Top 5 OSHA Violations for 2021

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

Every year, Federal OSHA conducts thousands of inspections and issues costly citations to companies. So, it is imperative for business owners and safety managers to be aware of the most common citations and how to avoid them through effective safety programs.

Back in September 2021, Rancho Mesa highlighted the top Cal/OSHA citations issued during the 2019/2020 reporting period in podcast Episode 136.  Now that the 2021 Federal OSHA data is available, we can analyze the citations that were most common across the United States to see what’s changed and evaluate our safety programs to avoid being another statistic.

Although OSHA violations can be issued for numerous reasons, there are 5 citations that continue to show up on the list year after year, though their order may change slightly. 

1. Fall Protection, General Requirements (29 CFR 1926.501)
   This Standard outlines where fall protection is required, which systems are appropriate for given situations, the proper construction installation of safety systems, and the proper supervision of employees to prevent falls.  It is designed to protect employees on walking/working surfaces (horizontal or vertical) with an unprotected side or edge above 6ft.

   There were 5,295 fall protection violations in 2021. To help avoid fall protection citations, take advantage of Rancho Mesa’s fall protection resources like the online awareness course and safety videos, a webinar on how to implement a fall protection and prevention plan, along with a library of fall protection training shorts (i.e., tailgate talks) that are designed to reinforce the company’s policies.

2. Respiratory Protection, General Industry (29 CFR 1910.134)
   This standard directs employers on establishing or maintaining a respiratory protection program.  It lists requirements for program administration, worksite specific procedures, respirator selection, employee training, fit testing, medical evaluation, respirator use, cleaning, maintenance and repair.

   There were 2,527 respiratory protection violations in 2021. The best way to avoid these types of citations is through training and documentation. Rancho Mesa’s Personal Protection Equipment (PPE) for Management and Respiratory Protection courses address implementing and enforcing the PPE program and information the employee needs to know about their respiratory protection, respectively.

3. Ladders, Construction (29 CFR 1923.1053)
   This standard covers general requirements for all ladders.

   There were 2,026 ladder violations in 2021.  The RM365 Advantage Safety Star™ Program’s Ladder Safety module provides an in-depth practical overview of ladder safety from seasoned risk control experts.

4. Scaffolding, General Requirements, Construction (29 CFR 1926.451)
   This standard covers general safety requirements for scaffolding, which should be designed by a qualified person and constructed and loaded in accordance with that design.  Employers are bound to protect construction workers from falls and falling objects while working on or near scaffolding at heights of 10ft or higher.

   There were 1,948 scaffolding violations in 2021. Safety is everyone’s responsibility, so utilizing Rancho Mesa’s scaffolding online course and safety videos to provide a general awareness of best practices to all employees is a proactive way to help comply with OSHA regulation 29 CFR 1926.451.

5. Hazard Communication Standard, General Requirements (29 CFR 1910.1200)
   This standard addresses chemical hazards, both those chemicals produced in the workplace and those brought into the workplace.  It also governs the communication of those hazards to workers.

   There were 1,947 hazard communication violations in 2021.  Proper hazard communication in construction environments can save lives. Consider utilizing the variety of hazard communication resources in the Risk Management Center like online courses for both employees and management along with video training specific to hazard communication in construction environments and a sample Hazard Communication Program template.

Rancho Mesa knows these top five citations can be avoided by reviewing safety programs often and ensuring they are effective.  Clients can take advantage of the RM365 Advantage Safety Star™ Program that specifically addresses some of the most common citations.

To discuss your safety program, workers’ compensation or other insurance needs, contact me at (619) 937-0167 or sclayton@ranchomesa.com.

OSHA Posting and Submitting Guide

Author, Alyssa Burley, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

Rancho Mesa Insurance Services, Inc. would like to remind its clients that February 1, 2022 marks the start of the OSHA Form 300A Summary posting period. The OSHA Form 300A is a summary of the company's annual work-related injuries and illnesses. It must be posted from February 1, 2022 to April 30, 2022.

To learn more about maintaining all the OSHA logs, listen to Rancho Mesa's StudioOne™ podcast episode 168 where Alyssa Burley and Megan Lockhart discuss the Forms 300, 300A and 301.

REQUIRED TO POST

According to Cal/OSHA, “If your company had more than ten (10) employees at any time during the last calendar year, you must keep Cal/OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 14300.2.”

POST FORM 300A SUMMARY

The Form 300A Summary must be posted in a conspicuous place at each workplace, where notices to employees are usually displayed. Make sure that the posted annual summary is not altered, defaced, or covered by other material. Employers must send a copy of the summary to employees who do not report to the workplace on a regular weekly basis.

NO RECORDABLE INJURIES

Companies with no recordable injuries or illnesses in 2021 must post the OSHA Form 300A Summary with zeros on the “total” lines.

HOW TO GENERATE THE FORM 300A SUMMARY

Through Rancho Mesa's Risk Management Center, clients can generate the OSHA Form 300A Summary using the incident tracking feature. Individual employers are required to maintain the OSHA Forms 300, 300A and 301 throughout the year. So, when it is time to generate the Form 300A Summary, it can be printed from the Risk Management Center, as long as the employer has been documenting the information in the platform throughout the year.

To print the OSHA Form 300A Summary, login to the Risk Management Center and navigate to Incident Track. Ensure you have entered all your incident information, then go to the Reports section and choose the Form 300A Summary from the available list. You'll be able to choose the year and locations (Sites) that you want to print.

SUBMITTING THE FORM 300A SUMMARY TO FEDERAL OSHA

In addition to posting the Form 300A Summary in your workplace, the data must also be submitted to Federal OSHA by March 2, 2022. If you have entered your incident data into the Risk Management Center, you'll be able to generate the electronic .CSV file that is used to upload the data to the Federal OSHA website. Watch out short video on how to generate the electronic Form 300A Summary.

Data Entry and Generating the Electronic Form 300A Summary

There are some minor differences between Cal/OSHA and Federal OSHA requirements. Check with your state’s OSHA division for specific differences for your state.

Visit the California Recordkeeping Standard or Injury & Illness Recordkeeping Forms webpages for more information.

Revised 2022 COVID-19 Prevention Program Template Now Available

Author, Alyssa Burley, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

Rancho Mesa has revised its written COVID-19 Prevention Program Template based on the Emergency Temporary Standards (ETS) adopted by California’s Department of Industrial Relations Occupational Safety & Health Administration (Cal/OSHA) in December 2021 and effective as of January 14, 2022.

To access the revised template, clients can access the editable version from the Risk Management Center, or request to download the PDF, below.

The template is designed to assist organizations in the development of a COVID-19 Prevention Program that is specific to their organization and locations.  Rancho Mesa highly recommends organizations using this template also consult their state’s Occupational Safety & Health Administration and local Public Health Department for specific requirements for their area as requirements can vary from state to state and municipalities. For example, California’s Department of Public Health’s recent guidelines supersede some of the requirements in the ETS.

A discussion on the differences between the previous version and the current version can be found in Ep. 162

Remember, this template alone is not enough to be in compliance. It must also be adapted to each organization and specific locations, as well as implemented. Organizations’ programs may require additional information if the company provides employee housing.

For current COVID-19 information, visit www.RanchoMesa.com/covid-19.

Download COVID-19 Prevention Program Template

Revised COVID-19 Prevention Program Template

OSHA Issues ETS Addressing Mandatory COVID-19 Vaccination or Testing

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

Update: November 16, 2021 - Since the original publication of this article, OSHA announced it “has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

Recently, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new Emergency Temporary Standard (ETS) to protect more than 84 million workers from the spread of the coronavirus on the job.

Under the ETS standard, employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to be either vaccinated or undergo weekly COVID-19 testing and wear a face covering at work.

The emergency temporary standard covers employers with 100 or more employees and provides options for compliance.  The standard also requires employers to provide paid time to workers to get vaccinated and to allow paid leave to recover from any side effects from the vaccination.

The ETS requires employers to:

1. Determine the vaccination status of employees, obtain acceptable proof of vaccination and maintain records and a roster of each employee’s vaccination status.

2. Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis.  Employers must then remove the employee from the workplace, regardless of vaccination status. Employers must not allow them to return to work until they meet required criteria.

3. Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly (if the employee is in the workplace at least once a week) or within 7 days before returning to work (if the employee is away from the workplace for a week or longer).

4. Ensure that each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.

The ETS does not require employers to pay for testing.  However, employers may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements.  So, check with state and local jurisdictions for requirements.

The ETS is effective immediately upon its publication in the Federal Register, which took place on Friday, November 5, 2021.  Employers must comply with most requirements within 30 days of publication and with testing requirements within 60 days of publication, or January 4th of 2022.

While more than half of the states are challenging the legality of federal OSHA’s ability to enforce the new ETS requirements, it is likely that individual states with their own OSHA State Plans (i.e., Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming) will eventually adopt the new ETS as their own with or without modifications.

California’s State Plan (Cal/OSHA) implemented the most stringent COVID-19 ETS in the country months before federal OSHA released its original COVID-19 ETS that only applied to the health care industry.

Employers of all sizes should pay close attention to not only what federal OSHA’s ETS requires, but also requirements issued by state and local municipalities.  Once your state adopts a COVID-19 ETS, be sure to also check your local ordinances, as some counties and cities are requiring additional measures.

If your state has not yet adopted the new federal OSHA ETS, which applies to our California clients, we recommend you start thinking about a game plan and maybe an alternate plan depending on whether your State Plan decides to adopt the ETS as it has been published or if they decide to adopt a more stringent ETS. You will want to consider the following:

• Will you, as the employer, require all employees to be vaccinated?

• Who will manage the vaccination records and the ongoing paperwork?

• If testing is offered as an alternative to a vaccine, who will pay for testing (the employer or employee)?

• If testing is offered as an alternative to a vaccine, will the company specify which type of test will be acceptable (PCR or Antigen)? Either is allowed, but the antigen tests must be proctored by a medical professional (virtually is allowed) or witnessed by the employer (for the over-the-counter home test). Who will administer the weekly tests?

As we learn more, Rancho Mesa will provide guidance and resources to mitigate risk in the workplace.

For questions about mitigating your risks, contact me at (619) 937-0167 or sclayton@ranchomesa.com.

SB 606 Broadens Cal/OSHA’s Enforcement Reach

Author, Sam Brown, Vice President, Human Services Group, Rancho Mesa Insurance Services, Inc.

California Governor Gavin Newsom recently signed into law Senate Bill 606 (SB 606), greatly expanding Cal/OSHA’s enforcement powers and monetary penalty amounts. The new law will take effect January 1, 2022, so California employers have only a few months to tighten their safety practices or face steep monetary fines.

The new law could be especially damaging to employers with multiple worksites. SB 606 creates a rebuttable presumption that an employer with multiple worksites has committed an “enterprise-wide” violation, if Cal/OSHA determines either of the following is true:

• The employer has a non-compliant written policy or procedure.

• Cal/OSHA "has evidence of a pattern or practice of the same violation or violations committed by that employer involving more than one of the employer's worksites."

This change creates the possibility that a California employer adhering to a written program applicable to all locations can be cited for each California worksite.

Cal/OSHA will also have the authority to seek a temporary restraining order and an injunction against any employer suspected to have committed an enterprise-wide violation.

The far-reaching second part of the law states that if Cal/OSHA determines an employer has “willfully and egregiously” committed a violation, the employer may receive a citation “for each egregious violation” and “each instance of any employee exposed to that violation shall be considered a separate violation for purposes of the issuance of fines and penalties.”

The law details seven bases for “egregious” conduct. Proof of only one will be sufficient to justify a citation.

California employers must prioritize a full review of safety policies, procedures, and practices to reduce the likelihood of an “enterprise-wide” or “egregious” conduct violation. Cal/OSHA’s Consultation Branch offers free on-site visits to proactively address any potential violations.

 For helpful safety resources and compliance information, please contact me at (619) 937-0175 or sbrown@ranchomesa.com.

How Janitorial Firms Can Avoid OSHA Fines

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

Avoiding government standards in the janitorial industry can be costly in the event of an unexpected OSHA visit or after a serious injury. In an industry that generally has lean profit margins, OSHA fines could be detrimental to the stability of the business. Knowing the most common OSHA violations and protecting your business from them can help insulate your organization from costly fines while also keeping your company safe. Here are five of the most common OSHA violations in the janitorial industry and strategies to avoid potential fines.

Hazard Communication Standard:

A hazard communication standard requires that all cleaning businesses provide written information to their employees about hazardous chemicals used in the course of business and stored on site. The employer is required to label all chemicals with information relating to its hazard classification, and the employer must maintain safety data sheets (SDS) at each jobsite. In addition to having this information available, the employer is also responsible for training the employees on the proper handling of each chemical before they begin using it. Having a hazard communication standard in place can help you avoid an OSHA fine while also creating a safe work environment.

Proper Use of Personal Protective Equipment (PPE):

It is critical that all janitorial staff is trained on the proper use of PPE. PPE can help protect employees against harmful exposures that occur while performing their normal duties. Examples of PPE include gloves, masks, safety glasses, and back braces. Proper training on the use of PPE should be done with each employee and documented in their employee file. Supervisors should monitor the use of PPE by employees to ensure consistent use. If employees are seen not wearing the proper PPE for the task at hand, this should be addressed verbally, and in writing to minimize future injuries. Serious injuries and OSHA fines are avoidable if the proper use of PPE is taught and monitored.        

Slip, Trips, and Falls:

One of the most common injuries in the janitorial industry comes from slips and falls. Some falls can result in serious injuries, workers’ compensation claims, lawsuits, and OSHA fines. The most common slip and fall hazard is from wet floors, typically while mopping. These wet floors not only pose a problem for janitors, they are also a huge concern for the general public. Common ways to avoid these types of injuries include using caution cones to alert people of the wet surfaces, closing off areas that are being cleaned, and mopping areas after hours when there is less foot traffic. Using caution cones and proper signage can warn others of wet surfaces to avoid serious injuries and OSHA fines.

Bloodborne Pathogen Standard:

For those janitorial businesses that work within a healthcare setting, it is imperative that they follow the Bloodborne Pathogen Standard. This policy establishes an easy and safe way to handle blood and other bodily fluids. If you work in a setting where blood contact is common, it is important that you have the proper training. Otherwise, it could result in an OSHA citation.

Record Keeping:

Proper record keeping is critical if and when your firm is presented with an unexpected OSHA visit. Keeping updated records such as your injury & illness protection program, safety data sheets, documented employee training, and employee handbooks can help avoid common administrative fines.

Organizing and implementing these strategies can be overwhelming for many janitorial companies that may not have the resources for full-time human resources directors and/or safety coordinators. Through the Risk Management Center, Rancho Mesa and MaintenanceOne™ offers clients the tools and programs that can proactively manage these risks and the documentation required to be prepared when OSHA knocks on your door. Reach out Jeremy Hoolihan at jhoolihan@ranchomesa.com or 619-937-0174 to learn more about how we can assist you.

Top Five OSHA Citations the Tree Care Industry Should Avoid

Author, Rory Anderson, Account Executive, Rancho Mesa Insurance Services, Inc.

Every year, Federal OSHA conducts hundreds of inspections and issues costly citations to tree care companies. Although the Occupational Health OSHA citations can be issued for many reasons, there are five specific citations that continually plague the tree care industry every year.

1. Violation of standard 1910.132, PPE General Requirements
Employers of tree care companies can be cited for a violation if they fail to assess the workplace hazards, don’t provide personal protective equipment and fail to train employees on when and how to use it.

• Average penalty: $1,300

2. Violation of standard 1910.1200, Hazard Communication
This citation is served if the employer lacks a hazard communication program for hazardous substances such as gas or hydraulic fluid periodically encountered in the tree care workplace.

• Average penalty: $454

3. Violation of standard 5(a)(1), OSHA General Duty Paragraph
This is when an employer fails to provide a workplace free of recognized hazards. OSHA did not have a standard to describe the hazards specifically encountered in the tree care industry, but general duty citations usually cite passages from the ANSI Z133 standard.

• Average penalty: $2,992

4.Violation of standard 1910.67, Vehicle-mounted Elevating and Rotating Work Platforms (e.g., bucket trucks and aerial lifts).
This citation can be issued if the employer fails to provide fall protection for the lift operator or fails to properly inspect the lift.

• Average penalty: $3,325

5. Violation of standard 1910.135, Head Protection
This citation occurs when the employer fails to ensure that employees wear hard hats when required.

• Average penalty: $1,262

As a tree care company, it is important that employee trainings routinely cover these five topics. While the standard safety training topics for the tree care industry are impactful (e.g., fall protection, chainsaw safety, etc.) and vital to your company’s safety success, these top five OSHA citations should be considered a high priority for regular review.

Access these specific trainings from our Risk Management Center library. If you’re not a Rancho Mesa client, please contact me at (619) 486-6437 or randerson@ranchomesa.com for a free Risk Management Center trial.

ANSI Releases New Mobile Elevating Work Platforms Standards

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

Last year, the American National Standards Institute (ANSI) updated their aerial lift standard, starting with renaming it Mobile Elevating Work Platforms (MEWP). This has been in the works since 2018 and is designed to align training, certifications, and equipment used on a more universal standard. According to the Center for Construction Research and Training (CPWR), roughly 26 people die from MEWP each year. This prompted the Occupational Safety and Health Administration (OSHA) to increase training requirements to keep accidents to a minimum. Obviously, MEWP are essential for completing a wide variety of construction jobs. So, what should you, as a business owner, be doing to ensure your employees are safe and in compliance when OSHA comes by your jobsites?

MEWP are prone to tipping over on uneven ground and in inclement weather conditions, if equipment is extended out. The most common cause of the MEWP tipping over is driving it over uneven surfaces. Understandably, many contractors rush to complete projects but moving extended lifts can be the easiest way to have a serious accident. Alternatively, taking proper time to lower a lift before moving it leads to fewer serious accidents.

Identifying exposures and objects that conflict with a lift’s surroundings is also of great concern for lift operators. A very common occurrence involves employees being pinned between the lift and an object. It is easy to become fixated on either the ground or the direction the lift is moving and ”miss” objects that could be hazardous as you are raising and lowering the lift. Allowing for time to plan ahead and move the machinery safely is immensely important.

Many of these new requirements are focused on teaching proper equipment use and creating an awareness of the changes to new equipment in the marketplace. Inherently, these machines are dangerous but necessary. So, maintaining a respect for them and understanding how to properly use them is vital. Lift use trainings, techniques, and protocol are available through our Risk Management Center and are compliant with the new ANSI/SAIA A92.20, A92.22, and A92.24 standards that were just released, last year.

Please reach out to me at ccraig@ranchomesa.com or call at 619-937-0164 for more information, or for help assigning the trainings.

Californians Wait for Revised COVID-19 Prevention Emergency Temporary Standards

Author, Alyssa Burley, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

Over the past few weeks, Californians have eagerly awaited news from the State’s Occupational Safety and Health Standards Board (Standards Board) on revisions to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards after the Centers for Disease Control (CDC) released its latest guidance that ease mask wearing for those who are fully vaccinated.

On June 3, 2021, the seven-member Standards Board first voted to deny a revised set of standards that would place additional requirements on business owners and most notably prevent fully vaccinated employees from being able to take off their masks in the workplace if everyone in the room was not vaccinated. However, in the same meeting, the Standards Board voted a second time which led to the approval of the revised standards which were set to go into effect no later than June 15, 2021 when the State is scheduled to fully reopen.

With pressure from businesses, community groups and California Governor Gavin Newsom, the Standards Board held an emergency meeting on June 9, 2021, where they unanimously voted to rescind the proposed standards previously approved on June 3, 2021.

If all of this sounds confusing, you are not alone.

As of the publication of this article on June 15, 2021, business owners should be following the COVID-19 Prevention Emergency Temporary Standards that were adopted in November 2020 and May 3, 2021’s Executive Order N-84-20 which allows for fully vaccinated people who have been exposed to a COVID-19 case, but show no symptoms, to remain in the workplace. Rancho Mesa has created a COVID-19 Prevention Plan template based on those requirements. It is available for download.

The Standards Board is scheduled to meet on June 17, 2021 where it is expected they will propose new standards that are more in line with the CDC’s masking recommendations. The agenda provides information on how to attend the virtual meeting.

When changes are made to the COVID-19 Prevention Emergency Temporary Standards, Rancho Mesa will update its COVID-19 Prevention Plan template and make it available to the public.

Stay up to date on this issue and others that affect California businesses by subscribing to our weekly Risk Management Newsletter and podcast.

Implementing an Effective Fall Safety Program Can Have Serious Impacts

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

Year after year, falls are among the leading type of workers’ compensation claims and generate the highest claim costs. They account for multiple infractions on the top 10 most frequently cited standards, according to the Occupational Safety and Health Administration. How can you, as a business owner, control your exposure and keep your employees productive and healthy?

Prevention

According to the Centers for Disease Control, “27% of the 900,380 nonfatal work injuries resulting in days away from work in 2018 were related to slips, trips, and falls.” That’s a shockingly large number especially when 100% of falls are preventable if you take the time to plan, according to the National Safety Council (NSC). The NSC recommends:

• Walking a job before employees get there to ensure proper set up is achievable with the equipment you are bringing for that job.

• Pay attention to environmental conditions such as wind, rain, or excessive heat.

• Check your equipment frequently to ensure nothing is worn down or damaged.

• Make sure employees are wearing the proper foot wear and other Personal Protective Equipment (PPE) items required for the individual job needs.

Having employees working on ladders or scaffolding is essential for some jobs, and fortunately is a risk you can control. In addition to evaluating the work site, the equipment, the environmental factors, and PPE needed, you should also evaluate the health and fitness of all employees. Factors to consider should include the employee’s:

• Experience

• Fitness level

• Age

Height Matters

A fatal fall can happen at almost any height. According to the NSC, only 16% of fatal falls in 2016 occurred as a result of a fall from over 30 feet; however, 53% of fatal falls that year resulted from below 20 feet. Given this data, best practices would dictate that construction companies should step back and reevaluate the safety procedures they have in place and determine if any changes need to be made, particularly for jobs that are considered the lower heights.

RM365 Advantage Safety Star™ Program

To get your employees properly trained, we recommend enrolling in our RM365 Advantage Safety Star™ program that includes Fall Prevention training. This program includes fundamental safety topics that allows your foreman or key management team to go through internet-based safety trainings and earn their Safety Star certification. This program has shown to improve safety while helping to reduce your workers’ compensation premiums. Register to start your RM365 Advantage Safety Star™ program, today.

Rancho Mesa understands the exposure our clients face on a daily basis and can help implement safety procedures to mitigate these risks. Underestimating a project’s risk or undertraining employees is an exposure you can address.

If you would like help in reviewing your safety protocols and procedures or if you have further questions, do not hesitate to reach out to me at (619) 438-6900 or email me at ccraig@ranchomesa.com.

Cal/OSHA 300A Form Posting Begins February 1st

Originally published January 22, 2019.

Author, Lauren Stumpf, Media Communications Assistant, Rancho Mesa Insurance Services, Inc.

Rancho Mesa Insurance Services, Inc. would like to remind its clients that February 1, 2021 marks the start of the Cal/OSHA Form 300A posting period. The Cal/OSHA Form 300A is a summary of the company's annual work-related injuries and illnesses. It must be posted from February 1, 2021 to April 30, 2021.

The 300A Form must be posted in a conspicuous place at each workplace, where notices to employees are usually displayed. Make sure that the posted annual summary is not altered, defaced, or covered by other material. Employers must send a copy of the summary to employees who do not report to the workplace on a regular weekly basis.

Companies with no recordable injuries or illnesses in 2020 must post the Cal/OSHA Form 300A with zeros on the “total” lines.

According to Cal/OSHA, “If your company had more than ten (10) employees at any time during the last calendar year, you must keep Cal/OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 14300.2.”

Through Rancho Mesa's Risk Management Center, clients can generate the Cal/OSHA Form 300A using the incident tracking feature, within the system. The form may also be printed and manually completed.

Click here for the fillable Cal/OSHA 300A Form provided by CA.gov. 

Visit the California Recordkeeping Standard page for more information.

CAL/OSHA Adopts Written COVID-19 Prevention Plan

Author, Emily Marasso, Media Communications Assistant, Rancho Mesa Insurances Services, Inc.

On November 19, 2020, California’s Occupational Safety and Health Administration (Cal/OSHA) Standards Board adopted temporary emergency standards to protect workers from COVID-19. These standards are expected to go into effect November 30, 2020, upon approval from the Office of Administrative Law.

Now, what does this mean for California employers? It means employers must have a written COVID-19 Prevention Plan. This written plan must include and address specific key points outlined by Cal/OSHA. These standards require employers to establish a system for communicating information about prevention, positive cases to employees, how cases will be identified and evaluated, a process for investigation and responding to cases, correction of hazards, training, physical distancing requirements, face covering, site-specific controls, reporting/recordkeeping and access, preventing the spread of the virus to other employees and a defined return-to-work criteria after a COVID-19 recovery.

Rancho Mesa Insurance has developed a COVID-19 Prevention Plan template for its clients to assist in the implementation and compliance of the new standards. Updated versions may become available as the standards are approved by the end of the month.

In addition, Rancho Mesa’s Risk Management Center offers additional tools employers can utilize to make sure they are in compliance with the new standards. Track daily COVID-19 symptoms in the Audit Track screen and deploy free online COVID-19 training for all employees from any mobile device. Our library of COVID-19 resources continues to grow and is available for our clients to access from the Risk Management Center and the RM365 HRAdvantage Portal™.   

For information on how to access these resources, please reach out to your Client Services contact.

Download COVID-19 Prevention Plan Template

Download COVID-19 Prevention Plan Template

AB 685 Creates New Notice and Reporting Requirements

Author, Sam Brown, Vice President of the Human Services Group, Rancho Mesa Insurance Services Inc.

On September 17th, 2020 Governor Gavin Newsom signed into law Senate Bill 1159 (SB 1159) and Assembly Bill 685 (AB 685), both COVID-19 related bills.

Both pieces of legislation will impact how employers respond to incidents of COVID-19 infections. This article will help business owners and officers understand AB 685’s heightened occupational health and safety rules. Employers also need to understand how AB 685 grants California’s Occupational Safety and Health Administration (Cal/OSHA) greater enforcement powers.

Posting Requirements

AB 685 requires California employers to provide the following four notices within one business day of being informed of a potential COVID-19 exposure:

1. Provide a written notice to all employees, and to the employers of subcontracted employees, who were at the same worksite within the infectious period, notifying the employee that they may have been exposed to COVID-19. It must be reasonable to assume the employees will receive the notice within one day, whether that is through email, text, or written notification.

2. If the employee population includes represented employees, then the employer must also send notice to the exclusive representative of the affected bargaining unit.

3. The employer must also provide notice of any COVID-19 related benefits or leave rights under federal, state, and local laws, or in accordance with employer policy. The employer must also notify employees of their protections against retaliation and discrimination. 

4. The employer must notify all employers, the employers of subcontracted employees, and any exclusive representative, of the employer’s plan to complete a disinfection and safety plan in accordance with federal Centers for Disease Control guidelines.

Employers are required to maintain records of these notices for at least three years. Failure to comply with the notice requirements may result in a civil penalty.

If an employer learns of an “outbreak” as defined by the California Department of Public Health (“CDPH”), the employer must also notify the appropriate public health agency within 48 hours with the names, occupation, and worksite of any “qualifying individuals” related to the “outbreak.”

Two exceptions to the notice and reporting requirements:

1. Health facilities as defined in Section 1250 of the Health and Safety Code, are not required to report an “outbreak” within 48 hours.

2. The notice requirements do not apply to exposures by employees whose regular duties include COVID-19 testing and screening, or care to individuals who have or who are suspected to have COVID-19, unless the “qualifying individual” is also an employee at the same worksite.

Authorized Shutdown

Under AB 685, if Cal/OSHA determines that a workplace or operation within a workplace exposes employees to a risk of COVID-19 infection, creating an imminent hazard to employees, Cal/OSHA is authorized to prohibit entry to the workplace or the performance of operation in question.

If your organization would benefit from guidance on these new employer requirements, please contact Rancho Mesa Insurance at (619) 937-0175.  

Sources:

https://www.lcwlegal.com/news/governor-newsom-signs-sb-1159-and-ab-685-into-law-impacting-covid-19-related-workers-compensation-coverage-and-creating-new-notice-and-reporting-requirements-related-to-covid-19-workplace-exposures

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB685

SB 1159 Is Now Workers’ Compensation Law

Author, Dave Garcia, President, Rancho Mesa Insurance Services, Inc.

As expected, California Governor Newsom signed Senate Bill 1159 (SB 1159) into law Thursday, September 17, 2020 and it will have several impacts on workers’ compensation and the presumption of the claim. Below is an outline of some of the more important elements of SB 1159. In simple terms, just remember three numbers, 4/4/14 - I’ll explain, later. Additionally, these rules will continue, unless modified, until January 2023. So, SB 1159 may be around for a while.

If an “outbreak” occurs, for the presumption of the claim to rest with the employer (meaning it will be presumed the person testing positive for COVID-19 contracted it at work and is therefore eligible for workers’ compensation benefits), there are several factors that need to be meet for that to occur.

If the employer has fewer than 100 employees and 4 employees test positive, or if the employer has more than 100 employees and 4% of their total employees test positive, during a 14-day period at an employer’s specific location, the COVID-19 case is presumed to be work-related. Thus, the 4/4/14 rule. When in doubt, call your workers’ compensation carrier and discuss the specific situation. They will help you determine whether or not it is a workers’ compensation claim. 

Rob Darby, President of Berkshire Hathaway Homestate Companies, the second largest writer of workers’ compensation insurance in California and I discuss SB 1159 in a recent StudioOne™ Safety and Risk Management Network podcast episode “SB 1159 Impacts Workers' Comp Market.” A week before Governor Newsom signed the bill, Rob and I discussed the impacts of the bill to get an early insight. Take a listen - I think you will find it useful.

Now comes possible confusion with SB 1159. What is considered an outbreak? What is the definition of a specific location?

Outbreaks

The section of the law (Labor Code 3212.88) applies to any employee other than frontline workers and healthcare workers who test positive during an “outbreak” at the employer’s place of business, if the employer has 5 or more employees.

COVID-19 is presumed work-related if an employee worked at the employer’s place of business at the employer’s direction on or after July 6, 2020 and both the following elements are met:

• The employee tested positive for COVID-19 within 14 days after working at the employer’s location.

• The positive test occurred during an “outbreak” at the employer’s specific location.

An “outbreak” is defined as a COVID-19 occurrence at a specific employment location within a 14-day period AND meets one of the following:

• If an employer has 100 employees or less at a specific location and 4 or more employees test positive for COVID-19;

• If an employer has more than 100 employees at a specific location and 4% of the employees test positive for COVID-19;

• The local public health department, State California Department of Public Health or Occupational Safety and Health Administration (Cal/OSHA) or school superintendent orders the specific place of employment to close due to risk of COVID-19 infection.

A specific location or place of employment is a building, store, facility or agricultural field where an employee performs work at the employer’s direction. An employee’s home is not considered a specific place of employment unless the employee provides home health care services to a client at the employee’s home. An employee may have more than one specific place of employment, if they worked in multiple locations within the 14-day period before their positive test.

There is a 45-day timeframe to determine if a positive COVID-19 case meets the above standard.

Outbreak Reporting Requirements

When an employer knows or reasonably should know that an employee has tested positive for COVID-19, they must report the incident to their workers’ compensation carrier.  They should be prepared with the following information to give the carrier.

• The fact that an employee has tested positive, regardless if work-related or not.

• Employers should not include any personal information regarding the employee who tested positive for COVID-19 unless the employee asserts it is work-related or files a claim form.

• The date the specimen was collected for the employee’s COVID-19 test.

• The specific address or location of the employee’s place(s) of employment during the 14-day period preceding the date the test specimen was collected.

• The highest number of employees who reported to work at the specific location(s) in the 45-day period before the last day the COVID-19 positive employee worked there.

It best practices to follow all local, state and federal guidelines for safe workplaces. However, even with the best intentions and precautions, COVID-19 may accidentally spread to employees. Again, when in doubt, report an employee COVID-19 case to your workers’ compensation carrier and allow them to determine how to proceed.

For questions about SB 1159 and how it with affect your organization’s workers’ compensation, contact your broker or reach out to Rancho Mesa at (619) 937-0164.

Court Agrees Temporary COVID-19 Standards Are Not Needed

Author, Emily Marasso, Media Communications Assistant, Rancho Mesa Insurance Services, Inc.

On June 11th, 2020, the D.C. Circuit Court denied the American Federation of Labor and Congress of Industrial Organizations’ (AFL-CIO) lawsuit against the Occupational Safety and Health Administration (OSHA) for not issuing an emergency temporary worker safety standard due to COVID-19.

As a volunteer labor union group that works to improve the lives of the U.S. workforce, the AFL-CIO wants OSHA to issue a temporary worker safety standard addressing the risks of COVID-19 in the workplace. However, an Emergency Temporary Standard is authorized by OSHA under certain limited conditions. It must be determined that workers are in danger of exposure to toxic substances or agents that can be physically harmful. Plus, a temporary standard then serves as a proposed permanent standard.

The D.C. Circuit Court denied the lawsuit against OSHA due to the fact that government officials are learning new information about COVID-19 weekly, if not daily. An appropriate response to the union’s concern is not a fixed rule, at this time. And, a standard specific to COVID-19 would likely not need to become a permanent standard in the future.

Furthermore, the U.S. Department of Labor states, "We are pleased with the decision from the D.C. Circuit, which agreed that OSHA reasonably determined that its existing statutory and regulatory tools are protecting America's workers and that an emergency temporary standard is not necessary at this time.”

While a new standard to combat COVID-19 isn’t necessary because of existing standards, OSHA has provided many resources for employers to assist in maintaining worker safety. Their “Guidance on Preparing Workplaces for COVID-19” provides information on the virus, how it could affect a workplace, steps employers can take to reduce the risk to employees, and additional services and programs available to employers. The “Guidance on Returning to Work” offers steps for reopening, applicable OSHA Standards, and a frequently asked questions section. In addition, employers can find news updates and resources on OSHA’s COVID-19 webpage.

OSHA Recording Requirements for COVID-19 Cases

Author, Alyssa Burley, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

As businesses begin to reopen across the country, employers are now faced with the real possibility that one or more of their employees may be diagnosed with COVID-19. Those who are familiar with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recording requirements may be wondering how to handle an employee COVID-19 case on their OSHA logs.

California’s Division of Occupational Safety and Health (better known as Cal/OSHA) has released information for employers on the subject and it appears they are using their existing criteria for determining the recordability of an employee COVID-19 case.

According to Cal/OSHA, “California employers that are required to record work-related fatalities, injuries and illnesses must record a work-related COVID-19 fatality or illness like any other illness.” To be recordable on the 300, 300A and 301 forms, the COVID-19 case must be work-related and result in one of the following:

• Death.

• Days away from work or transfer to another job.

• Medical treatment beyond first aid.

• Loss of consciousness.

• A significant injury or illness diagnosed by a physician or other licensed health care professional.

The criteria that most employers may have a hard time determining is if the COVID-19 illness is actually work-related. Cal/OSHA addresses this in its Frequently Asked Questions webpage. First, the employer must determine if there was “an event or exposure in the work environment [that] either caused or contributed to” the COVID-19 case.

In order to determine if a case is work-related, employers should consider factors like:

• The type and duration of contact the employee had at work with other people including co-workers and the general public.

• With the implementation of physical distancing and other controls within the workplace, what is the likelihood of exposure?

• Did the employee come in contact with anyone showing signs and symptoms of COVID-19, while working? 

These considerations will help an employer determine whether or not the COVID-19 case is work-related and thus recordable. According to Cal/OSHA, it is best practices to err on the side of recordability when in doubt about how an employee was exposed to COVID-19.

If it is determined that an employee’s illness was work-related, yet, for a variety of reasons testing or the results from a test is unavailable and the employee has been determined to have COVID-19, “an employer must make a recordability determination” as to whether or not to record the case. While a positive COVID-19 test result would trigger recordability by the employer, a positive test is not always necessary to record the case in the OSHA logs.

Keep in mind, the above information is for OSHA recording of work-related COVID-19 cases only, which may be different from guidance for workers’ compensation claims.

Cal/OSHA states that “Governor Newsom’s Executive Order N-62-20 addresses eligibility for workers’ compensation benefits... The Order does not alter employers’ reporting and recording obligations under Cal/OSHA regulations.”

Rancho Mesa’s Risk Management Center offers employers the ability to track their COVID-19 cases electronically and generate the applicable OSHA 300, 300A and 301 forms along with an incident report and First Report of Jury (Form 5020).

To learn more about the Risk Management Center, contact our Clients Services Department at (619) 438-6869.

Cal/OSHA Updates: AB 1805 Changes Definition of Serious Injury or Illness

Author, Emily Marasso, Media Communications Assistant, Rancho Mesa Insurance Services, Inc.

For reporting purposes, California Assembly Bill 1805 (AB 1805) outlines new definitions for what is considered a serious injury or illness. These changes were made to bring California’s laws more in line with Federal OSHA reporting standards. The changes include:

• Employers must now report all inpatient hospitalizations (regardless of the length of stay), unless the inpatient hospitalization is for medial observation or diagnostic testing.

• The phrase “loss of any member of the body” has been changed to “amputation” or the “loss of an eye” as needing to be reported.

• Workplace violence resulting in a serious injury, illness, or death that falls under the Penal Code are now considered reportable.

• Serious injury or death caused by an accident occuring in a construction zone on a public street or highway must now be reported.

• A “serious exposure” is now “any exposure of an employee to hazardous substances when the exposure occurs as a result of an incident, accident, emergency, or exposure over time and is in a degree or amount sufficient to create a realistic possibility death or physical harm in the future could result from the actual hazard created by the exposure.”

As of January 1, 2020, the changes to AB 1805 are in effect. Make sure your human resources, safety manger, and supervisors are aware of these changes and start the New Year off on the right foot.

OSHA Penalties Increase in 2020

Author, Lauren Stumpf, Media Communications Coordinator, Rancho Mesa Insurance Services, Inc.

On January 15, 2020 the Federal Register published the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020. This final rule increases civil penalties the Department of Labor assesses including those issued by the Occupational Safety and Health Administration (OSHA) based on workplace inspections and potential violations of safety and health standards. The rule is effective January 15, 2020. Beginning January 16, 2020 OSHA civil penalties will increase.

The new 2020 maximum OSHA penalties are as follows:

• Serious violation: $13,494 (increased from $13,260)

• Other-than-Serious violation: $13,494 (increased from $13,260)

• Repeat violation: $134,937 (increased from $132,589)

• Willful violation: $134,937 (increased from $132,589)

• Each failure to correct the violation: $13,494 (increased from $13,260)

• Each posting requirement violation: $13,494 (increased from $13,260)

For more information about the OSHA Penalties, visit https://www.osha.gov/penalties.

Cal/OSHA Updates: AB 1804 Changes How Injuries and Illnesses Are Reported

Author, Emily Marasso, Media Communications Assistant, Rancho Mesa Insurance Services, Inc.

As of January 1, 2020, California Assembly Bill 1804 (AB 1804) changed how an employer reports a serious employee injury or illness to Cal/OSHA. The bill removes the option to submit the report via email and replaces it with an “online mechanism,” according to Labor Code section 6409.1 (b). Reports may continue to be made via phone.

Until Cal/OSHA implements an online mechanism for collecting serious injury and illness reports like Fed/OSHA, emailed reports will be accepted. However, reports submitted by phone are always recommended over an emailed report. Reports submitted via phone or an online mechanism allows Cal/OSHA to ensure vital information is collected that is necessary to evaluate the seriousness of the injury or illness.  

Cal/OSHA has not provided an estimated implementation date for the online report submission option.

As a reminder, California employers are required to report serious injury or illness of employees immediately. Serious injuries or illnesses must be reported as soon as practically possible. Deaths must be reported within 8 hours. All other injuries or illnesses must be reported once the employer learns of or should have known of the serious injury or illness.

2020 Promises Growth for Contractors but With a Twist

Author, Kevin Howard, C.R.I.S., Account Executive, Rancho Mesa Insurance Services, Inc.

Based on a recently published survey from the Associated General Contractors of America, 80% of contractors predict growth in 2020…but there is a twist. There is a major labor shortage.

The current California Unemployment Rate, is a staggeringly low 3.9% compared to an unbearable 12% during the 2008 recession. As Californians, this statistic is music to our ears. However, for construction owners, the demand to hire skilled workers from an extremely shallow workforce pool has created a need for Best Practices hiring strategies paired with enhanced methods of retaining employees.

As a 13-consecutive year Best Practices Agency, Rancho Mesa provides resources to equip our clients with strategies and methods to enhance human resources strategies. These efforts lead to broader protection from insurable risk.

We are excited to partner with Equal Parts Consulting on February 6, 2020 for a seminar that will equip businesses with the needed methods for this economic environment. Attendees can look forward to the following topics and discussions below:

• Strategies and best practices to create an easy to implement hiring process that aligns with your company’s culture.

• Effective ways to assess and evaluate talent to ensure they are aligned with your company purpose, values, and culture.

• Uncover some of the most important things your business can do to attract and retain the right talent for your culture.

Our goal is to help our contractor clients map out a game plan that will help retain talent, search for needed key employees and create a successful 2020 and beyond. Please feel free to contact me with any questions, at (619) 438-6874.