Security and Medicare taxes, with the IRS and file quarterly payroll tax returns (Form 941 series) with the IRS.

Under guidance that will be released next week, eligible employers who pay qualifying sick or child care leave will be able to retain an amount of the payroll taxes equal to the amount of qualifying sick and child care leave that they paid, rather than deposit them with the IRS.

The payroll taxes that are available for retention include withheld federal income taxes, the employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes with respect to all employees.

If there are not sufficient payroll taxes to cover the cost of qualified sick and child care leave paid, employers will be able file a request for an accelerated payment from the IRS. The IRS expects to process these requests in two weeks or less. The details of this new, expedited procedure will be announced next week.

Examples

If an eligible employer paid $5,000 in sick leave and is otherwise required to deposit $8,000 in payroll taxes, including taxes withheld from all its employees, the employer could use up to $5,000 of the $8,000 of taxes it was going to deposit for making qualified leave payments. The employer would only be required under the law to deposit the remaining $3,000 on its next regular deposit date.

If an eligible employer paid $10,000 in sick leave and was required to deposit $8,000 in taxes, the employer could use the entire $8,000 of taxes in order to make qualified leave payments and file a request for an accelerated credit for the remaining $2,000.

Equivalent child care leave and sick leave credit amounts are available to self-employed individuals under similar circumstances. These credits will be claimed on their income tax return and will reduce estimated tax payments.

Small Business Exemption

Small businesses with fewer than 50 employees will be eligible for an exemption from the leave requirements relating to school closings or child care unavailability where the requirements would jeopardize the ability of the business to continue. The exemption will be available on the basis of simple and clear criteria that make it available in circumstances involving jeopardy to the viability of an employer’s business as a going concern. Labor will provide emergency guidance and rulemaking to clearly articulate this standard.

Non-Enforcement Period

Labor will be issuing a temporary non-enforcement policy that provides a period of time for employers to come into compliance with the Act. Under this policy, Labor will not bring an enforcement action against any employer for violations of the Act so long as the employer has acted reasonably and in good faith to comply with the Act. Labor will instead focus on compliance assistance during the 30-day period.

For More Information

For more information about these credits and other relief, visit Coronavirus Tax Relief on IRS.gov. Information regarding the process to receive an advance payment of the credit will be posted next week.        

Information from IRS.gov

New Coronavirus Relief Laws Require Paid Employee Leave

As part of sweeping legislation signed into law by President Trump on March 18, 2020, two laws were enacted that provide workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic. One of the new leave provisions, the “Emergency Family and Medical Leave Expansion Act,” allows 12 weeks of partially compensated FMLA leave to care for a child whose school or child care facility has been closed due to COVID-19. The leave applies only to workers who have been employed by their current employer for 30 days.

The other new law providing employee leave, the “Emergency Paid Sick Leave Act,” requires employers to provide 80 hours of paid sick time to employees in specified circumstances, including:

– A quarantine or isolation order for the employee or someone the employee is caring for, or medical advice to self-quarantine;
– When the employee has symptoms of COVID-19; or
– When the employee’s child’s school or child care facility is closed.

Employers with 500 employees or more are exempt from the laws, and employers may exclude employees who are health care providers and emergency responders. The legislation also allows for future regulations exempting businesses with fewer than 50 employees from providing leave for child care reasons if the leave would jeopardize the viability of the business.
The laws take effect within 15 days of passage; the leave benefits will expire on Dec. 31, 2020.
In response to the coronavirus (COVID-19) pandemic, Congress enacted a bill providing various forms of relief, including two separate laws mandating that employers give employees paid leave for specified purposes related to COVID-19. The two leave laws are the “Emergency Family and Medical Leave Expansion Act,” and the “Emergency Paid Sick Leave Act.” The leave mandates take effect no later than 15 days after passage (April 2, 2020) and sunset on Dec. 31, 2020.

The Emergency Family and Medical Leave Expansion Act

In general, the Emergency Family and Medical Leave Expansion Act amends the federal Family and Medical Leave Act (FMLA) to allow employees to take leave for certain child care purposes related to COVID-19. It requires employers to partially compensate that leave after the first 10 days.


Covered Employers
The expanded FMLA requirements apply to private employers with fewer than500 employees, and all government employers. Thus, small employers that are not subject to the FMLA’s regular leave provisions are subject to the new FMLA leave rules that allow employees to take leave for specified child care purposes related to COVID-19.
The law allows for future regulations to exempt businesses with fewer than 50 employees if the leave would jeopardize the viability of the business. The law states that employers with fewer than 50 employees will not be subject to civil damages in an employee action brought under the FMLA for violation of the new provisions.


Covered Employees
All employees who have worked for their current employer for 30 calendar days are eligible for the new FMLA leave; however, employers are permitted to deny leave to employees who are health care providers or emergency responders.


Using Leave
Eligible employees of covered employers may take up to 12 weeks of FMLA leave if they are unable to work (or telework) because they must care for a son or daughter under 18 years of age. The need for leave must be caused by the closing of the child’s elementary or high school or place of care, or the unavailability of the child’s child care provider, due to a declared COVID-19 public health emergency.
“Child care provider” means a provider who receives compensation for providing child care services on a regular basis.
Where the need for leave is foreseeable, employees should provide their employers with as much notice of leave as is practicable.


Compensation
Employers are not required to pay employees for the first 10 days of the new FMLA leave, but employees may substitute any accrued vacation leave, personal leave, or medical or sick leave for this unpaid leave. Thereafter, the employer must compensate FMLA leave taken under the new provision at a rate of at least two-thirds of the employee’s regular rate of pay, based on the number of hours the employee would otherwise normally be scheduled to work, up to a maximum of $200 per day, or $10,000 total
Special calculation rules apply for employees with variable schedules. Special rules apply to multi-employer collective bargaining agreements.


Job Protection
While FMLA leave is usually job-protected, meaning employees who take leave must be restored to their position (or an equivalent) when they return to work, the new law provides a limited exception to this requirement. Employers with fewer than 25 employees are not subject to the job restoration requirement, if:
The employee took FMLA leave under the new COVID-19 expansion of the law;

  • The employee’s position no longer exists due to economic conditions or changes in operating conditions of the employer that affect employment and are caused by a public health emergency;
  • The employer makes reasonable efforts to restore the employee to an equivalent position; and
  • If these efforts fail, the employer makes reasonable efforts to contact the employee if an equivalent position becomes available. The contact period is for one year, beginning on the earlier of: 1- The date on which the employee’s need for leave ends 2- Twelve weeks after the employee’s leave begins


Tax Credit
Employers are entitled to a credit against the tax imposed by section 3111(a) or 3221(a) of the IRS Code for each calendar quarter of an amount equal to 100% of qualified sick leave wages paid. Tax credits are also available for self-employed people.

Emergency Paid Sick Leave Act

The second law passed providing paid employee leave in relation to the coronavirus is the Emergency Paid Sick Leave Act.


Covered Employers
The paid sick leave law applies to all private employers with fewer than 500 employees, and all government employers.


Covered Employees
All employees are covered, regardless of the length of their employment with their current employer. However, employers may choose not to provide paid sick leave to employees who are health care providers or emergency responders.


Using Paid Sick Leave
All full-time employees, regardless of the length of time they have worked for their employer, are entitled to 80 hours of paid sick time, available for immediate use. Part-time employees are entitled to an amount of paid sick time equal to the average number of hours they work over a two-week period.
Paid sick time may be taken when the employee:

  1. Is subject to a federal, state or local quarantine or isolation order related to COVID-19
  2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19
  3. Is experiencing symptoms of COVID-19 and is seeking a medical diagnosis
  4. Is caring for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19, or who has been advised by a health care provider to self-quarantine
  5. Is caring for his or her child if the child’s school or place of care has closed, or the child’s care provider is unavailable, because of COVID-19 precautions.
  6. Is experiencing another substantially similar condition specified by the Secretary of Health and Human Services (HHS).

  Employers may not require employees to use other paid leave before using paid leave under the new law. The law allows for future regulations exempting businesses with fewer than 50 employees from providing leave for reason 5, above.
An employer may require the employee to follow reasonable notice procedures after taking leave the first time.


Compensation Under the new paid sick leave law, employers must pay employees their regular rate of pay if the employee is taking leave for a reason related to their own symptoms of, or exposure to, COVID-19. Employees who are taking leave to care for family members are only entitled to be paid at two-thirds of their regular rate. Daily and total maximum limits apply, as set forth in the compensation table below.

Employer Notice Requirements
The Department of Labor is charged with making a required employer notice available within one week of the law’s passage. Employers must post the notice in conspicuous places on their premises, where notices to employees are customarily posted.


Enforcement
Employers who violate the new paid sick leave law will be subject to penalties under the federal Fair Labor Standards Act.


Tax Credit Employers are entitled to a credit against the tax imposed by section 3111(a) or 3221(a) of the IRS Code for each calendar quarter, of an amount equal to 100% of qualified sick leave wages paid. Tax credits are also available for the self-employed.

Paid Family Leave

Commitment to our customers through COVID-19

Dear Valued Keevily Client: As the outbreak of the Coronavirus (COVID-19) expands in Metro New York and across the country, Keevily is taking critical steps to protect the health of our employees and their families, as well as to protect business continuity. We will continue to monitor local government and CDC bulletins for updated guidance.

Effective March 16, 2020, Keevily moved to a partial remotely operated environment. Our office at 500 Mamaroneck Ave will remain open, however, our employees will have the option to work remotely at their discretion using virtual capabilities. We will continue taking steps to keep our office environment clean and sanitized including the use of electrostatic disinfection spraying on a regular basis.

What does this mean to you? All of your key service team contacts remain available via phone and email. Our phone system remains operational and will either be manned by a receptionist or via automated attendant where you can dial your party by name. If you are unable to reach the individual you wish to speak with and get their voicemail, please leave a voicemail message and a staff member will call you back. Voicemail messages will be automatically forwarded to the respective staff member’s email for redundancy purposes. You may continue to call our main line at (914) 381-5511, or direct dial (Click here for contact list).

On occasion, there may be a slight delay in response time based on individual situations and based on the speed and efficiencies throughout the supply chain (which includes underwriters and insurance carrier personnel), but client service is critical and we will continue to support our clients with best-in-class service while protecting the health and well-being of our employees. 

As always, our claims staff stands ready to assist our clients. Additionally, please feel free to utilize information posted on our website www.keevily.com, and for a list of Insurance Carrier Claims and Billing contact information.

Finally, until further notice and for the health and well-being of our employees, only Keevily employees will b e permitted to enter our offices and we will eliminate non-essential third-party access. Please continue communicating with us via email and phone, as you are accustomed.

Again, we will continue to provide additional communication if and when there are any changes to our service deliverables. Thank you for your patience as we work through this unprecedented event together. 
We hope you and your families stay safe and healthy.   Sincerely, 
Tom McEvily
President
(914) 412-0503
Ken Kaufman
  CEO
(914) 412-0500
Mike McEvily
Treasurer
(914) 412-0504

Virtual Hearings are now available statewide

Governor Cuomo has temporarily closed some Workers Compensation Boardhearing points, ho wever hearings will continue to be held remotely by using the Board’s Virtual Hearing service.  

To learn more please visit 

www.wcb.ny.gov/virtual-hearings 

If you have an upcoming testimony and need assistance setting up your virtual hearing please contact you Keevily Claim’s team

Virtual Hearings allow you and other participants to attend hearings online. Participants will no longer have to travel to a hearing site to attend their hearing. Virtual hearings are available at all Board locations.
Most Workers’ Compensation claims may be attended virtually. Detailed instructions are included in your hearing notice.

A Virtual Hearing (WCB VHC) mobile app is available for Apple and Android devices! Donwload it now!

BEFORE YOUR VIRTUAL HEARING

Test Your  Computer or  Mobile Device
webex.com/test-meeting
Meet All System  Requirements
wcb.ny.gov/virtual-hearings
Disable/Delay  Sleep Standby  Mode
Screen Must Stay On!
Be sure to test your system at least 48 hours  prior to your hearing.
Call your Keevily team if you have any questions 1-800-523-5516
www.KeevilyWorkComp.com

OSHA Injury and Illness Record Keeping

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, 2020

You will be required to post only the 2019 Summary 300a form from Feb 1st through April 30th 2020.

 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 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 scan
  • If no lost time and treatment is not beyond 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:

Travel:

  • 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
  • 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:

  • occur while the employee is performing work for pay or compensation in the home, and
  • 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.

OSHA 30-HOUR CONSTRUCTION SAFETY

Nov 19th, 20th, 21st & 22nd
This course meets the training requirements of New York State Labor Law 220-h. This regulation requires all laborers, workers, and mechanics, working on construction, reconstruction, maintenance and/or repair of public work, where the total cost of all work to be performed under the contract is at least two hundred fifty thousand dollars, must have successfully completed one of these courses. This includes the contractor and all subcontractors. This course also meets the training requirements of New York City Department of Buildings Local Law 41 of 2008. This regulation requires all workers on a major building project must have taken this course in the last 5 years (However, for NYC you would not need to take this course every 5 years you could take the 10-hour construction course)
This course covers OSHA policies, procedures, and standards, as well as construction industry safety and health principles. Upon successful course completion, the student will receive an OSHA construction industry safety and health 30-hour course completion card mailed from OSHA. The 30-hour course is four days of training.

Where:

Conference Room
6800 Jericho Turnpike

Syosset, NY

When: 
Nov 19th, 20th, 21st & 22nd
8:00AM to 4:30PM
(all four days must be attended)
Cost: 
Safety Group Member: $150
Non-Member: $450
Click here to register for the 30 hour class

NYSIF Safety Group Electronic OSHA Filing

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 www.OSHA.gov Injury Tracking Application.

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 OHSA’s high risk industries can be found at this link: HIGH RISK INDUSTRIES

Deadline: 2019 data must be submitted by March 2, 2020. Collection will begin January 2, 2020.   

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

All employees in 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 a 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 howto maintain your OSHA logs. 

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

Yes.  Watch this OSHA 15 minute videoto learn more. 

7- What year data is being electronically filed by 3/2/2020?

You will be filing your 2019 data

8- When will the 2019 data be due?

2019 data will be due no later than 3/2/2020.  OSHA’s Injury Tracking Application will start accepting data on January 2, 2020. 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

HOUSEKEEPING PRACTICES TO CONTROL SILICA DUST

Dust created when working with crystalline silica contains harmful particles. And, while respirable crystalline silica looks like dust, it’s much more harmful to workers’ lungs. In fact, silica dust is a carcinogen, and breathing it in causes the formation of scar tissue, reducing the lungs’ ability to take in oxygen.

Together, these facts outline the importance of adhering to safe work procedures related to respirable crystalline silica. Among these procedures, the Occupational Safety and Health Administration (OSHA) has a number of requirements employers must follow to reduce illnesses and injuries related to respirable crystalline silica.

While it’s important to reduce the occurrence of silica dust at job sites, there are specific cleaning precautions that must be taken when it is created, including:

  • Avoid dry brushing or dry sweeping whenever possible. The use of dry sweeping and dry brushing can cause respirable crystalline silica dust to go airborne, increasing inhalation risks for workers. In general, dry brushing and dry sweeping should only be used when wet sweeping and high-efficiency particulate air (HEPA)-filtered vacuuming are not feasible.
  • Avoid cleaning surfaces or clothing with compressed air. Similar to dry sweeping and brushing, the use of compressed air can cause respirable crystalline silica to plume and create inhalation risks. However, workers may use compressed air alongside a ventilation system that captures the dust cloud or if no other cleaning method is feasible.

Wet sweeping and the use of HEPA-filtered vacuums are preferred, as they typically don’t increase silica risks for workers. HEPA vacuums are particularly useful, as they can be 99.97% efficient in removing mono-dispersed particles of 0.3 micrometers in diameter—significantly reducing inhalation risks. There may be instances where wet sweeping and HEPA-filtered vacuums could be ineffective, cause damage or create a hazard in the workplace. In such rare situations, those cleaning methods are not required.

Common Exposures: HVAC Businesses

Most homes and businesses are outfitted with heating, ventilation and air conditioning (HVAC) systems—systems that require the care of specialized technicians for service. As an HVAC contractor, you are tasked with managing a variety of risks every time you perform maintenance or an installation on behalf of your clients.
Just one incident involving the use of electrical equipment, worker injury or property damage can lead to costs for your business. What’s more, exposures related to equipment breakdown, crime and environmental liability are prevalent for HVAC contractors, compounding risks for your business. The list below provides an overview of these risks and more—helping you identify potential blind spots in your risk management and insurance programs.

Automobile exposures

Because HVAC contractors usually own a fleet of vehicles and employees travel to and from job sites on a frequent basis, automobile exposures can be significant. Specifically, any time a contractor transports tools or visits a client, the risk for accidents increases. And, just one accident can be extremely costly for your business, as expenses related to vehicle repairs and bodily injuries can add up quickly. What’s more, if employees use their own vehicle for work, standard commercial auto policies are often not enough.

Property

Property—including your tools, equipment, supplies, signage and similar items—plays a key role for your organization. And, in the event of a loss caused by fires, theft or vandalism, your business can suffer major financial consequences. Exposures can come from malfunctioning electrical equipment, flammable materials, weather and natural disasters. What’s more, a single incident can affect multiple aspects of your property, compounding costs and downtime for your business.

Equipment breakdown

HVAC contractors depend on a variety of different equipment to complete work on commercial or residential property, potentially creating significant equipment breakdown exposures as a result.
Contractors have very specific tools when it comes to installing and repairing HVAC systems, and any losses or breakdowns can lead to business interruptions, costly repairs or even lost contracts.

Completed operations coverage

Once a job has been completed, HVAC contractors can be held liable if their work product causes bodily injury or property damage. While claims of smaller problems can often be resolved with a repair, larger
issues may result in legal action. For instance, should heating and cooling systems be installed improperly, they could leak or catch fire, causing significant damage to a client’s home. Completed operations coverage can help protect a contractor should these kinds of claims arise.

Inland marine exposures

HVAC contractors regularly transport equipment, tools and supplies to and from worksites. As such, any property that’s unique or valuable, in transit, in your temporary care, stored at fixed (but movable) locations or used to transfer information represents inland marine exposures. Materials and tools can be damaged in transit from shifting loads or traffic collisions; at the worksite from collision, being dropped or poor weather conditions; or lost from theft, potentially creating costly losses.

Crime exposures

HVAC contractors face several crime exposures, particularly if valuable equipment or tools are used at the worksite, which may attract thieves or vandals. Thieves (including your employees) can rob an office or worksite at any time, targeting cash or valuable supplies. What’s more, with worksite locations changing on a regular basis, the level of risk a contractor faces is in constant flux.

Environmental liabilities

Because HVAC contractors store and handle refrigerants and other volatile chemicals as part of their business, environmental liabilities can be substantial. If disposed of improperly or following an accidental spill, these materials can create pollution, which can lead to insurance claims or even regulatory fines. Environmental incidents are particularly concerning because they can cause harm to the surrounding community, involve costly cleanup and often cause damage to a business’s reputation.

Workers’ compensation

Any time one of your employees is injured on the job, your organization could be subjected to a workers’ compensation claim. Common sources of on-the-job accidents for HVAC contractors include cuts, scrapes, burns from hot equipment, respiratory Illnesses from inhaling insulation and
musculoskeletal injuries caused by repetitive tasks, twisting, lifting, sprains and strains. Normal, everyday tasks related to working under sinks or carrying equipment can lead to accidents and, in turn, increased costs for your business.

For More Information

While the proper risk management practices can reduce certain exposures, no system is 100% effective in ensuring an incident-free workplace. As a result, it’s all the more crucial to work with a qualified insurance broker to not only assess you exposures, but secure the appropriate coverage as well. To learn more, contact Keevily Spero Whitelaw Inc. today.