As many of us know; all employers are required to keep OSHA Form 300 (Injury and Illness Log) records throughout the year and must post Form 300A. This annual summary of job-related illness and injuries, must be posted in the workplace by February 1, 2018. The OSHA 300-A from should be posted in common areas, comparable to locations of labor and employment posters, workers compensation certification and paid family leave certification (break rooms, meeting rooms, kitchens, etc.). The summary must include the total number of job-related injuries and illnesses that occurred in 2017.
Areas to remember:
- Posting Period: The posting period starts on February 1, 2018 and ends on April 30, 2018.
- What is a Form 300A: The form reports a business’s total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on the OSHA Form 300. The information posted should also include the number of employees and the hours they worked for the year. No recordable illnesses or injuries? However, an organization must still post the form, with zeroes on the appropriate lines.
- Helpful Links:
OSHA Injury and Illness Recordkeeping and Reporting Requirements
Injury & Illness Recordkeeping Forms
OSHA Recordkeeping Advisor
Partially Exempt Industries List
“The Trump administration continues to look for ways to lessen the regulatory burden on employers. As a result, the Occupational Safety and Health Administration’s (OSHA) electronic recordkeeping regulation continues to be whittled down. OSHA’s latest Regulatory Agenda sets out new changes to the already beleaguered rule. Specifically, OSHA intends to propose to amend the Electronic Recordkeeping rule to eliminate the requirement that establishments with 250 or more employees submit OSHA 300 Logs and 301 forms. Instead, two types of establishments would continue to submit 300A summary forms: (1) establishments of 250 or more employees; and (2) establishments with between 20 and 249 employees in the high-hazard industries listed in Appendix A to the regulation. Employers with establishments meeting these criteria electronically submitted OSHA 300A summaries with 2016 data on or before December 31, 2017 and will submit their calendar year 2017 summaries by July 1, 2018. Beginning in 2019, and every year thereafter, covered establishments must submit the information by March 2.”[i]
As we see with many of the HR laws and regulations, OSHA is continuing to evolve and change under the new administration. Ensure that you are monitoring for recent or upcoming changes and posting as required under the federal and state law. Public sector rules will vary as well. If you have questions, seek guidance. Safety rules and regulations can be complex, just as HR laws and regulations are.
A new year brings new changes to our organizations, employment relationships, laws, regulations, handbooks and policies. As more states continue to pass state specific legislation, we need to ensure that our handbooks and labor posters are updated accordingly.
Below are 5 areas to watch related to employee handbooks:
- Workplace Conduct and Social Media: Under the new administration, we could see more flexibility in social media policies (pro-employer). Social media is a concern in many organizations, ensure that your policy is legal, up-to-date and not overreaching.
- Arbitration Agreements: There are multiple lawsuits in federal courts related to employer arbitration agreements. These decisions can impact our organizations. I have not implemented arbitration agreements. However, they are growing in popularity.
- Sexual Harassment/Harassment Policies: This speaks for itself. California and Maine have modified their current laws related to sexual harassment, we could see significant changes in New York State, as stated by the Governor recently. Ensure that there is a zero-tolerance and retaliation policies in place, and all employees are trained on current policies and procedures. Organizations need to be proactive and not reactive to issues.
- Parental Leave: Paid Family Leave was effective January 1, 2018. Ensure that you have updated policies and handbook language to reflect this significant legislative change. The state has a website full of information to utilize as we move forward in 2018.
PFL Resource Page
Model Language for Employer Material
- Disability and Other Accommodations: Review language related to the ADA, FMLA and medical marijuana. Medical marijuana law(s) continues to evolve. “In 2017, several courts ruled that registered medical marijuana users who were fired or passed over for jobs because of their medicinal use could bring claims under state disability laws.”[i]
As laws continue to evolve, now is the time to review handbooks, policies and procedures. If you are unclear on a path-forward or what to look for, seek guidance. Do not assume a Google search will provide legal and accurate information, draft handbook language or valid training material.
2018 IRS Mileage Rate:
“Beginning on Jan. 1, 2018, the standard mileage rates for the use of a car (also a van, pickup or panel truck) will be:
- 5 cents for every mile of business travel driven, up 1 cent from the rate for 2017.
- 18 cents per mile driven for medical or moving purposes, up 1 cent from the rate for 2017.
- 14 cents per mile driven in service of charitable organizations, unchanged from 2017.”[ii]
Mandatory State Labor Law Poster Changes Effective January 2018:
- Alaska— Minimum Wage, effective Jan. 1, 2018
- Arizona— Minimum Wage, effective Jan. 1, 2018
- California— Transgender Rights, effective Jan. 1, 2018, Discrimination, Jan. 1, 2018
- Colorado— Minimum Wage, effective Jan. 1, 2018
- Florida — Minimum Wage, effective Jan. 1, 2018
- Hawaii — Wage and Hour Laws, effective July 10, 2017, OSHA, effective Jan. 1, 2018
- Maine — Minimum Wage, effective Jan. 1, 2018
- Minnesota–– Minimum Wage, effective Jan. 1, 2018
- Missouri— Minimum Wage, effective Jan. 1, 2018
- Montana— Minimum Wage, effective Jan. 1, 2018
- Nevada — Rules to Observed by Employers, effective July 1, 2017
- New Jersey— Minimum Wage, effective Jan. 1, 2018
- New York— Minimum Wage, effective Dec. 31, 2017
- North Carolina — Wage and Hour Notice to Employees, effective Dec. 31, 2017
- Ohio— Minimum Wage, effective Jan. 1, 2018
- Rhode Island — Minimum Wage, effective Jan. 1, 2018
- South Dakota — Minimum Wage, effective Jan. 1, 2018
- Vermont— Reasonable Accommodations for Pregnancy, effective Jan. 1, 2018
- Washington— Minimum Wage, effective Jan. 1, 2018, Your Rights as a Worker, Jan. 1,2018
As always-if you feel uncertain or want an extra set of eyes, finding a consultant or strategic legal partner is a good idea. For more information about these subjects, click on the links here or reach out to schedule a meeting and consultation.
-Matthew W. Burr
In late December 2017, the IRS announced an extension for employer’s providing Affordable Care Act forms to employee’s. As the future of the Affordable Care Act is still undecided, employers should be proactive in distributing and communicating information to the workforce.
Below are 4 updates for the ACA:
- Extension: The IRS extended the date to March 2, 2018 to distribute the 2017 forms to employees. This is a 30-day extension to the regularly scheduled date of late January 2018.
- Penalty: “The IRS, which announced the extension December 22 in Notice 2018-06, also said it will not impose penalties on employers that can show that they made good-faith efforts to comply with the Affordable Car Act’s (ACA’s) information reporting requirements for plan year 2017.”
Information Reporting Requirements for Plan Year 2017
- IRS Filing Deadline: The due dates for filing 2017 returns with the IRS is not extended. The due dates to file information returns with the IRS remain; February 28 paper filers and April 2 electronic filers.
- The Future and Beyond: “Although this is the third year that the IRS has granted transition relief for reporting, the notice states significantly that the IRS does not anticipate granting transition relief for 2018 or future years,” Jost pointed out. “This statement highlights the fact that, although the individual mandate penalty is repealed as of 2019, the reporting requirements that support it, as well as the employer mandate, remain in effect.”
Affordable Care Act (ACA) Tax Provisions
As leader’s, we must be proactive in approaching the Affordable Care Act’s current and future legislation. As the individual mandate penalty is repealed, the healthcare law is still the law of the land, for now. Continue to watch for more changes in 2018 and 2019. The ACA is complex, seek guidance if you are unclear on a path-forward.
Below is a link to the NYS Paid Family Leave Resources:
NYS Paid Family Leave Employer Webinar
PFL Resource Page
Model Language for Employer Material
Many of us have vacation and time off scheduled throughout the holiday season. Now as we enter into the mid-point of January, we strive to continue thinking about 2018 goals and objectives. For many, finding the balance between our professional and personal commitments is an ongoing struggle. A few weeks ago, I discussed work-life balance in a leadership development training and reinforced the importance of prioritizing the balance.
Consider these 5 thoughts on work-life balance:
- Keep Non-Work Commitments: This is an important piece of prioritization and self-accountability. Continue to keep non-work commitments and take the time to enjoy the events. It is not always easy to do so. However, it is necessary to avoid burnout from work and not enjoying friends, family, volunteering, etc.
- Take Vacation Time: Vacation is a perk that most organizations offer to employees. It is there for a reason, to ensure all of us have time off and take the necessary time to refresh and reset from the stresses of work. As leaders, we don’t always see the value in taking vacation or time off. Set the example for your workforce and scheduled time off and avoid working during the vacation. If possible, leave the electronics at home or avoid answering emails. I’m the last person to give advice on this, but shutting it down is mentally refreshing.
- Learn to Shut It Off: This is reflecting the advice in thought #2, shut off the electronics but also shut down the thought(s) of work. I know this isn’t easy for any of us to do. Leave work at work and focus on having fun and relaxing while you are on vacation or taking a few days off.
- Use Your Calendar: We all have hectic schedules, filled with meetings and commitments. Block time on your calendar to ensure you have the necessary work-life balance. I have found in my schedule, if it is written down or on my calendar, the more likely I will commit to the balance. Learning to prioritize plays a major role in blocking time and committing to the balance.
- Mental and Physical Fitness: Stress is all around us. Ensuring we are taking care of ourselves mentally and physically is necessary. Schedule time to go to the gym, take a walk at lunch or meditate. I workout early in the morning, I’ve found that it’s the best way to start the day. When I don’t workout it does have an impact on my day. Find the formula and routine that works for best for you. Change is hard, but necessary.
As I explained to the the leadership group I met with those weeks ago; I am the last person that should be giving advice on work-life balance. However, I recognize the importance of work-life balance and am making the necessary changes to ensure there is a balance and time to shut it down. Commit to making the change(s) in 2018 and make it a priority. Goal setting is a great start. Let’s all meet our goals in 2018-one step at a time!