All posts by Ryan Denis

Ryan Denis is the Marketing Director of Metropolitan Risk Advisory. He has been with the company since 2011.
OSHA

OSHA 300A Must Be Posted From Feb. 1st – April 30th

Remember to complete and post OSHA Form 300A, which lists a summary of the total number of job-related injuries and illnesses that occurred during 2015. The form must be posted from February 1st to April 30th, 2016. Fines for not doing so can be significant if OSHA conducts an audit. One of the first items they ask to review is your OSHA 300 log, and where the OSHA 300A is posted.

To assist in calculating incidence rates, information about the annual average number of employees and total hours worked during the calendar year is also required. If a company recorded no injuries or illnesses in 2015, the employer must enter “zero” on the total line. The form must be signed and certified by a company executive. Form 300A should be displayed in a common area where notices to employees are usually posted.

Employers with 10 or fewer employees and employers in certain industries(see below FAQs) are normally exempt from record-keeping and posting requirements.

For your convenience, you can click here for the OSHA 300, 300A & 301 fillable forms. We ask that you email a copy of your 300 & 300A to your Risk Advisor so we may have a record in our file, or simply upload them into your OODA Risk system. If you are not up to date on your OSHA log, use the system as a resource. Run your workers’ comp claims and incidents by date of loss and location for the year. This will allow you to cross-check your log.

EXCITING NEWS: Next year’s OSHA logs will be much easier. OODA Risk 2.0 which is now in beta, will allow you to keep and generate an OSHA log for every trackable location as well as run your OSHA & DART incident rates at any point throughout the year. For a preview, watch this quick video.

If you have any questions, contact your Risk Advisor or click here for an OSHA recordkeeping coordinator.

F.A.Q.s – CLICK HERE TO VIEW OSHA’s FULL LIST OF F.A.Qs

What is a recordable incident? 

Check out this flowchart.

What is a reportable incident?

Check out this flowchart.

Do I need to fill out an OSHA 300A log for every location?

You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.

Do I need to keep OSHA injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year)?

Yes, however, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments’ recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions.

Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees?

You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee’s establishment, or on an OSHA 300 Log that covers that employee’s short-term establishment.

How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments?

If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works.

What industries are excluded? (NAICS CODE)

  • 4412 Other Motor Vehicle Dealers
  • 4431 Electronics and Appliance Stores
  • 4461 Health and Personal Care Stores
  • 4471 Gasoline Stations
  • 4481 Clothing Stores
  • 4482 Shoe Stores
  • 4483 Jewelry, Luggage, and Leather Goods Stores
  • 4511 Sporting Goods, Hobby, and Musical Instrument Stores
  • 4512 Book, Periodical, and Music Stores
  • 4531 Florists
  • 4532 Office Supplies, Stationery, and Gift Stores
  • 4812 Nonscheduled Air Transportation
  • 4861 Pipeline Transportation of Crude Oil
  • 4862 Pipeline Transportation of Natural Gas
  • 4869 Other Pipeline Transportation
  • 4879 Scenic and Sightseeing Transportation, Other
  • 4885 Freight Transportation Arrangement
  • 5111 Newspaper, Periodical, Book, and Directory Publishers
  • 5112 Software Publishers
  • 5121 Motion Picture and Video Industries
  • 5122 Sound Recording Industries
  • 5151 Radio and Television Broadcasting
  • 5172 Wireless Telecommunications Carriers (except Satellite)
  • 5173 Telecommunications Resellers
  • 5179 Other Telecommunications
  • 5181 Internet Service Providers and Web Search Portals
  • 5182 Data Processing, Hosting, and Related Services
  • 5191 Other Information Services
  • 5211 Monetary Authorities – Central Bank
  • 5221 Depository Credit Intermediation
  • 5222 Nondepository Credit Intermediation
  • 5223 Activities Related to Credit Intermediation
  • 5231 Securities and Commodity Contracts Intermediation and Brokerage
  • 5232 Securities and Commodity Exchanges
  • 5239 Other Financial Investment Activities
  • 5241 Insurance Carriers
  • 5242 Agencies, Brokerages, and Other Insurance Related Activities
  • 5251 Insurance and Employee Benefit Funds
  • 5259 Other Investment Pools and Funds
  • 5312 Offices of Real Estate Agents and Brokers
  • 5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
  • 5411 Legal Services
  • 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services
  • 5413 Architectural, Engineering, and Related Services
  • 5414 Specialized Design Services
  • 5415 Computer Systems Design and Related Services
  • 5416 Management, Scientific, and Technical Consulting Services
  • 5417 Scientific Research and Development Services
  • 5418 Advertising and Related Services
  • 5511 Management of Companies and Enterprises
  • 5611 Office Administrative Services
  • 5614 Business Support Services
  • 5615 Travel Arrangement and Reservation Services
  • 5616 Investigation and Security Services
  • 6111 Elementary and Secondary Schools
  • 6112 Junior Colleges
  • 6113 Colleges, Universities, and Professional Schools
  • 6114 Business Schools and Computer and Management Training
  • 6115 Technical and Trade Schools
  • 6116 Other Schools and Instruction
  • 6117 Educational Support Services
  • 6211 Offices of Physicians
  • 6212 Offices of Dentists
  • 6213 Offices of Other Health Practitioners
  • 6214 Outpatient Care Centers
  • 6215 Medical and Diagnostic Laboratories
  • 6244 Child Day Care Services
  • 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
  • 7115 Independent Artists, Writers, and Performers
  • 7213 Rooming and Boarding Houses NAICS Code and Industry Description
  • 7221 Full-Service Restaurants
  • 7222 Limited-Service Eating Places
  • 7224 Drinking Places (Alcoholic Beverages)
  • 8112 Electronic and Precision Equipment Repair and Maintenance
  • 8114 Personal and Household Goods Repair and Maintenance
  • 8121 Personal Care Services
  • 8122 Death Care Services
  • 8131 Religious Organizations
  • 8132 Grantmaking and Giving Services
  • 8133 Social Advocacy Organizations
  • 8134 Civic and Social Organizations
  • 8139 Business, Professional, Labor, Political, and Similar Organizations
Construction Practice Group Content, Other, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance

December 14 News From Around the Marketplace

Injured Construction Worker in Queens Gets Record $62 Million Single-Plaintiff Award – N.Y. Post

A construction worker who was injured on the job has been awarded $62 million — the largest lawsuit verdict for a single plaintiff in Queens. The Queens Supreme Court jury unanimously ruled to dole out the money — $20 million for past pain and suffering, $42 million for future pain and suffering and $60,086.27 for previous medical expenses. The employee suffered a traumatic brain injury and other serious injuries in a ­20-foot fall off a roof while working in 2008. At trial 20 witnesses were brought in to prove the construction company did not provide Lin with proper safety ­devices.

New York Construction Company to Pay $380,000 in Back Wages – U.S. Department of Labor

A Wage and Hour Division investigation found that Liverpool, N.Y., employer General Interior Systems Inc. violated the Fair Labor Standards Act by misclassifying more than 300 drywall installers as independent contractors and then failing to pay them overtime. The department won a judgment in U.S. District Court for the Northern District of New York on behalf of the affected employees that required General Interior to pay $380,000 in back wages. Working throughout central New York and the Northeast, the employees put in as many as 60 to 70 hours per week with regularity and were paid straight time for hours worked beyond 40 in a work week.

—-

Government Funding Bill Rolls Back Trucker Rest Requirements – NPR

The regulation is part of a series of rules that spell out the number of hours that long-haul truck drivers can be on the road. Last year, a rule took effect that required those drivers to take two consecutive nights off after every 70 hours they spend behind the wheel.

Truckers No Longer Have to File No-defect Driver Vehicle Inspection Reports – Bloomberg

In a move expected to save the trucking industry nearly $2 billion per year, pre- and post-trip inspections no longer need to be filed by CMV drivers if no safety defects or mechanical deficiencies are found.

Terrorism Risk Insurance Act Set to Expire After Bill Blocked in Senate – I.B Times

Although Congress will likely reintroduce a new bill aimed at renewing TRIA when it reconvenes in January, the impact of allowing TRIA to expire may be felt by businesses across the country. Insurers may seek to cancel terrorism policies after Jan. 1, 2015, out of fear that a major terrorist attack could occur without a government backstop in place.

Businesses in the real estate, construction and hospitality industries may be especially hard-hit if rates for terrorism insurances increase in the absence of TRIA. Additionally, insurance industry representatives argue that the federal backstop created by TRIA is still necessary for economic stability and to ensure that developers can get affordable insurance for new projects.

New York Vehicle Theft Down for 23rd Straight Year – NICB

From its peak auto theft year in 1990 when 187,591 vehicles were stolen, New York has experienced a significant decline ending 2013 with 15,482 thefts. That’s a reduction of 92 percent since 1990, according to the National Insurance Crime Bureau (NICB).

Construction Practice Group Content, Food & Beverage Practice Group Content, General Liability Insurance, Human Services Practice Group Content, Loss Control, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance

How These Companies Experience 48% Less Safety Incidents

Source: blogs.salesforce.com

I had the opportunity to listen to Tony Robbins speak for the first time this past month. He spoke for nearly 3 hours about the power of “engagement” and how it can help you gain a competitive edge in both your business and personal life. Being in risk management, he certainly got my attention when he rattled off a few statistics:

“Work units in the top quartile in employee engagement experience:

  • 48% fewer safety incidents

  • 41% fewer patient safety incidents

  • 41% fewer quality defects”

These companies also saw:

  • 25% to 65% less turnover (depending on industry)
  • 28% less shrinkage
  • 37% less absenteeism
  • 10% improvement in customer satisfaction
  • 22% in profitability
  • 21% in productivity

Source: State of the American Workplace – Gallup

It certainly makes sense, right? To put it simply happier employees are more likely to be focused and want to perform better. They’re also less likely to take advantage of their employer. But like me, you might have some questions such as, what exactly is “engagement”? How is it measured? How can I get it? When I got home I took a deep dive in to Gallup’s 70 page study on the subject. Like me, you might be shocked at some of the statistics within it.

Continue reading How These Companies Experience 48% Less Safety Incidents →

Construction Practice Group Content, Food & Beverage Practice Group Content, Human Services Practice Group Content, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance, Workers Compensation Premium Audits

Workers Comp Class Codes: Proper Use

Where your money goes when you select the wrong class codes.
One of the fundamental components of workers’ comp insurance pricing is the process of classifying different workplace exposures into a system of codes. Each workers comp code has an individual rate dependent on the risk of that exposure. A worker’s comp classification code for clerical work has a much lower rate than the worker’s comp codes for construction work. The reason being, the average exposures of those two types of employment are much different.
 
  • New York Code 5000 – Chimney Construction – Rate $29.05
 
  • New York Code 8810 – Clerical Office Workers – Rate $0.27
 
Yet, when you move into less obvious examples, the question of proper classifications becomes much more complex. Unfortunately, the use of an improper code is very easy and happens more than it should. Improper code use can be an expensive mistake for a business. It may end up costing them tens of thousands of dollars per year(sometimes hundreds). Some businesses spend years slotted in more expensive class codes.
 

Employers can use more than a single classification code on a policy

Employees group into their classifications and their payroll will vary accordingly. Sometimes small details can make a big difference in which classification code you use. Which, in turn, can make a big difference in rates and premiums. As a business owner, it is important to understand the codes which classify your employees. Be sure the definition includes the work they perform. To do this, you can use the links we provided at the bottom of this page. If your business operations change, you must re-visit your classifications.
 
When you make a mistake, it’s usually at the beginning of the policy year and not noticed until you receive the results of your worker’s comp audit. You’ll realize the increased premium even though your payroll stayed the same. The auditor, the broker, or the business owner may make the mistake.
 

When an Auditor Makes a Mistake

 
Sometimes an auditor will place employees in the wrong class code. This is unfortunately simple to do because there are several hundred class codes. Auditors often claim this is the fault of the business owner. They will often say the business owner did not provide enough information for proper classification. To make sure this doesn’t happen, someone from the company should stay with the auditor at all times. This ensures the auditor has enough information for the placement of employees into the proper class code. Handing over financial information to an auditor will almost always create a problem. After all, the worker’s compensation audit is designed for speed, performed by an outside firm that pays the auditor $150 or so per audit. That person wants to hurry to get in and out because time is money. Further insurance carriers by law have only a small window in which to perform this audit as mandated by state law. Finally, if they misclassify an employee it’s almost always in the carrier’s favor because the DEFAULT is to the highest-rated code.
 

When a Broker or Business Owner Makes a Mistake

 
By far the most common mistake a business owner or broker makes is putting too much payroll into clerical or outside sales codes. A general rule: if the employee who is classified into clerical has any interaction with customers, takes money from customers, or performs any job of the governing classification, they will move into the governing class at audit. This will cause the employer to suffer an unexpected cost for his/her worker’s compensation premium. These codes are abused and when it’s audit time it’s the auditors’ job to catch the abuse. Sometimes businesses forget to split their payroll into their general operations and clerical. This actually causes them to pay way more than they should.

 

Construction is Especially Important

 
For construction work, each distinct type of construction or erection operation at a job or location shall be assigned to the classification which specifically describes such operation provided separate payroll records are maintained for each operation. Any such operation for which separate payroll records ARE NOT MAINTAINED must be assigned to the carrier’s highest-rated classification. Applying to the job or location where the operation is performed.
 

The Bottom Line of Workers Comp Class Codes

 
The bottom line is to recognize that errors do occur, and they can be costly. But, by knowing what to look for, and not accepting every classification as correct, you can save significant amounts of money.
 
If you haven’t been doing this, worker’s compensation premium recovery (Comp Check) is something you should consider. It checks for class code errors, experience mod errors, and more. Comp Check runs on a contingency basis. Thus you don’t get charged unless we (1) find errors and (2) are successful in recovering money on your behalf. We can look back on three policy years. It’s a great tool to correct past errors, but it is limited to that. As Risk Managers, we of-course suggest you partner with someone (like us) that will help prevent the errors in the first place. If you rely on premium recovery, you are resigning yourself to splitting money that should be yours.

Workers Comp Class Code Lookups

You can look up your specific codes and see the history of rates for those codes:

 

Commercial Auto, Construction Practice Group Content, Food & Beverage Practice Group Content, Human Services Practice Group Content, Loss Control, Risk Management, Transportation Practice Group Content

How to Identify & Correct High Risk Drivers – An Intro to Best Practice Fleet Safety

If your organization relies on drivers as an integral part of day-to-day operations, you are probably aware of the extremely high risk that you are carrying. After all, motor vehicle crashes are the number one cause of workplace fatalities. While safety innovations continue to play a role in improving accident prevention and outcomes, fleet and safety managers must raise the bar when it comes to improving driver behavior. With litigation judgments and settlements often surpassing a million dollars, it simply makes good financial sense for companies to be more proactive on the fleet-safety front. But more importantly, each time you collect data, identify unsafe behaviors, and take time out to coach drivers and provide proper training, you could also be saving a life.

Motivated to improve your fleet safety, productivity, and efficiency? Here’s how:

Continue reading How to Identify & Correct High Risk Drivers – An Intro to Best Practice Fleet Safety →

Construction Practice Group Content, General Liability Insurance, Loss Control, OSHA, Other, Workers Compensation Insurance

Supervisors And Personal Protective Equipment

Supervisors are one of the most important components to a tight workers compensation program. If a hazard is reported in the workplace, it is the supervisor’s job to rectify it and do everything possible to protect his/her workers.

Hazards exist in every workplace in many different forms. For example, sharp edges, falling objects, flying sparks, chemicals, noise and a myriad of other potentially dangerous situations. The Occupational Safety and Health Administration (OSHA) requires that employers protect their employees from workplace hazards that can cause injury.

Controlling a hazard at its source is the best way to protect employees. Depending on the hazard, supervisors should use engineering or work practice controls first to manage or eliminate hazards to the greatest extent possible. For example, building a barrier between the hazard and the employees is an engineering control; changing the way in which employees perform their work is a work practice control.

Continue reading Supervisors And Personal Protective Equipment →

Construction Practice Group Content, Food & Beverage Practice Group Content, General Liability Insurance, Human Services Practice Group Content, Loss Control, OSHA, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance

How Do You Know if an Incident Must be Recorded on Your OSHA 300 Log?

9/19/14 UPDATE: [OSHA has issued a final rule requiring employers to notify OSHA when an employee suffers a work-related hospitalization, amputation, or loss of an eye. Under the revised severe injury rule, employers will be required to notify OSHA of work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours. Previously, OSHA’s regulations required an employer to report only work-related fatalities and in-patient hospitalizations of three or more employees. Reporting single hospitalizations, amputations, or lose of an eye was not required under the previous rule. The new rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go into effect on January 1, 2015 for workplaces under federal OSHA jurisdiction. The new rule maintains the exemption for any employer with 10 or fewer employees, regardless of their industry classification, from the requirement to routinely keep records of worker injuries and illnesses.]

————————

This is a question we get all the time. So we figured it was time for a blog post.

Employers are sometimes confused by the differences in what they need to report to their workers’ compensation carrier and what they need to record on their OSHA 300 log.

At Met Risk we recommend to our clients that you submit a First Report of Injury to us even if the employee needed only minor treatment. Having this “Incident Only” report will be helpful if the employee reports symptoms or needs treatment later on. Our Claims Advocates will also let you know if you need to report it to your workers compensation carrier or not.

However that does not mean everything needs to be recorded in your OSHA 300 log.

Continue reading How Do You Know if an Incident Must be Recorded on Your OSHA 300 Log? →

Construction Practice Group Content, Food & Beverage Practice Group Content, Human Services Practice Group Content, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance

How to Navigate Out of New Jersey’s Assigned Risk Plan

WHAT is Assigned Risk?

Most states require companies to effectuate a workers compensation policy in order to legally run their business. However, carriers can decide not to insure certain companies because of the risks associated with a company’s industry, poor claims history, and/or other workers compensation related factors. Every state offers some type of program that guarantees workers compensation coverage for all companies that cannot obtain coverage directly from the insurance carrier of their choosing. For New Jersey, the NJWCIP can assign certain insurance carriers to cover these undesirable companies through their “Assigned Risk Plan.” Every company in New Jersey that is eligible and applies to the Assigned Risk Plan is guaranteed a workers’ compensation policy. However, along with not having much control over the policy that is chosen for them, companies who are forced in to applying for Assigned Risk can be assessed an additional surcharge of anywhere from 15 to 35% of their premium. In other words, your company wants to avoid Assigned Risk!

Continue reading How to Navigate Out of New Jersey’s Assigned Risk Plan →

Construction Practice Group Content, Food & Beverage Practice Group Content, Human Services Practice Group Content, Loss Control, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance

Beating the Heat in the Dog Days of Summer

We have just entered the “Dog Days of Summer,” or in other words the hottest part of the year. While protecting yourself or your employees from heat exhaustion seems like common sense, about 675 people die in the U.S. every year due to heat-related illness (Center for Disease Control & Prevention). This is tragic since heat illness is nearly 100% preventable. So here we are to remind you of these important heat illness prevention methods.

Continue reading Beating the Heat in the Dog Days of Summer →