Injury Tracking Application Update

This is a reminder for ambulance service providers that the deadline for submitting your OSHA Form 300A Injury Data electronically through OSHA’s Injury Tracking Application (ITA) is March 2, 2020. All employers are required to electronically submit a summary of their workplace injuries to OSHA. The Form 300A Summary of Workplace Injuries is the same information that employers are required to post annually from February 1 through April 30 in all work locations. If you have not already done so, make sure you submit your information no later than March 2, 2020. This requirement applies to all employers in any state. Even if your state has an OSHA approved state-level workplace safety plan. If you need any assistance, please contact the AAA for guidance....

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OSHA Injury Tracking Update

Earlier this week the AAA reminded its members of their obligation to post their 2018 injury data represented on the OSHA Form 300A in all work sites from February 1st through April 30th.  In addition, all EMS employers are required to report all injury data on the OSHA Injury Tracking Application (ITA).  Historically, all EMS employers were to electronically report the data represented on Form 300A.  However, larger employers (250 or more) also had to electronically submit the injury specific information from the Form 300 and Form 301 to the ITA.  OSHA announced yesterday that employers that larger employers will no longer be required to submit the information from Forms 300 and 301.  Citing privacy concerns, OSHA announced that employers of all sizes will only be required to submit the workplace injury summary information from Form 300A.

OSHA Reminder 2019

OSHA Injury Posting & Reporting of 2018 Injury Data It is important that employers remember that they must post a copy of their OSHA Form 300A which is a summary of workplace injuries starting February 1, 2018 through April 30, 2018.  The OSHA Form 300A is a summary of all job-related injuries and illnesses that occurred in an employer’s workplace during 2018.  If a company recorded no injuries or illnesses in 2018, the employer must enter “zero” on the total line. The form must be signed and certified by a company executive. The OSHA Form 300A Injury Summary must be displayed in a common area where notices to employees are usually posted.  In addition to posting these reports in the workplace, covered employers should be electronically submitting their 2018 workplace injury data to OSHA via the Injury Tracking Application (ITA).  If members need assistance with the workplace posting or electronic injury reporting submission, contact the AAA. 2019 OSHA Penalty Adjustment Also, a reminder to employers who are subject to OSHA or to those who operate in a state with an OSHA approved state level plan, the penalty amounts for OSHA violations are increasing effective the publication of the new rates...

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Notice of Proposed Change to OSHA Injury Reporting

Notice of Proposed Change to OSHA Electronic Injury Reporting Regulations The Occupational Safety and Health Administration (OSHA) announced on July 27, 2018 that it has published a Notice of Proposed Rulemaking (NPRM) that would change the Electronic Injury Reporting Regulations (29 CFR Part 1904) for employers with 250 or more employees. OSHA is proposing this change due to a heightened concern that employee Personally Identifiable Information may be at risk of disclosure through the Freedom of Information Act (FOIA). Currently, all EMS employers must submit their annual injury and illness data to OSHA through the Injury Tracking Application (ITA). Historically, employers were required to track all workplace injuries and illnesses and maintain records of those incidents in the workplace on the OSHA Form 300, 301, and 300A. Each year, employers are required to post a Summary of Workplace Injuries and Illnesses on the Form 300A from February 1st through April 30th. In May 2016, OSHA amended the regulations requiring all employers to submit their Form 300A Summary electronically through the Injury Tracking Application (ITA). Employers with 250 or more employees were required to electronically report all injury and illness data from Forms 300, 301, and 300A each year. Initially OSHA...

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July Brings Legal Changes for Employers in Many States

Oregon Statewide Transit Tax Important notice to ambulance service employers based in the state of Oregon: there is a new statewide transit tax taking effect on July 1, 2018. Beginning July 1st, employers must start withholding a tax of 1/10th of 1% from the wages of Oregon residents or from non-residents who perform services in Oregon. The Department of Revenue has published detailed information on the statewide tax with a list of available resources to assist employers with compliance. Iowa Lowers Standard for Positive Alcohol Tests Effective July 1, 2018, Iowa employers may lower their standard for taking employment action for positive alcohol tests from the old state standard of .04 to .02. Iowa has one of the strictest employment drug and alcohol testing requirements in the country. Employers are required to have a written policy that is distributed to all employees and job candidates for their review. Employers must establish a drug and alcohol awareness program alerting employees of the dangers of drug and alcohol use in the workplace, and most employees must be provided an option to enter a rehabilitation program instead of being disciplined. In addition, all supervisory staff must attend a two-hour initial drug and alcohol...

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OSHA Injury Reporting

Last year we notified AAA members that they must begin electronically reporting their workplace injury data to OSHA starting December 1, 2017 for 2016. This is just a reminder to all employers can begin electronically reporting their 2017 workplace injury data through the OSHA Injury Tracking Application (ITA). 2017 Injury Data must be submitted to OSHA no later than July 1, 2018. For employers in states that are covered by OSHA approved state level work injury regulations, OSHA has announced on April 30, 2018 that employers in states that have not completed the adoption of a state rule must also report their 2017 injury data through the OSHA ITA. If any member has not set up their account with OSHA on the ITA, we strongly suggest that you do so immediately. The AAA can assist members who need assistance ensuring they are compliant with this reporting requirement....

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OSHA Updates & Reminders 2018

It is important that employers remember that they must post a copy of their OSHA Form 300A which is a summary of workplace injuries starting February 1, 2018 through April 30, 2018.  The OSHA Form 300A is a summary of all job-related injuries and illnesses that occurred in an employer’s workplace during 2017.  If a company recorded no injuries or illnesses in 2018, the employer must enter “zero” on the total line. The form must be signed and certified by a company executive. The OSHA Form 300A Injury Summary must be displayed in a common area where notices to employees are usually posted.  In addition to posting these reports in the workplace, covered employers will have to electronically report their injury data on the Injury Tracking Application (ITA) by July 1, 2018. Also, a reminder to employers who are subject to OSHA or to those who operate in a state with an OSHA approved state level plan, the penalty amounts for OSHA violations are increasing effective January 2, 2018.  In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department of Labor is required to adjust penalties for inflation each year. New penalties for willful...

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OSHA: Transportation-Related Incidents Top Workplace Fatality List

Yesterday, OSHA issued a statement regarding fatal occupational injuries in 2016. Transportation-related incidents were the most frequent cause of workplace fatality in the United States last year. While the biggest part of our services is providing highest-quality medical care to people in need, the safe transportation of patients and crews plays a significant role. As an industry, we should do everything we can to ensure that every provider goes home at the end of their shift....

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Electronic Injury Deadline Now 12/31

This is an important reminder to all agencies who are required to electronically report their injury data to OSHA.  OSHA announced today that they are giving employers until midnight on December 31, 2017 to submit their injury data for 2016.  If you need assistance with submitting your injury data, please be sure to call or email the AAA.  We can assist you in making sure you meet the deadline.  As of January 1, 2018, employers will not be able to submit their 2016 injury data.

OSHA Electronic Injury Reporting Deadline Is Dec 15

Several months ago, we alerted AAA members that the Occupational Safety and Health Administration (OSHA) had announced that it would further delay the deadline for employers to electronically file injury data until December 1, 2017.  With that deadline quickly approaching, we wanted to make sure that our members were prepared and reporting the data correctly. OSHA announced in July that it will be launching the new electronic Injury Tracking Application (ITA) on August 1, 2017.  The new rules are an effort to “nudge” employers to improve safety in the workplace by publishing employee injury data, as reported by employers.  Electronic data reporting would give job candidates and employees the ability to compare potential employers and their safety records.  Currently, most employers are required to record injuries that occur in the workplace, but this data is not easily available to candidates or OSHA itself.  It is anticipated that employers can expect greater investigative and enforcement actions after electronic injury reporting begins. Under the Old & New Rules Every year, ambulance services with 10 or more employees are required to record all workplace injuries that involve medical treatment beyond first aid, days away from work, restricted/transfer of duties, or loss of consciousness. ...

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OSHA to Launch Electronic Injury Reporting on August 1, 2017

A few weeks ago, we alerted AAA members that the Occupational Safety and Health Administration (OSHA) had announced that it would further delay the deadline for employers to electronically file injury data.  The new rules, which require electronic injury data reporting were originally to take effect on July 1, 2017.  These rules were delayed until this December 1, 2017.  It was believed the requirements, an Obama administration initiative, might never see the light of day under the new administration.  However, OSHA announced Friday that all employers (ambulance providers) who employ twenty or more employees will be able to begin submitting electronic report injury data starting August 1, 2017. OSHA announced Friday that it will be launching the new electronic Injury Tracking Application (ITA) on August 1, 2017.  The new rules are an effort to “nudge” employers to improve safety in the workplace by publishing employee injury data, as reported by employers.  Electronic data reporting would give job candidates and employees the ability to compare potential employers and their safety records.  Currently, most employers are required to record injuries that occur in the workplace, but this data is not easily available to candidates or OSHA itself.  It is anticipated that employers...

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Electronic Injury and Illness Rules Delayed

As reported to members in late May, the United States Department of Labor (DOL) announced that Occupational Safety & Health Administration (OSHA) will further delay the implementation of the new Electronic Injury and Illness Rules that were scheduled to go into effect on July 1, 2017. The DOL announced today that they were further delaying the implementation until December 1, 2017. The DOL has stated that the delay is intended to give the agency “further review and consider the rule.”  We will continue to keep members posted of any pending changes to this or any DOL change....

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OSHA Faces Further Delays in Electronic Reporting Rules

This past May, the AAA published an Advisory to members alerting them of the new OSHA electronic injury reporting requirements for employers that were set to start this past August.  According to OSHA’s announcement, the rule was intended to “Improve Tracking of Workplace Injuries and Illnesses”.  The new rules provided that certain employers would have to electronically submit their 300 or 300A employer injury data to OSHA.  OSHA stated that it would post the data on it’s website as a mechanism to “nudge” employers to provide the safest workplaces that they can. These new rules also included anti-retaliation provisions required that employers have reasonable procedures for employees to report injuries.  They also provided that employers could not have any practices or procedures that would discourage employees from reporting injuries.  The United States Department of Labor (USDOL) announced last June that they would be delaying the implementation of the anti-retaliation requirements until November 1, 2016 because they wanted to have more time to “perform education and outreach.”  Those provisions were further delayed but went into effect this past December. With the July deadline looming for electronic submission, there was little indication that OSHA had developed the electronic submission portal for employers...

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HR Wrap-Up: A Look Back at 2016

As we wind up 2016 I thought it would be a good idea to review the year’s human resource and legal developments to ensure that our members are compliant and prepared for what faces them in 2017.  We knew that this was going to be an interesting year as we experienced the most unusual Presidential Election in our history.  It overshadowed everything else that occurred in 2016.  As the Obama administration comes to its final days, employers and ambulance providers saw some of the most sweeping regulatory changes. Fair Labor Standards Act (FLSA) The biggest change facing employers in 2016 was the Fair Labor Standards Act (FLSA) overtime changes.  The Department of Labor (DOL) issued updated regulations which were to become effective December 1, 2016, raising the minimum salary thresholds for the so called “white collar” exemptions.  Under the new regulations, the minimum salary would increase from $455 to $970 per week.  For those employees earning under the new amount, employers would need to decide if they are going to raise the salary level or pay the employee overtime for hours worked over 40 in one week.  The changes have not gone into effect yet as a 5th Circuit Judge...

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OSHA Delays New Rules a Second Time

This past May, the AAA published an advisory to members alerting them of the new OSHA injury reporting requirements for employers starting this August 10, 2016.  The United States Department of Labor (USDOL) announced in June that they would be delaying the implementation of the new anti-retaliation requirements until November 1, 2016 because they wanted to have more time to “perform education and outreach.”  Yesterday the USDOL published an advisory stating it will further delay the implementation of the anti-retaliation provisions of the new rules because the U.S. District Court for the Northern District of Texas has requested additional time to consider a motion challenging the new provisions. The motion being considered by the U.S. District Court was filed by Coalition of businesses that objected to the new rules for several reasons but principally because OSHA exceeded its authority given by Congress in publishing these new regulations and that they did not follow the Administrative Procedures Act (APA) by providing adequate notice of its intent to adopt the new rules.  In addition, the Coalition claims that OSHA failed to demonstrate that the rules are reasonably necessary to effect the purpose of the law and that it places an undue burden...

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Required Employment Posting Changes

Over the last few months we notified AAA members of several changes to employment laws that ambulance providers need to be aware of.  In early May we published advisories to members regarding upcoming changes to the Fair Labor Standards Act (FLSA) and the Reporting Requirements under the Occupational Safety and Health Act (OSHA).  In July, we notified members that the United States Department of Labor (DOL) would be increasing the civil penalties for violations of the laws that they enforce in an effort to update the penalty amounts to provide for adjustment due to inflation and to maintain the penalty’s deterring effect. These changes require that employers update the required Federal employment postings in their workplaces.  The new postings are available on the Department of Labor’s website free of charge.  Alternatively, many employers purchase the all-in-one combination Federal and State posters from third party vendors.  Whether obtained from the DOL or from a vendor, the postings need to be updated to reflect these new changes. Fair Labor Standards Act (FLSA) The changes to the FLSA that were detailed during a AAA Webinar in June will become effective this coming December 2016.  While there was no change to the Federal Minimum...

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OSHA Reporting Requirement Changes Delayed Until November 2016

This past May, the AAA published an Advisory to members to alert them of new OSHA injury reporting requirements for employers starting this August 10, 2016. The Department of Labor announced today that it will be delaying the implementation of these new requirements until November 1, 2016. In the press release, the DOL stated that it is “delaying enforcement of the anti-retaliation provisions of the new rule to allow time for additional outreach and education.” The DOL states that the intent of the new rules are an effort to collect data for the purposes of improving safety to reduce injuries and illnesses in the workplace. The Occupational Safety Health Administration (OSHA) has issued its final rule regarding new Federal Reporting requirements for certain employers. The new rule will require those employers who are already required to record injuries to report those injuries to OSHA electronically. All ambulance providers with ten or more employees are required to keep a record of injuries that occur in the workplace. To ensure that employees are encouraged to report work related injuries, the new rule has provisions that require employers to have reasonable procedures for reporting work related injuries and that they be able to...

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