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Archive: Jul 2016

OSHA: Final Rule Issued to Improve Tracking

Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. This regulation will also improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

The new rule, effective January 1, 2017, requires certain employers to electronically submit injury and illness data to OSHA that they are already required to record on their OSHA injury and illness forms, as follows:

– Establishments with 250 or more employees in industries covered by the record keeping regulation must submit information from their 2016 Forms 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, and 301) by July 1, 2018. Beginning in 2019, the information must be submitted by March 2nd.
– Establishments with fewer than 20-249 employees in certain high-risk industries must submit information from their 2016 Forms 300A by July 1, 2017, and their 2017 Forms 300A by July 1, 2018. Beginning in 2019, the information must be submitted by March 2nd.
– Establishments with fewer than 20 employees at all time during the year do not have to routinely submit information electronically to OSHA. However, employers with more than 10 employees and whose establishments are not classified as partially exempt industry must otherwise comply with applicable OSHA record keeping provisions.

To read more about the final rule, click here.

Drone Coverage?

Drones are becoming increasingly popular for both recreational and commercial use. It may be fun to fly a drone around in your back yard, but what happens if you accidentally crash it into your neighbor’s house? Or what if the built in camera most drones are equipped with takes photos or video of a neighbor?

Does a homeowner’s policy provide liability coverage?

The liability portion of a homeowner’s policy covers an insured for damages because of bodily injury, property damage, or personal injury, which includes invasion of privacy. The homeowner’s policy specifically excludes coverage arising out of the use of aircraft, but this exclusions doesn’t apply to model or hobby aircraft. A homeowner using a drone is probably using a model or hobby aircraft; therefore, a homeowner’s policy will likely provide coverage for those customers who use drones for recreational purposes. However, each claim and policy requires a thorough investigation to ensure a proper coverage analysis.

Does a homeowner’s policy provide coverage for insureds using a drone as a recording device?

To determine coverage, the first question to ask is, “Did the recording result in body injury, property damage, or personal injury?” If it did, the homeowner’s policy may exclude coverage due to the intentional act exclusion, which excludes coverage for damages that are expected or intended, even if the resulting damages are different from what the inured initially expected. A homeowner who records someone is arguably engaged in an intentional act; therefore, this exclusion may apply. It’s important to keep in mind there may be no coverage for a homeowner who uses a drone as a recording device.

Does a Commercial General Liability (CGL) policy provide liability coverage?

The insuring agreement of a CGL policy provides coverages for body injury, property damage, and personal and advertising injury, but a CGL policy is very different from a homeowner’s policy. A CGL specifically excludes coverages for damages arising out of the use of any aircraft. A drone is an aircraft; therefore, it’s probably subject to the exclusion. It’s important to understand that a CGL policy will likely exclude coverage for insureds using drones for their business.

The consumer drone industry is still young, but it’s rapidly growing. The government now requires you to register your drone if it weighs more than 0.55 pounds. If you are thinking about purchasing a drone, you should review the Federal Aviation Administration’s website for more information. In addition, you should familiarize yourself with state and local laws as many municipalities now regulate drone coverage.

OSHA Fines Set to Rise

2016-osha-fine-increases

The Bipartisan Budget Act of 2015 required the Department of Labor to adjust its civil money penalties to account for inflation, and OSHA’s penalties were last adjusted in 1990. The initial fine increase in 2016 can account for the previous 25 years of non-adjustment, which could mean an increase of over 80%. OSHA will be required to publish the plan for the first inflation adjustment by July 1, 2016, with the fee adjustment to become effective by August 1, 2016.

In addition to the catch-up adjustment this year, the bill allows OSHA to continue raising fines annually to keep pace with inflation. Businesses can expect to see these annual increases by no later than January 15 of each year.

For more information on the fine increase, click here.

Do You Qualify for FMLA?

The Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions if the employee had not taken leave.

So who is eligible for FMLA?

Employers are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked at least 1250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

– The birth of a child or placement of a child for adoption or foster care;
– To bond with a child (leave must be taken within 1 year of the child’s birth or placement);
– To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
– For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
– For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the service members with a serious injury or illness.

The DOL recently released an April 2016 version of the FMLA poster that covered employers are required to display in a conspicuous place where employees and applicants can see it. The February 2013 version of the FMLA poster is still valid and can be used to fulfill the posting requirement. To view the 2016 version, click here.

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