This is a reminder that from February 1 through April 30, 2018, impacted employers are required to post a copy of their 2017 Form 300A (Summary of Work-Related Illnesses and Injuries) in a common area where employee notices are usually available. This annual requirement may not apply to certain employers that are partially exempt from routinely keeping Occupational Safety and Health Administration (OSHA) injury and…

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WHD Revises Test for Unpaid Internships On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Field Assistance Bulletin (FAB No. 2018-2) establishing that the primary beneficiary test, rather than the six-point test, will determine whether interns at for-profit employers are employees under the federal Fair Labor Standards Act (FLSA). The primary beneficiary test requires an examination of the…

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Department of Labor Publishes Updated Penalties for OSHA Violations On January 2, 2018, the U.S. Department of Labor (DOL) published updated, inflation-adjusted penalties for violations of various laws regulated by the DOL and its internal components or divisions, including the Occupational Health and Safety Administration (OSHA). The DOL is required to adjust the level of civil monetary penalties for inflation by January 15 each year…

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In a November 28, 2016 decision, a federal district court in Texas denied a preliminary injunction to block the Occupational Safety and Health Administration’s (OSHA) new rule, Improve Tracking of Workplace Injuries and Illnesses. This means that the antiretaliation provisions will take effect on December 1, 2016 and the electronic filing provision takes effect in 2017. In filing suit, plaintiffs sought an injunction challenging the…

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www.thinkhr.comOSHA Penalties Increasing by 78 Percent After August 1, 2016Section 701 of the Bipartisan Budget Act of 2015 contains the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, which requires the Occupational Safety and Health Administration (OSHA) and most other federal agencies to implement inflation-adjusted civil penalty increases. The Inflation Adjustment Act also allows OSHA a one time “catch-up adjustment” to adjust for inflation…

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By Nancy Bourque HR Practice Leader at United Benefit AdvisorsThe Occupational Safety and Health Administration (OSHA) has issued sweeping changes to record-keeping and reporting rules. Starting in 2017, employers with as few as 20 employees may be required to electronically report workplace injuries and illnesses on an annual basis, and the information from those reports will be searchable, by employer name, by any member of…

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By Nancy Bourque HR Practice Leader at United Benefit AdvisorsBeginning in 2017, certain employers with as few as 20 employees at a single site will be required to electronically file information about employee injuries and accidents that occurred in the prior year. This means that, for many employers, injuries and illnesses occurring in 2016 will be subject to this change.Employers of as few as one…

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