What are Safety Groups?

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. 

OUR SAFETY GROUPS

SAFETY GROUP 82 / The Apparel lndustry of NY State
35% Upfront Discount + 45% Back end Dividend Payouts continue

SAFETY GROUP 309 / Sanitation & Recycling Industries of NY State
35% Upfront Discount + 20% Back end Dividend Payouts continue

SAFETY GROUP 455 / Plumbing Industries of NY State
35% Upfront Discount + 20% Back end Dividend Payouts continue

SAFETY GROUP 489 / Electrical Industries of New York State
35% Upfront Discount + 20% Back end Dividend Payouts continue

SAFETY GROUP 588 / Motor Truck Association of NY State
35% Upfront Discount + 20% Back end Dividend Payouts continue

Keevily Team

To help policyholders recover from the COVID-19 business shutdown, NYSIF is waiving interest on audit balances through August 31, 2021.

Waving interest over the next year is the next phase of NYSIF’s COVID-19 Financial Relief Program. While we resumed our routine billing and cancellation procedures with your September bill, our relief program has gone well beyond the industry standard that suppressed cancellations for 60 days.

Our temporary suspension of policy cancellations due to COVID-19 ended on August 31, 2020. But we are still urging policyholders who experienced any changes in payroll between mid-March and the end of August to let us know so we can adjust your premium accordingly. Please go to Get Policy Help at nysif.com to find the policy representative dedicated to working on your behalf.

If you experience ongoing financial difficulties, please reach out to us and together we’ll work on a plan to help you avoid cancellation.

Keevily Team

Get the Credit You Deserve!

As you continue to get back to business, the NYSIF is here to help you do it safely – and save you money along the way. Their Personal Protective Equipment (PPE) Premium Credit Program rewards customers like you with a one-time credit up to 5% of your annual premium (capped at $500) for the purchase of safety equipment and materials.

Please contact your Keevily representative to discuss your options. 

Click and find our contact information

For more information please watch the short video below

New York State Insurance Fund (NYSIF) will be resuming routine billing and cancellation procedures with your September bill.  NYSIF’s COVID-19 Financial Relief Program provided policyholders assistance amid historically difficult business conditions. They went well beyond the industry standard of 60 days suppression of cancellations. Their relief program included the following: 

• Suppressing policy cancellations from mid-March through August
• Adjusting premium and payments schedules to reflect current business descriptions
• Waiving all interest charges, installments fees and late fees for this period

 As businesses recover amid phased-in reopening of the NY economy, the temporary suspension of policy cancellation due to COVID-19 will end on August 31, 2020. If you have been making your normal payments, this will not affect you and you should continue to do so. On the September statement any unpaid amount due from your last statement, as well as any remaining audit balance, will appear on the back of your statement as “Deferred Premium.” This Deferred Premium will be payable in equal monthly installments over a 12-month period. Any other premium that does not qualify for this special arrangement will be payable according to the policy billing and endorsement. 

If you have not already done so, it is extremely important that you contact your Keevily representative to let us know whether you experienced any changes in payroll between mid-March and September, so that we can have the NYSIF adjust your premium accordingly.   

We hope the NYSIF’s relief program made a difference during this difficult time. If you continue to experience ongoing financial difficulties, please reach out to us and we will work together with the NYSIF on a plan to help you avoid cancellation and any lapse in coverage as your business continues to recovers. Please find our contact information by clicking here Contact List.

The New York State Insurance Fund (NYSIF) has introduced AutoPay, which allows Workers’ Comp and disability benefits policyholders to sign up for automatic, recurring, monthly payments at nysif.com. AutoPay is simply the easiest and most convenient way to pay your NYSIF premium.

They heard from customers who asked for an automatic payment option and we are happy to bring you this new service, giving policyholders one less task to complete and one less due date to remember each month.
AutoPay offers multiple payment options: Policyholders can pay with a checking account, savings account, debit card or major credit card via our electronic payment vendor.

AutoPay requires a NYSIF online account. Creating an online account is fast and easy. Once you create your account and enroll in AutoPay, monthly, automatic payments will begin with your next billing statement. NYSIF will send you an email notification immediately after payment is confirmed and automatically before each scheduled payment. 

Please contact your Keevily representative to discuss your options. You can find our contact information by clicking here: Contact List.

High-profile cyber attacks on large companies have raised awareness of the growing threat of cyber crime. Recent surveys conducted by the Small Business Authority, Symantec, Kaspersky Lab and the National Cybersecurity Alliance suggest that many small business owners are still operating under a false sense of cyber security.

The statistics of these studies are grim; the vast majority of U.S. small businesses lack a formal internet security policy for employees, and only about half have even rudimentary cyber security measures in place. Furthermore, only about a quarter of small business owners have had an outside party test their computer systems to ensure they are hacker proof, and nearly 40% do not have their data backed up in more than one location.

Don’t Equate Small with Safe

Despite significant cyber security exposures, 85% of small business owners believe their company is safe from hackers, viruses, malware or a data breach. This disconnect is largely due to the widespread, albeit mistaken, belief that small businesses are unlikely targets for cyber attacks.

In reality, data thieves are simply looking for the path of least resistance. Symantec’s study found that 43% of attacks are against organizations with fewer than 250 employees.

Outside sources like hackers aren’t the only way your company can be attacked—often, smaller companies have a family-like atmosphere and put too much trust in their employees. This can lead to complacency, which is exactly what a disgruntled or recently fired employee needs to execute an attack on the business.

Attacks Could Destroy Your Business

As large companies continue to get serious about data security, small businesses are becoming increasingly attractive targets—and the results are often devastating for small business owners.

According to a recent study by the Ponemon Institute, the average annual cost of cyber attacks for small and medium-sized businesses is over $2 million. Most small businesses don’t have that kind of money lying around, and as a result, nearly 60% of small businesses victimized by a cyber attack close permanently within six months of the attack. Many of these businesses put off making necessary improvements to their cyber security protocols until it was too late because they feared the costs would be prohibitive.

10 Ways to Prevent Cyber Attacks

Even if you don’t currently have the resources to bring in an outside expert to test your computer systems and make security recommendations, there are simple, economical steps you can take to reduce your risk of falling victim to a costly cyber attack:

1. Train employees in cyber security principles.
2. Install, use and regularly update antivirus and antispyware software on every computer used in your business.
3. Use a firewall for your internet connection.
4. Download and install software updates for your operating systems and applications as they become available.
5. Make backup copies of important business data and information.
6. Control physical access to your computers and network components.
7. Secure your Wi-Fi networks. If you have a Wi-Fi network for your workplace make sure it is secure and hidden.
8. Require individual user accounts for each employee.
9. Limit employee access to data and information, and limit authority to install software.
10. Regularly change passwords.

In addition to the listed tips, the Federal Communications Commission (FCC) provides a tool for small businesses that can create and save a custom cyber security plan for your company, choosing from a menu of expert advice to address your specific business needs and concerns. It can be found at www.fcc.gov/cyberplanner.

Your Emerging Technology Partner

A data breach could cripple your small business, costing you thousands or millions of dollars in lost sales and/or damages. We have the tools necessary to ensure you have the proper coverage to protect your company against losses from cyber attacks. Contact an Acrisure Agency Partner for additional cyber risk management guidance and insurance solutions.

Contact Us

Due to the continuous changes in the new regulations and policies issued by government agencies on both the state and federal level related to the  COVID-19 pandemic, Keevily has made a compilation with information, links, and webinars organized by topics that we consider an essential resource for your company. These official links will be updated daily. We know that, like us, you are receiving hundreds of emails with information related to this situation. Instead of overloading our clients with regular emails, we think it is best to make available these official links, webinars and additional information that you can turn to in search of accurate and up-to-date information.

Your Keevily team remains operating at 100% capacity as we made the necessary accommodations for our employees to work remotely and continue providing the service you deserve.  We hope that you find this information a helpful resource.  Please do not hesitate to contact us with any questions. 

Covid-19 – Important links

Restarting your business

CDC (Centers for Disease Control and Prevention) Reopening Guidance: https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html
United States Government Plan: https://www.whitehouse.gov/openingamerica/
Industry Specific Resources: https://www.backtoworksafely.org/

About the disease

Government Response to Coronavirus, COVID-19: https://www.usa.gov/coronavirus

New York State Department of Health has established a website and telephone number that provide the latest, most comprehensive information about the State’s response to the virus.

NYS DOH Coronavirus Hotline:     1-888-364-3065 (fully language accessible)
NYS DOH Coronavirus Website:    https://coronavirus.health.ny.gov/home

Other Helpful Resources:

The U.S. Chamber of Commerce: https://www.uschamber.com/coronavirus
Small Business Administration: https://www.sba.gov/
Centers for Disease Control and Prevention https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html
NYS Department of Labor: https://www.labor.ny.gov/home/
NYS Department of Financial Services: https://www.dfs.ny.gov/

NYS Information

Re-opening NYS: Construction guidelines for Employers and Employees. Mandatory and Recommended Best Practices
ESD CONSTRUCTION STAGING GUIDANCE: https://esd.ny.gov/guidance-executive-order-2026

Return to work plan by Industry (you need to be member of our Safety Groups to access this information:
Guide to Creating a Return to Work Action Plan
Coronavirus Action Plan – General Industries
Coronavirus Action Plan – Retail
Coronavirus Action Plan – Manufacturing
Coronavirus Action Plan – Construction

5-28-2020 New York State Loan Program Open 
The application process for New York State’s ‘New York Forward Loan Program’ of $100 million to provide affordable and flexible loans to small businesses that did not receive federal aid is now open. The program will focus on women and minority owned businesses and be limited to businesses with 20 or fewer employees and with gross revenues of less than $3 million. CLICK HERE

NYS Workers Compensation Board
Stakeholder Briefing Now Available: WCB COVID-19 Outbreak Response
The New York State Workers’ Compensation Board has created a briefing to inform stakeholders about the Board’s actions in response to the COVID-19 outbreak. The briefing provides a summary of the actions the Board has taken to date, with links to more detailed information.
Please see NYS Workers’ Compensation Board COVID-19 Outbreak Response.

• NYS Department of Labor: https://www.labor.ny.gov/home/
• NYS Department of Financial Services: https://www.dfs.ny.gov/
• The New York Legislature and Department of Financial Services have been implementing emergency measures in an effort to protect insurance policyholders who have been hit with financial hardship because of the COVID-19 pandemic. A copy of the Executive Order and Regulations can be read on our website by Clicking Here
• New Executive Order Governor Cuomo. This order extends school closures through April 29, and requires any PPE “that is held in inventory by any entity in the state” report it to the state’s Department of Health. https://www.governor.ny.gov/news/no-20214-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
• New guidance by the state’s parks system: https://parks.ny.gov/covid19/
• In addition to the recently implemented emergency paid sick leave to provide income protection for employees impacted by the coronavirus, there will be a new permanent paid sick leave mandate that was included in the state’s budget. Provisions in this paid sick leave go into effect 180 days after being signed into law, https://www.governor.ny.gov/news/governor-cuomo-announces-three-way-agreement-legislature-paid-sick-leave-bill-provide-immediate
• Web page to explain how the new federal Pandemic Unemployment Assistance program works with the New York State unemployment process. https://labor.ny.gov/ui/cares-act.shtm
• Paycheck Protection Program local vendor: https://keevilyworkcomp.com/wp-content/uploads/2020/04/Loan-Program-Providers.pdf
• Generic lender participating in the Paycheck Protection Program https://www.sba.gov/paycheckprotection/find

Last updates
– Governor Cuomo Announces Financial and Administrative Relief for All New York State Hospitals. CLICK HERE
– Governor Cuomo and Mayor Mike Bloomberg Launch Nation-Leading COVID-19 Contact Tracing Program to Control Infection Rate. CLICK HERE
– New York Smart Cities Innovation Partnership Program – CLICK HERE
– ESD’s Guidance on Essential Businesses was updated on April 19, at 9:45am. CLICK HEREto find the updated guidance.

Information for Business Owners

General Information

NYS Business FAQ: https://esd.ny.gov/novel-coronavirus-faq-businesses
NYSIF Portal: https://ww3.nysif.com/en/FooterPages/Column1/AboutNYSIF/COVID-19

HR

Paid Family Leave: https://paidfamilyleave.ny.gov/covid19#faqs

Webinars

The Impact of the Coronavirus on Employers.
We encourage you to watch this video from “The Business Council of New York”. As COVID-19 cases continue to rise in New York State, it is important that employers and employees understand the impacts of the virus and how the strand affects individuals, day to day business and the economy.

Family First Coronavirus Response Act | What Employers Need to Know

Learn about the most recent developments affecting employers from a human resources perspective and gain insights into what legislation may be coming later this week.

Webinar link

Loans and Financial Resources for Business

SBA Paycheck Protection Program Opening at 10:30am April 27th
Lenders may resume processing Paycheck Protection Program applications beginning at 10:30am today. Additionally, the SBA has recently posted an updated FAQ for lenders and borrowers. CLICK HERE 

Federal Relief Bill Approved
On Friday, April 24, President Trump signed a $484 billion federal relief bill into law that will provide an additional $310 billion in funding to the Paycheck Protection Program designed to keep employees on small company payrolls. 
CLICK HERE for US Chamber Bill Summary
CLICK HERE for Full Bill Text

Empire State Development Resource Guide to COVID-19 SBA Disaster Loans: https://esd.ny.gov/resource-guide-covid-19-sba-disaster-loans
Coronavirus (COVID-19): Small Business Guidance & Loan Resources: https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources
The Shared Work Program: https://www.labor.ny.gov/ui/employerinfo/shared-work-program.shtm
Assistance & Guidance for Businesses Impacted Due to Novel Coronavirus: https://www1.nyc.gov/site/sbs/businesses/covid19-business-outreach.page

IRS Tax Relief

IRS: Coronavirus tax relief: https://www.irs.gov/coronavirus
Issues Guidance on Tax Credits for Coronavirus Paid Leave: https://www.irs.gov/newsroom/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

OSHA

OSHA is providing coronavirus-related guidance to help employers develop policies and procedures that address the following issues:

• Workplace flexibilities;
• Engineering and administrative controls, safe work practices, and personal protective equipment;
• Training workers on the signs, symptoms and risk factors associated with the coronavirus;
• Basic hygiene and housekeeping practices;
• Social distancing practices;
• Identifying and isolating sick workers;
• Return to work after worker illness or exposure; and
• Anti-retaliation practices;
• How to reopen nonessential businesses.

Construction work tasks associated with exposure risk levels: https://www.osha.gov/SLTC/covid-19/construction.html

OSHA has also announced they will be providing training grants for safety and health trainings. The press release can be found HERE
OSHA: Safety & Health topics: https://www.osha.gov/SLTC/covid-19/
OSHA: Guidance on Preparing Workplaces for COVID-19: https://www.osha.gov/Publications/OSHA3990.pdf

Cyber Security & scams warnings.

Guidance on Coronavirus Resources and Warnings about Consumer Scams: https://ag.ny.gov/coronavirus
Cyber Security: https://www.cisa.gov/    If you don’t have Cyber Insurance we can help you with that. Please call 1 (800) 523-5516

Cyber Attacks have increased 800% due the coronavirus outbreak.

There are several steps individuals, businesses, and government agencies can take to prevent a cyber-attack — even with so many remote workers.

• Make sure everyone is using a VPN, or a virtual private network, to do office work from home.
• Require devices to have two-factor authentication, which verifies a person’s identity before logging in.
• Only use Wi-Fi networks that are password protected.
• Companies should maintain a reliable back up for their data on a different network.
• Organizations should make sure their antivirus software is up to date.
• Everyone should think before they click on links and emails.

As always, Keevily remains committed to meeting the needs of you and your employees. We want to help you and your business during the difficult days and weeks ahead.

Thank you.

COVID-19 Disclaimer: Any statements contained herein relating to the impact of COVID-19 and/or the coronavirus on insurance coverage or any insurance policy is not a legal opinion, warranty, or guarantee and should not be relied upon as such. The situation surrounding COVID-19/coronavirus is changing constantly; as a result, any discussions that might take place may not necessarily reflect the latest information regarding recently-enacted, or pending or proposed legislation or guidance that could override, alter or otherwise affect existing insurance coverage. Answers to policy-specific questions will always depend on the terms and conditions of an individual policy and the specific facts relating to a potential claim. As insurance agents/brokers, we do not have the authority to make coverage decisions or render legal advice.

Dear Policyholder,
Extraordinary times call for extraordinary solutions. As the coronavirus (COVID-19) takes its toll on New York businesses, NYSIF stands ready to help by lowering your premium to reflect current business conditions and extending payment terms to those who need them. 

We realize that some of our policyholders may be experiencing financial difficulties at this time. If you’ve experienced a significant decrease in your payroll, please contact your Policy Representative or Safety Group Manager to lower your premium. If you are experiencing coronavirus-related financial difficulties, we can adjust your premium payments to help meet your financial situation. To obtain contact information for your Policy Representative, please visit our website and have your policy number handy. 

For those policyholders who do not have a NYSIF online account, we strongly encourage you to sign up; it’s simple and easy. Having an online account will allow you to access important, up to date policy information and will allow NYSIF to quickly and effectively communicate vital information to you. Create an online account now at nysif.com.  

There are a number of organizations offering coronavirus-related financial assistance. Below are two you may find helpful. 

NYC Small Business Services (grants to support your payroll and interest free loans) 

Small Business Administration (low interest loans)

As always, NYSIF remains committed to meeting the needs of you and your employees. We want to help you and your business during the difficult days and weeks ahead. Thank you.

NYSIF