imolinari@keevily.com

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!

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 1^st through April 30^th 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.

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. 

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.

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.

Have you tried our Premium Audit Secure Document Upload yet? The system allows you to upload audit-related documents to NYSIF in lieu of an on-site audit visit. Our short video shows how easy it is to upload your documents. When it’s time for an audit, don’t forget about our Premium Audit Scheduling System, which allows you to schedule an initial audit or reschedule an existing appointment to a date, time and place of your choice.