Author: Scott Horton

Scott has been practicing Labor & Employment law in New York for almost 20 years. He has represented over 400 employers and authored 100s of articles and presentations and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog can be considered legal advice. If you want legal advice, you need to retain an attorney.

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904SubpartEAppB

OSHA High-Hazard Industry Reporting Requirements

The Occupational Safety and Health Administration (OSHA) has updated its reporting rules for businesses in high-hazard industries. The new OSHA high-hazard industry regulations took effect January 1, 2024, with an annual reporting deadline of March 2.

New Rule

The updated regulations require certain employers to submit more comprehensive injury and illness data to OSHA. This requirement is not entirely new. However, the scope and depth of the information now required is more extensive than previous mandates.

Establishments with 100 or more employees in certain “high-hazard” industries must submit detailed reports from their Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report) annually. These submissions are in addition to the already required Form 300A (Summary of Work-Related Injuries and Illnesses).

The forms and additional filing information are available here.

OSHA’s Objectives

The rationale behind the enhanced reporting requirement is multifaceted. First, it aims to arm OSHA with the data necessary to identify workplace hazards more effectively and implement strategies to mitigate them. Second, by making some of this data publicly available, OSHA intends to encourage employers to improve workplace safety proactively, knowing that their injury and illness records may be subject to public scrutiny.

Industries in Focus

The rule targets so-called “high-hazard industries”. This broad category includes many aspects of agriculture, healthcare, manufacturing, construction, and entertainment, among other industries.

Click here for a complete list of affected industries, by NAICS codes.

Again, the changes only affect establishments in the designated businesses with 100 or more employees.

OSHA retained pre-existing rules regarding electronic submission of information from Form 300A from establishments with 20-249 employees in certain high-hazard industries and from establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.

Strategic Compliance

For employers subject to this rule, the path to compliance involves several key steps. First, it’s crucial to understand whether your business falls within the scope of the relevant “high-hazard” classification. From there, ensuring that your record-keeping practices are up to the task will be vital. This means not only accurately documenting work-related injuries and illnesses but also being prepared to submit this data in the format and timeframe OSHA requires.

Additionally, employers should view this regulation not just as a compliance challenge but as an opportunity to reassess and strengthen their overall approach to workplace safety. Implementing robust safety protocols and fostering a culture of transparency and accountability can help reduce the risk of injuries and illnesses in the first place.

 

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Employee Drug and Alcohol Issues Cover Slide

Employee Drug and Alcohol Issues (Webinar Recap)

On February 28, 2024, I presented a complimentary webinar entitled “Employee Drug and Alcohol Issues”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Medical and Recreational Marijuana Use
  • Drug and Alcohol Testing
  • Policies and Procedures
  • Discipline

and much more!

Employers hate to be faced with issues related to employee drug and alcohol use. Unfortunately, there’s no avoiding the possibility that you will have to deal with these issues as part of your human resources duties.

This webinar addresses the latest updates related to the legalization of marijuana in New York as well as general requirements and best practices related to employee drug use. If you currently rely on drug testing or are considering using it with your employees, make sure you understand how the laws interact to regulate that process (or not!). Plus, we conclude with a discussion of related discipline issues (and alternatives).

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Employee Drug and Alcohol Issues”

What do you do when one of your employees reports to work under the influence? Has drug or alcohol use contributed to performance issues, employee disputes, or safety concerns?

Most employers have many options in how they deal with workplace drug and alcohol issues. Yes, there are many laws that might come into play. And they don’t affect all employers equally. Watch this webinar to understand better how the legal issues interplay with critical business factors to keep your organization in compliance.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Management Law email newsletter to be among the first to know when registration is open for upcoming programs! Plus, follow us on LinkedIn for updates on important employment law issues.

Defending NY Employment Discrimination Claims Cover Slide

Defending New York Employment Discrimination Claims (Webinar Recap)

On January 25, 2024, I presented a complimentary webinar entitled “Defending New York Employment Discrimination Claims”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • The Role of the EEOC & New York Human Rights Agencies
  • Filing Statistics
  • Effective Response to Allegations
  • Settlement Strategies
  • Litigation Preparedness

and much more!

With both federal and state agencies having jurisdiction over employment discrimination claims across New York, employees have several procedural alternatives for pursuing such claims. It is important that human resources professionals and other members of management understand the different venues when they receive a complaint.

This webinar provides an overview of the EEOC, New York State Division of Human Rights, and New York City Commission on Human Rights. Learn more about how cases progress in each of these agencies. This information, with other strategies discussed, will better position you to respond to discrimination complaints and, hopefully, resolve them favorably.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Defending New York Employment Discrimination Complaints”

Understanding the nuances of each employment discrimination agency is crucial for the effective handling of such claims.

We delve into critical aspects such as filing statistics, providing a data-driven perspective on the frequency and nature of discrimination claims. This information will help your organization understand its own risk profile and prepare for potential claims. The webinar addresses effective response strategies to allegations. Knowing how to respond timely and appropriately to discrimination complaints is key to mitigating risks arising from the administrative process and potential court litigation. Plus, consider factors that will affect the potential settlement of claims before more costs (financial and others) are incurred.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Management Law email newsletter to be among the first to know when registration is open for upcoming programs! Plus, follow us on LinkedIn for updates on important employment law issues.