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Employers, Unions Explain Objections to OSHA Silica Rule
New court challenges to OSHA's silica rule raise questions about how the agency determined the feasibility of protection requirements for employers and decided against providing financial protections for workers diagnosed with silica-related health issues.
The questions were asked in “statements of issues” filed May 31 as part of a consolidated case now before the U.S. Court of Appeals for the District of Columbia Circuit. The court ordered in April that any petition for review filed regarding the silica rule be part of a single case, regardless of the concerns raised in the petition.
As of June 14, no hearing dates had been set and no court-ordered mediation had begun. OSHA released the final rule on March 25, and it takes effect June 23, 2016, however compliance dates still are more than one year away—June 23, 2017, for construction; June 23, 2018, for general industry and maritime; and June 23, 2021, for oil and gas hydraulic fracturing.
Among the employer representatives filing statements of issues were the National Association of Manufacturers; the American Foundry Society; the National Stone, Sand and Gravel Association; and the National Association of Home Builders. From labor groups, statements of issues were filed by the AFL-CIO, several manufacturing-focused labor groups and North America's Building Trades Unions (NABTU).
While statements of issue often raise concerns about how a rule applies to a specific industry or situation, the employer statements point to broad concerns with the rule. All the employer statements ask a judge to determine whether OSHA adequately justified its decision to set the permissible exposure limit for respirable silica at 50 micrograms per cubic meter of air, measured as an eight-hour time-weighted average, and whether complying with the exposure limit is technologically and economically feasible. Click here to read more.
BWC’S Payroll True-Up Period Begins July 1st
(This article is provided by CareWorksComp, OCA’s third party administrator for workers comp group rating.)
UPDATE! The first-ever payroll True-up period for private employers begins July 1, 2016. Payroll true-up reports are due to BWC no later than Aug. 15, 2016.
At the end of each private employer policy period (July), it is necessary to reconcile estimated payroll with actual payroll. This is called the True-up. This report can be completed online at: http://ow.ly/4mWUlm or over the phone by calling 1-800-644-6292.
This new payroll True-up process is part of prospective billing, and as a result, Ohio businesses are now required to reconcile their actual payroll annually for the prior policy year and also reconcile any differences in premium paid. According to BWC, the True-up allows more accurate premium calculation. Even if actual payroll for the year matches the original BWC estimate or a business had zero payroll, the True-up report must be completed.
The quickest and easiest way to True-up is online with a BWC e-account. If you do not have a BWC e-account you can create one by signing on to: https://www.bwc.ohio.gov/SelfSvcAccountAdmin/newacc.asp.
You can also complete the True-up through the BWC call center however wait times may be extremely high, as a result BWC encourages the use of their online reporting system.
IMPORTANT NOTE: Again, August 15, 2016 is the due date for your True-up report to be completed with BWC. This is a critical deadline, as the BWC has indicated that if a business does not complete the True-up timely, they may not be eligible for current, and future alternative rating and premium discount programs such as Group Rating and Group Retrospective Rating. Once more, reports must be submitted either online at (http://ow.ly/4mWUlm) or by phone at 800.644.6292.
For additional information about BWC’s True-up process, please contact OCA’s Account Executive at CareWorksComp, Andrew P. Frank. His direct dial phone number is (614) 956-2325. His email address is: [email protected]
ODOT Submits 15.6% DBE Utilization Goal for 2017-19
The Ohio Department of Transportation is initiating the development of its Federal Fiscal Year 2017 through 2019 Triennial DBE Goals, which are required by the Code of Federal Regulation 49, Part 26, and must be submitted by August 1, 2016. ODOT has proposed a DBE goal of 15.6 % of the Federal financial assistance expended on highway design and construction contracts. This figure is based on ODOT's recently published disparity studyand represents a 75% increase in the goal and is 42% higher than the highest utilization of DBEs ODOT has previously achieved in any year.
OCA is currently formulating comments on the methodology and it will be discussed at the upcoming Board of Directors meeting. This ODOT webpage contains information on these goals and an opportunity to submit comments of your own. The comment period runs from June 10 through July 25. In addition to making your thoughts known to ODOT, please share them with Chris Engle.
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