AUGUST 2025

Ohio BWC launches new SUPR program

The Ohio Bureau of Workers’ Compensation (BWC) is making changes to enhance its efforts in addressing substance abuse among the state’s workforce.  The new program, known as the Substance Use Prevention and Recovery Program (SUPR), combines the Drug-Free Safety Program (DFSP), DFSP Safety Grants and the Substance Use Recovery and Workplace Safety Program.  This single program helps to address workplace misuse of alcohol and other drugs.  The goal is to help state-fund employers prevent work-related injuries and illnesses by combining drug free efforts into an employer’s safety program.  

The changes to the program took effect for private employers on July 1, 2025 and will take effect for public employers on January 1st, 2026.  

Some highlights of the changes include:

• Most program participants will automatically be eligible for reimbursement grants.
• Expenses eligible for reimbursement have been expanded to include substance use assessments for employers with “second chance” policies.
• Enrollment has moved to year-round with the ability to earn a pro rata bonus.
• The requirement to file the Safety Management Self-Assessment (SH-26) has been eliminated.
• The requirement to file the Safety Action Plan (DFSP-5) has been eliminated.
• The requirement to file the online Accident Report (DFSP-1) will be required for lost-time claims only.
• An online portal is being developed to report on program requirement completion and request reimbursement of activities in one place.

As with many BWC programs, employers must meet certain eligibility requirements.  To participate in SUPR, employers must: 

• Be current on all BWC premium payments.
• Be in an “active” policy status (not lapsed or inactive).
• Have reported actual payroll and paid any premiums due for the previous year.
• Have no more than 40 days of lapsed workers’ compensation coverage in the last 12 months (Advanced and Basic Levels). 

Employers electing to participate in the program have four program levels to choose from:

• Advanced – 7% bonus on premium payments.
• Basic – 4% bonus on premium payments.
• Comparable –  Allows employers to be included on the list of approved state construction contractors.
• SUPR Reimbursement only – Eligible employers can request reimbursement of up to $5,000 for costs associated with developing or reviewing a drug-free workplace policy, employee and supervisor training, drug and alcohol testing and substance use assessments.

Program requirements vary by level of participation, so employers will need to provide the requirements as outlined by the BWC based on the participation level they select. Program Requirements include:

• Written policy
• Employee education
• Supervisor training
• Drug and alcohol testing
• Annual report
• Employee assistance 
• Accident analysis
• Online accident reporting

As an example, if you choose to participate in the Basic, you will only be required to complete specific program requirements.  However, if you choose Advanced you will need to complete Basic requirements in addition to other requirements.

If you would like to learn more about the changes to the program, go to Substance Use Prevention and Recovery Program or if you would like to enroll in the (SUPR) Program go to Substance Use Prevention and Recovery (SUPR) Program.

This is just one of the great opportunities the state of Ohio offers for employers, but there are other grant programs designed to help employers reduce injuries and illnesses in the workplace, as well.  Click on the link to go to the BWC’s Safety Grant Programs.

 

Role of the Industrial Commission

The Ohio workers’ compensation process can sometimes feel overwhelming, especially when there is a need to contest a claim before the Ohio Industrial Commission (IC).

The State of Ohio charges the IC with the responsibility of resolving disputes that may arise between the parties of a workers’ compensation claim.  Those parties are the injured worker, the employer and the administrator (Bureau of Workers’ Compensation).  

The IC schedules an informal conference, referred to as a “hearing”, whenever one of the above noted parties files an appeal to a decision issued by the Bureau or if one of the parties to the claim files a motion requesting consideration of a specific action.     Most hearings are scheduled within 45 days of the appeal/motion being submitted to the IC.

There are three levels to the IC hearing process – 

• Level 1 is the District Level
• Level 2 is the Staff Level
• Level 3 is the Commission level

Once an issue is referred to the IC for scheduling the IC will send notices to all parties of the claim advising of the date and time of the scheduled hearing.

At Sedgwick, your hearing will be assigned to a Sedgwick Hearing Consultant who will review the claim file and attend the hearing.    As the employer, you are always encouraged to attend any hearing where your testimony may impact the decision.     Your Sedgwick Hearing Consultant can participate in a pre-hearing phone call with you to review the claim file information and their plan for the presentation to the IC hearing officer.    Because the IC offers a call in option for all hearings you are able to attend the hearing without leaving your office.

It is important to remember that all hearings are scheduled for 20 minutes and that each party present for the hearing is allotted a portion of that time for their presentation.    Any documentation that you wish to be considered that is relative to the scheduled issue should be submitted to the IC claim file and all other parties well ahead of the hearing date.  This allows the hearing officer the opportunity to review the pertinent information beforehand and formulate any specific questions he or she may have relative to the information.

 

 

JULY 2025

True-up process

The Ohio Bureau of Workers’ Compensation (BWC) provides workers’ compensation coverage based on estimated payroll. Therefore, at the end of the policy year, BWC asks employers to report their actual payroll for the prior policy year and pay any shortage (or receive a refund for any overage) in premium. This process is called a true-up. If the true-up is not completed timely, the following may occur:

• Employer will not be eligible for prior year rebates and incentives
• Employer will be removed from current year programs
• Employer will become ineligible for programs the following year and will continue to remain ineligible for all future years until all past true-ups are completed.

How to report payroll and complete the true-up
Although employers may contact BWC at (800) OHIO-BWC (800.644.6292) and complete their true-up report over the phone, BWC anticipates high call volumes and long wait times. They strongly encourage employers to complete their true-up report online through their BWC e-account at www.bwc.ohio.gov. If you do not have an e-account, simply select the Create E-Account Link to begin. You will need your BWC policy number and/or Federal Tax Identification Number.  

Deadlines
Private employers - True-up report must be completed and payment received no later than August 31, 2025. 

Please note: There is no longer a grace period. True-up and payment (if owed) must be POSTED by the deadline date.

 

Complacency and the workplace

In today’s fast-paced work environment, many employees find themselves settling into routines that can often lead to complacency.  Complacency can be defined as, doing the same task for so long without incident that you assume nothing will ever happen.  While familiarity with tasks can create a sense of comfort, it can also pose significant risks, especially concerning workplace safety.  It’s crucial to understand how complacency can lead to accidents and what can be done to mitigate these risks. Complacency can affect anyone at any age, regardless of their experience, so it is important to train all employees on how to spot complacency among themselves and other employees.

Let’s take an example of a person who performs a daily safety inspection before production starts.  The purpose of the inspection is to identify any potential safety hazards.  This daily routine occurs for months even years without incident.  But, because “an incident has never occurred”, the employee decides to skip an inspection one day and no injuries resulted.  So, the employee skips another one, then another, and soon inspections are rarely being conducted.     Until something happens.  Skipping important safety steps due to complacency could result in serious injury to the employee or fellow workers.

Usually, the best person to spot complacency is the employee themselves, but complacency can mean they don’t see the dangers right in front of them.  To overcome this, teach employees to spot signs of complacency in their co-workers first.  The more they learn how to recognize these signs in others, the easier it will be to recognize it in themselves.  

Keep an eye out for the following situations that may indicate complacency is setting in:

• Dissatisfaction with work and/or lack of motivation
• Taking short cuts in work processes, safety procedures or inspections
• Increased frequency of near-misses or incidents
• Changes in attitude 
• Noticeable increase or decrease in communication 
• Tardiness for meetings or shifts

Increased employee engagement is a great way to help workers get out of the rut of complacency.  Actions workers can take include:

• Consciously focusing on the task at hand.  
• Identifying distractions when they come up and dismissing them.  
• When conducting repetitive tasks, be on the lookout for procedural improvements that can help break up the monotony.
• Understanding the greater purpose of their job, such as the finished product or report, and interacting with team members regularly.  

 

Identifying and addressing complacency is a team effort.  Not only is it key for employees, but the employer can assist by implementing best practices such as:

• Share the Mission— Remind employees of the company’s purpose and goals so they maintain a connection to the larger missions and emphasize that their behaviors have an impact. 
• Minimize Routines—Since repetition is related to complacency, consider job rotation or change up some of the work tasks to add variety to an employee’s job.  Providing differing work tasks can help maintain focus and keep employees from falling into “cruise control” mode.
• Encourage observation of others - Have employees briefly stop work and observe the actions of others as they work.  Observing others raises one’s own awareness, as well as the awareness of their co-workers.
• Correct poor performance - Mentoring programs and coaching can help employees identify and correct poor work practices and potential problems before an injury occurs.
• Conduct safety discussions and tool box talks – Make safety talks part of a daily routine and get employees involved and engaged with team members.
• Share Knowledge – Have employees identify and share the steps they perform to complete a job.  Having another set of eyes or someone else’s ideas may help improve the process.   

Complacency can be a dangerous thing, and everyone is susceptible.  It can lead to underperformance, low job satisfaction, workplace accidents and low morale.  But with a team effort and employee engagement, complacency doesn’t have to run the workplace.

 

JUNE 2025

OSHA Emphasis Programs

We all know that the goal of the Occupational Safety and Health Administration (OSHA) is to ensure workplace safety across various industries in the United States.  Some of these industries include, construction, agriculture, maritime, logging and general industry.  OSHA uses a couple of programs to address specific hazards that they see in the workplace.  The first one we discussed in a previous article is OSHA’s Top Ten Violations.  These are the most frequently occurring non-compliances OSHA uncovered during the prior fiscal year (October to September).  What is beneficial about this Top Ten List, is it gives companies a guide to evaluate their safety programs and processes, and compare them to what OSHA Compliance Officers are finding in the workplace. 

The second program is a directive known as OSHA’s Emphasis Programs which are temporary initiatives launched by OSHA to focus on particular safety and health hazards that have been identified throughout the country or a specific region.  These directives are created based on inspection data, injury and illnesses, NIOSH (National Institute for Occupational Safety and Health) reports, peer-reviewed literature as well as analysis of inspection findings.  The goal of these emphasis programs is to target specific industries based on their operations (such as Trenching and Excavation) or by their North American Industrial Classification System (NAICS) (such as Food Manufacturers or Warehousing and Distribution).  Additionally, these programs allow OSHA to direct resources to particular hazards and high-hazard industries and promote proactive measures (such as outreach programs) that employers can take to enhance workplace safety.  In either case, it is important to determine if your organizations falls under a specific emphasis program.  

Within the directive are two programs: the National Emphasis Program (known as NEP), which targets industries throughout the United States (including Puerto Rico, Virgin Islands, Guam and Washington DC) and Regional/Local Emphasis Programs (known as REPs or LEPs) that target industries within a given region.  Currently, there are 10 regions and Ohio is part of region 5, which also includes Illinois, Indiana, Michigan, Minnesota and Wisconsin.   Both directives cover a wide range of concerns such as fall hazards, specific chemical usage, heat hazards in indoor and outdoor environments, machine guarding and forklift operations.

 

The National Emphasis Programs include:

• Combustible Dust                                   
• Fall Prevention/Protection    
• Hazardous Machinery
• Heat
• Hexavalent Chromium
• Lead
• Primary Metal Industries
• Process Safety Management (PSM)
• Shipbreaking
• Silica, Crystalline
• Trenching and Excavation
• Warehousing and Distribution

 

The link to OSHA’s National Emphasis Programs can be found at https://www.osha.gov/enforcement/directives/nep. 

 

The Regional and Local Emphasis Programs include: 

• Building Renovation/Rehabilitation and Demolition          
• High Rise Building Construction Inspection in Chicago, Illinois
• Wood Pallet Manufacturing
• Exposure to Noise Hazards in the Workplace
• Food Manufacturing Industry
• Grain Handling Facilities
• Powered Industrial Vehicles
• Transportation Tank Cleaning Operations

 

The links to each of these emphasis programs can be found at https://www.osha.gov/enforcement/directives/lep. 

 

OSHA's Emphasis Programs serve as vital tools in the ongoing effort to improve workplace safety across industries and promote a safer future.  For workers, this means a safer working environment and peace of mind.  For employers, engaging with emphasis programs can enhance the wellbeing of their employees while also potentially reducing long-term costs related to workplace injuries or illnesses.  It is important you review the emphasis programs to determine if your organization has an operation or an NAICS number that may be on  OSHA’s target list for an inspection.

 

 

The power of your TPA claims examiner relationship

As a Sedgwick TPA customer our goal is to always provide you with comprehensive and immediate service for all of your workers’ compensation claim needs.    Part of that service includes a dedicated claims examiner assigned to your account who can offer a detailed plan of action to assist you in navigating the Ohio workers’ compensation system.    

When your company experiences a workers’ compensation claim, your assigned claims examiner will typically receive notice of the claim within a few days of the filing.  Their immediate goal is to complete a claim review of all documentation available so that they can notify you of any concerns with the information on file.  Some of the caution signs they monitor include:

• Prior medical history to the same body part
• A delay in seeking treatment
• Vague or inconclusive injury descriptions
• Medical treatment discrepancies
• The injury is reported soon after a known employer discipline 
• Hobbies or extracurricular activities that could cause the reported injury
• Medical conditions that co-exist alongside the primary diagnosis (comorbidities)

Once the validity of a claim is verified your claims examiner will develop a detailed plan of action to monitor and help move the claim to final resolution either through full and final settlement of the claim or a full duty return to work.

Early communication with your claims examiner can provide clarity in the investigation process, reduce administration delays and ensure forward motion of the claim, which is a benefit to both you and your injured worker.    

While it is an unfortunate fact that workers do get injured on the job and the majority of those claims are credible, a strong relationship with your assigned claims examiner who can review what options are available to you as the employer to mitigate time and expense in the claim is one of the best tools you have in your toolbox. Their expert knowledge of the Ohio Workers’ Compensation system can help you make informed decisions that will lead to successful claim outcomes.  

 

MAY 2025

Sedgwick safety services

Did you know the Sedgwick Safety and Loss Prevention Department has safety consultants who can assist you and your company with developing and maintaining an effective safety and risk management program.  Our goal is to provide professional safety consulting services and the resources necessary for employers to minimize risk, prevent injuries and implement an effective, on-going safety program.  The key to a safe workplace starts with a strong and effective safety program.

 

As a Sedgwick customer, you have access to a wide variety of safety services, including the following:

 

OSHA and PERRP Recordkeeping Assistance – Understanding OSHA and PERRP guidelines are sometimes confusing and can be challenging.  We are here to assist you and help you gain a better understanding of the recordkeeping requirements, what injuries are recordable and how to complete the forms.  Many employers, including all public employers, are required to submit their injury and illness information online.  Our experts can provide guidance on this as well.

 

High Level Site Inspections – A great way to identify hazards in your workplace is to perform a site inspection.  Sometimes a second set of eyes will help uncover hazards you may have overlooked.  The Sedgwick Safety Department can visit your facility and perform an evaluation to identify opportunities for improvement as well as positive observations.  Upon completion, a detailed report with pictures is provided, along with guidance on implementing corrective actions, if requested.

 

Safety Program Reviews – Based on your industry type and a discussion of your operations, we can help identify what safety policies and programs are applicable.  For those with existing safety programs, we can conduct a high-level review and offer suggestions for improvement.  The Sedgwick Safety Team can also assist with development of these programs and provide templates.

 

OSHA/PERRP Citation Management - Dealing with OSHA and PERRP inspections and citations can be stressful to any organization, however, proper management is key.  An explanation of the citation process, review of citations and general recommendations can help relieve the stress and provide you with a comfort level to successfully navigate the process.

 

Safety Help Desk - Sedgwick customers can contact the safety and loss prevention department by phone or email any time with safety questions, or to request services and materials.  Our Safety Resources website has forms, materials, guidance documents, tool box talks and even pre-recorded webinars available for customer use: https://www.sedgwick.com/ohiotpa/resources. 

 

Safety Training - Written Safety Programs help identify the company’s procedures on how the program effects their organization but training is key for employees to understand these policies.  The safety department can offer high level training materials or content and/or review existing training materials. Web-based and on-site training is available for a fee.

 

Injury Trend Reports - One of the most effective ways to determine hazards in your workplace is to evaluate injury trends.  A Risk Analysis report prepared by the Safety Department can help your organization determine your most frequently occurring injury causes and the most costly.  The findings in this report can help you most effectively allocate your safety resources.

Follow-Up – We like to stay in touch with our customers and follow up on reports, emails and recommendations that may require further action.  Our goal is to be your partner and help you throughout the process, and not just to provide a report and move on. 

 

These are just some of the services that the Sedgwick Safety and Loss Prevention Department offers to our customers.  These high-level services are provided at no additional cost to TPA customers, however there are fee-based services available as well, such as:

• Industrial Hygiene Monitoring
• Noise Monitoring
• Company Specific Safety Policy Development
• Job Hazard Analysis
• Personal Protection Equipment Evaluation
• Employees Safety Training (in-person or virtual)

 

A cost estimate will be provided for any fee-based services requested.

 

 

Workers’ Compensation and Managed Care - best practices for recordkeeping, documentation and injury reporting

Open Enrollment for MCO selection lasts through Friday, May 23.  It is an opportunity for Ohio employers that have state-funded workers’ compensation coverage to select an important resource to organize and resolve workplace injuries.   Sedgwick Managed Care Ohio is a key partner for our workers’ compensation program and happens to be Ohio’s largest MCO – by far – in both claims managed and employers served.¹  

Recordkeeping and documentation
One of the roles of an MCO is to collect the essential data elements of a workplace injury to initiate a workers’ compensation claim.  Depending on the approach to collecting and arranging this information, the MCO can be an excellent warehousing partner for injury-related data.

Sedgwick MCO provides clients a series of value-added reports designed to facilitate record keeping obligations of OSHA and PERRP.  Many report options include an ongoing tally of lost workdays associated with each claim, as well as the number of modified duty workdays.  Access to this information on a monthly, quarterly and especially an annual basis (early January) can help employers complete their OSHA 300 and PERRP posting that is due each February.

MCOs should also be able to account for additional datapoints to help determine whether a workers’ compensation claim is OSHA-recordable.  For example, if medications are prescribed in the treatment of a workplace injury, it may be OSHA recordable despite having incurred no lost or modified workdays.  Similarly, if treatment for an injury includes services that exceed what is considered first-aid in nature, the injury may also be recordable despite involving no lost time.  An example of this would be a laceration that involves stitches, but the employee returns to work immediately.  Referencing medical billing codes to identify specific covered treatments can be a simple way to gather information that simplifies the OSHA and PERRP reporting process.  

Injury reporting
The claim filing process depends on information from multiple parties, including the injured employee and the treating physician.  But Sedgwick MCO encourages employers to take action as quickly as possible after a workplace incident to control this vital early stage of the process.  Establishing post-injury protocols that include thorough documentation of the incident, as well as compiling information required by BWC, can accelerate a sound claim allowance decision.  Early clarity on the nature of incident and injury can help frame the scope of the claim and define the medical conditions that are included for treatment.  

The First Report of Injury (FROI) is the standard BWC form that accommodates the required information and typically initiates a new claim.  Many employers keep the FROI on-hand to serve as an incident report.  Sedgwick Managed Care Ohio will provide clients with an Injury Reporting Packet, which can include the FROI and other forms and information to help guide both the employer and the injured employee through the claim process.  

Many employers have developed an incident report that collects much of the information required for the workers’ compensation claim.  Consider modifications to your incident report that may facilitate a more efficient claim filing process.  One of the best steps an employer can take to promote speed and accuracy in claim filing is to have an incident report completed quickly and sent directly to the managed care organization.   

 

APRIL 2025

Severe weather preparation

The Ohio Committee for Severe Weather Awareness considers March 16 – March 22^nd as Severe Weather Awareness Week.  During this time, Governor Mike DeWine encourages Ohio Businesses to prepare themselves for spring and summer weather hazards, including thunder, lighting, tornadoes and floods.  Although we are past that date, I thought I would take this opportunity to remind you of the importance of developing a severe weather preparation plan.  This is a great time of year for businesses to look at their Emergency Action Plan (EAP) and review appropriate procedures and responsibilities of employees during potentially hazardous weather events.  The Occupational Safety and Health Administration’s Emergency Action Plan Standard can be found at https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.38.

  

First and foremost, you can check to see which severe weather hazards may occur in your area by going to https://experience.arcgis.com/experience/74d12934524d4e88a1f7c50c377bec1a and inputting your address or zip code.  You may be surprised at the hazards you uncover.  By combining the weather hazards experienced in your area with OSHA’s EAP Standard, you can create the appropriate steps in preparing for each condition.  In my area, for example, there is the potential for Flood, Tornadoes, Drought, Thunderstorms/Lighting/Hail Risk and Extreme Heat. 

The purpose of an EAP is to facilitate and organize employer and employee actions during workplace emergencies. A well-developed emergency plan and proper employee training should result in fewer and less severe employee injuries and less structural damage to the facility.  On the contrary, a poorly prepared plan can lead to a disorganized evacuation or emergency response, and may result in confusion, injury and property damage.  OSHA states “An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.” 

According to OSHA, an EAP should include the items below, at a minimum, as well as, incorporate best management practices to make your program even stronger. 

 

Emergency Procedures

The procedures incorporated into an emergency action plan must be well thought out to identify various scenarios applicable to your facility and include at least the following:

1. Procedures for reporting a fire or other emergency 
2. Procedures for emergency evacuation, including type of evacuation and exit route assignments
3. Procedures to be followed by employees who remain to operate critical plant operations before they evacuate
4. Procedures to account for all employees after evacuation
5. Procedures to be followed by employees performing rescue or medical duties
6. The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan

 

Employee Alarm System

The employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements found under https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.165.  Some of the highlights include:

1. Alarms must be loud enough so that all employees can hear them above ambient noise or light levels. 
2. Alarms shall be distinctive and recognizable as a signal to evacuate the work area or perform specific actions detailed in the EAP. 
3. All employee alarm systems are maintained in operating condition except when undergoing repairs or maintenance.
4. Alarm systems that use manually operated devices, such as pull boxes, must be unobstructed, conspicuous and readily accessible.

 

Training

Once your emergency action plan is complete for fire and severe weather events, it is vital to train employees.  Be sure to train employee(s):

1. When the plan is first developed or the employee is assigned initially to a job;
2. When the employee's responsibilities under the plan change; 
3. When the plan is changed

Additionally, employers must designate and train employees to assist in the safe and orderly evacuation of other employees, including those with special needs who may require extra assistance during an evacuation.   

Training can also include performing mock drills for fire or weather events and is also a great way to test the effectiveness of your plan.

 

Review Emergency Action Plan

As with any safety program, they should be updated as needed and Emergency Action Plans are no different.  If changes within your program occur, be sure to update as needed. This may include changes in roles and responsibilities, new or modified business structures (such as exit routes or doors), new or modified alarm systems and new potential severe weather hazards.

 

*Written safety plans are only as effective as the training*

 

There is plenty of other information on OSHA’s website https://www.osha.gov/emergency-preparedness and the Ohio Bureau of Workers Compensation https://info.bwc.ohio.gov/for-employers/safety-services/training-and-resources/disaster-and-pandemic-preparedness.  These two organizations are great resources for additional tips on natural disaster preparedness and business recovery.

 

 

 

FEBRUARY 2025

OSHA Top Ten Violations

As the new year begins, many organizations look at ways to improve their safety programs.  One way I have found effective over the years is to compare your safety program to OSHA’s Top Ten Violations List.  Identifying what OSHA sees in the workplace during their inspections and comparing that to your organization is an excellent opportunity to find any gaps or deficiencies within your safety process.  

 

OSHA publishes a top ten list every fiscal year which runs from October to September.  For fiscal year 2024, OSHA identified the following on their top ten list:

 

1. Fall Protection—General Requirements (1926.501): 6,307 violations
2. Hazard Communication (1910.1200): 2,888 violations
3. Ladders (1926.1053): 2,573 violations
4. Respiratory Protection (1910.134): 2,470 violations
5. Lockout/Tagout (1910.147): 2,443 violations
6. Powered Industrial Trucks (1910.178): 2,248 violations
7. Fall Protection – Training Requirements (1926.503): 2,050 violations
8. Scaffolding (1926.451): 1,873 violations
9. Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,814 violations
10. Machine Guarding (1910.212): 1,541 violations

 

The full text of OSHA’s regulations can be found in the Code of Federal Regulations (CFR): https://www.osha.gov/laws-regs/regulations/standardnumber  or by clicking on the hyperlinks included above for the specific topics.

  

General Industry Regulations are found in Part 1910 and Construction Industry Regulations are found in Part 1926.

Agriculture Regulations can be found at https://www.osha.gov/laws-regs/regulations/standardnumber/1928.

For this month’s article, we will discuss the top five violations and follow up next month with the second five.

  

Fall Protection—General Requirements (1926.501)

Generally speaking, fall protection is required if employees work at heights 4 feet or greater in General Industry and Agriculture and 6 feet or greater for Construction. Typically, fall protection for employees can be in the form of guardrail systems, safety net systems or personal fall arrest systems.  If these fall protection options are not feasible, then an approved alternate system may be used if it meets the requirements of the standard.  Fall protection is required for employees working near unprotected sides and edges, holes, excavations, ramps, runways and other walkways that meet the criteria of the specific height for that industry.  The main violation OSHA is finding with this standard is failure of employers to assure proper fall protection is worn when employees are working at the heights identified for that industry.

 

Hazard Communication (1910.1200):

Known as OSHA’s Right To Know standard, this regulation requires employers to inform their employees about the hazards of the chemicals they work with.   OSHA violations in the workplace uncovered employers with no written hazard communication program, no list of chemicals, missing or out of date safety data sheets (SDS’s) and no employee training. 

Ladders (1926.1053)

You may think ladders would not require much in the safety arena, but they show up on OSHA’s Top Ten List quite often.  Ladders are not something you just set in place and climb; there are specific guidelines to follow.  Violations found by OSHA during inspections include: incorrectly accessing upper landing surfaces, ladders not being used for the purpose they are designed for, using the top step of the ladder as a step, carrying objects or loads that could cause the employee to lose balance or fall and not conducting pre-use inspections to ensure they are structurally sound.  If your facility uses ladders, review the standard's requirements and ensure employees follow the proper procedures.

 

Respiratory Protection (1910.134):

The respiratory protection standard is essential when employees are exposed to chemicals above their Permissible Exposure Limits (PEL’s).  OSHA has thousands of chemical exposure limitations and employers must ensure their employees are not overexposed to them or are properly protected.  If employees are determined to be overexposed to any chemicals, employers are required to review engineering options (for example, using a ventilation system) and must implement a respiratory protection program.  Citations in this standard include improper medically testing and fit testing employees so they can wear a respirator safely, no employee training on the proper use of the respirator and lack of a written program.

  

Lockout/Tagout (1910.147):

OSHA’s Lockout Tagout (LO/TO) Standard is important when maintenance is performed on machinery in the workplace.  The main purpose is to prevent a piece of machinery's unexpected energization (startup) while maintenance is being performed.  Lockout Tagout procedures are implemented to prevent crushing injuries, amputations and even death.   An effective lockout/tagout program includes developing procedures for each piece of machinery required under the standard and training and communicating those procedures to staff.  In the Lockout/Tagout Standard, OSHA is finding noncompliance that includes: unwritten energy control procedures, improper training and communication, incomplete annual periodic inspections and failure to follow procedures. 

Since this is intended to just be a high-level summary of the Top 5 Most Frequently Violated Standards, it is important to review the regulations thoroughly in order to achieve and maintain compliance.  There are several ways to become more familiar with the regulations, including online training classes, brochures and pamphlets, reputable online sources, consulting organizations and the Bureau of Workers Compensation Division of Safety & Hygiene.  Once you become familiar with each regulation, compare that to your company's safety program and identify gaps.  If you find gaps in your program or areas needing improvement, take the appropriate steps to make the changes and retrain employees if needed. 

 

Next month well explore violations 6 through 10 on OSHA’s list.

 

 

Recent court decision
AutoZone v. Industrial Commission

The Ohio Supreme Court has finalized its decision in relation to AutoZone Stores v. Industrial Commission of Ohio.  As you may recall, the question before the Supreme Court in this case was whether the injured worker was entitled to temporary total compensation (TT) after being terminated from his position due to a physical altercation with his supervisor.     The claimant was injured on 6/20/20 and was working light duty up until the date of his termination, which took place on 9/5/20.   In November 2020, the claimant had surgery for the allowed conditions and requested temporary total compensation beginning the date of his surgery.   It was noted that the claimant did not secure other employment in between his date of termination from AutoZone and his surgery in November.    Because of this fact pattern, the employer appealed the payment of compensation and argued that the injured worker was not entitled to temporary total compensation as he was not employed at the time of his request for disability.  The claimant argued that he was entitled to compensation as the surgery that led to his current request for TT was solely related to the allowed conditions.

The Supreme Court determined that there are two specific questions that need to be answered in this situation:

Is the injured worker’s inability to work the direct result of the allowed conditions? – this is a question related to the medical information of the claim file.

Is the injured workers’ current unemployment due to reasons completely unrelated to the allowed conditions?  - this is a legal question that delves into a claimant’s medical inability to work vs. simply not working and if they are simply not working, then why? 

The Supreme Court ruled that the claimant must be employed at the time of a request for compensation.  In the AutoZone case the injured worker was not working due to termination for cause, and he did not secure employment elsewhere in between the time of his termination and the date of his surgery.   Therefore, the Supreme Court found that he was not entitled to temporary total compensation since he was not working/receiving wages at the time of the compensation request.    

All appeal and reconsideration options have been exhausted in this matter so this decision is now final and can be used by employers to determine if TT is necessary and appropriate when an injured worker is no longer employed and has not secured employment elsewhere.    

If you have questions related to this court case, please feel free to reach out to your Sedgwick claims examiner and they can help you determine if the AutoZone case applies to your company’s claim scenario.    In some instances, we may recommend that you contact your company attorney to help determine the legal application of the AutoZone case. 

 

JANUARY 2025

Client education program
for workers’ compensation

Sedgwick offers a comprehensive, webinar-based education program to current clients, covering a variety of topics within the workers’ compensation industry. These training webinars are free to member clients of Sedgwick.

Sedgwick’s workers’ compensation educational series is designed to familiarize yourself with Ohio’s workers’ compensation system and show you how to maximize your program.

Webinar topics include:

• Navigating Ohio workers’ compensation
• Overview of the True-Up process (public and private)
• Benefits of coordinating your claims management
• Reducing your workers’ comp spend
• Workplace safety: 5 things you should be focusing on
• Best practices for a successful workers’ comp program

Sedgwick offers these educational programs throughout the year. The programs are designated for both private and public employers, private employers only or public employers only.  Additionally, all sessions qualify for 1-hour of the 2-hour Ohio Bureau of Workers’ Compensation safety training requirement for group and group retrospective-rated employers. 

Look for future communications with the dates, times and topics for the 2025 series. 

 

OSHA & PERRP Recordkeeping

The beginning of 2025 is here and that means your OSHA (private employers) and PERRP (public employers) Recordkeeping logs, summary and online reporting will be due.  Throughout the year you should be updating your OSHA and PERRP Logs as injuries occur.  OSHA requires employers to evaluate injuries and determine if they need to be recorded on the log within 7 days of being notified of the injury.  PERRP requires injuries to be recorded within 6 days of being notified.  Here is a reminder of the due dates for recordkeeping: 

1. OSHA and PERRP Summary forms must be completed and posted by February 1st.
2. The PERRP online reporting is due February 1st.
3. The OSHA online reporting is due March 2nd.

If you are unsure whether you need to complete the logs or online reporting, you will first need to determine if you are required.

 

Exemptions

OSHA - There are two exemptions from keeping the OSHA 300 Log.

• Companies with 10 or fewer employees at all times during the calendar year.  The only exception to this is if you are specifically requested by OSHA, the Bureau of Labor Statistics (BLS) or another agency to keep a log.  If you receive a request, do not ignore it.
• The other exemption is for establishments classified in certain low-hazard industries.  You will need your NAICS number and check it against the list of “Partially Exempt Industries” at:  https://www.osha.gov/recordkeeping/presentations/exempttable.  

PERRP - There are no exemptions for public employers for keeping and maintaining the PERRP Log.  All public employers are required to keep the Log.

 

*Remember whether you are a private or public employer you must report to OSHA or PERRP, as applicable, any workplace incident that results in a fatality, in-patient hospitalization, amputation or loss of an eye. 

Recordkeeping Logs and Summary Forms

OSHA - If you are required to keep the log, download the Recordkeeping Forms and instructions by clicking on the link: https://www.osha.gov/sites/default/files/OSHA-RK-Forms-Package.pdf.   

PERRP – Download the recordkeeping instructions by clicking on the link: https://dam.assets.ohio.gov/image/upload/info.bwc.ohio.gov/forms/PERRPrecordkeepingforms.pdf.  The logs in Excel format can be downloaded from: https://info.bwc.ohio.gov/for-employers/safety-services/consultations-and-programs/perrp/injury-and-illness-recordkeeping under “Forms and Instructions” on the right side of the page. 

When you complete your PERRP or OSHA log, be sure to have the summary form signed and posted in a conspicuous place for employees to see.  Summaries must be posted from February 1st through April 30th. 

*Remember only post the PERRP 300AP Summary or the OSHA 300A Summary and not the injury log.

 

Online Submission

The final step in the process is to determine if you must file online.  

OSHA - To determine if your organization is required to do so, enter the following information for your facility at the following link https://www.osha.gov/itareportapp:

1. “State” in which your facility is located,
2. “Peak Employment from the previous year” – be sure include temporary and seasonal workers,
3. “Is the establishment a government facility” and
4. Your “NAICS Code”.

Once the information is entered, click the “Submit” button and it will identify what, if any, information your facility needs to submit online.  There will be one of four replies:

1. You are exempt from completing the OSHA Log and not required to submit online.
2. You will not be required to submit anything online.
3. You will be required to submit information from your OSHA 300A form.  
4. You will be required to submit information from your OSHA 300, 300A and 301 Forms.

If your establishment is required to submit online, then you must create a secure account on OSHA’s Injury Tracking Application found here: https://www.osha.gov/injuryreporting/ita if you are a new user.  Once you have successfully set up an account, then you can submit your OSHA Log, OSHA 300A Summary or OSHA 301 Injury Information.  If you are only required to submit your OSHA 300A Summary information, the process is a fairly straight forward, just be sure to have your NAICS number, average number of employees and total work hours entered on your OSHA 300A Summary report.

 

If you are required to submit your OSHA 300 and OSHA 301 information you have two options.  You can either choose to input each recordable injury individually or perform a batch upload.  The batch upload can save time for establishments with numerous recordable injuries. 

 

PERRP –All public employers are required to submit to the BWC except those with five or fewer employees and that also have had no recordable injuries in the calendar year.  PERRP 300AP Summary form information is submitted through the Ohio BWC link found here: https://www.bwc.ohio.gov/employer/forms/InjuryIllnessSummary/default.aspx.

 

One final note, even if you have not completed your logs or online reporting in past years, it is still a good idea to get these completed as soon as possible.  Both OSHA and PERRP recommend creating your logs and submitting your data, if possible, even if you are past the due date – remember better late than never!

 

 For more information, please contact Sedgwick’s Andy Sawan at 330.819.4728 or andrew.sawan@sedgwick.com.