CAL/OSHA’S DEMAND FOR FIVE YEARS OF RECORDS IS VERY REAL

13 Feb

Cal OSHA-Files 5 Yrs-Files girl - Copy

Cal/OSHA has issued an internal memo which instructs compliance officers – during every inspection – to request Employer’s records of work injuries – Log 300, 301 and 300A for the previous five calendar years.

You can become the subject of a Cal/OSHA inspection based on having had a serious injury; having a workers’ comp. Ex Mod of 125+; being the subject of a complaint by an employee, former employee or even a competitor; operating in a hazardous industry or merely subject of a drive by or random inspection.

No matter why Cal/OSHA visits your operation, you must be ready. As you will see, you can receive two or even three citations just based on your OSHA injury files – which imposes a $12,000 maximum fine per citation.

 

Cal/OSHA Inspector Guidelines:
  • Guidelines apply to all inspections opened on or after 1/01/19
  • Inspectors will request Log 300s and related records (301, 300A)
    for the previous five calendar years (for example, during calendar
    year 2019, request Log 300s and related records (301, 300A) for 2014-2018.)
  • Records must be provided within four (4) hours.
  • Issue Citations for:
    • 14300.33 (a) if not having retained the five-years of records created
    • 14300.29 (b) if injuries that are not on the form are found
    • Other 14300 sections, addressing requirements on how
      the forms must be completed, if finding violations of these sections
    • 14300.33 (b)(1) if finding evidence that Log 300 entries should
      have been updated and were not.
CalWorkSafety, LLC Consultants Assist

You In Preparing for OSHA Compliance

To Prevent Citations & Fines Amounting to $12,000+
We Visit Your Operation …
Audit Your OSHA Injury Records …
Roll It into Your Retainer Agreement with Us!
To Schedule Your OSHA Records Audit

Important Notice for Employers: Change In OSHA Record keeping Rule

1 Feb
Feb-Masthead
On January 25, 2019, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its revisions to its electronic record keeping rules. As expected, OSHA eliminated the requirement for employers to electronically submit Forms 300 and 301 to OSHA. The rule, located at 29 C.F.R. Section 1904.41, still requires employers in the following two categories to electronically submit Form 300A (Annual Summary) to OSHA annually:

 

  1. Establishments with 250 or more employees
  2. Establishments with 20-249 employees in industries designated by OSHA.
Employers need to be aware that the 2018 summary needs to be posted Feb. 1 through April for all establishments with 10 or more employees and those with over 250 employees and with 20 to 249 employees in selected industries need to post on line electronically as well.

 

CalWorkSafety consultant Edward Li assists employers with compliance issues.

NOTE: 

Now is an excellent time to plan a brief safety training for all supervisors and managers and review the company’s OSHA 300 A form, what it means, as well as the obligations of all supervisors and managers for OSHA safety compliance.

Our CalWorkSafety, LLC team is here to help.  We highly recommend that you review our new Leadership Courses Training Flier

This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 Important New Regulations.
To learn more email: dondressler1@hotmail.com
Call:  949-533-3742

California Regulation Stipulates – All Time Worked Must Be Paid, Even If It’s Only Minutes

23 Jan

jan-19-header

Situation: Our nonexempt employees answer texts and calls after-hours.
Question: Is this ‘work time’ and how much would we pay for a 5-minute call?

Yes, in most instances, answering short calls, texts, and emails would meet
the definition of hours worked found in the Industrial Welfare Commission
Orders, Section 2:

“Hours worked” means the time during which an employee is
subject to the control of an employer, and includes all the time
the employee is suffered or permitted to work, whether or not
required to do so.”

De Minimis Time

These small increments of time are difficult to track and frequently are disregarded as “de minimis” time that is insignificant. In fact, the federal Fair Labor Standards Act allows employers to disregard small amounts of time as de minimis time. Disregarding these small increments is no longer advisable in California.

California Law

In 2018 the California Supreme Court held that the de minimis rule has not been adopted by California laws. According to the court, don’t allow employees to routinely work for minutes off the clock without being paid-because California labor laws require pay for “all hours worked.”

Even when the time is hard to track, time records should reflect all time worked, including any time worked after an employee’s regular hours. Develop a policy advising employees how to report all off-the-clock work time.

When it is not necessary that employees answer after-hours calls, employers may prohibit employees from working off the clock. Have a clear policy advising employees not to make calls or respond to any inquiries or to perform any off-the-clock work. It is good practice to train managers to refrain from contacting employees before or after their shift. Managers also should review time records and confirm that employees are following the policy. When employees happen to work in violation of your policy, be sure to pay for the time. Disciplinary action is an option.

Are your supervisors and managers aware of important employment laws such as recording and paying for all work time? Have you trained them recently?

CalWorkSafety, LLC has the experienced training and human
resources personnel to help you develop the leadership,
management and supervisory skills to help you comply
with the law and enhance employee productivity.

The Bottom Line:
This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 Important New Regulations.
To learn more email: dondressler1@hotmail.com
Call: 949-533-3742

OSHA Deadline for Employers to Submit 2017 Injuries Form 300A Online Is December 31, 2018

21 Dec

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With the Adoption of the Emergency Amendments
First Submission Deadline of Form 300A for certain required Employers Must Be Filed At The End Of 2018

The Office of Administrative Law (OAL) recently approved the Department of Industrial Relations’ Division of Occupational Safety and Health’s (the Division) proposed emergency amendments to sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations. These amendments require specific California employers to submit electronically certain occupational injury and illness informationto the federal Occupational Safety and Health Administration (OSHA). The first submission is due by December 31, 2018 for 2017 injuries.
Under the approved amendments, certain employers must submit Form 300A, Annual Summary of Work-Related Injuries and Illnesses covering calendar year 2017 by December 31, 2018 if it has not already been submitted.

The Following Employers Are Affected by Deadline:
  • Employers with 250 or more employees per establishment must electronically submit their 2017 Form 300A, unless exempted by Title 8 California Code of Regulations Section 14300.2.
  • Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations. You can find the specific industries HERE:
  • This list includes construction, manufacturing, residential care facilities, warehouses, food stores, and many others.
All these employers must submit injury and illness data to the  Federal OSHA Injury Tracking Application (ITA) online portal, which includes job aids to support users through the submission process.

The information must be submitted on or before December 31, 2018, and then by March 2, 2019 for the 2018 Form 300A.

This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 On-Line Forms Submissions.
To learn more email: dondressler1@hotmail.com
Call:  949-533-3742

Social Security Administration’s No-Match Letters Are Coming In 2019

20 Dec

Dec-BotLine-No-Match Letters in 2019

Starting in Spring 2019, Notices Regarding 2018 W-2’s Will Be Sent – Unlike Prior Letters, These WILL NOT BE Informational, But Informs Employers That Corrections Are Necessary

Impact:
2018 W-2 Forms Notifications Tell Employers That Corrections Are Mandatory

The Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters.

“No-Match” Letters Are Back!

In July 2018, SSA re-started the practice by sending “Informational Notifications” to employers and third-party providers telling them of mis-matches on their 2017 Forms W-2 and explaining where to find helpful resources. The plan is to send 225,000 of these notices every two weeks.

A mis-match does not necessarily mean that there is any wrongdoing; it can be caused by an administrative error: numbers can be reversed, names might be misspelled or changed, for instance, due to marriage. But once a letter is received, in determining how to respond, employers find themselves caught between agencies.

SSA wants to maintain accurate earnings records. ICE wants to ensure compliance with employment verification laws. And the Immigrant and Employee Rights Section of the Department of Justice (IER) wants to ensure that employers are not discriminating on the basis of citizenship, nationality or by pursuing unfair documentary practices in violation of the INA.

What Employers Can Do

  1. Don’t take any adverse action against an employee based on a No-Match letter alone.
  2. Compare the SSA information with the individual’s employment records.
  3. If the employer’s records match, ask the employee to check the name and number on his or her Social Security card.
  4. If there is a mistake on the card or the card needs to be changed or corrected, ask the employee to reach out to SSA to resolve the issue.

For specifics in your city, CLICK HERE to view a valuable “Wage-by-City” report.

There are no “safe harbors.” If the W-2 issue is not easily resolved, employers should contact CalWorkSafety for legal advice. Since each case differs it must be analyzed individually to avoid missteps and penalties from either the SSA, ICE, or IER. It is wise to be sure you are prepared.

The Bottom Line:
This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 New Laws including Salary History and
Request for Employer Information Letters.
To learn more email: dondressler1@hotmail.com
Call: 949-533-3742

IRS Announces Standard Mileage Rates for 2019

19 Dec

Dec-BotLine-IRS New Mileage Rate-19

CA 2019 Standard Mileage Rates For
Cars, Van, Pickups & Panel Trucks Is:
$.58/per Mile

The Internal Revenue Service (IRS) recently issued the 2019 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning January 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 58 cents per mile.

The law requires employers to reimburse employees for actual necessary costs in performing duties for the company, which includes the use of personal vehicles when driven for company business.

While there is no legal obligation to use the IRS numbers, the California Department of Industrial Relations accepts this rate as appropriate.

If an employer wishes to use a lower number, they have the burden of proof that the reimbursement rate is accurate and appropriate for the employee’s vehicle and use. This can be a challenge based on age of vehicle, insurance and repair costs, wear and tear, etc.

You can’t escape this onslaught of new laws – It Isn’t Optional!
Our Virtual HR Consultants provide hands-on Management &
Staff training dealing with 2019 New Laws Including:
#MeToo Movement, Harassment Protections, Salary History
& Specific Industry Employer Changes.
To learn more call us at 949-533-3742 or email:
 Call:  949-533-3742

Prepare for 2019 Laws

5 Dec
Prepare for 2019 Laws-Dec

 For The Past Eleven Months We’ve
Focused On 2018 California Regulations…

California’s 2019 New Laws Are Here & They’re Extensive

Now is the time to examine what lies ahead and prepare. Many of the new laws stem from the #MeToo movement and harassment protections. Other laws clarify ambiguities such as the ban on asking about an applicant’s salary history.  And, other laws report small changes or only affect employers in specific industries.

These new California employment laws all take effect on January 1st and beyond. CalWorkSafety has prepared the attached outline defining what is coming – CLICK HERE for details.

We’re prepared to assist your business to incorporate these changes into your policies, agreements, practices, and procedures … to ensure that you remain complaint next year.

Reading this new employment law summary now will help you plan effectively.