Safety/Workers’ Comp

Ohio’s first legal recreational marijuana sale could be just days away. Last week, the first provisional licenses were issued to dispensaries, cultivators, and processors that already had a medical license.

While around 75 provisional licenses have been awarded, many still need to meet the full list of requirements to officially sell legal marijuana.

Senate President Matt Huffman lamented the lack of legislative action on marijuana before their summer recess, saying he was ‘disappointed’ an agreement could not be reached.

Members of the House and Senate have been deliberating for weeks on potential changes to the voter-approved statute legalizing marijuana but could not reach an agreement despite the bipartisan effort. 6/26/2024

As the Eastern and Midwest portions of the U.S. see spikes in temperature, heat related injuries are also following suit, leading to heatstroke, fainting, cramps and fatigue.

According to the Workers Compensation Research Institute, workplace injuries rise between 5% and 6% when the daily maximum temperature exceeds 90 degrees. 6/17/2024

The deadline for an additional 2% rebate on premiums is approaching. Employers can pay their full 2024-2025 amount prior to July 1, 2024 to receive the 2% credit from the Bureau of Workers Compensation (BWC). For employers on a bi-monthly installment plan the first premium payment for 7/1/24 – 6/30/25 is due by June 21st, 2024 The 2023 true-up will open 7/1/2024 and employers can expect notices in the mail soon. Actual payroll 7/1/2023 – 6/30/2024 must be reported online to the BWC prior to August 31st, 2024 6/12/2024

Ohio Governor Mike DeWine this week banned nine types of synthetic opioids, many of which are linked to increased overdose rates. Synthetic opioids, called nitazenes, are stronger than fentanyl and were never created or approved for medical use. The order, signed by DeWine on Tuesday, classifies the nitazenes as a schedule I controlled substance, effectively banning the sale, use, or distribution statewide. 6/6/2024

Last week, the National Association of Manufacturers (NAM) along with other business organizations filed a lawsuit against the Occupational Safety and Health Organization’s (OSHA) final “Walkaround” rule. The rule, which takes effect May 31, would allow non-employees, including attorneys, competitors, or union representatives to accompany OSHA inspectors during an inspection, regardless of whether the representative is your employee or the facility is a union shop. The OMA submitted comments opposing the rule last October, and supports the lawsuit by NAM. 5/28/2024

Workplace safety is a top concern among both manufacturers and their employees, and nearly 81% of employees say that solid company training makes them more inclined to stay. Occupational Health & Safety is hosting a free webinar on Jun 4 at 2 p.m. to discuss what safety training and measures manufacturing employees want in their workplace. 5/22/2024

OMA Connections Partner FisherPhillips has created a FAQ list on the new rule from the Occupational Safety and Health Administration (OSHA). The rule, issued on Mar. 29, allows third party representatives to accompany OSHA inspectors during workplace inspections. 5/14/2024

The Joint Committee on Agency Rule Review (JCARR) this week completed its review of the Division of Cannabis Control’s duel-use licensure rules, allowing medical marijuana dispensaries to apply to sell both medical and recreational marijuana. Jim Canepa, superintendent of the Division of Cannabis Control, said applications will be available by no later than June 7, as the new law requires. OMA Councel Bricker Graydon prepared a memo detailing Ohio’s recreational marijuana law. The OMA also has a webinar recording on Issue 2 and the rollout of recreational marijuana in Ohio. Email us to access the recording. 5/15/2024

Kimberly Carnahan has joined the OMA as one of the organization’s account managers in workers’ compensation services. In this role, Carnahan will provide claims management and accident investigation of workers’ compensation claims, manage cost saving strategies for OMA members, as well as consulting on compliance of BWC program eligibility and claims strategies. Kimberly and her three children reside in Madison County where they enjoy most of their time outdoors and actively participate in youth sports amongst their community. 5/6/2024

This week, the OMA Safety and Workers’ Compensation Committee met in Columbus to discuss updates and changes to Ohio’s recreational marijuana law, as well as the federal push to reclassify the drug. Other highlights included: – Presentation and discussion with Ohio Bureau of Workers Compensation Administrator John Logue on new agency initiatives and updates; – Presentation on heat injury and illness prevention; – Information on the minimum wage ballot initiative; and – An update on OSHA’s finalized ‘Walkaround Rule”. 4/26/2024

The Board of the Ohio Bureau of Workers’ Compensation (BWC) is set to meet later today. The agenda includes:

• Sunsetting the “Lapse Free” rebate program effective 7/1/2024. This automatic 2% rebate was paid to employers who submitted timely premium installment payments.
• Sunsetting of the Transitional Work Performance Bonus effective 7/1/2025. The program, compatible with Group Experience Rating, awarded employers up to 10% of premium rebates for returning injured employees back to light duty work. The program rebate percentage will decrease for the 7/1/2024 policy year.
• Sunsetting the Grow Ohio program effective 7/1/2024. Grow Ohio was established in 2011 to entice more employers to open business in Ohio. New companies were provided either a spot in a Group Experience program outside of the enrollment period, or an automatic 25% discount on premiums

Additionally, the BWC has started issuing 2024 (7/1/2024-6/30/2025) coverage certificates and installment plans. Employers are recommended to review the estimated payroll set by the BWC to ensure accurate premiums are being paid. This will also be employers’ first look at the BWC’s new premium calculation which combines the state base rate with the BWC administrative costs. The BWC is also still reviewing self insured assessment rates for the upcoming policy year, but based on actuarial recommendations an adjustment will be made that will have no impact on the overall cost. 4/26/2024

This week, the OMA submitted a joint letter defending a recent ruling from the Ohio Supreme Court that simplified the process for employers to recoup overpayments when an injured worker reaches maximum medical improvement (MMI) after collecting temporary total disability (TTD) benefits. This change is expected to reduce claim costs for employers in Ohio. However, it remains uncertain whether the decision will stand or if legislative changes will follow. 4/26/2024

Having individuals trained in immediate first aid is critical not just for manufacturers, but for any workplace environment. The Ohio Bureau of Workers Compensation will be hosting an in-person training on Apr. 25 from 9 a.m. to 3 p.m. in Cambridge, Ohio focused on how to recognize and provide basic care for injuries and sudden illnesses. Click here to register. 4/17/2024

The Ohio Bureau of Workers Compensation will be hosting a two-day virtual training event on Apr. 23-24 covering the skills and knowledge necessary to recognize and mitigate occupational health hazard exposures. Attendees will learn a basic understanding of how health hazards affect workers, how to determine applicable occupational exposure limits, essential concepts related to toxicology and more. Click here to register. 4/11/2024

In a bad April Fool’s Day joke, the Occupational Safety and Health Administration (OSHA) finalized their rule on Monday that will allow a union representative to accompany an OSHA inspector during a walkaround — regardless of whether the representative is your employee or the facility is a union shop. The OMA opposes this rule and had raised concerns in the past that the rule will insert instability and unpredictability into the inspection process. OMA Connections Partner FisherPhillips will be hosting a webinar on Tue., Apr. 16 to discuss the rule and your rights during a walkaround. 4/01/2024

The Occupational Safety and Health Administration (OSHA) is moving closer to finalizing a rule that will allow a union representative to accompany an OSHA inspector during a walkaround — regardless of whether the representative is your employee or the facility is a union shop. OMA Connections Partner FisherPhillips has created this seven step guide on preparing for and what to expect during an OSHA walkaround with a union rep present. 3/27/2024

The 2024 Ohio Safety Congress & Expo is next week! OMA staff will be present in the Expo area at booth 1022 on March 27 from 10 a.m. to 4:30 p.m. and March 28 from 8:30 a.m. to 1:30 p.m. Come say hello, meet our OMA Membership and Workers’ Compensation teams and enter to win two brand new iPads! This event, hosted annually by the Ohio Bureau of Workers’ Compensation, is the nation’s largest free occupational safety conference focusing on helping employers improve safety and health within their businesses. You can learn more about the safety congress here. Have any questions or want more information? Reach out to OMA’s Nate Mays. 3/20/2024

On March 5, 2024, the Ohio Supreme Court ruled that employers are permitted to request termination of a claimant’s ongoing temporary total disability (TTD) compensation from the date of the independent medical examination report finding maximum medical improvement (MMI). For a detailed breakdown of the Ohio Supreme Court’s decision from Roetzel & Andress, click here. 3/18/2024

We are officially two weeks out from the 2024 Ohio Safety Congress & Expo! The OMA will be present in the Expo area at booth 1022 on March 27 from 10 a.m. to 4:30 p.m. and March 28 from 8:30 a.m. to 1:30 p.m. Come say hello, meet our OMA Membership and Workers’ Compensation teams and enter to win two brand new iPads! This event, hosted annually by the Ohio Bureau of Workers’ Compensation, is the nation’s largest free occupational safety conference focusing on helping employers improve safety and health within their businesses. You can learn more about the safety congress here. Have any questions or want more information? Reach out to OMA’s Nate Mays. 3/12/2024

OMA Connections Partner FisherPhillips will host a webinar on Wed., Mar. 27 on handling OSHA inspections in a more aggressive rule enforcement climate. Topics will include the inspection process, including appeals and hearings, the legal and practical process, and knowing OSHA’s limitations during an inspection. 2/27/2024