Monthly Compliance Calendar Alert – Keep Your Company Compliant in February: OSHA Recordkeeping and Safety Programs

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’ll find the key topics to keep your Company up-to-date including employee awareness and
required or recommended training. 

*NEW: Monthly Compliance Calendar Consultations –A monthly webinar with a Compliance Consultant to guide you through HR compliance tasks and topics. Reach out to your dedicated HR Manager to find out how to register for the monthly Compliance Calendar Webinar!
  • Not applicable to HUB100 or GHR Hotline Clients

Holidays

  • President’s Day (George Washington’s Birthday) February 20

Important Dates and Deadlines for this Month

February 1

  • For certain employers the OSHA 300Amust be posted in a conspicuous place visible to all employees i.e., bulletin boards, lunchroom, or near time clock, and must protect employee’s confidential information) from February 1-April 30. The summary must be posted even if there were no recordable injuries or illnesses, and each column total is zero.

Topics to Discuss and/or Review

1. Review OSHA Injury and Illness recordkeeping and reporting requirements for serious work-related injuries and illnesses. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

  • Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. (Certain low-risk industries are exempted.) Minor injuries requiring first aid only do not need to be recorded. Employers should understand that each employer covered by the Occupational Safety and Health Act of 1970 must report to OSHA any workplace incident resulting in a fatality or an inpatient hospitalization. This is a separate requirement than the OSHA 300 reporting requirement. 
  • Many employers are required to electronically submit information from their Form 300A Summary to OSHA.
  • 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. See the Regulations and other requirements.

2. Set up or review OSHA Recommended Safety and Health Programs (Some states have their own plan). Several state OSHA programs now require employers to adopt some form of an Illness Injury Prevention Program or Workplace Safety and Loss Prevention Program. For clients with access to the Forms Library, references to this section can be found in the folder “Safety and OSHA.”

  • For clients with access to the Forms Library see: “Occupational Safety and Health Plans by State” located in the > Safety, Disaster & Evacuation Plans & Policies folder
  • Check State or local directives for any additions to add to plan with respect to COVID-19 Pandemic. 
      • For clients with access to the Forms Library see: “Coronavirus (COVID-19)- Health and Safety” located in the COVID-19 > Safety – Positive or Exposed, Masks, Social Distancing, Testing, etc folder.
      • (COVID-19) – State Safety-Training Requirements” located in the COVID-19 > State-Specific Information (Reopening, Unemployment, Orders) folder.

3. 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.”

  • We can facilitate a review of the safety manual via our partnered safety expert Trivent Safety Consultants, whom we have worked out preferential pricing for our clients. Please let us know if you would like us to connect you with them by emailing sales@guardian-hr.com 

4. 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 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.”

  • For clients with access to the Forms Library see: “Protocols for handling OSHA inspections”  located in the Safety > OSHA folder

5. 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, any safety regulations specific to the Company’s industry, or discuss workplace violence prevention, safety protection tips etc. to ensure compliance and retention of policies.

6. 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.”

7. 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?

Tips

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.