2017 OSHA's Most Frequently Cited Standards

Manufacturing (NAICS 31)

The Occupational Safety and Health Administration (OSHA) keeps records not only of the most frequently cited standards overall, but also within particular industries. The most recent statistics from OSHA reveal the top standards cited in the fiscal year 2017 for the manufacturing industry. This top 10 list comprises establishments engaged in the mechanical, physical or chemical transformation of materials, substances or components into new products.

Description of Violation Cited Standard Number ACV*
1.    Control of Hazardous Energy (Lockout/Tagout) – Following minimum performance requirements for controlling energy from the unexpected start-up of machines or equipment. 29 CFR 1910.147 $6,195
2.    General Requirements for All MachinesProviding proper machine guarding to protect the operator and other employees from hazards. 29 CFR 1910.212 $8,396
3.    Process Safety Management of Highly Hazardous Chemicals – Preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals that may result in toxic, fire or explosion hazards. 29 CFR 1910.119

 

$7,395
4.    Hazard CommunicationProperly transmitting information on chemical hazards through a comprehensive program, container labeling, SDS and training. 29 CFR 1910.1200 $1,472
5.    Mechanical Power-transmission Apparatus – Following the general requirements on the use of power-transmission belts and the maintenance of the equipment. 29 CFR 1910.219 $2,926
6.    Powered Industrial TrucksEnsuring safety of employees on powered industrial trucks through fire protection, design, maintenance and proper use. 29 CFR 1910.178 $2,645
7.    Wiring Methods, Components and Equipment for General UseUsing proper wiring techniques and equipment to ensure safe electrical continuity. 29 CFR 1910.305 $1,812
8.    Respiratory Protection – Properly administering a respiratory protection program, selecting correct respirators, completing medical evaluations to determine which employees are required to use respirators and providing tight-fitting equipment. 29 CFR 1910.134

 

$717
9.    General Electrical Requirements – Ensuring electric equipment is free from recognized hazards likely to cause death or serious physical harm to employees. 29 CFR 1910.303 $2,761
10. Grain Handling Facilities – Taking proper measures to prevent grain dust fires and explosions by having safety programs in place for quick response and control. 29 CFR 1910.272 $32,603

*ACV (Average Cost per Violation) – The dollar amount represents the average cost per violation that employers in this industry paid in 2017. To understand the full capacity and scope of each standard, click on the standard number to visit www.osha.gov and view the language in its entirety. Source: OSHA.gov  


Compliance Overview - OSHA Inspections

OSHA Inspections

The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe work environment for their workers. The Occupational Safety and Health Administration (OSHA) is responsible for creating workplace safety standards and enforcing compliance with the OSH Act.

OSHA enforces compliance with the OSH Act by conducting inspections, gathering evidence and imposing penalties on noncompliant employers. OSHA penalties are civil penalties that may result in fines. However, OSHA may refer certain violations to the U.S. Department of Justice for criminal prosecution. Actual penalties imposed on an employer take into consideration the gravity of the violation, the size of the employer’s business, good faith efforts the employer makes to comply with the law and the employer’s compliance history.

This Compliance Overview provides a summary of the OSHA inspection process as well as some tips and reminders that employers should be aware of during an actual inspection.

LINKS AND RESOURCES

  • OSHA enforcement programs website
  • OSHA on-site consultations webpage
  • OSHA recommended practices for safety and health programs webpage

COMPLIANCE OFFICERS

  • Conduct inspections
  • Assign specialists to accompany and assist during an inspection
  • Issue citations for noncompliance
  • Can obtain inspection warrants

TIPS FOR EMPLOYERS

  • Check inspector credentials.
  • Notify management when inspector arrives.
  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive.
  • Take note of what the inspector documents.

EMPLOYERS SUBJECT TO OSHA

Most private sector employers in the United States, the District of Columbia and other U.S. jurisdictions are subject to the OSH Act, either directly or through an OSHA-approved state program. State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. The OSH Act encourages states to develop and operate their own job safety and health programs. State-run safety and health programs must be at least as effective as the Federal OSHA program.

In general, state and local government employees (public employees) are not subject to the OSH Act. However, public employees may be covered through an approved state program.

OSHA INSPECTIONS

OSHA inspections are conducted by OSHA’s compliance safety and health officers. Compliance officers have authority to:

  • Conduct inspections;
  • Assign specialists to accompany and assist them during an inspection (as appropriate or required);
  • Issue citations for noncompliance;
  • Obtain court-issued inspection warrants; and
  • Issue administrative subpoenas to acquire evidence related to an OSHA inspection or investigation.

Whenever possible, OSHA will assign compliance officers with appropriate security clearances to inspect facilities where materials or processes are classified by the federal government.

Compliance officers are required to obey all employer safety and health rules and practices for the establishment that is being inspected. This includes wearing all required protective equipment and necessary respirators. Compliance officers must also follow restricted access rules until all required precautions have been taken.

Employers can request compliance officers to obtain visitor passes and sign visitor registers. However, compliance officers cannot sign any form or release, nor can they agree to any waiver. This prohibition extends to forms intended to protect trade secret information.

OSHA inspections can last for a few hours or take several days, weeks or even months. All inspections can be divided into three stages, an opening conference, a walk-around and a closing conference.

Inspection Scheduling

OSHA inspections can be either programmed or unprogrammed. Unprogrammed inspections generally take precedence over programmed ones.

Unprogrammed inspections are usually triggered by particular reports. OSHA gives priority to unprogrammed inspections in the following order: imminent dangers, fatalities or catastrophes, and employee complaints and referrals. OSHA may also conduct an unprogrammed follow-up investigation to determine whether previously cited violations have been corrected.

Programmed inspections are scheduled based on neutral and objective criteria. Programmed inspections typically target high-hazard industries, occupations or health substances. OSHA considers various factors when scheduling programmed inspections, including employer incident rates, citation history and employee exposure to toxic substances.

Inspection Notice

The OSH Act prohibits providing employers advance notice of an inspection. Individuals that provide advance notice of an OSHA inspection face criminal charges that may result in a fine of up to $1,000, imprisonment for up to 6 months or both.

However, the OSHA Act also allows OSHA to authorize exceptions to the no-notice requirement in situations where advance notice would:

  • Allow an employer to correct an apparent imminent danger as quickly as possible;
  • Facilitate an inspection outside of a site’s regular hours of operation;
  • Ensure the presence of employer and employee representatives or other appropriate personnel during the inspection; or
  • Enhance the probability of an effective and thorough inspection (such as in investigations for complex fatalities).

When an exception is approved, OSHA will not provide more than a 24-hour notice to affected employers.

Inspection Scope

The scope of an OSHA inspection can be comprehensive or partial. A comprehensive inspection is a complete and thorough inspection of the worksite. During a comprehensive inspection, the compliance officer will evaluate all potentially hazardous areas in the establishment. However, an inspection may be considered comprehensive even though, at the compliance officer’s discretion, not all potentially hazardous conditions or practices are actually inspected.

A partial inspection is usually limited to certain potential hazardous areas, operations, conditions or practices at the employer’s establishment. However, at his or her discretion, a compliance officer may expand the scope of a limited inspection. The compliance officer will generally make this decision based on the information he or she gathers during the inspection.

COMPLIANCE OFFICER ARRIVAL

OSHA inspections begin with the compliance officer’s arrival. In general, a compliance officer will arrive for a worksite inspection during the site’s hours of operation. However, OSHA may authorize additional times for an inspection as necessary.

Upon arrival, a compliance officer should present his or her credentials. If necessary, employers can contact their local OSHA office to confirm a compliance officer’s authority to conduct the inspection.

A compliance officer has the right to enter an employer’s premises if he or she has obtained consent from the employer or a warrant ordering the employer to admit the inspector. In either case, employers cannot unreasonably delay an inspection to await for the arrival of the employer representative (inspectors may wait up to one hour to allow an employer representative to arrive from an off-site location).

Tips and Reminders

  • Check inspector credentials.
  • Instruct staff on how to receive inspector.
  • Inform senior management or legal counsel as appropriate.
  • Determine whether you will demand a warrant.

Consent

Employers can consent to admit a compliance officer and perform a worksite inspection. Employers may also provide partial consent, and allow a compliance officer access only to certain areas of their facilities. Compliance officers will make note of any refusals or partial consent and will report it to OSHA. OSHA may take further action against any refusals, including any legal process it may see fit to obtain access to restricted areas.

In sites where multiple employers are present, the compliance officer does not need to obtain consent from all employers present. Consent from just one employer is sufficient to allow the inspector to access the entire worksite.

Warrant

Compliance officers are not required to ask for an employer’s consent when they have a court-issued warrant. The warrant allows the compliance officer access to the employer’s facilities to conduct an inspection.

Employers that do not provide consent have the right to require compliance officers to obtain a warrant before allowing them access to the premises. As a general practice, few employers actually require warrants, though some employers have done so to delay the start of an inspection.

There are, however, some exceptions to the employer’s right to require a warrant. A compliance officer does not need to obtain employer consent or a warrant to access the premises if he or she can establish:

  • The existence of a plain view hazard;
  • That the worksite is an open field or construction site; or
  • The existence of exigent circumstances.

OPENING CONFERENCE

In general, compliance officers will try to make the opening conference brief in order to proceed to the walkaround portion of the inspection as soon as possible. In general, the opening conference is a joint conference,

where both employer and employee representatives participate. However, the compliance officer may hold

separate opening conferences if either employer or employee representatives object to a joint conference.

During the opening conference, compliance officers will discuss with employers:

  • The purpose of the inspection;
  • Any complaints filed against the employer, if applicable;
  • The officers’ right to document evidence (handwritten notes, photos, video and audio recordings);
  • The advantages of immediate abatement and quick fixes;
  • The intended scope of the inspection;
  • A plan for the physical inspection of the worksite;
  • The audit of employee injury and illness records;
  • Referring violations not enforced by OSHA to appropriate agencies;
  • Employer and employee rights during the inspection; and
  • Any plans for conducting a closing conference.

Tips and Reminders

  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive, but DO NOT volunteer information.

As applicable, during the opening conference, employers will also need to present their written certification of hazard assessment and produce a list of on-site chemicals (with their respective maximum intended inventory).

Compliance officers will use these documents to determine the hazards that may be present at the worksite and set initial benchmarks and expectations for the physical inspection of the establishment.

Finally, at their discretion, compliance officers can conduct abbreviated conferences in order to begin the walkaround portion of the inspection as soon as possible. During an abbreviated conference, a compliance officer will present his or her credentials, state the purpose for the visit, explain employee and employer rights, and request the participation of employee and employer representatives. All other elements of the opening conference will then be discussed during the closing conference.

WALK-AROUND

The walk-around is the most important stage of the inspection. Employer and employee representatives have the right to accompany compliance officers during the walk-around stage of the inspection. However, workers at an establishment without a union cannot appoint a union representative to act on their behalf during an OSHA inspection walkaround (see OSHA memo from 2017).

During the walk-around, compliance officers will take notes and document all facts pertinent to violations of the OSH Act. In general, compliance officers will also offer limited assistance (as appropriate) on how to reduce or eliminate workplace hazards.

The OSH Act requires compliance officers to maintain the confidentiality of employer trade secrets. Compliance officers should only document evidence involving trade secrets if necessary. Compliance officers must mark trade secret evidence as, “Confidential – Trade Secret,” and keep it separate from other evidence. Compliance officers that violate these requirements are subject to criminal sanctions and removal from office.

Tips and Reminders

  • Inspections may last several days. Plan accordingly.
  • Require inspectors to comply with establishment safety rules.
  • Take note of what the inspector documents.
  • DO NOT stage events or accidents.
  • DO NOT destroy or tamper with evidence.

CLOSING CONFERENCE

As with the opening conference, unless an objection exists, the closing conference is generally a joint conference. However, the closing conference may be conducted in person or over the phone. The inspection and citation process will move forward regardless of whether employers decide to participate in the closing conference.

The compliance officer will document all materials he or she provides to the employer during the closing conference as well as any discussions that took place. Discussion topics for the closing conference may include:

  • Employer rights and responsibilities
  • The strengths and weaknesses of the employer’s safety and health system
  • The existence of any apparent violations and other issues found during the inspection
  • Any plans for subsequent conferences, meetings and discussions

The closing conference is not the time for employers to debate or argue possible citations with the compliance officer. Employers should take sufficient time during the closing conference to understand the inspector’s findings and any possible consequences. Employers should also discuss any abatements completed during the inspection or any plans to correct issues in the near future.

During this conference, employers should also request copies of recorded materials and sample analysis summaries. Finally, employers should take time to discuss their right (and the process they must follow) to appeal any possible citations.


Trucking Risk Advisor - May 2018

ELD Enforcement Contributes to Rising Freight Rates

Electronic logging device (ELD) enforcement has contributed to rapidly growing freight rates, according to a report from transportation information firm DAT Solutions. The firm found that 3 percent of surveyed truckers planned to retire instead of comply with the ELD rule, which was a large factor in a 7 percent drop in year-over-year trucking capacity.

Although the ELD rule came into effect at the end of 2017, the Department of Transportation only began enforcement of the rule on April 1, 2018. ELDs automatically track a driver’s compliance with federal hours-of-service limits, and drivers who don’t use the devices must stop driving until one is installed.

While freight rates in April are generally lower following the end of the first quarter, DAT Solutions’ report found that rates have increased as motor carriers struggle to account for a shortage of skilled drivers.

Call us at 920-921-5921 for more information on trends in the trucking industry.

New Technology May Replace Mirrors With Camera-based Systems

Although sideview mirrors allow drivers to stay aware of surrounding traffic, the large devices offer limited viewing angles and create drag that lowers fuel economy. As a result, some technology companies are advocating for the use of camera-based systems to improve safety and lower operating costs.

Prototype camera systems feature multiple, internally wired cameras that provide drivers with multiple views of adjacent lanes, the blind spot in front of a truck’s hood and the ground on each side of the vehicle. The cameras themselves also include a number of safety features:

  • Redundant systems to reduce the chances of a malfunction
  • Low-light visibility options
  • Heated glass to prevent the buildup of ice and frost
  • Special coatings that resist rain and moisture

Camera systems can improve a heavy-duty truck’s fuel economy by approximately 2.5 percent and lead to over $1,300 in annual fuel savings. The systems can also lead to savings by reducing crashes, as traditional mirrors are limited by large blind spots, glares, night visibility and adverse weather.

The FMCSA is currently accepting public comments on an exemption for the MirrorEye camera system, which has been used in Europe since 2016. For more information, visit the FMCSA’s notice in the Federal Register.


Covered Establishments in All States Must Now Submit OSHA Electronic Reports

HIGHLIGHTS

·      The electronic reporting rule now applies to all affected establishments, including establishments in states with OSHA-approved plans.

·      It does not matter whether the state has ratified the electronic reporting requirements.

·      The OSHA ITA is currently available and accepting reports on OSHA 300A forms with 2017 data.

IMPORTANT DATES

December 31, 2017

Due date for first OSHA electronic reports through ITA (submit 2016 data)

July 1, 2018

Due date for second OSHA electronic reports through ITA (submit 2017 data)

OVERVIEW

On April 30, 2018, the Occupational Safety and Health Administration (OSHA) announced it will require all establishments affected by the electronic reporting rule to submit their 2017 data to OSHA by July 1, 2018.

This announcement clarifies the requirement for establishments in states with an OSHA-approved plan. These establishments must submit electronic reports, regardless of whether the state has ratified or incorporated the electronic reporting rule into its OSHA state plan.

ACTION STEPS

Establishments in all states, including those with an OSHA-approved state plan, should prepare to submit electronic reports by July 1, 2018. Affected establishments can accomplish this by:

  • Becoming familiar with the requirements in the electronic reporting rule; and
  • Transitioning their OSHA records to an electronic format approved by the Injury Tracking Application (ITA)

OSHA Electronic Reporting

OSHA’s electronic reporting rule was issued in 2016. The rule requires establishments to report data from their injury and illness records to OSHA electronically if they:

  • Are already required to create and maintain OSHA injury and illness records and have 250 or more employees;
  • Have between 20 and 249 employees and belong to a high-risk industry; or
  • Receive a specific request from OSHA to create, maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.

The electronic reporting rule applies to establishments, not employers. An employer may have several worksites or establishments. In these situations, some establishments may be affected while others are not.

To determine whether an establishment is affected, employers must determine each establishment’s peak employment during the calendar year. During this determination, employers must count every individual that worked at that establishment, regardless of whether he or she worked full-time, part-time, or was a temporary or seasonal worker.

OSHA-approved State Plans

The final rule required OSHA-approved state plans to adopt the electronic rule or “substantially identical” requirements within six months of the final rule’s publication date.

This means that OSHA-approved state plans have the authority to adopt reporting requirements that go above and beyond what is required by the federal rule. For this reason, establishments located in OSHA-approved state plan jurisdictions should consult with their local OSHA offices to make sure they are satisfying all electronic reporting requirements.

The OSHA-approved state plans shown on this map have not yet adopted the requirement to submit injury and illness reports electronically.

As a result, establishments in these states were not required to submit their 2016 data through the reporting website in 2017. However, OSHA has now clarified that they must submit their 2017 data in 2018.

All Employers
California

Maryland

Minnesota

South Carolina

Utah

Washington

Wyoming

Public Employers
Illinois

Maine

New Jersey

New York


Construction Risk Advisor: September 2018

Industry Overspending $177 Billion Per Year

The average time construction professionals in the U.S. spend on avoidable issues like conflict resolution, rework and looking for project data costs the industry over $177 billion annually, according to a new report.

The participants surveyed for the report said they spend 65 percent of their time on “optimal” activities like communicating with stakeholders and optimizing resources that keep projects on track. They spend the remaining 35 percent of their time on “nonoptimal” tasks like hunting down project information, resolving conflicts and dealing with mistakes that require rework. That amounts to almost two full working days lost per person each week.

Some of the reasons for the nonoptimal costs include poor communication, constrained access to data, incorrect data and the lack of an easy way to share data with stakeholders. Another possible reason is that more than 80 percent of the survey’s respondents said they don’t use mobile devices to collaborate and access project data, despite the fact that mobile devices could help them work more efficiently.

Newsletter Provided by: Hierl's Property & Casualty Experts

Download the Newsletter

States Say Contractors Must Guarantee Wages

Maryland’s General Contractor Liability for Unpaid Wages Act becomes effective on Oct. 1, making private contractors for prime construction projects in the state financially responsible for unpaid wages of subcontractor employees. And unless the reason for nonpayment is related to a legitimate dispute, general contractors could be held responsible for up to three times the amount owed, plus attorney fees.

California and Oregon also enacted similar laws earlier this year. In California, general contractors are now liable for the unpaid wages of any employee who furnishes labor to or through them, plus unpaid benefits and interest.

Oregon’s wage protection law creates liability for the general contractor only if the worker’s subcontractor employer has not yet been paid in full.

Mitigating The Risk

In order to reduce the risk of general contractors having to pay their subcontractors’ employee wages, some industry experts are recommending that subcontractors provide their own payment bonds.

Opponents of the recent laws argue that it could be difficult for subcontractors on rocky financial ground to meet bond underwriting requirements. And since large projects could require several new bonds per job, overall project costs could increase significantly. Plus, if subcontractors don’t pay up, prime contractors will have to pay twice for the same labor.


Agriculture Risk Advisor: September/October 2018

3 Tips For Hiring Farm Labor

With some farmers struggling to find reliable farm labor, it is important to invest some thought in the hiring process. Here are some tips for finding the right help:

  1. Examine your needs. You might have a general idea in your head of what work needs to be done, but it’s best to be specific. Narrow down broad processes into specific jobs so you can determine how much help you truly need.
  2. Think about desired traits. Do you need someone to fill a temporary need, or are you hoping that person can go on to fill a managerial role? You’ll have to determine whether people skills are more important than manual labor or machinery skills, and list those traits in your job description.
  3. Consider hiring for a trial period. If you’re hesitant about a candidate but need immediate help, consider hiring them for a short-term trial period. This saves you from high employee turnover while buying you time to recognize your needs. It allows both you and the worker to communicate any frustrations and expectations after the trial period before considering whether the working relationship is worth investing in long term.

Newsletter Provided by: Hierl's Property & Casualty Experts

Download the Newsletter

Rise Of Robotics In Farming

Producers are increasingly considering using farming robots to replace human workers who either can’t or aren’t interested in picking crops. Agriculture is a prime market for robotics since it is less regulated than other industries.

Robots Needed To Fill Unwanted Jobs

Farming’s labor crunch is a global problem, and industry experts expect things to get worse in the years to come. Produce growers are struggling to man the fields, and higher wages aren’t persuading people to perform the physically demanding tasks.

According to the Department of Labor, the 2017 median pay for an agricultural worker was $11.41 per hour. In California, farm wages can top $20 per hour. But this is still not enough to attract laborers at a sufficient level.

Advances In Farming Technology

Driscoll’s, one of America’s largest produce distributors, has been testing a robot made by Harvest CROO Robotics, a Florida-based startup. The robot is capable of covering 8 acres in a single day and replacing a team of more than 30 human pickers.

Another emerging farming technology is a “no-touch” vineyard developed by researchers at UC Davis, which waters vines and picks fruit while improving yields, quality and costs. It costs about 7 cents in labor per vine to manage the touchless vineyard, compared to $1 per vine in a conventional vineyard.

Although robotics isn’t expected to steal all of the farming labor jobs, experts believe it could still be a disruptive technology, requiring a change in the way traditional growers operate.


Cyber Risks & Liabilities: September/October 2018

In this Issue

Who’s to Blame if a Security Breach Affects Your Organization?

A recent survey found that 70 percent of consumers expect businesses to take responsibility in the event of a data breach. But who within your organization should take the heat?

Acronyms All Businesses Need to Know

As cyber security evolves, it’s easy to become overwhelmed with all the terms and acronyms used. This article lists some of the most common acronyms in cyber security.

Increase in Attacks Against 911 Call Centers Highlight Need for New System

There have been 184 cyber attacks on public safety agencies and local governments since 2016, and 42 of those attacks targeted 911 call centers

Who’s to Blame if a Security Breach Affects Your Organization?

If a security breach affects your organization, your main focus may be to solve the problem as quickly as you can, not point the finger in blame. But your customers want to know why it happened and who was responsible, even if the breach occurred because of their own lax security measures (e.g., sharing passwords or opening suspicious emails). In fact, a recent survey found that 70 percent of consumers expect businesses to take responsibility in the event of a data breach. But who within your organization should take the heat?

The CEO

If an organization doesn’t budget enough for security solutions, the fault will likely be placed on whoever makes the financial decisions, stemming from the CEO. In fact, 29 percent of IT decision-makers who took part in a recent VMware survey thought that the CEO should be held responsible in the event of a large-scale data breach.

The CISO

If a data breach occurs even after your company adequately budgets for cyber security solutions, 21 percent of IT security professionals surveyed would still hold your CISO accountable in the event of a data breach.

IT Personnel

According to a 2014 report, 95 percent of cyber security incidents are due to human error. That’s why personnel who manage IT security on a regular basis are easy targets for blame.

Other Employees

While accountability may start with the CEO and board of directors, everyone in your organization should take responsibility for cyber security. Even if you have the most modern cyber security technology, its return on investment will be nonexistent without full employee participation

Increase in Attacks Against 911 Call Centers Highlight Need for New System

There have been 184 cyber attacks on public safety agencies and local governments since 2016, and 42 of those attacks targeted 911 call centers, according to cyber security firm SecuLore Solutions.

Over half of the attacks involved ransomware, in which hackers used a virus to control the emergency systems and hold them hostage for payment. Most of the remaining attacks were denial-of-service attacks, which involved a flood of fake calls that prevented call centers from addressing valid emergency calls.

Due to the vulnerabilities in the current 911 system and the fact that it doesn’t address the ways people communicate in the modern world—such as through texts—the emergency response industry is encouraging state and local governments to adopt a system called Next Generation 911.

The Next Generation 911 system will have advanced security and be able to seamlessly move incoming calls to other centers when needed. The new system also gives callers the choice of calling from a phone line or sending data through approved telecommunications carriers and internet service providers.

Next Generation 911 is expensive, however, and governments have been slow to adopt it. Plus, its increased connectivity also opens new potential means of attack, according to industry experts. Sophisticated defense systems run by in-house cyber security teams will be vital as the emergency response industry adopts any new technology.

Acronyms All Businesses Need to Know

Newsletter Provided by: Hierl's Property & Casualty Experts

Download the Newsletter


FBI Urges Consumers to Reset Their Routers to Prevent a Malware Attack

Your cyber security is important to us. Consider protecting yourself from the recent growing malware attacks and keep your data safe with these recommendations.


Recently, researchers at Talos—a cyber intelligence unit of Cisco—warned consumers of malware (malicious software) that specifically targets networking devices. The malware, which is known as VPNFilter, impacts an estimated 500,000 routers worldwide, particularly targeting devices from the following manufacturers:

VPNFilter Could Collect Your Information Without Your Knowledge

Once on your equipment, the malware could stop your router from working, collect information from any systems that run through it and even block network traffic. Experts are concerned over the scope of the attack, as anyone owning a router from the affected manufacturers could be at risk, including businesses and individuals.

Agencies like the FBI have also expressed concern over VPNFilter, as this particular brand of malware can be used in espionage attacks on military, security and other government organizations.

Reduce Your Risk by Resetting Your Router

Unfortunately, there’s no simple way to tell if your router is infected. To protect yourself, it is recommended that you:

  • Reset your router to disrupt the malware. This can be done by simply turning the router off and on or holding the reset button down on your device. For further protection, you may want to consider doing a factory reset of your router.
  • Install any firmware updates. These updates are typically found on the manufacturer’s website. You may need to search by your router’s model number, which can be found on the back of the device.
  • Create a new, secure password for your router.
  • Disable remote management settings.

For help performing any of the above steps, contact your router manufacturer or click the links provided in this News Brief.


OSHA Delays Electronic Reporting to Dec. 15, 2017

OVERVIEW

The Occupational Safety and Health Administration’s (OSHA) electronic reporting rule requires certain establishments to report information electronically from their OSHA Forms 300, 300A and 301. Under the rule, the first electronic reports were due on July 1, 2017.

However, on Nov. 24, 2017, OSHA issued a new final rule officially delaying the first electronic reporting deadline to Dec. 15, 2017. Affected establishments will need to submit their reports through the Injury Tracking Application (ITA) website by that time or face possible OSHA penalties.

ACTION STEPS

  • Affected establishments must create an account on the ITA website and submit information from their 2016 OSHA 300A form by December 15, 2017.
  • Other deadlines under the electronic reporting rule remain unaltered. Therefore, affected establishments should begin their preparations to submit information from all 2017 OSHA forms by July 1, 2018.

OSHA’s electronic reporting rule affects establishments that:

  • Are already required to create and maintain OSHA injury and illness records and have 250 or more employees;
  • Have between 20 and 249 employees and belong to a high-risk industry; and
  • Receive a specific request from OSHA to create, maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.

The electronic reporting rule applies to establishments, not employers. An employer may have several worksites or establishments. In these situations, some establishments may be affected while others are not.

To determine whether an establishment is affected, employers must determine each establishment’s peak employment during the calendar year. During this determination, employers must count every individual that worked at that establishment, regardless of whether he or she worked full-time, part-time, or was a temporary or seasonal worker.

Finally, a firm with more than one establishment may submit establishment-specific data for multiple establishments.

Reporting Requirements


The data an employer must submit and the timeline for submitting this information to OSHA depends on the establishment size.

Establishments with 250 or more employees will be required to submit information from their OSHA Forms 300A, 300 and 301. However, in 2017, these establishments will only be required to submit data from their 300A Form. Establishments in high-risk industries with between 20 and 249 employees will be required to submit information only from their OSHA Form 300A.

For the first reporting year, the deadline has been delayed to Dec. 15, 2017. However, the final rule that delayed the first deadline did not alter subsequent deadlines, so reporting deadlines for 2018, 2019 and beyond remain as shown in the table above.

Submitting the Report

The ITA is a secure website that OSHA created specifically for the data required by the electronic reporting rule. The ITA allows employers three options to submit their reports:

  1. Manual entry;
  2. Comma-separated value (CSV) file upload; and
  3. Application programming interface (API) transmission.

The ITA offers affected establishment instructions and sample files and templates to help them complete the submission process.

OSHA-approved State Plans

The final rule required OSHA-approved State Plans to adopt the electronic rule or “substantially identical” requirements within six months of the final rule’s publication date. The final rule was published on May 12, 2016. This means that OSHA-approved State Plans have the authority to adopt reporting requirements that go above and beyond what is required by the federal rule. For this reason, establishments located in OSHA-approved State Plan jurisdictions should consult with their local OSHA offices to make sure they are satisfying all electronic reporting requirements.

However, the following OSHA-approved State Plans have not yet adopted the requirement to submit injury and illness reports electronically:

Similarly, state and local government establishments in IL, ME, NJ and NY are not currently required to submit their data through the reporting website.

More Information

Contact Hierl Insurance Inc. or visit the OSHA tracking of workplace injuries and illnesses webpage for more information regarding electronic reporting.

SaveSave


CenterStage...Assure Elite: Could You Better Control Your Healthcare Renewal Costs?

Assure Elite is a partnership between Hierl Insurance, Network Health, and Agnesian Healthcare. It was specifically designed for employers in Fond du Lac, Dodge, and Green Lake counties. Assure Elite is a level-funded product, which means you benefit from the predictable, fixed monthly costs of a fully insured plan, but only pay for the health care your employees actually receive. Rates are underwritten so your premiums are based only on your employee’s (and their dependents) health status rather than being pooled with other employer groups that may not be as healthy. No more paying more due to the unhealthy conditions of others, which drives up the cost.

The Assure Elite plan allows employers to pay a flat rate each month to cover employees. If actual medical expenses are less than what the employer paid in a year, they'll get 50 percent of the difference back. If costs are higher, they won't be required to pay more. Level-funded plans can save eligible groups up to 30 percent versus a fully insured ACA plan. This type of plan design lacks the volatility often associated with self-insured plans that can cripple small businesses. Additionally, level funding is another way small businesses can get around ACA requirements such as state mandated benefits and premium taxes.

So, for small groups, the question is why not explore a level-funded plan?  With savings up to 30 percent, there is very little reason not to consider a quote!

"Every group with 2+ employees should be looking at these plan offerings! We’ve seen premiums reduce significantly with these plans. Companies can’t continue to take the financial burden of year-over-year increases on their medical premiums. We found a way, through Assure Elite, to solve the problem plaguing business owners. Assure Elite offers the same, if not better, coverage options with deep discounts that lower premiums. It’s a win-win."

 - Tonya Bahr, Employee Benefits Advisor at Hierl.

 

UNIQUELY DESIGNED PLANS

Q: While uniquely designed for 2-100 employees, tell me how larger organizations can also benefit from this plan?

A: As groups increase in size, we have more flexibility in how we finance health plans as well as with plan design. The provider discounts available through Assure Elite are also available for groups with 100+ employees.

Q: What are some of the main advantages of gaining access to Agnesian's Know & Go program?

A: For companies that already have a wellness program in place, this is a great added value. There is no additional charge for the Know & Go program. It includes a health risk assessment questionnaire, biometric screenings, one-on-one wellness coaching, and an employee portal with educational materials, food and exercise trackers, online workshops, and more.

Agnesian’s Know & Go program, which provides education and other services aimed at promoting healthy living, serves as a wellness benefit for Assure Elite plans.

“Agnesian HealthCare is excited to partner with Network Health and Hierl Insurance to offer an employer-sponsored health plan that provides cost certainty and improves the well-being of the citizens in the communities we serve,” said Steve Little, Agnesian HealthCare president, and CEO.

AFFORDABLE AND COST EFFECTIVE 

Q: How does this program provide the security of a fully insured plan with the advantages of a self-funded plan?

A: An employer experiences the convenience of predictable, fixed monthly costs just like a fully insured plan, but only pay for the care their employees/dependents receive through claim costs. The result - the elimination of cash flow concerns some businesses have regarding self-funding. If claims are less than the amount funded at the end of the policy year, employers get 50% of the funding surplus back. If claims are over the funded amount, the company is protected by stop loss coverage. Unlike traditional self-funding, an employer will never pay more than the maximum claim cost, which is the premium due each month.

Q: How does Assure Elite help control renewal costs?

A: Assure Elite offers deep discounts at Agnesian Healthcare and within Network Health’s footprint in Fond du Lac, Dodge, and Green Lake counties. These discounts are only available through this product offering and there’s potential for some groups to receive a 2-year rate guarantee.

IMMEDIATE ACCESS

You don’t have to wait until your next renewal to get a quote. There’s no reason to not look at the options and rates available now so you can reap the financial rewards sooner.

Q: How long does it take to get a quote?

A: The turnaround time for an initial/base quote is quick. To secure final rates, members need to go through the underwriting process, which can be done through paper applications or online.

For more information about level funding or the Assure Elite plans, please contact us at 920-921-5921 or hierlquotes@hierl.com.

To download the full article click here.