If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA.
That is why we put together the HR compliance calendar, to bring you an important list of dates and deadlines you need to know to keep your workplace on track.
In this month’s compliance calendar, you will find the key topics to keep your Company up-to-date including employee awareness and required or recommended training.
|*NEW: Monthly Compliance Calendar Consultations – As a client of Guardian HR you already know how valuable it is to receive assistance from your dedicated consultant but did you know you also have a compliance consultant available to you as well. We will review your overall HR practices and procedures and set you up on a 12-month compliance agenda where you will have monthly meetings with your compliance consultant who will help you implement our recommendations. Ask your Dedicated Consultant to get you started with your Compliance Consultant today. There’s no additional cost.|
- Not applicable to HUB100 or GHR Hotline Clients
- President’s Day (George Washington’s Birthday) – February 17
Important Dates and Deadlines for this Month
- OSHA 300 Log (Forms 300 and 300A) must be posted in all non-exempt workplaces (in a conspicuous place i.e., lunchroom and must protect employee’s confidential information) from February 1-April 30.
- Deadline for employers to furnish Form W-2 to all employees and Forms 1099 to all independent contractors, vendors, etc., for work performed in the previous year. *
- Employees are required to report to you tips of $20 or more earned during Jan.
- Deadline for exempt employees claiming on Form W-4. A Form W-4 claiming exemption from withholding is valid for only the calendar year in which it is furnished to the employer. To continue to be exempt from withholding in the next year, an employee must give you a new Form W-4 claiming exempt status by February 15 of that year. This date is delayed until the next business day if it falls on a Saturday, Sunday, or legal holiday. If the employee does not give you a new Form W-4, withhold tax as if he or she is single with no other adjustments. However, if you have an earlier Form W-4 (not claiming exempt status) for this employee that is valid, withhold as you did before. (see: Exemption from Withholding) *
Topics to Discuss and/or Review
1. Review/Audit I-9 compliance. For clients with access to the Forms Library, references to this section can be found in the folder “United States Citizenship and Immigration Service (USCIS).”
- Determine if there is any need for recertification.
- Is I-9 expired?
- Is there any missing information?
- Where are I-9 Forms stored and how are they retained.
2. Help employees make corrections on I-9 and store separately from personnel files.
3. Review OSHA Injury and Illness recordkeeping and reporting requirements for serious work-related injuries and illnesses. (Employers with 10+ EEs, (Certain low-risk industries are exempted.) Minor injuries requiring first aid only do not need to be recorded.) For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
- How does OSHA define a recordable injury or illness?
- How does OSHA define first aid?
- The records must be maintained at the worksite for at least five years. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and former employees, or their representatives.
- OSHA published a Final Rule to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep injury and illness records. Covered establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this Final Rule.
- Employers must report any worker fatality within 8 hours and any amputation, loss of an eye, or hospitalization of a worker within 24 hours.
- OSHA has issued temporary enforcement guidance related to the COVID-19 pandemic for Recording and Reporting Occupational Injuries and Illnesses required under 29 CFR Part 1904. See the Enforcement Memoranda section of OSHA’s COVID-19 Safety and Health Topics page.
4. Set-up or review OSHA Recommended Safety and Health Programs (Some states have their own plan). For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
- Check State or local directives for any additions to add to the plan with respect to COVID-19 Pandemic.
5. Review or Revise General Safety Manual or State Plan Manual, communicate and distribute to employees. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
6. Establish a Safety Team that will be responsible for Safety Compliance for the year (i.e. implementation of the safety program, make plans, coordinate activities, and track progress) and select a representative (along with an alternate) that will interact with the government agency representatives in the event of an OSHA Investigation. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
7. Work with the Safety Team to implement a Safety meeting schedule to keep track of compliance, to address any issues raised, and encourage employee Safety and Health awareness throughout the year. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
- Designate a subject for each safety meeting like going over the Company’s emergency procedure, heat and illness prevention, safety regulations specific to the Company’s industry, or discuss workplace violence prevention, safety protection tips, etc. to ensure compliance and retention of policies.
8. Provide applicable training to employees on OSHA Rules, any Safety training provisions required by State or local directives, Safety Standards as set out in the Company’s safety plan, procedures for reporting and investigating potential hazards injuries or illnesses, communicable diseases and how to handle them in the workplace, emergency procedures and/or closures, workplace violence prevention, reporting and investigation procedures, Smoking Policy, Visitor Policy, Bomb Threat Policy, fire safety, and drills, and Active Shooter Emergency Response Policy. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
9. Evaluate the workplace for potential hazards or any necessary security measures required. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”
- Are there security measures in place? (Access badges, Employee I.D.s, electronic surveillance in work areas, traffic control, security team).
- Are employee’s workplace or is the facility sufficiently lit, are facilities easily accessible for disabled individuals, are employees working in ergonomic positions?
- Are minors prohibited from working in hazardous positions? (Check state law).
- Does the Company have an infectious or communicable disease policy?
More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.
Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators, and/or your ERISA and tax advisors for further guidance.
For the most current information on certain tax-related or benefit-related documents or forms provided by the IRS, or other sources, please check with a tax professional, benefit professional, and/or the correlating websites (i.e. irs.gov/LatestForms, etc.).